Terms and Conditions
Terms and Conditions
The prescribed general terms and conditions apply to all our deliveries and services, unless other conditions have been agreed in writing. Deviations from the conditions listed here must be in writing to be legally effective. Likewise, a departure from this agreement must be in writing. Only the managing directors and authorized signatories of our company who are entered in the company register are authorized to sign for us.
- SCOPE AND DELIVERY OBLIGATION
All our offers are non-binding. The customer’s order is decisive for the scope of the delivery obligation. In the event that our order confirmation deviates from the customer’s order, our order confirmation shall be deemed to have been agreed if the customer does not object to our order confirmation in writing within 24 hours of receipt of our order confirmation. Changes to the order by the customer are only effective if they are confirmed by us in writing. All our offers are non-binding and subject to change. Information in the service descriptions, weight and quality, etc. are approximate figures.
All agreed prices are net prices. The price depends on the selected package. If the goods are shipped to third countries, all customs duties, taxes and other public charges are borne by the customer. Should individual cost drivers, such as raw material prices, preliminary products, global/national or political developments, etc., which are of decisive importance for pricing, develop unfavorably, MATR is entitled to increase the prices listed with immediate effect. MATR is then not connected to a price list, price sheet, product sheet, agreement and related.
- DELIVERY TIME
The confirmed delivery time is non-binding unless a fixed date has been agreed. Claims for damages due to exceeding the delivery period are excluded. We reserve the right to withdraw from the contract in the event that we become aware of the customer’s economic circumstances after the order has been confirmed and the customer does not guarantee our claim. A contractual penalty due to late delivery can only be requested if expressly agreed and cannot be requested if matr or one of the sub-suppliers declares “force majeure”.
The fulfillment and the transfer of risk always takes place with the departure from our producer. In the event that the customer defaults in acceptance, the risk is already transferred to the customer when we declare that we are ready to deliver. Unless partial services are expressly excluded in writing, they are permitted at any time. The mode of dispatch is determined by us, unless otherwise agreed in writing. MATR is entitled to postpone the delivery date in the event of unforeseeable circumstances and obstacles, regardless of whether they occur directly at MATR or at MATR’s suppliers, such as: work stoppages of any kind, strikes, government measures, lack of official permits, sabotage, “force majeure ” of the raw materials industry, lock-down, delay in customs clearance, failure of an essential and/or difficult-to-replace supplier, etc., to be extended accordingly. MATR is released from its obligations for the duration of the severity, without the contractual partner being entitled to any claims from this. Operational and traffic disruptions are also considered to be cases of force majeure and thus release MATR from the obligation to deliver for the duration of the hindrance, without the contractual partner having any claims. We are entitled to make subsequent deliveries once the fault has been rectified. All deliveries are made freight collect from our registered office for account and risk and at the expense of the customer. Insurance is only provided expressly upon written order and at the expense of the customer.
If the shipment is delayed or impossible for reasons that cannot be attributed to the manufacturer, the costs and risks of storage shall be borne by the customer.
The customer has the immediate obligation to check and give notice of defects. Complaints must be made in writing to be legally effective. A complaint is timely if it is made to us in writing within 3 days after delivery or the occurrence of the defect. The customer is not entitled to object to the entire delivery if only parts of the delivery are defective. We are entitled to subsequently deliver or exchange the items complained about. Our warranty is limited to adding what is missing and improving it. Any further warranty claims are excluded. In the event that legitimate warranty claims have been asserted, the customer must send the rejected goods to us at his own expense and risk. After the defect has been rectified, the goods will be returned to the customer at the customer’s expense and risk. In addition to the statutory warranty, we only provide a written guarantee in individual cases. Verbal guarantees are excluded. In the event that the producer provides a guarantee, we assign the guarantee claims to which we are entitled against the producer to the customer. Density fluctuations of up to 10% are common in the industry and do not constitute a defect. There is no impairment of lying comfort. Mold stains/mold formation and excessive exposure to moisture are due to incorrect handling or care of the mattress and are caused by heat and moisture build-up or the wrong room climate. Complaints from this area are therefore not a reason for complaint and will not be recognized. In the course of this we refer to the product information/instructions for use as well as the warranty/guarantee provisions from the MATR Product Passport. Damage to a mattress caused by an incorrect bed insert, one that does not fit or no bed insert at all does not constitute a reason for complaint. The mattress and the bed insert represent a system. Both components must be coordinated with each other. Likewise, dimensional deviations of up to 2% for boards and cuts over 1 m² do not constitute a defect, since fluctuations can never be completely avoided due to the high elasticity of our products. Due to the differences in the raw materials used (expansion), any dimensional tolerances + / – 2 cm (length + width) on the overall measurement must be pointed out. They therefore do not represent a reason for complaint. The warranty expires if the purchased item has been modified by a third party or by installing parts from a third party. Any warranty is excluded for repair work and used purchased items. The customer is not entitled to assign claims from the title of the warranty. Claims for damages from whatever title, in particular claims for damages resulting from defects, are expressly excluded.
Unless otherwise agreed, our invoices are due immediately upon receipt. If payment by installments has been agreed, the deadline is lost if even one installment is not paid, and the entire outstanding amount becomes due for payment immediately. If the customer defaults on payment, we are no longer obliged to continue to fulfill deliveries that have not yet been made. Effective payments can only be made to ourselves. Representatives are not entitled to collection. In the event of default in payment, default interest of 10% is agreed. In the case of reminders, reminder fees of €10.00 will be charged. In the event of a delay in payment, payments will first be offset against costs, then against interest and finally against the main item. If the customer has several existing debt obligations, payments will first be offset against unsecured claims and then against the oldest debt obligations. The acceptance of bills of exchange requires a special written agreement. Bills of exchange and checks are only ever accepted as payment and not in lieu of payment. The raising of notices of defects does not entitle the customer to withhold payments. Offsetting is excluded. In the event of a delay in payment, we are entitled to withdraw from the contract after setting a period of grace of 14 days and to claim the damage suffered and loss of profit or a contractual penalty of 30% of the agreed price.
- RESERVATION OF TITLE
The goods remain our property until the purchase price has been paid in full or until all other claims arising from the business relationship have been settled. In the event that the delivered goods are intended for resale by the customer, the customer assigns his purchase price claim to his customer to us upon resale. We are entitled to claim the assigned purchase price directly from the customer of the customer, but are not obliged to do so. The customer is prohibited from pledging goods delivered under retention of title. The customer must notify us immediately of any seizure of the goods. The customer must bear the costs of any excission proceedings.
- INDUSTRIAL PROPERTY RIGHTS
The customer is granted the revocable, non-exclusive right to use our identifiers, trademarks and copyrighted works (such as images and texts), hereinafter referred to as “property rights”, within the scope of use expressly granted in each case. The customer undertakes to use the property rights exclusively in the manner specified by us. The use of property rights, for example in domains, requires express consent. After the end of the contract, all property rights must be removed from the websites or advertising and marketing materials and domains must be transferred to us or deleted at our request.
- CHOICE OF LAW, PLACE OF PERFORMANCE AND JURISDICTION
Austrian law applies. The place of jurisdiction is the city of Vienna.
- CONSENT TO DATA PROCESSING ACCORDING TO ART. 6A GDPR.
Detailed information at: www.matr.eco/privacy-policy.
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