GTC

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right of withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Applicable Law
  10. Place of Jurisdiction
  11. Code of Conduct
  12. Alternative Dispute Resolution

1) Scope

1.1These General Terms and Conditions (hereinafter “GTC”) of MT Commerce GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their self-employed professional activities.

1.3For the purposes of these General Terms and Conditions, a “business operator” is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activities.

2) Conclusion of the Contract

2.1The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.

2.2The customer may submit an offer using the online order form integrated into the seller’s online store. After adding the selected goods to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the goods contained in the shopping cart by clicking the button that finalizes the order process. Furthermore, the customer may also submit the offer to the seller via email or the online contact form.

2.3The seller may accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the customer’s receipt of the order confirmation is decisive, or
  • by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
  • by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4If you select a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5When an order is placed using the Seller’s online order form, the Seller will store the text of the contract after the contract is concluded and will send it to the Customer in writing (e.g., by email, fax, or letter) after the Customer submits the order. The Seller will not make the text of the contract available in any other way.

2.6Before submitting a binding order via the Seller’s online order form, the customer can identify any potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7Various languages are available for entering into the contract. The specific language options are displayed in the online store.

2.8Order processing is generally handled automatically via email. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address.

3) Right of Withdrawal

3.1Consumers generally have the right to cancel.

3.2Further information regarding the right of withdrawal can be found in the seller's notice of withdrawal.

3.3The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not citizens of any Member State of the European Union and whose sole place of residence and shipping address, at the time the contract is concluded, are located outside the European Union.

4) Prices and Payment Terms

4.1Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not being made to a country outside the European Union, but the customer is making the payment from a country outside the European Union.

4.3The payment option(s) will be communicated to the customer in the seller's online store.

4.4If a payment method offered through the “PayPal” payment service is selected, payment processing is handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal under which the seller makes an advance payment to the customer (e.g., purchase on account or installment payments), the seller assigns its payment claim in this regard to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Prior to accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to deny the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, notices of withdrawal and related shipments, or credit memos.

4.5If the "Sofortüberweisung" payment method is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via “Sofortüberweisung,” the customer must have an online banking account that has been activated for use with “Sofortüberweisung,” must authenticate themselves during the payment process, and must confirm the payment instruction. The payment transaction is processed by Klarna immediately thereafter, and the customer’s bank account is debited. The customer can find more detailed information about the “Sofortüberweisung” payment method online at https://www.klarna.com/sofort/.

4.6If a payment method offered through the “Shopify Payments” payment service is selected, payment processing is handled by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The specific payment methods offered through Shopify Payments are displayed to the customer in the seller’s online store. To process payments, Shopify may use additional payment services, which may be subject to specific payment terms and conditions that will be separately communicated to the customer, if applicable. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

4.7If you select a payment method offered through the “Klarna” payment service, payment processing will be handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions regarding this can be viewed here:

http://www.matada.de/versand-und-zahlungsbedingungen

5) Delivery and Shipping Terms

5.1If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the shipping address provided by the Customer, unless otherwise agreed. The shipping address specified in the Seller’s order processing system shall be decisive for the transaction. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2For goods delivered by a freight carrier, delivery is “curbside,” meaning to the public curb nearest the delivery address, unless otherwise specified in the shipping information in the Seller’s online store or unless otherwise agreed.

5.3If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. With regard to return shipping costs, if the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply.

5.4If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.

5.5If the customer is a consumer domiciled in Germany or a business entity, the seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. However, this applies only if the seller is not responsible for the non-delivery and has entered into a specific offsetting transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded without delay.

5.6For logistical reasons, pickup is not possible.

6) Retention of Title

If the seller makes an advance delivery, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.1If the customer is acting as a business,

  • the seller may choose the method of subsequent performance;
  • For new goods, the statute of limitations for claims arising from defects is one year from the date of delivery of the goods;
  • For used goods, claims for defects are excluded;
  • The statute of limitations does not start anew if a replacement delivery is made under the warranty for defects.

7.2The limitations on liability and shortened time limits set forth above do not apply

  • for the customer's claims for damages and reimbursement of expenses,
  • in the event that the seller fraudulently concealed the defect,
  • for goods that, when used in the manner in which they are normally intended, were used in a structure and caused its defectiveness,
  • regarding any obligation the seller may have to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3Furthermore, with respect to business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed to have been accepted.

7.5If the customer is acting as a consumer, he or she is asked to file a complaint with the delivery service regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so will have no effect on the customer’s statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims—including tort claims—for damages and reimbursement of expenses as follows:

8.1The seller shall be fully liable on any legal grounds

  • in cases of willful misconduct or gross negligence,
  • in the event of intentional or negligent injury to life, body, or health,
  • based on a warranty promise, unless otherwise specified in this regard,
  • due to mandatory liability, such as under the Product Liability Act.

8.2If the customer is a consumer domiciled in Germany or a business entity, the following limitations of liability apply:

If the seller negligently breaches a material contractual obligation, the seller’s liability is limited to the foreseeable damages typical for this type of contract, unless the seller is liable without limitation in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract; and on whose compliance the customer may reasonably rely. In all other respects, the seller’s liability is excluded, unless the seller is liable without limitation in accordance with the preceding paragraph.

8.3The foregoing liability provisions also apply with respect to the Seller’s liability for its agents and legal representatives.

9) Governing Law

9.1All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

9.2Furthermore, this choice of law does not apply with respect to the statutory right of withdrawal for consumers who, at the time the contract is concluded, are not citizens of any Member State of the European Union and whose sole place of residence and shipping address, at the time the contract is concluded, are located outside the European Union.

10) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

11) Code of Conduct

12) Alternative Dispute Resolution

The seller is not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.