GENERAL TERMS AND CONDITIONS
§1 General Provisions, Scope
The following General Terms and Conditions (GTC) apply to all orders placed via our online shop www.matoga.at between Matoga OG, located at Margeritengasse 1/9, 2700 Wiener Neustadt, Austria (hereinafter referred to as the "Seller"), and the Buyer. These terms apply to both private customers and businesses. The General Terms and Conditions are always valid in their updated version and for the duration of the business relationship. Deviating terms and conditions of the Buyer are not recognized by Matoga OG unless they have been separately agreed upon and confirmed in writing by the Seller.
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The exclusive place of jurisdiction is 2700 Wiener Neustadt, Austria. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
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Children may only play under adult supervision.
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§2 Conclusion of Contract
The products offered by Matoga OG in the online shop are non-binding and do not constitute a purchase contract. The Buyer can place products in the shopping cart without obligation and review and adjust their order before clicking the "Order with Payment Obligation" button. To complete the order, all fields marked with * must be filled in, including first name, last name, address, delivery address, billing address, email address, phone number, and payment method. Once the products in the shopping cart have been ordered with payment obligation, the Buyer receives an order confirmation by email. Upon acceptance of the order by Matoga OG, the Buyer will receive an invoice by email within three business days, which serves as the order confirmation, thereby concluding the contract.
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To ensure communication, the Buyer must ensure that the provided email address is correct and that reception is technically flawless and not blocked by spam filters.
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Valid contracts can only be concluded with persons who have reached the age of 18. By accepting the GTC, the Buyer confirms this.
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The contract is concluded in German.
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§3 Prices
The valid prices for the ordered products are displayed in the shopping cart at the time of order submission. Prices are stated in euros and include the statutory VAT applicable at the Seller's location. Additional shipping costs, which are shown in the shopping cart, apply.
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§4 Delivery and Product Availability
The delivery of the ordered goods takes place within the specified delivery time of the Seller, but no later than seven business days in Austria (up to 10 business days in Germany) from order confirmation, provided the goods are in stock. If the goods are out of stock, the Buyer will be contacted separately by Matoga OG. The delivery time is subject to unforeseen obstacles such as force majeure, strikes, and other disruptions. In the event of delivery delays, the Buyer must grant a reasonable grace period without asserting claims for damages.
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If delivery is not possible, the contract does not come into effect, and any payment received will be refunded to the Buyer.
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§5 Payment Terms
Payment can be made in advance by credit card (e.g., Visa, Mastercard, etc.), PayPal, Apple Pay, instant transfer, or on invoice.
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For advance payment, orders must be paid immediately and in full (credit card, instant transfer, bank transfer, etc.) to the Seller's specified bank account. Available payment methods can be selected in the shopping cart. After clicking the "Order with Payment Obligation" button, the Buyer is redirected to the instant payment provider's page to enter the necessary payment details. After a successful transaction, the Buyer is redirected to the order overview page.
Once payment is received, Matoga OG sends a confirmation email and begins preparations for shipping the goods.
For invoice purchases, the purchase price is due within 10 calendar days after delivery. In case of late payment, interest of 5% for consumers and 8% for legal entities above the base interest rate will be charged. The assertion of higher default damages remains reserved.
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If a payment transaction fails due to incorrect information or other issues caused by the Buyer, Matoga OG is not responsible for non-fulfillment of the contract or delivery delays.
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§6 Shipping and Shipping Costs
Our sales prices include shipping costs within Austria. Shipping costs for Germany and other countries are separately displayed during the order process and must be covered by the Buyer. Other countries are only supplied if the additional costs (e.g., shipping, customs, etc.) are separately requested and covered by the Buyer.
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If the Buyer withdraws from the contract, they must cover the return shipping costs.
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Transport damages must be immediately reported to the carrier and the Seller must be informed.
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§7 Retention of Title
The ordered goods remain the property of Matoga OG until fully paid by the Buyer. If the Buyer fails to comply with the payment agreement, the Seller may withdraw from the contract. The Buyer is not entitled to pledge unpaid goods to third parties and must handle the goods with care until ownership is transferred.
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§8 Warranty
The statutory warranty periods apply from the date of product delivery.
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Defects must be reported to the Seller within 3 business days of receiving the goods, including a detailed description and photo documentation sent via email to kontakt@matoga.at or by mail to Margeritengasse 1/9, 2700 Wiener Neustadt, Austria.
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The Buyer must prove that the defects were present at the time of handover.
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The warranty does not cover improper handling of purchased goods.
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§9 Right of Withdrawal
The Buyer has the right to withdraw from the contract within 14 calendar days after receiving the goods. Matoga OG is entitled to charge a cancellation fee of 15% of the order amount. The withdrawal declaration must be made in writing via email or mail and include the Buyer’s name, address, date of purchase and delivery, and the order number.
The Buyer bears the cost and responsibility for returning the goods within 14 calendar days. Refunds are issued only after the goods are received and confirmed to be undamaged and complete. Once the undamaged goods have arrived, been checked for completeness, and confirmed, the refund of the costs will be processed minus a cancellation fee of 15%.
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§10 No Right of Withdrawal | Cancellation Fees
No withdrawal right exists for custom-made or personalized products according to §18 FAGG.
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If an order is canceled before execution, Matoga OG is entitled to charge a cancellation fee of 20% of the purchase price.
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§11 Liability
Claims for damages by the Buyer are excluded, except in cases of personal injury caused by gross negligence or intent.​
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§12 Copyright
Matoga OG holds all copyrights to the products and website content. Any reproduction, modification, or distribution requires written permission.​
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§13 Production-Related Deviations
The seller reserves the right for deviations in shape and color of the item compared to the advertised product in the online shop. For this reason, no defects can be claimed by the buyer.
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§14 Data Protection
For the smooth processing of orders, the personal data of the buyer is collected, processed, and used by Matoga OG. This data will not be passed on to third parties unless it is necessary for contract fulfillment (e.g., payment institutions for payment processing or parcel services for the delivery of the ordered goods). In the case of legal requirements, we are also obliged to disclose your data.
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Further information regarding data protection can be found on our website www.matoga.at.
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§15 Customer Service
For inquiries, complaints, or claims, please contact Matoga OG via email at kontakt@matoga.at.
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§16 Final Provisions
Should any provision of these terms be legally invalid, the validity of the remaining terms remains unaffected.
The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. Matoga OG is neither willing nor obligated to participate in dispute resolution procedures before consumer arbitration boards.
