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 Santenweg 4, 7052 Müllendorf, 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.
The exclusive place of jurisdiction is 7000 Eisenstadt, Austria. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
Children may only play under adult supervision.
§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.
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.
Valid contracts can only be concluded with persons who have reached the age of 18. By accepting the GTC, the Buyer confirms this.
The contract is concluded in German.
§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.
§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.
If delivery is not possible, the contract does not come into effect, and any payment received will be refunded to the Buyer.
§5 Payment Terms
Payment can be made in advance by credit card (for example: Visa, Mastercard, etc.), PayPal, Apple Pay, instant bank transfer, or by invoice.
In the case of advance payment, orders must be paid immediately and without deduction (credit card, instant transfer, bank transfer, etc.) to the bank account specified by the seller. During the ordering process, the available payment methods can be selected in the shopping cart. After clicking the “Order with obligation to pay” button, the buyer is redirected to the page of the instant payment provider to enter the relevant data required for a successful payment. After a successful transfer, the buyer is redirected back to the order overview page.
Once these steps have been completed, the buyer’s bank account or credit card will be charged with the invoice amount. Matoga OG uses the international SSL standard to encrypt credit card and personal data.
After receipt of payment in the case of advance payment has been confirmed, Matoga OG sends an email as confirmation and begins preparations for shipping the goods.
In the case of purchase on account, the purchase price must be paid within 10 calendar days after delivery. From the start of default, interest will be charged at a rate of 5% for consumers and 8% above the respective base interest rate for legal entities. The right to claim further damages caused by default remains reserved.
If a payment transaction cannot be carried out due to the fault of the buyer, for example due to incorrect information or other issues, Matoga OG is not responsible for non-fulfillment of the contract or delivery delays.
In the event of late payment, Matoga OG is entitled to charge the buyer for any incurred costs such as late fees, statutory default interest, collection fees, reminder fees, and legal costs. By clicking the “Order with obligation to pay” button, the buyer confirms their full legal capacity and assumes full responsibility for the complete payment of the goods.
§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.
If the Buyer withdraws from the contract, they must cover the return shipping costs.
Transport damages must be immediately reported to the carrier and the Seller must be informed.
§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.
§8 Warranty
The statutory warranty periods apply and begin upon delivery of the product.
If the buyer discovers defects in the product, these must be reported to the seller within 3 working days of receipt of the goods. The defects must be described in detail and accompanied by photo documentation, and sent to Matoga OG by email at kontakt@matoga.at or by post to Santenweg 4, 7052 Müllendorf (Austria).
The buyer must prove that the defects were already present at the time of delivery of the goods.
If this deadline is not met, the goods shall be deemed accepted and are therefore excluded from exchange. The buyer is not entitled to assert any claims for damages.
The warranty does not apply in cases of improper handling of the purchased goods.
§9 Right of Withdrawal
The buyer is entitled to withdraw from the contract within a period of 14 calendar days from receipt of the delivery. In this case, Matoga OG is entitled to charge a cancellation fee of 15% of the total order amount. The withdrawal does not require justification but must be submitted in writing to Matoga OG. This can be done either by email to kontakt@matoga.at or by post to Santenweg 4, 7052 Müllendorf (Austria). The withdrawal declaration must include the following information:
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Name of the buyer
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Address of the buyer
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Date (postmark in the case of a letter / date of sending the email)
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Date of purchase and date of delivery (when the goods were received)
The buyer is responsible for the proper return of the goods and for bearing the associated costs. The goods must be returned to the seller within 14 calendar days after the withdrawal. Shipments sent freight collect will not be accepted by Matoga OG.
As soon as the undamaged goods have been received, checked for completeness, and confirmed, a refund will be issued minus the 15% cancellation fee. If the goods show signs of use or if components are missing, Matoga OG is entitled to apply an additional reduction in value and make an appropriate deduction.
§10 Consequences of Withdrawal
If the buyer exercises their right of withdrawal within the prescribed period, the payment must be refunded by the seller. In return, the buyer must return the goods to the seller within 14 calendar days after the withdrawal, at their own cost and responsibility. The goods must not show any signs of use and must be complete.
The refund will be made using the same payment method that was used for the purchase of the goods. The refund will only be processed once the goods have been received by Matoga OG and their undamaged condition and completeness have been confirmed.
§11 No Right of Withdrawal | No Right of Cancellation | Cancellation Costs
The customer acknowledges that for products and services offered online by Matoga OG that are individually manufactured according to customer specifications or tailored to the personal needs of the customer, there is no right of withdrawal or cancellation pursuant to the Austrian Distance and Off-Premises Contracts Act (FAGG) (§18 FAGG).
A customer who is a consumer generally has the right, outside the statutory exceptions to the right of withdrawal or cancellation under the FAGG as amended, to withdraw from the contract within 14 days without stating any reasons.
The customer acknowledges that, in the case of distance contracts or contracts concluded outside of business premises, there is also no right of withdrawal or cancellation under the FAGG as amended if the entrepreneur has begun performing the service, based on an explicit request by the consumer, before the expiry of the withdrawal or cancellation period and has fully provided the service.
The customer confirms their awareness of the loss of the right of withdrawal or cancellation if the execution of the order or provision of the service has begun before the expiry of the withdrawal or cancellation period at the customer’s request.
Notwithstanding the above, in the event of a cancellation before the start of the execution of the order or the provision of the service, Matoga OG is in any case entitled to charge a cancellation processing fee of 20% of the sales price (including any selected data check) and to deduct this from the purchase price paid by the customer. The assertion of any further costs and claims by Matoga OG is expressly reserved.
§12 Liability
Claims for damages by the Buyer are excluded, except in cases of personal injury caused by gross negligence or intent.
§13 Copyright
Matoga OG holds all copyrights to the products offered in its online shop and on its website www.matoga.at. This includes images, fonts, photographs, texts, graphics, and illustrations. Therefore, no one is permitted to use this content for further processing, editing, reproduction, or translation unless expressly authorized in writing by Matoga OG. This prohibition of use also applies to the images and texts on the website www.matoga.at.
§14 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.
§15 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.
Further information regarding data protection can be found on our website www.matoga.at.
§16 Customer Service
For inquiries, complaints, or claims, please contact Matoga OG via email at kontakt@matoga.at.
§17 Final Provisions
If one or more provisions of these terms and conditions become legally ineffective or invalid, this shall not affect the validity of the remaining provisions.
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at the following website: https://ec.europa.eu/consumers/odr/. Matoga OG is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.