Terms of service

Terms of Service

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Alternative Dispute Resolution

1. Scope of Application

1.1

These Terms of Service (hereinafter the “Terms”) of Matside Sp. z o.o. (hereinafter the “Seller”) apply to all contracts for the delivery of goods that a consumer or business customer (hereinafter the “Customer”) concludes with the Seller with regard to the goods presented in the Seller’s online store. The inclusion of the Customer’s own terms and conditions is hereby excluded unless otherwise agreed.

1.2

A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or independent professional activity.

1.3

A business customer within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or independent professional activity.

2. Conclusion of Contract

2.1

The product descriptions contained in the Seller’s online store do not constitute binding offers by the Seller, but serve as an invitation for the Customer to submit a binding offer.

2.2

The Customer may submit the offer via the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that completes the order process.

2.3

The 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 (e.g. by e-mail), insofar as receipt of the order confirmation by the Customer is decisive; or

  • by delivering the ordered goods to the Customer, insofar as receipt of the goods by the Customer is decisive; or

  • by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives first occurs. The acceptance period begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following submission of the offer. If the Seller does not accept the Customer’s offer within this 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.

2.4

When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. by e-mail) after the order has been submitted. The Seller does not make the contract text available beyond this. If the Customer has created a user account in the Seller’s online store before submitting the order, the order data is archived on the Seller’s website and may be accessed by the Customer free of charge via their password-protected user account using the corresponding login credentials.

2.5

Before submitting a binding order via the Seller’s online order form, the Customer may identify possible input errors by carefully reviewing the information displayed on the screen. A useful technical means of better recognizing input errors may be the zoom function of the browser, by means of which the display on the screen can be enlarged. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until they click the button completing the order process.

2.6

The contract may be concluded in English.

2.7

Order processing and communication generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, if the Customer uses spam filters, they must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3. Right of Withdrawal

3.1

Consumers are generally entitled to a right of withdrawal.

3.2

Further information on the right of withdrawal can be found in the Seller’s Withdrawal Notice.

4. Prices and Payment Terms

4.1

Unless otherwise stated in the Seller’s product description, the prices indicated are total prices and include statutory value added tax. Any additional delivery and shipping costs will be stated separately in the relevant product description.

4.2

The available payment method(s) are communicated to the Customer in the Seller’s online store.

4.3

If a payment method offered via Shopify Payments is selected, payment processing is carried out through the payment infrastructure of the Seller’s online store. The individual payment methods available via Shopify Payments are displayed to the Customer during the checkout process. Further information on Shopify Payments is available at:

https://www.shopify.com/legal/terms-payments

4.4

If a payment method offered via PayPal is selected, payment processing is carried out by PayPal. The individual terms and conditions of PayPal apply in addition, as presented to the Customer during the checkout process.

4.5

If a payment method offered via Klarna is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Further information and Klarna’s terms are made available to the Customer during the checkout process and, where applicable, on the payment information page of the store.

5. Delivery and Shipping Conditions

5.1

If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the order process is decisive.

5.2

If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the original shipment if the Customer effectively exercises their right of withdrawal. For return shipping costs in the event of an effective withdrawal, the rule set out in the Seller’s Withdrawal Notice shall apply.

5.3

If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the Customer or to a person authorized to receive them. Notwithstanding the above, the risk shall also pass to the Customer in the case of consumers as soon as the Seller has handed over the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned that party with the shipment and the Seller has not previously named that party to the Customer.

5.4

Collection by the Customer is not possible for logistical reasons.

6. Retention of Title

If the Seller performs in advance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7. Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions governing liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1

If the Customer acts as a business customer:

  • the Seller has the right to choose the type of subsequent performance;

  • in the case of new goods, the limitation period for defect claims is one year from delivery of the goods;

  • in the case of used goods, defect claims are excluded;

  • the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2

The above limitations of liability and reductions of limitation periods do not apply:

  • to claims for damages and reimbursement of expenses by the Customer;

  • in the event that the Seller has fraudulently concealed the defect;

  • to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness;

  • to any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3

In addition, for business customers, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4

If the Customer acts as a consumer, they are requested to report any obvious transport damage to the carrier and to inform the Seller accordingly. Failure to do so shall have no effect whatsoever on the Customer’s statutory or contractual claims for defects.

8. Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.