Terms and Conditions
The fine print
We warmly welcome you to “MAT-MASTER”, the company
Mat-Master Europe GmbH
Michael Gamper-Str. 2
A-9000 Lienz
Fn47728p
VAT ID no. ATU 30653209
(hereinafter referred to as MAT-MASTER). These are the general terms and conditions (hereinafter: “GTC”) of MAT-MASTER.
Right of withdrawal
Cancellation policy:
a) You have the right to cancel the order without giving a reason in writing, by letter, by fax, on another durable medium or by email within 2 weeks of receipt of the delivery. Exercising the right of withdrawal does not require any justification. If you only receive this cancellation policy after receipt of the delivery, then the cancellation period begins when you receive this cancellation policy. The revocation must be sent to the following address:
Mat-Master Europe GmbH
Michael Gamper-Straße 2
9900 Lienz
Telephone +43 (0) 4852 61 110
Fax +43 (0) 4852 61 110-10
email: This email address is being protected from spambots. You need JavaScript enabled to view it.
To meet the cancellation deadline, it is sufficient to send the cancellation letter or return the goods on time.
b) The goods must be returned to the following address: Mat-Master Europe GmbH, Michael Gamper-Str. 2, 9900 LIENZ / AUSTRIA
c) Excluded from the right of withdrawal are those contracts in which the goods are manufactured, in particular printed, at the special request of the customer. The statutory warranty rights remain unaffected.
d) The purchaser must pay the value of the goods when the item is used. Any reduction in value resulting from the intended use of the goods shall not be taken into account.
e) In the event of a justified revocation, we will refund the purchase price if it has already been paid.
1.Scope
1.1 As part of the ongoing business relationships with MAT-MASTER, the following general terms and conditions apply in the version valid at the time of the order.
1.2 The purchaser's general terms and conditions are hereby expressly contradicted. Deviations from these terms and conditions are only effective if confirmed by us in writing. If written form has been agreed, the change to the written form also requires the written form. No verbal agreements were made.
1.3 Consumers within the meaning of our general terms and conditions are of course people who conclude legal transactions for purposes that cannot be attributed to their commercial or independent professional activity .
1.4 Entrepreneurs within the meaning of our general terms and conditions are legal and natural persons who, when concluding the transaction, of a legal transaction in the exercise of their professional or self-employed activity.
2. Offer, conclusion and invoicing
2.1 At MAT-MASTER, the customer can request offers or order goods online around the clock, even on weekends. Our offers are always non-binding, i.e. they should only be understood as an invitation to submit an offer. The contract is concluded when the order placed by the customer - usually in writing via e-mail - has been confirmed by MAT-MASTER by means of an order confirmation (e-mail). The content of our order confirmation is binding. The written order confirmation is decisive for the scope of delivery.2.2 Obvious errors, spelling. Printing and calculation errors are not binding for us. Should the MAT-MASTER website or the order confirmation nevertheless contain a non-obvious error, such as a typographical or arithmetic error, we reserve the right to subsequently calculate the correct price. In this case, we grant the customer an immediate right of withdrawal if he does not agree with the new price, provided that the goods delivered are not an item manufactured at the customer's special request. The purchaser's rights under the Distance Selling Act remain unaffected.
2.3 Unless otherwise agreed, samples and patterns are considered approximate examples of quality, dimensions and colors.
2.4 The customer is invoiced by post or email.
3. Shipping, transfer of risk, packaging:
3.1 The shipping route and means are at our discretion. Packaging is not carried out by position, but exclusively according to transport, production and environmental aspects. The larger measure always determines of the unit the packaging length.
3.2 Reusable packaging will only be made available to the customer on loan. The purchaser must notify us in writing of the return of the packaging units within three weeks and provide the packaging. If this is not done, we are entitled to retroactively demand a rental fee or to invoice the value of the packaging, which becomes due for payment immediately upon receipt. The following regulations under points 3.3 up to and including 3.6 also apply to entrepreneurs.
3.3 Our deliveries are made ex warehouse or ex works. When the goods are handed over to the carrier - regardless of whether he is commissioned by the customer, the manufacturer or us - the risk passes to the customer. This also applies to partial and franked deliveries. For deliveries using our vehicles, the risk passes to the customer as soon as the goods are made available at the location specified by him.
3.4 If shipping is delayed due to the purchaser's request or fault, the goods will be stored at the purchaser's expense and risk. In this case, the notification of readiness for dispatch is equivalent to dispatch. The goods invoice becomes due immediately upon storage.
3.5 If the transport is carried out with your own vehicle or with third-party vehicles, the goods are deemed to have been handed over at the latest as soon as they are handed over to the recipient before the Delivery point on paved road and on the wagon is available. If, in the opinion of the supplier, the access is not passable, the handover will take place where it is guaranteed that the vehicle can drive on and off properly.
3.6 If, in deviation from the contractual agreements, the purchaser requests assistance with unloading (including unloading device), further transport or insertion, this effort will be invoiced additionally. However, participation in this work does not mean the assumption of any additional liability or risk.
4. Delivery times and delays
4.1 Unless there is a written commitment from us that is expressly designated as binding or a verbal commitment from the management or from us as unlimited authorized persons, a delivery deadline applies only as approximately agreed. It begins on the day on which all technical and other details of the order are clarified, any necessary documents are provided and, if applicable, the agreed down payment. It is extended by the period in which the purchaser is in default with his contractual obligations - within an ongoing business relationship, including from other contracts.
4.2 An execution or delivery period is extended appropriately - even within a delay - in the event of force majeure and all unforeseen obstacles that arise after the conclusion of the contract for which we are not responsible (in particular operational disruptions, strikes, lockouts or disruption of traffic routes), insofar as such obstacles can be proven to have a significant influence on the intended execution or delivery. This also applies if these circumstances occur with our upstream suppliers, suppliers or subcontractors. We will inform the purchaser of the beginning and end of such obstacles as soon as possible. The customer can request a declaration from us as to whether we want to withdraw or deliver within a reasonable period of time. If we do not declare ourselves immediately, the customer can withdraw. Claims for damages are excluded in these cases.
4.3 We are under no circumstances responsible for delayed or non-existent deliveries (impossibility) due to the fault of our upstream suppliers. However, we undertake to assign any claims for compensation against the upstream supplier to the purchaser.
4.4 If, after the contract has been concluded, we become aware of facts, in particular late payments with regard to previous deliveries, which are in accordance with dutiful commercial law. If it can be concluded that there has been a significant deterioration in assets, we are entitled to refuse to provide the service owed to us until consideration has been provided or appropriate security has been provided for the service to be provided by us. If we are obliged to provide advance payment, we may be required to provide appropriate security for the service to be provided by us. In this case, we can determine a reasonable period of time within which our contractual partner must, at his discretion, provide consideration or provide appropriate security. After the deadline set by us has expired, we are entitled to withdraw from the contract. In this case, partial deliveries made by us are due for payment immediately.
4.5 Partial services and partial deliveries are permitted to a reasonable extent. We can demand advance payments to an appropriate extent.
4.6 If the customer does not accept the delivered goods, MAT-MASTER has the right to withdraw from the contract or to demand compensation for non-performance after a grace period has expired without result.
4.7 Even in cases of insignificant defects, the delivered goods must be accepted by the purchaser without prejudice to his warranty rights.
5. Data protection
5.1 Further information about our data protection regulations can be found here.
6. Prices/due date/payment/offsetting
6.1 The prices are in EURO plus packaging, freight and other shipping costs, as well as the applicable VAT rates.
6.2 Discounts, discounts, etc. require express agreement.
6.3 In our price calculations, we assume that the items on which the offer is based remain unchanged, that any necessary preparatory work has already been completed and that we provide our services in one go - without hindrance.
6.4 We are entitled to demand advance payments if our service is delayed beyond the agreed period through no fault of our own.
6.5 All payments (particularly the purchase price) are due at the latest when the goods are handed over and must be paid immediately. All payments are always used to settle the oldest debt items due plus any interest accrued thereon. Discounts are only granted if there is an express contractual agreement.
6.6 The agreement on a later due date or deferral of the purchase price must be agreed in writing.
6.7 Payments using the so-called check-bill procedure always require a special written agreement. Credits for bills of exchange and checks are made less expenses with the value date on the day on which we can dispose of the equivalent value.
6.8 Regardless of the term of any bills of exchange accepted and credited, our claims become due immediately if the terms of payment are not met or if facts become known that indicate a significant deterioration in the purchaser's assets . In the latter case, we are entitled to make further deliveries dependent on an advance payment or the provision of appropriate securities. We are also entitled to revoke discounts - even if they are not clearly stated on the invoice - and other benefits.
6.9 If the purchaser defaults on payment or does not honor a bill of exchange when it is due, we are entitled to take back the goods and, if necessary, to enter the purchaser's premises and return the goods to take away. We can also prohibit the further sale or removal of the delivered goods. Unless the Consumer Credit Act applies, the withdrawal is not a withdrawal from the contract.
6.10 Offsetting against our claims is only permitted with undisputed or legally established counterclaims. A right of retention from previous or other transactions in the current business relationship cannot be asserted. Unilateral invoice deductions for the disposal of packaging material, especially transport packaging, are not permitted.
6.11 MAT-MASTER is not obliged to make more than three delivery attempts. The resulting additional costs must be borne by the purchaser. If the customer is an entrepreneur, the following also applies:
6.12An entrepreneur will be in default at the latest if he does not make payment within 30 days of receipt of the invoice or other payment request. If the time of receipt of the invoice or payment is uncertain, the 30-day period begins after the due date upon receipt of the service. If the customer is a consumer, the following also applies:
6.13 If the customer is a consumer, he is expressly advised that the purchase price is due immediately upon receipt of the invoice. The customer will be in default at the latest if he does not make payment within 30 days of receipt of the invoice. Regardless of receipt of the invoice, the 30-day period begins with receipt of the goods.
7. Retention of title
7.1 We reserve ownership of the goods until the purchase price has been paid in full. For goods that the customer purchases from us as part of his commercial activities, we reserve title until all of our claims arising from the business relationship, including those arising in the future, have been settled claims - including from contracts concluded at the same time or later - have been paid. This also applies if individual or all claims have been included by us in a current invoice and the balance has been drawn and recognized.
7.2 If we establish alternating liability in connection with the payment of the purchase price by the purchaser, the retention of title does not expire until the payment has been redeemed Bill of exchange by the purchaser as drawee.
7.3 The purchaser must inform us immediately about any access by third parties to the reserved goods and the assigned claims. He may only sell the reserved goods in the ordinary course of business under his normal terms and conditions and as long as he is not in default, provided that the claims from the resale are in accordance with Section 7.4 of our General Terms and Conditions pass to us. He is not entitled to make any other dispositions regarding the reserved goods.
7.4 The customer transfers the claims from the resale of the reserved goods to us.
7.5 If the reserved goods are sold by the purchaser together with other goods not delivered by us, the claim from the resale will be in proportion to the invoice value of our goods sold to the other goods sold Goods assigned.
7.6 The purchaser is entitled to collect claims from the resale unless we revoke the collection authorization. At our request, he is obliged to inform his customers immediately of the assignment to us - unless we do this ourselves - and to provide us with the information and documents necessary for collection (e.g. names and addresses of his debtors). Under no circumstances is the purchaser entitled to further assign the claim (e.g. to banks).
7.7 The customer is only permitted to assign the goods by way of genuine factoring on the condition that we are notified of this by disclosing the factoring bank and the customer's accounts maintained there and the factoring proceeds exceed the value of our secured claim. Once the factoring proceeds are credited, our claim becomes due immediately.
7.8 At the request of the customer, we undertake to release the securities to which we are entitled at our discretion to the extent that their realizable value exceeds the claims to be secured by 20 percent.< /p>
8. Warranty / Complaint
We are liable for defects as follows:
8.1 The customer is solely liable if the execution of his order infringes the rights, in particular copyrights, of third parties . The purchaser must indemnify MAT-MASTER from all third-party claims due to such an infringement. MAT-MASTER can at any time request proof of the authorization to use third-party name rights or copyrights from the customer.
8.2 The customer may not violate legal prohibitions, common decency and the rights of third parties (naming rights, copyrights, data protection rights) with the form, content or intended purpose of his desired imprints etc.) violated. In particular, the customer undertakes not to order any pornographic, violent or hateful content as text, not to call for criminal offenses or to provide instructions for doing so.
8.3 The violation of the form, content or purpose pursued, the imprints desired by the customer, against legal prohibitions, the good customs and rights of third parties (name, Copyright, data protection rights, etc.), this does not represent a material or legal defect for which MAT-MASTER is responsible. There are no claims for material defects as a result of such a fact.
8.4 Obvious, especially visible defects in the delivered goods, including transport damage, must be reported immediately upon delivery, but no later than 1 week after receipt Complaints must be made in writing with a detailed description. If the replacement delivery fails, the purchaser can, at his discretion, request a reduction in the purchase price or reversal of the contract (cancellation). In the event of a conversion, the goods must be returned in full. In this case, the return shipping costs will be reimbursed by MAT-MASTER.
8.5 In the event of transport damage, the goods must be left in the condition in which they were when the damage was discovered. Is the following also applies to the ordering entrepreneur:
8.6 We are only responsible to companies for such public statements, particularly in advertising, that were initiated by us . In such cases of public statements made by us, the liability obligation only exists if the advertising actually influenced the purchase decision of the commercial customer.
8.7 In the event of justified complaints, we are entitled to determine the type of subsequent performance (replacement delivery or repair), taking into account the type of defect and the legitimate interest of the customer .
9. Claims for damages
Claims for damages and reimbursement of expenses by the purchaser (hereinafter referred to as claims for damages), regardless of the legal basis, in particular due to the breach of obligations arising from a contractual relationship or from unlawful acts, are excluded. This does not apply in the case of the assumption of a guarantee or a procurement risk, in the event of liability based on the product liability law, in the event of injury to life, body or health of a person in the event of gross negligence or the violation of essential principles Contractual obligations. The claim for damages for the violation of essential contractual obligations is limited to compensation for the foreseeable damage that is typical for the contract, provided that this was not caused by gross negligence or an injury to life, body or health of a person. This does not involve a change in the burden of proof to the detriment of the purchaser.
10. Assignment
The assignment of claims that the customer has against us from the business relationship is excluded.
11. Place of performance, place of jurisdiction, applicable law
11.1 In the event that the purchaser does not have a domicile or usual place of residence in Germany when the lawsuit is filed or these are not known to MAT-MASTER and/or the purchaser is a merchant, a public -legal special fund or a legal entity under public law, Lienz is agreed as the place of jurisdiction. This applies to all disputes arising from the contractual relationship.
11.2 However, we are entitled to sue the plaintiff at his place of jurisdiction.
11.3 If the customer is an entrepreneur, the contract including these General Terms and Conditions is subject to the substantive law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods and international law.
11.4 If the customer is a consumer, the contract including these General Terms and Conditions is subject to the law of the country in which the consumer has his or her usual residence.