Our General Terms of Business
1. Scope
All sales, supplies and services by MATESO GmbH are subject to the terms of business cited below Terms published by the purchaser differing from our terms of business are not valid even if we process orders without having first expressly rejected such terms.
2. Conclusion of the contract
The prices stated include value-added tax. With his online order, the customer is submitting a binding offer to purchase.
3. Guarantee
We offer a manufacturer's guarantee as is usual in the sector. Important. Please return to us a copy of the invoice and the original guarantee card (if supplied) in the event of a guarantee claim. It is otherwise not possible to process the claim.
4. Right of replacement
In the case of software products for which an activation key is sent by e-mail so that they may be used, the customer has no right of return. A return of the goods or cancellation is excluded as soon as the activation data has been sent by e-mail. You accept these terms with your order. Since a usage licence is a non-tangible good, it is not possible to return it. The European and German Distance Selling law (97/7/EC, or section 3 paragraph (3) of the German Distance Selling law) excludes products of this kind from the right of revocation. It is therefore not possible to take back the registration key supplied or to revoke the contract to buy.
In the case of goods supplied on mail order, the customer has up to two weeks after receipt of the goods to withdraw from the contract. Should the customer assert this right, he shall send the goods to the address stated in the General Terms of Business free of charge, properly packed and undamaged. The customer is obliged to pay compensation for the value of any degradation of the goods for which he is responsible. Please send us the invoice, if possible, so that it will be easier to cancel the purchase.
The right to revoke the contract is excluded in the case of
- the supply of goods prepared to the customer's specification or clearly customized to meet the personal needs of the consumer. This includes the Password Key USB key as this is branded with the customer's name.
- the supply of goods prepared to the customers' specifications or clearly customized to the personal needs of the customer or which are not suited for return by reason of their features or can rapidly deteriorate or for which the expiry date has passed.
- the supply of audio or video recordings or of software as soon as the data medium supplied has been unsealed by the consumer, and also the supply of newspapers, journals and magazines. In the case of downloaded software, the unsealing occurs when the activation data is sent.
Return address:
MATESO GmbH
Daimlerstr. 7
86368 Gersthofen
Germany
5. Place of supply and fulfilment
The place of fulfilment for our services is our company's registered office. The shipping costs may be found on our main page and relate to shipments within the Federal Republic of Germany. Shipments outside Germany are not possible. Although we will make every effort to deliver as quickly as possible, any statements as to delivery times are approximate and non-binding. Partial deliveries at our own discretion, depending on the delivery situation, unless otherwise noted by the orderer in the order.
6. Refusal to accept
We will charge a fee of 10 euros in the event of the refusal to accept our delivery without prior written cancellation of the order.
7. Terms of payment
As a matter of principle, dispatch on prior payment. The goods will be sent once payment is received in the case of advance payment. Prepayments made by you will be returned by us on request 4 weeks after receipt if we are not in a position to deliver the items ordered within a foreseeable delay because of supply difficulties.
8. Complaints and guarantees
The provisions of the law shall apply for complaints by merchants. Otherwise, complaints shall be submitted to us in writing within 14 days in the case of clear defects. No claims against the guarantee can otherwise be enforced. The guarantee is restricted to repair or the supply of a substitute. Should three attempts at repair or supply of a substitute fail, the party to the contract has the right to demand a reduction in price or an alternate supply at his option. Further claims by the purchaser, in particular claims for compensation including lost profits or for other losses incurred by the purchaser, are excluded. This shall not apply where the cause of the loss is malicious action or gross negligence or if the claims for compensation are based on the absence of a promised characteristic. Should examination of the faulty goods reveal that the defect may be traced back to actions for which the purchaser is responsible, we will inform the purchaser of this in writing. The purchaser shall then bear the costs if he insists on rectification. If no repair order is placed, the costs of troubleshooting and diagnosis will be billed to the purchaser. Our guarantee obligations and our guarantee promises as described in paragraph 3 are null and void if work, interventions and/or repairs are carried out by the purchaser or third parties without our written consent. In the case of software products, the relevant terms of the licence and licence models, which you accept with your order, shall apply.
9. Reservation of ownership
The goods supplied remain the property of MATESO GmbH, notwithstanding the expiry of the cancellation period, until payment in full of the purchase price.
10. Complaints and insurance
All goods dispatched by us are dispatched as an insured postal package. A complaint concerning damage to a shipment during transport or an incomplete shipment shall be made within 48 hours enclosing a written statement of evidence by the post office, as otherwise claim for replacement is invalidated.
11. Liability
Liability is restricted to losses caused by us or by our agents through negligence or malicious action. The restriction on liability shall apply to claims under the contract and claims outside the contract.
12. Legal venue
If the purchaser is a trader, legal entity, or public institution or has no general legal venue in Germany, Augsburg is the exclusive legal venue for all disputes arising from the contractual relationship. This provision shall also apply if his registered address is outside Germany.
13. Applicable law
The law of the Federal Republic of Germany excluding the Introductory Law to the German Civil Code (EGBGB) and the laws concerning the international purchase of movable assets shall apply to all legal relationships between the parties.
14. Severability clause
Should provisions of these General Terms of Business become void, the validity of the other provisions shall not be affected. Provisions coming closest in the legal sense to the desired purpose of the void provisions shall apply in their place. Note in accordance with section § 33 of the German Data Protection law: The personal data given to us will be stored.