These General Terms and Conditions (GTC) apply to all contracts concluded between Matplus GmbH (hereinafter referred to as "Seller") and a customer (hereinafter referred to as "Customer") regarding the goods and/or services presented in the Seller's online shop.
The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.
The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.
The Seller can accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or by requesting payment from the Customer after the Customer has placed the order.
Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value added tax. Any additional delivery and shipping costs are indicated separately in the respective product description.
For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
Payment can be made using one of the methods mentioned during the ordering process.
The delivery of goods is made by shipping to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
If the 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 for the outward shipment if the Customer effectively exercises his right of withdrawal. If the Customer effectively exercises the right of withdrawal, the regulation made in the Seller's withdrawal policy applies to the return costs.
Consumers generally have a right of withdrawal. Further information about the right of withdrawal can be found in the Seller's withdrawal policy.
For contracts for the supply of digital content (e.g. download or online access) not supplied on a tangible medium, the Customer expressly agrees by clicking "Place order" that the execution of the contract will begin before the end of the withdrawal period and acknowledges that by giving this consent he will lose his right of withdrawal once performance of the contract has begun.
Digital products (including PDF documents) purchased from the Seller are licensed for personal or internal business use only. The Customer is expressly prohibited from reselling, redistributing, sharing, or otherwise making the purchased digital content available to third parties. This applies regardless of whether such distribution is for commercial gain or free of charge.
The statutory provisions apply to the warranty. The limitation period for claims for defects is two years from delivery of the goods for consumers.
If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the following additional provisions apply: The Seller's warranty is limited to defects that can be proven to have been present at the time of the transfer of risk. The Seller is not liable for defects that arise as a result of natural wear and tear, incorrect or negligent handling.
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
If the Customer is a merchant, legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity.
For questions regarding our Terms and Conditions, please contact:
Matplus GmbH
Hofaue 55
D-42103 Wuppertal/Germany
Tel. +49 (0)202 29 78 97 80
E-Mail: contact@matplus.eu