Terms and Conditions

1) SCOPE OF APPLICATION

1.1 These General Terms and Conditions (hereinafter "GTC") of Matchary UG (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4 The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs and on the Seller's websites do not have the character of an assurance or guarantee. All offers are valid "while stocks last", unless otherwise noted with the products. Errors and omissions excepted.

2) CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 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. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins to run on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal user terms and conditions, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 If an offer is submitted via the Seller's online order form, the contract text will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The German language is exclusively available for the conclusion of the contract.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer 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 generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) PRICES AND PAYMENT CONDITIONS

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 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 money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to money transfer 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.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it makes advance payment to the Customer (e.g. purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider specifically named by PayPal and commissioned by PayPal. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints and declarations of withdrawal.

4.5 If the payment method "SOFORT" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account enabled for participation in "SOFORT", legitimate themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. Further information on the payment method "SOFORT" can be found by the Customer on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may use further payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Their General Terms and Conditions also apply here.

5) DELIVERY AND SHIPPING CONDITIONS

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 For goods delivered by freight forwarding, delivery is made "curbside", i.e. to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 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 to the costs of sending if the Customer effectively exercises their right of withdrawal. For return costs, if the Customer effectively exercises their right of withdrawal, the provision made in the Seller's cancellation policy applies.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise 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 only passes to the Customer upon delivery of the goods to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not attributable to the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be reimbursed immediately.

5.6 Self-collection is not possible for logistical reasons.

6) RETENTION OF TITLE

If the Seller makes advance payment, it retains title to the delivered goods until full payment of the purchase price owed.

7) LIABILITY FOR DEFECTS (WARRANTY)

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

7.2 If the Customer acts as an entrepreneur, the Seller has the choice of the type of supplementary performance; the limitation period for defects for new goods is one year from delivery of the goods; rights and claims due to defects are excluded for used goods; the limitation period does not recommence if a replacement delivery is made in the context of liability for defects.

7.3 The liability limitations and shortening of deadlines regulated above 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, for goods that have been used for a building in accordance with their usual use and have caused its defectiveness, for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing right of recourse remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty of inspection and notification of defects according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. Failure to do so has no effect on their statutory or contractual claims for defects.) APPLICABLE LAW For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

8) APPLICABLE LAW

For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

9) JURISDICTION

If the Customer acts as a merchant, a 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 registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office 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. In the aforementioned cases, however, the Seller is in any case entitled to appeal to the court at the Customer's registered office.

10) ALTERNATIVE DISPUTE RESOLUTION

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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