General Terms & Conditions
GENERAL TERMS AND CONDITIONS OF E.A. Mattes GmbH FOR ONLINE ORDERS FROM END CONSUMERS FROM OUR ONLINE SHOP
Table of Contents
- Order Process, Contract and Quantity Restrictions
- Registration of your Customer Data
- Prices, Shipping Terms
- Delivery, Notification of Defects
- Payment Methods, Transfer of Risk, Reservation of Ownership
- Right of Cancellation, Notification
- Image Rights
- Guarantee Rights
- Promotional Vouchers
- Gift Vouchers
- Offsetting/Retention Rights
- Intellectual and Commercial Property Rights
- Applicable Law
- Amendments/Additions to these T&Cs
- Salvatory Clause
These General Terms and Conditions (“T&Cs”) apply to all orders and deliveries on our part made via our online shop www.mattes-reitsport.com.
Please read these terms carefully before you place an order with us. By submitting an order to us, you agree to the application of these terms and conditions to your order.
Note for end consumers: Please see these T&Cs regarding cancellation instructions and information on the return of goods in the event of cancellation.
1.1 Your contract partner for all orders placed via the aforementioned online shop is:
E. A. Mattes GmbH
78570 Mühlheim an der Donau
Managing Directors: Peter Mattes, Elke Jordan-Mattes
(hereinafter referred to as "MATTES")
1.2 The domain www.mattes-reitsport.com is operated by MATTES.
1.3 Business transactions and deliveries in conjunction with our online shop are carried out exclusively on the basis of these T&Cs. Any contradictory or differing general terms and conditions shall not apply. The processing of personal data is governed by a special data privacy statement that can be downloaded here.
(1) "Customers" in the sense of these T&Cs are consumers and businesses.
(2) "Consumers" in the sense of these T&Cs are natural persons of adult age who purchase our products for their own use.
(3) "Businesses" in the sense of these T&Cs are natural or legal entities or partnerships with legal capacity which purchase our products for commercial, independent or freelance purposes and for their own use and not for the purpose of resale.
1.5 Legal information on alternative dispute resolution
The EU Commission has provided a platform for out of court dispute settlement, to make it possible for consumers to resolve disputes arising from their online orders, initially without the involvement of the courts. This platform is available via this external link: www.ec.europa.eu/consumers/odr We will always make every effort to resolve any differences of opinion with our end consumer customers amicably and out of court, but we are not, however, legally obliged to participate in any settlement process and cannot therefore offer you participation in any such process. We will always seek to resolve any differences of opinion arising from the services we provide amicably and out of court. We are not, however, legally obliged to participate in any settlement process and cannot therefore offer you participation in any such process.
2. Order Process, Contract and Quantity Restrictions
2.1 Click on the products or similar descriptions offered in our online shop to see the relevant product details. Choose the desired number and click on the shopping cart symbol to add the product to your virtual shopping cart. Click on the shopping cart symbol on our website at any time to check that the goods you have selected meet your requirements, with the option to make any necessary changes. Once you have completed your shopping, click on the “Checkout” button. You will have the opportunity to place your order either as a registered customer or a guest. As the penultimate step in your online purchase, you will see an overview in the form of a summary, showing the corresponding purchase prices (including VAT) and information on delivery services and costs. Click on the “Buy” button to complete your order. This is a legally binding agreement.
2.2 Your online order via our online shop represents an offer to us to conclude a purchase agreement. Once you have placed an order, we will send you an email to confirm receipt and the content of your order in the form of an order confirmation. This is only confirmation that we have received your order, it is not acceptance of your offer. We do not store the order text and once the order process is completed, it cannot be retrieved. However, you can print your order details directly after sending your order. You can view your current orders in your customer account.
2.3 A purchase agreement is only created when the ordered goods are dispatched and you receive a dispatch confirmation from us by email. Goods are only sold in the quantities customary for end consumers.
3. Registration of your Customer Data
3.1 By registering and agreeing to these T&Cs, the data privacy statement available to view and download from https://shop.mattes-equestrian.com/legal-and-data-protection-information/ and the possibility of a credit check, you can set up a customer account with MATTES. To do this, you must be over 18. There is no legal right to a customer account.
3.2 You must ensure that your registration information is always kept up to date and updated to reflect significant changes (e.g. change of address, marriage, etc.). You are responsible for the accuracy and completeness of the information entered when you register; and you must keep your personal access details confidential and ensure that they are not used to allow unauthorised access by third parties.
3.3 When you register, please tell us your name and address and set a password. Your password should be kept secret and must be sufficiently complex. You will receive confirmation of registration as soon as you send the message.
3.4 Your customer account is not transferrable and is intended for your personal use of our online shop for your own, non-commercial purposes. You do not have the right to operate several customer accounts simultaneously; we reserve the right to delete any such multiple accounts and to expressly ban customers who violate this rule, or to terminate our business relationship with them or to delete or alter content. Furthermore, such customers may not re-register after the customer account has been terminated by MATTES.
3.5 We are not legally obliged to accept a registration or an order from a registered customer, or to ensure that our range is available at all times. Orders already confirmed remain unaffected.
3.6 You have the opportunity to submit ratings and customer reviews for the products you have purchased. Your customer review will be shown on the actual product and will include your first name, your city and the date on which you submitted the review. Your email address will not be displayed. You have sole responsibility for any content that you enter. Content created by you must not violate third party rights or legal provisions. The publication of links in your comments is not permitted. You do not have any claim to have the content you have created saved or published, and there is similarly no editorial control or checking of the customer reviews you submit. You may not interfere with the website or use it beyond the internal purposes specified on the platform. Any violation of this rule with the intention of obtaining an unauthorised commercial or other advantage may result in negative legal consequences in addition to the loss of your member’s account and withdrawal of authorisation to use the website.
3.8 You do not have the right to operate several customer accounts simultaneously. We reserve the right to delete any such multiple accounts and to warn or terminate customers who violate this rule or to delete or amend content.
3.9 You can use your password-protected customer account to view your orders and the status of your current orders, and to manage your address data, payment information and newsletter settings.
4. Prices, Shipping Terms
4.1 All our prices include VAT at the current statutory rate applicable in Germany and other price components and exclude any shipping costs. For deliveries outside Germany, different pricing terms may apply which we will notify to our customers on an individual basis if we confirm the corresponding order.
4.2 Our minimum order value for delivery is EUR 10.00 (excluding shipping costs). Shipping within Germany is free for orders over € 100.00. For orders under € 100.00, a flat rate shipping charge of € 5.50 is payable for each order. If we choose to ship your order in several parts, there will be no additional cost to the customer.
5. Delivery, Notification of Defects
5.1 Unless stated otherwise, the delivery time for our items is 2 to 5 days. If the goods ordered are not available in certain cases, or if there are unexpected shipping delays, we will inform you immediately by email and will suggest an alternative comparable product. If an alternative is not available or if you do not want to receive an alternative product, we will immediately refund any payments already made.
5.2 Deliveries outside Germany can only be made to end consumers; no duty is payable within the European Union. For deliveries to third party countries, including Switzerland, you are responsible for the payment of any duty, tax and other charges yourself.
5.3 Goods will be shipped using a parcel service, shipper or forwarding agent of our choice, at the shipping cost specified in our order confirmation and notified to you before any legally binding order is placed.
5.4 Please notify us or the person who delivered the goods to you immediately of any obvious material defects - or other evident faults and defects, including any transport damage visible on delivery. Failure to do so, however, will not have any consequences for your statutory claims. For any defects that occur during the statutory guarantee period, you may, at your discretion, submit a statutory claim to us for retrospective fulfilment, rectification of defects/replacement and - insofar as the statutory conditions for this are met - also compensation, including for damage instead of fulfilment and reimbursement of your wasted expenses. If we offer a seller's guarantee on the goods supplied to you, please see the guarantee terms enclosed with the goods in question for details. Any such guarantee claims are independent of legal claims and rights on your part. To ensure the best possible fulfilment of your order, we will send the delivery agent your email address and your telephone number if you provided it. The transmission of this information is an essential part of your contractual relationship with us and we would like to make you aware that there is no choice or right to withdraw on your part.
6. Payment Methods, Transfer of Risk, Reservation of Ownership
6.1 For each order, you have a range of payment options including payment with order as well as payment by credit card (Visa/ Mastercard/Amex), direct debit and PayPal. You can choose how you would like to pay each time you place an order. If you use the payment system provided by an external service provider such as PayPal, you must comply with their general terms and conditions. We reserve the right to only accept certain methods of payment, irrespective of the delivery method you have selected. We cannot accept payment by cash or cheque.
6.2 Payment by bank transfer / direct debit is only possible for customers with accounts held with German banks. Your account will be charged within one day of the dispatch of the goods you have ordered. The deadline for prenotification is hereby reduced to one day. If we incur bank charges, we reserve the right to pass these on to you, especially in the case of chargebacks due to insufficient funds or if you do not provide the correct bank details. For payments by credit card, the corresponding charge will be made within one week of dispatch of the order; advance payment on ordering must be made by transfer of the corresponding invoice total to a bank account specified by us in our service email within seven days of receipt of the payment information.
6.3 If you fall into arrears with your payments, consumers will be charged late payment interest of five percent over the base rate set by the European Central Bank, or eight percent over the aforementioned base rate for commercial clients. We reserve the right to demand higher compensation for delayed payments on production of evidence.
6.4 If you order goods from us as a consumer, the risk of accidental loss and accidental deterioration of the goods passes to you or the recipient specified by you on delivery of the goods, irrespective of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods is transferred to you, for mail order goods, on handover to the carrier or other person or service provider responsible for delivery of the consignment.
6.5 All goods ordered from us by you and delivered to you by us remain our sole property until payment is received in full.
7. Right of Cancellation, Notification
7.1 If you have ordered the goods from us as a consumer in the sense of the definition provided in these T&Cs at section 1.4 (2) above, you have a fourteen day cancellation period. The following regulations on the right of revocation and the exclusion thereof then apply. If you have any further questions regarding cancellation of your order, please contact our Customer Services team on email@example.com or by telephone on +49 (0)7463/993060.
Right of Cancellation
You have the right to cancel this contract within fourteen days without giving a reason. This period begins on the date on which you or your nominated third party, who is not the carrier, receives or received the goods into your/their possession. Th cancellation period is fourteen days from the date on which you or your nominated third party, who is not the carrier, receives or received the last item into your/their possession.
In order to exercise your right to cancellation you must inform us (E. A. Mattes GmbH, Birkenweg 2, 78570 Mühlheim an der Donau, Germany, Telephone: +49 7463 993060, Email: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post or email) of your intention to cancel this contract. You may use the cancellation form template attached to these T&Cs for this purpose, although you do not have to.
To comply with the cancellation period, it is sufficient for you to have sent us notification of your intention to exercise your right to cancellation before the end of the period.
Consequences of Cancellation
If you cancel this contract within the deadline, we will refund all payments that we have received from you, including delivery costs (but excluding the additional costs resulting from your choice of a delivery method other than the less expensive standard delivery that we offered) immediately and no later than fourteen days after the date on which we receive your notification that you wish to cancel this contract. We will use the same payment method for the refund that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We may delay the refund until we receive the goods back or until you provide us with proof that you have sent the goods back to us, whichever is the sooner.
You must return the goods to us immediately, and in any case no later than fourteen days after the date on which you advised us of your cancellation of this contract (E. A. Mattes GmbH, Birkenweg 2, 78570 Mühlheim an der Donau, Germany, Telephone: +49 7463 993060, Email: email@example.com) This deadline is guaranteed if you return the goods before the end of the fourteen day period.
We will cover the cost of returning the goods. You will only have to pay for any loss of value if this loss of value is the result of handling of the goods beyond what is necessary for checking the quality, properties and function of the goods.
End of cancellation instructions
7.2 Exclusion of Right of Cancellation
The right to cancellation does not apply to the supply of goods
- which are not pre-manufactured and for which an individual choice or specification by the consumer determines their manufacture or which are clearly customised to meet the personal needs of the consumer, nor to the supply of goods with a short shelf-life or for which the expiry date will soon pass,
- those goods which cannot be returned for health or hygiene reasons, if the seal has been removed after delivery,
- if these were inseparably mixed with other goods after delivery, due to their nature.
8. Image Rights
All image rights are owned by us or our partners and / or our associated companies.
9. Guarantee Rights
Statutory guarantee rights apply to all goods from our online shop. If the goods supplied by us are defective, you may assert the rights specified in section 5.4 of these online T&Cs within the framework of the statutory provisions.
10. Promotional Vouchers
Promotional vouchers are vouchers that we may issue as part of an advertising campaign and which are valid for a limited period. They are only valid for the period specified on them. We may exclude specific brands or items from the voucher promotion. Promotional vouchers can only be redeemed once during the order process. The value of the goods must be at least the value of the promotional voucher. For administrative reasons, we are unable to reimburse any remaining credit. You may only redeem a promotional voucher before completion of the order process. It is not possible to redeem it subsequently. There is no cash payment of the value of a promotional value, and it does not accrue interest. If the value of a promotional voucher is insufficient to cover the order, the difference can be paid using one of the payment methods offered. The promotional voucher will not be refunded if the goods are returned, either in full or in part, if the promotional voucher was issued as part of an advertising promotion and no reciprocal service has been provided. Promotional vouchers are non-transferable. Furthermore, you may not combine multiple promotional vouchers.
11. Gift vouchers
Gift vouchers are vouchers that can be purchased from us. Gift vouchers may be redeemed against the purchase of items from the online shop at www.mattes-reitsport.com. Gift vouchers may not be used to purchase further gift vouchers. There is no cash payment of the value of a gift voucher, and it does not accrue interest. You may only redeem a gift voucher before completion of the order process. Gift vouchers and credit may not be credited subsequently and you may only cancel them if they have not yet been redeemed. A gift voucher is considered to have been redeemed if it has been offset against an order or credited to a credit account. The minimum order value is equal to the voucher value. If the value of a gift voucher is insufficient to cover the order, the difference can be paid using one of the payment methods offered. Promotional vouchers may not be used to purchase gift vouchers. A maximum of one gift voucher may be used per order. Gift vouchers may not be combined with promotional vouchers. We accept no liability for the loss, non-use or illegibility of gift vouchers where this is not our responsibility. Similarly, we accept no liability for typographical errors in the email address of the gift voucher recipient. Gift vouchers are transferable. The copying, editing or manipulation of vouchers is not permitted. Vouchers may not be used for commercial purposes.
12.1 We and our legal representatives and agents only accept liability for damage other than injury to life, body and health where this damage is the result of intentional or gross negligence or culpable violation of a fundamental contractual obligation by us or our agents. Any obligation whose fulfilment is essential to the proper execution of the contract and on fulfilment of which you can regularly rely is key to this contract. Any further liability for compensation for damage is excluded. Claims based on product liability legislation and the guarantee we provide of the suitability of the goods remain unaffected. In the event of a breach of essential contractual obligations, we may only be held liable for the foreseeable damage typical of this contract if such damage was caused as a result of negligence on our part, unless this concerns claims for damages arising from injury to life, body or health.
12.2 Given current technology, data communications over the internet cannot be guaranteed to be error-free and / or available at all times. We consequently accept no liability for the uninterrupted availability of our website at www.mattes-reitsport.com
13. Offsetting / Retention Rights
You only have a right to offset the invoice if your counter claim is recognised by us and / or is legally effective. Otherwise you are only entitled to exercise a retention right if your counter claim is based on the same contractual relationship.
14. Intellectual and Commercial Property Rights
Please note that the contents of the online shop, especially the photographs, illustrations and descriptions are generally subject to copyright, trademark or other intellectual or commercial property rights. Any use of the content beyond searching or making purchases from the online shop may violate third party rights or our rights and could lead to legal consequences such as cease and desist orders or claims for damages.
15. Applicable Law
The legal relationship between you and us is subject to the laws of the Federal Republic of Germany. The terms of the Vienna UN Sales Convention are not applicable. The same applies to any other intergovernmental agreement, including after adoption into German law. For contracts with consumers, this choice of law only applies where the protection granted is not withdrawn by mandatory provisions of the laws of the state in which the consumer is domiciled.
Our registered office in Mühlheim a. d. Donau is agreed as the sole place of jurisdiction with traders, legal entities under public law or special funds under public law. In this case we are also entitled to institute proceedings at the customer's head office.
17. Amendments/Additions to these T&Cs
We are entitled to unilaterally amend and / or make additions to these T&Cs - insofar as they are part of the contractual relationship with you as our customer - where this is necessary to remedy subsequent equivalence issues or to adapt to alterations to legal or technical conditions. We will inform you of the corresponding alteration, enclosing the wording of the amended clauses. The amendment will become an integral part of the contract, provided that you do not object in writing or text form to the incorporation into the contractual relationship within six weeks of receipt of the amendment notice.
18. Salvatory Clause
Should any term of this contract be or become unworkable, the validity of the remaining terms of the T&Cs shall remain unaffected. The invalid term will be replaced by the relevant statutory provision. The same applies in the event that a loophole is discovered.
T&Cs last updated: June 2017