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Conditions of Use

General terms and conditions of service

1. Scope
The following general terms and conditions apply for all orders via our online shop.

2. Contracting parties, conclusion of contract
The purchase contract is concluded with Matador Spielwaren GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the proofing tools provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. You will receive a confirmation by email immediately after submitting the order. The following applies for all offers: Offers are valid while supplies last.
 
3. Price
All prices quoted by us include value-added tax unless expressly stated otherwise.
 
4. Contract language, saving of contract text  
The languages ​​available for concluding the contract are German and English. 
We save the contract text and send you the order data and our general terms and conditions by email. You can see the contract text in our customer login area.
 
5. Delivery terms
Shipping costs are added in addition to the stated product prices. You can find out more about the amount of shipping costs in the offers.
You have the option to pick up your items at Matador Spielwaren GmbH, Herzogenburgerstr., 6, 3121 Weyersdorf, Austria during the following business hours: Monday to Thursday - 9am to 3pm.
We do not deliver to packing stations.

6. Payment
You can always use the following payment methods in our shop.
Payment in advance
If you select payment in advance, we provide our bank details in a separate email and deliver the goods after receipt of payment.
Credit card
You submit credit card details for payment when submitting your order.
After verifying you are the legitimate cardholder, we request your credit card issuer to initiate the payment transaction immediately after the order. The payment transaction is automatically performed by the credit card company and charged to your card. 
PayPal
During the order process, you will be redirected to the website of the online payment servicer PayPal. In order to pay the invoice amount via PayPal, you must be registered or register there, provide verification via your access data and confirm the payment order. After you have placed your order in the shop, we request PayPal to initiate the payment transaction. 
The payment transaction will be carried out automatically by PayPal immediately thereafter. You will receive additional information during the ordering process. 

IMMEDIATE bank transfer
After placing the order, you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via immediate bank transfer, you must have an online banking account with PIN/TAN procedure activated for participation in SOFORT Überweisung, verify your details and confirm the payment order. You will receive additional information during the ordering process. The payment transaction will be carried out immediately after that by SOFORT Überweisung, and your account will be debited.
 
7. Retention of title
All goods are delivered under retention of title and remain our property until full payment. The assertion of the retention of title entails withdrawal from the contract only if this is expressly declared. We are entitled to charge transport and handling charges incurred for returned goods. In the event of access by third parties to the goods subject to retention of title - in particular through seizures - the customer undertakes to point out our ownership of these goods and to inform us immediately. If the customer is a consumer or not an entrepreneur, whose proper business includes trading with the goods purchased from us, the customer may not dispose of, sell, pledge, gift or lend the goods subject to retention of title until the outstanding purchase price is paid. The customer bears the full risk for goods subject to retention of title, in particular for the risk of loss, destruction or deterioration.
 
8. Transport damage
If goods are delivered with obvious transport damage, please file a complaint about such damage as soon as possible to the carrier and contact us immediately. Failure to file a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, it helps us assert our own claims against the carrier or transport insurance provider.
 
9. Warranty and guarantees
Unless expressly agreed otherwise, the statutory warranty rights apply.
The limitation period for claims for defects amounts to one year from delivery of the goods.
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
  • For injury to life, body or health,
  • For intentional or grossly negligent breach of duty as well as malice,
  • For breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and upon compliance with which the contracting parties may regularly rely (cardinal obligations)
  • As part of a guarantee promise, as far as agreed, or
  • As far as the scope of application of the Product Liability Act is expanded.
Information on any applicable additional guarantees and their exact terms can be found with the product and on the special information pages in the online shop.
Customer service: You can contact our customer service at matador@matador.at or by phone from 9 am to 3 pm Monday to Thursday and from 9 am to 12 pm on Fridays.
 
10. Compensation
 All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or, in the case of consumer transactions, to damage to items taken over for processing. The existence of slight or gross negligence must be proven by the injured party unless it is a consumer business. If it is not a consumer business, the limitation period for claims for damages is three years from the transfer of risk. The provisions regarding damages contained in these general terms and conditions or otherwise agreed also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

11. Liability
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
  • For injury to life, body or health,
  • For intentional or grossly negligent breach of duty,
  • For guarantees, as far as agreed, or
  • As far as the scope of application of the Product Liability Act is expanded.
In the event of breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on which the contracting parties may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability is limited in amount to the damages foreseeable at the time of conclusion of the contract and which typically have to be expected. Other claims for damages are excluded.
 
12. Choice of law, jurisdiction
 Austrian law applies. The applicability of the UN Sales Convention is expressly excluded. The contract language is German. The contracting parties agree to Austrian domestic jurisdiction. If the contract does not concern a consumer business, the court which has jurisdiction at the headquarters of our company is exclusively responsible locally for judgements regarding all disputes arising from this contract.