Terms of service
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all orders placed through our online shop at www.matador.at with Matador Spielwaren GmbH (hereinafter “we” or “Matador”).
1.2 These GTC apply to consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) as well as to entrepreneurs. Provisions that apply only to entrepreneurs are marked as such.
1.3 The version of these GTC in force at the time of the order shall apply. Deviating terms of the customer do not become part of the contract unless we expressly agree to their application in writing.
2. Contracting party, contact
The purchase contract is concluded with: Matador Spielwaren GmbH, Außervillgraten 41, 9931 Außervillgraten, Austria.
Commercial register number: FN 166743 k
Register court: Innsbruck Regional Court
VAT ID: ATU 44270105.
You can reach us by phone at +43 676 5555 315 and by e-mail at shop@matador.at
3. Formation of contract
3.1 The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
3.2 By clicking the purchase button in the final step of the order process, you submit a binding offer to conclude a purchase contract for the goods in your shopping cart. Before submitting your order, you can review and correct your entries at any time.
3.3 After submitting your order you will receive an automatic e-mail confirming that we have received it (order acknowledgement). This does not yet constitute acceptance of your offer.
3.4 The purchase contract is concluded when we accept your order by sending a dispatch confirmation by e-mail or when we deliver the goods. If we do not accept your offer, we will refund any payments already made without delay.
3.5 We deliver only while stocks last.
4. Contract language, storage of the contract text
4.1 The language of the contract is German. Where the shop is available in English, the translation serves for information purposes; the German version prevails.
4.2 We store the contract text and send you the order details and our GTC by e-mail. The GTC are also available in the online shop at any time. If you have a customer account, you can view your orders there.
5. Prices
5.1 Prices are stated in euros or in the local currency displayed in the shop.
5.2 For deliveries within the European Union, all prices include the applicable statutory value added tax.
5.3 For deliveries to countries outside the EU (e.g. Switzerland, United Kingdom, USA), prices are displayed excluding value added tax. In such cases, import taxes, customs duties and fees may arise which you must pay to the competent authorities or to the carrier. We have no influence on their amount.
5.4 In addition to the product prices, shipping costs apply. These are displayed during the order process before you place your order.
6. Delivery
6.1 Delivery is made to the delivery address you provide, to the countries offered during the order process.
6.2 Information on delivery times can be found in the shop or during the order process.
7. Payment
7.1 The payment methods displayed during the order process are available, currently in particular: credit and debit card, Apple Pay, Google Pay and Shop Pay (processed via Shopify Payments) as well as Klarna, eps and PayPal.
7.2 Payments are processed by the respective payment service providers. We neither collect nor store your card or account details.
7.3 Your account is charged upon completion of the order.
8. Retention of title
The goods delivered remain our property until payment has been made in full.
9. Transport damage
If goods are delivered with obvious transport damage, please report such damage to the carrier as soon as possible and contact us. Failure to report damage or to contact us has no consequences for your statutory warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurer.
10. Statutory warranty
10.1 The statutory warranty applies. For consumers, the warranty period for movable goods is two years from handover of the goods.
10.2 Any manufacturer guarantees exist in addition to the statutory warranty and do not restrict it.
10.3 Customer service: e-mail shop@matador.at, phone +43 676 5555 315.
11. Liability
11.1 In the case of damage caused by slight negligence, we are liable only for injury to life, body or health. Otherwise, liability for slight negligence is excluded to the extent permitted by law; the provisions of section 6 KSchG remain unaffected.
11.2 Claims under the Austrian Product Liability Act remain unaffected.
12. Right of withdrawal for consumers
Consumers have the statutory right of withdrawal under the Austrian Distance and Off-Premises Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG): they may withdraw from the contract within 14 days without giving any reason. Details are set out in the withdrawal instructions together with the model withdrawal form in the appendix to these GTC; both are also available in the online shop.
13. Consumer dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Applicable law, place of jurisdiction
14.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in another state, mandatory consumer protection provisions of that state remain unaffected by this choice of law.
14.2 In relation to entrepreneurs, the court having subject-matter jurisdiction at the registered office of our company shall have exclusive local jurisdiction.
15. Final provision
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions and of the contract shall remain unaffected.
Appendix: Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods; in the case of delivery in several partial shipments, from taking possession of the last partial shipment.
To exercise your right of withdrawal, you must inform us (Matador Spielwaren GmbH, Außervillgraten 41, 9931 Außervillgraten, Austria, phone +43 676 5555 315, e-mail shop@matador.at) of your decision to withdraw from this contract by an unequivocal statement (e.g. an e-mail). You may use the attached model withdrawal form, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and send it back.)
To: Matador Spielwaren GmbH, Außervillgraten 41, 9931 Außervillgraten, Austria, e-mail: shop@matador.at
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*): ________________________________________
Ordered on (*) / received on (*): ______________________
Name of consumer(s): ______________________
Address of consumer(s): ______________________
Signature of consumer(s) (only if this form is notified on paper): ______________________
Date: ______________________
(*) Delete as appropriate.
