Terms of Use
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Payment
Article 11 – Klarna payment methods
Article 12 - Delivery and performance
Article 13 - Conformity and warranty
Article 14 - Complaints Procedure
Article 15 – Intellectual Property
Article 16 - Liability
Article 17 – Personal data
Article 18 – Miscellaneous
Article 19 - Klarna payment methods
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication (e.g. the internet);
Article 2 – Identity of the entrepreneur
Matero Cookware B.V.
Nordhornerstraat 18
7742 VW Coevorden
The Netherlands
Email: support@materocookware.com
Chamber of Commerce number: 90265785
VAT identification number: NL865260072B01
Account number: NL58 RABO 0356 0835 86
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically and in such a way that it can be easily stored by the consumer on a durable data carrier. The consumer must take note of these general terms and conditions and accept their content before the order can be placed.
In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the previous paragraph shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Minor deviations are always possible. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur. Explicitly included here are errors in offers advertised elsewhere than on the entrepreneur’s site, whereby the information on the entrepreneur’s site may at all times be considered leading.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are linked to accepting the offer. This concerns in particular:
the price including taxes;
any delivery costs;
the way in which the agreement will be concluded and which actions are required for that;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the way in which the consumer, before concluding the agreement, can check the data he has provided in the context of the agreement and, if desired, correct it; and
any other languages in which, in addition to Dutch, the agreement may be concluded.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
A confirmed order cannot be changed or cancelled except with the entrepreneur’s written consent, and no later than 24 hours after the order confirmation, without prejudice to the right of withdrawal under Article 6.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for that purpose.
Within legal frameworks, the business may check whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If, based on this investigation, the business has good grounds not to enter into the agreement, it is entitled, with reasons, to refuse an order or request or to attach special conditions to its performance.
The business will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the business’s place of establishment where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice that the right of withdrawal is excluded;
c. information about warranties and existing after-sales service; and
d. the details included in Article 4, paragraph 3 of these terms and conditions, unless the business has already provided these details to the consumer before the performance of the agreement.
Article 6 - Right of withdrawal
When purchasing products at a distance, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period starts on the day after the consumer receives the product, or a representative designated in advance by the consumer and made known to the business.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the business with all supplied accessories and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the business.
Article 7 - Costs in case of withdrawal
If the consumer correctly exercises their right of withdrawal in accordance with the Refund Policy, only the costs of return shipping are at their expense.
If the consumer has paid an amount, the business will refund this amount as soon as possible, but no later than 14 days after the return shipment or withdrawal.
Article 8 - Exclusion of the right of withdrawal
The right of withdrawal under Article 6 is excluded for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. that, by their nature, cannot be returned;
d. that can spoil or become obsolete quickly;
e. whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal.
2. The right of withdrawal under Article 6 is also excluded for services whose provision has begun with the consumer’s explicit consent before the reflection period has expired.
Article 9 - The price
Prices stated on the entrepreneur’s website are always subject to change.
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates or obvious errors.
The prices stated in the offer of products or services include VAT. Unless expressly stated otherwise, prices exclude shipping and delivery costs and costs associated with the chosen payment method. Where applicable, these costs will be stated separately during the ordering process and before it is completed.
Article 10 - Payment
Payment is made, at the consumer’s choice, via one of the payment methods shown and by way of advance payment of at least 50%, or, where applicable, upon delivery. Unless agreed otherwise, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6(1). In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has a duty to report any inaccuracies in the payment details provided or stated to the business without delay.
In the event of non-payment by the consumer, the business shall, subject to statutory limitations, have the right to charge the reasonable costs previously made known to the consumer.
Article 11 - Klarna payment methods
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment method(s). Payment must be made to Klarna.
Pay later
Pay in instalments
You can find more information in Klarna’s user terms. General information about Klarna can be found here. Your personal data is processed by Klarna in accordance with applicable data protection laws and as described in Klarna’s privacy statement.
Article 12 - Delivery and performance
The business will exercise the greatest possible care in receiving and fulfilling orders for products and in assessing requests for the provision of services. However, all delivery times are indicative.
The delivery address is the address that the consumer has provided to the company.
Subject to what is stated about this in Article 4 of these general terms and conditions, the company will fulfill accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item is being supplied. The right of withdrawal under Article 6 also applies to replacement items. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur.
Ownership of the sold products passes to the consumer only at the moment of full payment of the price.
Article 13 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded.
The consumer is entitled to a statutory warranty period of two years from the date of delivery if the products are not in conformity with the preceding paragraph.
In the event of justified warranty claims, the entrepreneur will, at their own choice and discretion, in the following order: (1) (partly) replace the defective products, components and/or service performance; (2) repair the defective products and/or components; or (3) credit an amount that reasonably corresponds to the nature and extent of the defect in question.
The warranty does not apply to:
Defects resulting from incorrect handling or implementation, negligence, or an accident, including failure to follow the user and installation manual supplied with the products;
Defects caused by handling or repair by third parties without the entrepreneur’s permission;
Defects resulting from irregular and/or unskilled maintenance;
Defects resulting from use in an unsuitable environment;
Defects resulting from normal wear or use.
5. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
Article 14 - Complaints Procedure
Complaints about the performance of the agreement, including warranty requests under Article 13, must be submitted to the entrepreneur within a reasonable time, i.e. no later than within two months, fully and clearly described, with a copy of the proof of purchase, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
Article 15 – Intellectual Property
The intellectual property rights, including copyright, trademarks, software, databases, models, drawings, patents, and others, whether registered or unregistered, contained in the products, services, and the content of the entrepreneur’s website are and shall at all times remain the exclusive property of the entrepreneur and/or its licensors, as the case may be. The consumer shall refrain from copying or exploiting in any way the products and the content of the entrepreneur’s website without the entrepreneur’s express written consent.
Article 16 – Liability
The entrepreneur’s contractual liability is limited to its statutory responsibilities as producer and/or reseller, depending on the circumstances. To the extent permitted by law, the entrepreneur’s liability is always limited to, as the case may be, the free replacement of defective products or the refund of the price of the defective products, and in any event liability is limited to the invoiced amount. The entrepreneur is in no event responsible for indirect, incidental, or consequential damages (including: health damage, property damage, financial loss, loss of profit, personnel costs, damage to third parties, loss of income).
The entrepreneur’s non-contractual liability is governed by the provisions on Product Liability of Book 6, Title 3, Section 3 of the Dutch Civil Code.
The entrepreneur is not liable for (i) damage caused by the consumer, (ii) damage resulting from the consumer’s default, (iii) damage resulting from incorrect or inappropriate use of the purchased products, (iv) damage to purchased products that the consumer has attempted to modify or if the consumer has used components that do not meet the parameters as provided by the entrepreneur, (v) damage resulting from the consumer’s failure to comply with statutory and/or other obligations, including the user and installation manual and safety information supplied with the products.
The products offered are not medical devices and are not intended to diagnose, prevent, or treat specific conditions.
Article 17 - Personal data
The entrepreneur is responsible for processing the personal data provided by the consumer in the context of the agreement. The entrepreneur processes the personal data in accordance with the provisions and principles of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 (the GDPR) and in accordance with its Privacy Policy available on its website: click here.
Article 18 - Miscellaneous
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be set down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Any invalidity of one of the provisions of these general terms and conditions or part of a provision does not affect the applicability of the remaining provisions and/or the remainder of the provision. In the event of invalidity of one of the provisions, the entrepreneur and the consumer will negotiate to replace the invalid provision with an equivalent provision that reflects the general spirit of these general terms and conditions.
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 19 - Klarna payment methods
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment method(s). Payment must be made to Klarna.
Pay later
Pay in instalments
You can find more information in Klarna’s user terms. General information about Klarna can be found here. Your personal data is processed by Klarna in accordance with applicable data protection laws and as described in Klarna’s privacy statement.
