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:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. 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.
5. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
6. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
7. Distance contract: an agreement whereby, within the framework of a system for distance selling of products and/or services organized by the entrepreneur, 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

1. 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.
2. 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 the content before the order can be placed.
3. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the previous paragraph applies 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 him.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. However, minor deviations are always possible. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur. This explicitly includes errors in the offer advertised elsewhere than on the entrepreneur's website, whereby the information on the entrepreneur's website can at all times be regarded as leading.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with acceptance of 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 acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the way in which the consumer can check the data provided by him in the context of the agreement before concluding 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

1. 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 in connection with it.
2. 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.
3. A confirmed order cannot be changed or cancelled except with the trader's written consent, and no later than within 24 hours after the order confirmation, without prejudice to the right of withdrawal under Article 6.
4. If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for that purpose.
5. Within the legal framework, the trader may investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant to responsibly entering into a distance agreement. If, based on this investigation, the trader has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to performance.
6. The trader will include the following information with the product or service for the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
   a. the visiting address of the trader's business establishment where the consumer can submit complaints;
   b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
   c. information about warranties and existing after-sales service; and
   d. the details included in Article 4(3) of these terms and conditions, unless the trader has already provided these details to the consumer before performance of the agreement.
   

Article 6 - Right of withdrawal

1. When purchasing products at a distance, the consumer has the option to dissolve 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 trader.
2. During the cooling-off period, the consumer will handle the product and the 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 make use of their right of withdrawal, they will return the product to the trader 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 trader.
   
   

Article 7 - Costs in the event of withdrawal

1. If the consumer correctly exercises their right of withdrawal in accordance with the Refund Policy, only the return shipping costs will be at their expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

1. 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 cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is linked to fluctuations on 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 of which the consumer has broken the seal.

2. The right of withdrawal under Article 6 is also excluded for services whose performance has begun with the consumer’s explicit consent before the cooling-off period has expired.

Article 9 - The price

1. Prices stated on the entrepreneur’s website are always subject to change.
2. During the period of validity 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 mistakes.
3. 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 completing it.

Article 10 - Payment

1. Payment is made, at the consumer’s choice, via one of the displayed payment methods and by way of advance payment, at least to the amount of 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 cooling-off period as referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the business owner, subject to legal restrictions, has the right to charge the reasonable costs that were made known to the consumer in advance.

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 installments

You can find more information in the Klarna user terms. General information about Klarna can be found here. Your personal data is processed by Klarna in accordance with the applicable Personal Data Protection Act and as described in Klarna’s privacy statement.

Article 12 - Delivery and performance

1. The business owner will exercise the greatest possible care when receiving and fulfilling orders for products and when assessing requests for the provision of services. All delivery times are, however, indicative.
2. The place of delivery is the address that the consumer has provided to the company.
3. 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.
4. In the event of termination in accordance with the previous paragraph, the business owner will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after termination.
5. If delivery of an ordered product proves to be impossible, the business owner will make every effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal under Article 6 also applies to replacement items. The costs of any return shipment are at the business owner’s expense.
6. The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur.
7. Ownership of the sold products transfers to the consumer only at the moment of full payment of the price.

Article 13 - Conformity and Warranty

1. 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.
2. The consumer is entitled to a statutory warranty period of two years from the date of delivery if the products do not comply with the preceding paragraph.
3. For justified warranty claims, the entrepreneur will, at its own choice and discretion, in the following order: (1) (partially) 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.
4. The warranty does not cover:

• Defects resulting from improper handling or implementation, negligence or 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 unprofessional maintenance;
• Defects resulting from use in an unsuitable environment;
• Defects due to normal wear and tear 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

1. Complaints about the performance of the agreement, including warranty requests under Article 13, must be submitted to the entrepreneur within a reasonable time, in any event 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.
2. Complaints submitted to the entrepreneur will be answered within 14 days 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, registered or unregistered, contained in the products, services, and the content of the business’s website are and shall at all times remain the exclusive property of the business and/or its licensors, as applicable. The consumer shall refrain from copying or exploiting the products and the content of the business’s website in any way, without the business’s express written consent.

Article 16 – Liability

The business’s contractual liability is limited to its statutory responsibilities as manufacturer and/or reseller, depending on the circumstances. To the extent permitted by law, the business’s liability is always limited to, as applicable, 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. In no event is the business responsible for indirect, incidental, or consequential damages (including: damage to health, damage to property, financial loss, loss of profit, staffing costs, damage to third parties, loss of income).

The business’s non-contractual liability is governed by the provisions on Product Liability of Book 6, Title 3, Division 3 of the Civil Code.

The business 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 tried to modify or if the consumer has used components that do not meet the parameters provided by the business, (v) damage resulting from the consumer’s failure to comply with legal 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 business owner is responsible for processing the personal data provided by the consumer in the context of the agreement. The business owner 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 recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

The possible invalidity of one of the provisions of these general terms and conditions or part of a provision does not affect the applicability of the other provisions and/or the remainder of the provision. In the event of invalidity of one of the provisions, the business owner and the consumer will negotiate to replace the invalid provision with an equivalent provision that corresponds to the general spirit of these general terms and conditions.

Only Dutch law applies to agreements between the business owner 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 installments

You can find more information in the Klarna user terms and conditions. General information about Klarna can be found here. Your personal data is processed by Klarna in accordance with the applicable Personal Data Protection Act and as described in Klarna’s privacy statement .