Terms of service

Table of Contents:

Article   1 - Definitions

Article   2 - Identity of the trader

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 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, the following definitions apply:

  1. Reflection period: the period within which the consumer can make use of their right of withdrawal;
  2. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and enters into a distance contract with the trader;
  3. Day: calendar day;
  4. Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  5. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  6. Trader: the natural or legal person offering products and/or services to consumers at a distance;
  7. Distance contract: an agreement whereby, within the framework of a system organized by the trader for the distance sale 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 trader

Matero Cookware B.V.
Kapitein Grantsraat 3
7821 AP Emmen
Netherlands

Email: support@materocookware.com

Chamber of Commerce (KvK) 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 trader and to every distance contract concluded between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer electronically, and in such a way that it can be easily stored by the consumer on a durable medium. The consumer must take note of these general terms and conditions and accept their 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 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 them.


Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this is explicitly 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 allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Slight deviations are, however, always possible. Obvious mistakes or obvious errors in the offer do not bind the trader. Explicitly mentioned here are errors in the offer advertised elsewhere than on the trader's site, whereby the information on the trader's site can at all times be regarded as authoritative.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
  • the price including taxes;
  • any delivery costs;
  • the manner in which the agreement will be concluded and the actions required for this;
  • 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 trader guarantees the price;
  • the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in connection with the agreement; and
  • any other languages, besides Dutch, in which the agreement can be concluded.


Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and satisfies the associated conditions.
  2. If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
  3. A confirmed order cannot be changed or cancelled except with the written consent of the trader, and this at the latest 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 this purpose.
  5. The trader may - within legal limits - verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request, with reasons given, or to attach special conditions to its performance.
  6. The trader will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    a. the visiting address of the trader's place of business where the consumer can lodge complaints;
    b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
    c. information about warranties and existing after-sales service; and
    d. the information set out in Article 4(3) of these terms, unless the trader has already provided this information to the consumer before the performance of the agreement.

Article 6 - Right of withdrawal

  1. When purchasing products at a distance, the consumer has the option of dissolving the agreement without giving any reason for 14 days. This reflection period begins on the day after the product is received by the consumer or a representative designated in advance by the consumer and made known to the trader.
  2. During the reflection period, the consumer will handle the product and 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 trader with all delivered 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 case of withdrawal

  1. If the consumer correctly exercises their right of withdrawal in accordance with the Refund Policy, only the costs of returning the item will be borne by them.
  2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but at the latest within 14 days after the return or withdrawal.


Article 8 - Exclusion of right of withdrawal

  1. The right of withdrawal under Article 6 is excluded for products:

a. that have been produced by the trader according to 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 become outdated quickly;
e. whose price is subject to fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software whose seal the consumer has broken.

2. The right of withdrawal under Article 6 is also excluded for services whose performance has begun, with the explicit consent of the consumer, before the reflection period has expired.


Article 9 - The price

  1. Prices stated on the trader'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 are inclusive of VAT. Unless expressly stated otherwise, prices are exclusive of 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

  1. Payment is made, at the consumer's choice, via one of the payment methods shown, either by way of advance payment of at least 50%, or, where applicable, upon delivery. Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days of the start of the reflection period 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 a duty to promptly report inaccuracies in provided or stated payment details to the trader.
  3. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs 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 Klarna's terms of use. General information about Klarna can be found here. Your personal data is processed by Klarna in accordance with the applicable data protection law and as described in Klarna's privacy statement .


Article 12 - Delivery and performance

  1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services. However, all delivery times are indicative.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Taking into account what is stated about this in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notice of this at the latest 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to any compensation.
  4. In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount the consumer has paid as soon as possible, but at the latest within 30 days after dissolution.
  5. If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement item available. At the latest upon 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 borne by the trader.
  6. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader.
  7. Ownership of the products sold transfers to the consumer only at the moment of full payment of the price.


Article 13 - Conformity and Warranty

  1. The trader 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 existing on the date the agreement was 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 previous paragraph.
  3. In the case of valid warranty claims, the trader will, at its own discretion and 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 incorrect handling or implementation, negligence or accident, including failure to follow the user and installation manual supplied with the products;
  • Defects arising from handling or repair by third parties without the trader's consent;
  • Defects resulting from irregular and/or unskilled maintenance;
  • Defects resulting from use in an unsuitable environment;
  • Defects resulting from normal wear and tear or use.

  5.A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.


Article 14 - Complaints procedure

  1. Complaints about the performance of the agreement, including warranty claims under Article 13, must be submitted to the trader within a reasonable time, being at the latest within two months, fully and clearly described, together with a copy of the proof of purchase, after the consumer has discovered the defects.
  2. Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgment 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, designs, drawings, patents and others, registered or unregistered, embodied in the products, services and the content of the trader's website, are and remain at all times the exclusive property of the trader 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 trader's website, without the express written consent of the trader.


Article 16 – Liability

The contractual liability of the trader is limited to its statutory responsibilities as manufacturer and/or reseller, depending on the circumstances. Insofar as legally permissible, the trader's liability is always limited to, as the case may be, the free replacement of the defective products or the refund of the price of the defective products, and liability is in any case limited to the invoiced amount. The trader is in no case responsible for indirect, incidental or consequential damage (including: damage to health, damage to property, financial loss, loss of profit, personnel costs, damage to third parties, loss of income).

The non-contractual liability of the trader is governed by the provisions on Product Liability of Book 6, Title 3, Section 3 of the Dutch Civil Code.

The trader 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 comply with the parameters provided by the trader, (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 any specific condition.


Article 17 - Personal data

The trader is responsible for the processing of the personal data provided by the consumer in connection with the agreement. The trader processes 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, which is 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 medium.

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 other provisions and/or the remainder of the provision. In the event of invalidity of one of the provisions, the trader 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.

Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions relate.

 

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 terms of use. General information about Klarna can be found here. Your personal data is processed by Klarna in accordance with the applicable data protection law and as described in Klarna's privacy statement .

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