ARTICLE I - CONTENT OF THE SERVICE, CONCLUSION, CHANGES TO THE TERMS
1.1 Service. Metch GmbH with business address at Philippistrasse 10, 14059 Berlin (“we”, “Metch”) provides services in the form of a platform called "Staiy" (“Platform”) which enables customers (“Customer”; “you”) to buy goods from vendors (“Vendor”).
1.2 Conclusion. By acknowledging the terms, we conclude a Platform agreement (“Agreement”) with you. When using the Platform you, as Customer, acknowledge the Terms by ticking the box "I accept the Terms and Conditions" and clicking the registration button.
1.3 Changes. We are entitled to change the Terms and other provisions with effect for a future date. We will only carry out these changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes to the Terms when you log in or by e-mail to your most recently notified e-mail address. The Terns are considered accepted if you do not object to them in writing or in text form (e.g. by e-mail or fax) within eight weeks after receipt. ("Objection Deadline"). When notifying any changes, we will draw specific attention to this option. We advise you to direct any objection to us in writing or by e-mail for the preservation of evidence. If you do not object to the changed Terms towards us within the Objection Deadline or you continue to use the Platform despite access to the notification concerning changes, the changed or supplementary Terms become effective. If you object within the deadline, both you and us are entitled to duly terminate the contractual relationship and, after the expiry of a possible notice period, to delete the Account. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.
ARTICLE II - ACCOUNT
2.1 Account. You will receive a Customer account ("Account"). With this Account, you can change your data and manage your purchases.
2.2 Account elegibility. In order to use the Services, the Customer needs to be of legal age, fully capable of acting and able to pay the purchase price.
2.3 Transfer. An Account cannot be transferred without our express approval.
2.4 Abuse. You may only have one Account. You undertake to keep secret any login data, passwords and access data (jointly referred to as "Login Details") for your Account and to inform us without delay as soon as you become aware or suspect that unauthorized third parties gained knowledge of your Login Details. In such a case, you will change your data or have it changed by us. We also reserve the right to block your access temporarily. You will be permitted to use the Account again as soon as we have eliminated the suspicion of any abuse of the Login Details either by you or by a third party. If a third party uses an Account without authorization by gaining access to your Login Details where you are to blame, you are treated as if you had acted on your own.
2.5 Change of Login details. If we suspect that a third party has become aware of the Login Details, we are entitled, but not obliged, to change the Login Details or block the account without prior notice. We will notify you accordingly without delay and, on request, provide you with new Login Details within a reasonable deadline. Further claims by you as a result of the temporary blocking of your Account or change to your Login Details are excluded.
ARTICLE III - REQUIRED TECHNICAL EQUIPMENT AND ELECTRONIC COMMUNICATION
3.1 Local software. The use of the Platform is only possible through locally installed software as well as an internet connection on your computer, tablet, smartphone or other end device ("End Device"). These include an Internet browser, a connection to the Internet, an operating system. You bear the costs of this software and its application as well as the costs incurred for the use of the Internet connection. It is your responsibility to maintain your End Device in such a manner as to ensure the use of the Platform. We do not provide any support for this.
3.2 Version. We provide the Platform within the scope of our technical and operational possibilities. All the services we offer are reworked and updated at our discretion to ensure that they remain attractive for the largest possible circle of users. You may use the Platform only in the most recent version.
3.3 Electronic communication. You agree to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Platform or to your email account. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ARTICLE IV - PURCHASE AGREEMENT
4.1 Contractual structure. When buying goods over the Platform, you as the Customer will be in contractual negotiations with the Vendor.
4.2 Liability. Metch is not part of the purchase agreement between Customer and Vendor. Thus, the liability exclusively falls between the Customer and the Vendor, such as the returns and shipping times the Vendor’s terms are applied.
4.3 Product. Metch demands from the Vendors that the products shall be as accurate as possible in the description of the products displayed on the Platform. However, as the descriptions are based on information provided to us by the Vendors (who are fully responsible for them), we cannot guarantee that all details are always accurate, complete or error free. As to the images of the products on the Platform, we attempt to display colours accurately, but we cannot guarantee that your computer's display of the images accurately reflects the true colour of the products. If an item you have ordered is not as described or flawed, please contact the Vendor through the Platform. The Vendor will handle the matter and will with respect to defective products at your choice send a new item or repair the defective item. You have all rights against the Vendor under German law.
4.5 Check-out procedure. By completing the check-out process and placing an order by clicking the "Buy Now" button on the checkout page, you are offering to purchase the products from the relevant Vendor (and not directly from us). All orders are subject to confirmation of the Vendor. After entering into the purchase agreement with the Vendor, the Vendor will be under a legal duty to supply you with goods that are in conformity with the contract. The Platform allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
4.6 Taxes & Import Duties. Depending on your delivery address, different taxation rules and additional charges may apply. If the Vendor ships fron outside of your territory, you may need to pay import duties upon receipt of the products. We do not have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “cost estimate” before placing your order.
4.7 Intellectual property, software and content. We are the owner or the licensee of all intellectual property rights in the Platform and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same). The rights in the Platform and the content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
a) You must not systematically extract and/or re-utilise parts of the Platform or the content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Platform. You must not create and/or publish your own database that features substantial parts of the Platform (e.g. the prices and product listings) without our prior written consent.
b) Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Platform are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Platform in connection with products offered are owned by the respective trademark owners.
ARTICLE V - PAYMENT PROCESS
5.1. Payments. The goods offered by Vendors on the Platform can be paid for by various means, currently (subject to change), bank transfer, credit/debit card or prepayment to the Vendor’s account (for more information about the payment methods please consult: https://stripe.com/de/payments/payment-methods-guide).
The payment of the purchase price is due immediately with the conclusion of the contract. If the due date of payment on the invoice is determined according to the calendar, you will already be in default by non-observance of the date. In the event of default, we are entitled to charge interest at the rate of 5 percentage points above the respective base interest rate for the year. In the case of legal transactions, in which a consumer is not involved, we reserve the right to demand interest on compensation claims in the event of default at a rate of 9 percentage points above the base interest rate. We reserve the right to prove higher default losses caused by delay and to assert § 288 para. 3, 4 BGB.
We accept payment in advance, credit card, direct debit, iDeal and EPS. In order to process your payments, we will transmit your data upon completion of your order via a safe connection to our payment service provider Stripe. If your place of residence is outside of Germany, payment is only possible in advance, by credit card, iDeal and EPS.
a) Payment in advance: when paying in advance, you have to transfer the invoiced amount upon completion of your order within 7 days to our account. With payment in advance, the specified delivery time shall apply from receipt of payment in our account. If the amount due is not in our account within 7 days, we can withdraw from the contract.
b) Payment by credit card: your credit card account will be debited immediately after completing the payment process. All entries and control checks relating to your payments will be carried out and saved by the payment processor.
c) Payment by direct debit: when paying by direct debit, we are revocably authorized to collect the invoiced amount from your specified account. If the direct debit cannot be redeemed due to lack of funds or because of false details provided about the bank account, or you object to the debit, although you are not entitled to this, you will have to bear the costs and fees of the chargeback if you are responsible for this. The debit of the account shall be carried out before shipment of the goods.
d) Payment via iDeal: You will be transferred to one of the Dutch participating banks. In your online banking of your bank you can make the transfer. You will receive further instructions in the course of the order process. After the amount has been received in our bank account, the goods will be sent.
A set-off shall be excluded, unless the set-off claim is undisputed or has been legally established or acknowledged by us in writing. You can only exercise a right of retention insofar as the claims arise from the same contractual relationship. Exclusions do not apply if a counter-claim is made which emerges from a justified non-cash claim from a refusal of performance, or asserted rights due to a deficiency.
General discount clause:
a) discount codes cannot be taken into account in hindsight, unfortunately.
b) discount codes do not apply for reduced articles.
ARTICLE VI - ABUSE
6.1 Disruption. You are not entitled to use mechanisms, software, programs or other routines that could disrupt our systems. You may not adopt any measures that could lead to an unreasonable overload of the systems.
6.2 Exploits. It is prohibited to exploit bugs or faults in the Platform’s programming.
ARTICLE VII - CUSTOMER OBLIGATION
7.1 Complete information. You undertake to provide us true and complete information upon registration. You undertake to inform us immediately of any changes to the data supplied and to confirm their validity upon request.
7.2 Conformity with terms. You undertake to abide by the provisions of these Terms.
7.3 Functionality. You will refrain from any action that endangers or disrupts the operation and functionality of the Platform. In particular, you are prohibited from
7.4 Deletion. We are entitled to delete user-generated content. This applies in particular to content violating these Terms.
7.5 Indemnity. You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
ARTICLE VIII - AVAILABILITY
We guarantee availability of the Platform in 97% on an annual average. Excepted herefrom are times for regular maintenance of the Platform, which is only possible in an off-line mode, and times in which the Platform, due to force majeure, external manipulation or other problems that are not within our control or that of our vicarious agents, cannot be reached. We are liable for the unavailability of the Platform only in cases of willful intent or gross negligence or culpable violation of life, body or health.
ARTICLE IX - LIMITATION OF LIABILITY
9.1 Exclusion of liability. In principle, any liability on our part is excluded and only applies under the following conditions:
We are liable for claims for damages and replacement of futile expenses ("Claims for Damages") due to an infringement of contractual or extra-contractual obligations only in cases of willful intent or gross negligence; of grossly negligent or intentional harm to life, body, or health; of willful intent or intentional infringement of essential contractual obligations; where we assumed an express guarantee of condition and quality; based on mandatory liability pursuant to the Product Liability Act as well as in the scope of application of § 44 TKG (Telecommunications Act); or based on other mandatory liability.
9.2 Liability for essential contractual obligations. Claims for damages for the violation of important contractual obligations are limited to damage typical and foreseeable for contracts, provided there is willful intent or gross negligence, or a liability exists from culpable violation of life, body or health, or from the express guarantee of condition and quality, or from product liability.
9.3 Personal liability of employees, shareholders, representatives. The aforementioned liability limitations in also apply to the personal liability of our employees, shareholders, representatives, bodies and their members.
9.4 No change of burden of proof. The above provisions do not imply a change in the burden of proof to your detriment.
9.5 Links. We expressly distance ourselves from the content of all websites that contain direct or indirect references (so-called "links") to our products. We do not assume any liability for such content and pages. The providers of the relevant pages are personally responsible for the content of these pages.
ARTICLE X - DELIVERY
We ship goods to you domestically, which are in stock, no later than 1-5 working days after conclusion of the contract. In the case of payment in advance, delivery times shall extend from the date of receipt of payment in our account. Differing delivery times shall be specified in the context of the item description.
If you order a product that was available in accordance with the article description, and we have not been supplied with this product from our suppliers with no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if applicable, suggest an alternative similar product. If no comparable product is available, or you do not want delivery of a comparable product, we will refund any amounts which have already been paid without delay. The right to withdraw from the contract shall also apply in this case.
We are entitled to make partial shipments and/or services, as far as this does not affect any conflict of interests unreasonably. Should a partial delivery become necessary, we shall, of course, accept the additional shipping costs. No further costs shall arise for you.
The delivery time is extended appropriately if the delivery is affected by a force majeure situation. Force majeure shall be deemed to be, for example, subsequent material procurement difficulties, riot, strike, lockout, malfunction, fire, natural disasters, transportation disruptions, change to the statutory provisions, official measures or regulations or the occurrence of other unforeseeable events, which are beyond our control and which - taking an objective point of view – have not been caused by any culpable conduct on our part. Should one of the above described cases arise, we shall inform you immediately. If this hindrance to performance should last longer than four weeks, you are entitled to withdraw from the contract. In this case, further claims, in particular for damages, do not exist. This does not apply as far as in cases of wilful intent or gross negligence, in case of assurances, or due to breach of essential contractual obligations caused by simple negligence or if compulsory liability applies in foreseeable damage typical for contracts for legal reasons, due to mandatory liability.
ARTICLE XI - RIGHT OF WITHDRAWAL
Consumers have a legal right of withdrawal. You can find the relevant instructions, as well as a sample withdrawal form, at the end of these E-shop General Terms and Conditions.
ARTICLE XII - WARRANTY & LIABILITY
Warranty shall be dependent upon the statutory provisions. In case of a complaint, we ask for proof of the purchase date by means of the invoice and sending the article complained about together with a copy of the invoice to the ADRESS. Normal wear and tear of the goods do not justify a warranty claim.
The right to subsequent fulfilment as well as the right to withdraw from the contract or to reduce the purchase price shall be available to the extent provided by law.
We assume no liability for damage and defects that arise from improper use, handling and storage, negligent or faulty care and maintenance, by overuse or improper repair by a non-authorized service partner.
The warranty period for entrepreneurs is reduced to 1 year for defects, if there is no case for compelling liability, as in particular envisaged by § 478 BGB. Claims for compensation shall also remain unaffected by the shorter limitation period.
If the customer is an entrepreneur, he has to inspect the services provided immediately after delivery, as far as possible according to proper business procedures, and, if a deficiency becomes evident, to notify us of this immediately. If the customer fails to make this notification, the performance shall be deemed as approved, unless there is a defect which was not visible during the inspection. If such a defect becomes evident later on, the notification must be made immediately after discovery of the defect. Otherwise, the performance shall be considered approved, also in the light of this defect. In order to preserve the rights of the customer, the timely dispatch of the notification shall suffice. The rules on the obligation to give notification shall not apply if a defect has been fraudulently concealed or the customer is a consumer.
Further claims, in particular for consequential damage, shall be fundamentally excluded. This does not apply in cases of intent, gross negligence or breach of essential contractual obligations by us, as well as in the case of injury to life, body or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those, the fulfilment of which allows the proper execution of the contract to be possible at all, and upon whose compliance you can regularly trust and can rely on.
The risk of incidental loss and incidental deterioration of goods for sales shipments shall pass to you or a recipient chosen by you with the delivery of the goods. If you are not a consumer, and have not purchased the goods only for private use, the risk of incidental loss and incidental deterioration of the goods shall pass to you upon delivery to the responsible person for shipment.
We exclude our liability for slightly negligent breaches of duty, provided that no essential contractual duties, damages arising from injury to life, body or health, or guarantees, or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the case of damage caused in any other way, we are liable for intent and gross negligence, also for our vicarious agents, according to the statutory provisions. The same applies to negligent damage from injury to life, body or health. For damage to property and pecuniary loss, we and our vicarious agents are only liable for negligence caused by a breach of an essential contractual obligation, however the amount is limited to damage which is foreseeable upon conclusion of and typical for contracts. Essential contractual obligations are those, the fulfilment of which characterises the contract and upon which the customer can rely on.
ARTICLE XIII - CONTRACT DURATION AND CANCELLATION
13.1 Duration and cancellation. Provided nothing to the contrary is agreed in our actual offer, the Platform agreement between you and us are concluded for an indefinite period of time. It can be cancelled at any time. Reasons need not be given.
13.2 Account deletion. For technical reasons, the final deletion of the Account and the user data only occurs after several days
ARTICLE IX - CORRESPONDENCE
14.1 Contact. We may contact you to service your Account or enforce this Agreement, applicable law, or any other agreement we may have with you, including notifying you regarding your account, fixing problems with your account, resolve a dispute.
14.2 Analysis. Our automated systems scan and analyze the contents of every message sent through the Platform, including messages between Vendors and Customers, to detect and prevent fraudulent activity or violations of these Terms and the agreement with the Vendors. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. We may store message contents, including to conduct this scanning and analysis.
ARTICLE XV - FINAL PROVISIONS
The European Commission opened its new online dispute resolution (“ODR”) platform for alternative dispute resolution between consumers and online traders. Go to: http://ec.europa.eu/consumers/odr. We are not obliged to take part in a dispute resolution procedure in front of a consumer arbitration body.
EXAMPLE OF A WITHDRAWAL FORM
If you want to withdraw from the contract, you can complete this sample withdrawal form and send it back to us:
Metch GmbH, Philippistrasse 10, 14059 Berlin, email: email@example.com.
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for communications on paper/hardcopies)
(*) Delete as appropriate.