Terms and conditions


v11-10-2017

INTRODUCTION AND ACCEPTANCE OF THE TERMS

Welcome to Matuu (“Matuu”, “we”, “us”) and thank you for using our website www.matuu.eu and our webshop (collectively the / our “Website”). We make and sell kids’ accessories like tipi tents, playmats etc.

The content of our website is provided as is and is for your general information and use only. It is subject to change without notice. These terms and conditions apply to all sales and purchases made through our website and govern the relationship between you and Matuu and its partners. The applicability of the terms and conditions of third parties is excluded.

We have no desire to trick you into signing something that you might later regret. We want to focus on delivering high quality products to satisfied customers. Therefore, it is important to us to have things written down so that we both know who should do what and when, and what will happen if something goes wrong. Please do not be scared by the fact this is a legal document. Most of the people skip it anyway ;)  We have tried to keep it as simple as possible but has to be some legal text by requirement. If you do not agree to the Terms you must not use any services made available through our Website, which means that for instance you cannot purchase any of our products.

Please read this document thoroughly before you tick “I accept” as the Terms and conditions  contain important information regarding your legal rights and obligations and they do include various limitations and exclusions, and a clause that governs the jurisdiction and venue of disputes. By ticking the “I accept” button you’ve officially “signed” the Terms and Conditions document and you agree to be bound by them and any modifications that might be introduced to the Terms and conditions from time to time. That means that you (and we) have entered into a legal agreement.

The Website is owned and operated by Matuu, a sole proprietorship by Roksana Zygar incorporated under the law of the Netherlands with its registered office at Adriaan Dorsmanstraat 65, 1067 XA, Amsterdam, the Netherlands. Our KvK nummer is 68645414 and BTW: NL562169581B01.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any NOTICES that you wish to send us should be send by email to the email address provided on our Contact page http://matuu.eu/contact-us/. All notices addressed to you shall be given to the email address that you provided us with.

OFFERS

All offers are without engagement and free of obligation. That means that we may revoke an offer up to three working days from receipt of its acceptance. We reserve the right to adjust our prices whenever we would like or need to. Any price quotation supersedes a former quotation.

VAT (Value Added Tax) - in Dutch: BTW (omzetbelasting)

All prices on our Website are including 21% Dutch VAT. For every product that we ship to a European country we must (or rather the Dutch tax authorities make us do so) charge 21% Dutch VAT.

SHIPPING COSTS

Prices are excluding shipping costs. You may find all our latest shipping information including shipping prices at: shipping info page

ORDERING

Upon receipt of your order we will send you an automated email acknowledging that your order has been received by us. This does not mean we have accepted your order yet and we have not yet entered into a contract together.

Your order is subject to acceptance by Us and availability and full payment.

We will review your order and within 24 hours we will send you an email either accepting or declining your order. Only after we have accepted your order we officially have entered into a contract together and your products will be shipped to you.

We reserve the right to postpone, cancel or change any order, even after acceptance of your order, for any reason including, but not limited to:

  • If payment attempt for whatever reasons fails
  • Insufficient stock
  • Our shipping partner does not deliver to your area
  • One or more of the goods you ordered was listed at an incorrect price
  • Due to a typographical error, an error in the invoice or any other error
  • The order differs from the offer
  • We have reason to suspect that there is a risk of a fraudulent transaction

To be able to place an valid order you must:

  1. Be an adult who’s at least 18 years old;
  2. If you sign up on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms And Conditions on their behalf.
  3. Provide true, complete and up to date contact information that includes your full real name and a valid email address.

Please remember that our products are for use in and around the home by consumers and are not generally intended for commercial use or resale. If you plan on using our products for business purposes, please ensure you have appropriate insurance in place as we won't accept any liability for the products not being fit for business use or for any loss over and above the cost of the products.

PAYMENTS

All payments shall be immediately, in full upon ordering, in Euro’s. If a payment attempt fails your order might (and probably will) be canceled. In this situation, please send by email to the email address provided on our Contact page providing the details of the transaction.

SHIPPING DETAILS

You may find all the shipping information at: http://matuu.eu/pages/shipping-info/. The date for delivery is given as accurately as possible but can not be guaranteed. You shall have no right to cancel the order for failure for any cause to meet any delivery time stated.

RETURNS

You may find all our return policy at: https://matuu.eu/pages/refund-policy

TRANSFER OF OWNERSHIP

The title of ownership does not transfer to you until all payments have been paid completely and We have received the payment in full.

SLIGHT DIFFERENCES

Whilst every effort is made to ensure that the products received are identical to the products ordered on our Website, we reserve the right to change the specification. That means that it is possible that for instance the color or details of the product or its fabrics that is shipped to you differs slightly from the one you have seen on our Website.

DEFECTS APPARENT ON ARRIVAL

You shall have no right to claim for defects apparent on inspection unless you inspect the product at the moment of delivery to you and a written complaint is made to us within 7 days of receipt of the product and Matuu is given an opportunity to inspect the goods (for instance via video Call or you can send photo’s via email) and investigate any complaint before any use is made of the goods

COMPLAINTS

If you have any complaints about the products, please send us an email at complaints@matuu.eu. To enable us to review your complaint properly, please include the following information:

  • Your name
  • Date of purchase
  • Item in question
  • Order number
  • Date of noticing the defect
  • Attach Proof of purchase
  • Reason of complaint(with photos if possible)

After a brief analysis we’ll inform you about further steps via email. Mostly likely you would need to send us the item in question. We are obliged to answer the complaints within 14 days since receiving the package. Should the complaint have the foreseeable longer processing time, we will inform you in advance(within 14 days since receiving the item) with a hint when to expect the comprehensive answer.

In case of resolving the complaint in favor of Buyer, we will put the best effort to make you satisfied. If the product is defective, you are eligible to have it fixed or, if possible, exchange without any additional costs. Please keep in mind that due to nature of our business that bases on unique items and items made on measure, we are unable to guarantee you the option to exchange the item for new one. If we are unable to repair the item nor provide you with the new model, you shall receive the refund. The repairment/exchange should be completed within 14 days since resolving the complaint in your favor.

We reserve the right to reject the complaint. In that case Matuu will return the item in question to you within 14 days since the date when the complaint has been rejected, free of charge.

To minimize the risk of incurring the defects, you should follow the washing instruction attached to every order. For a reference, you can always check Handle with care section on our page. We reserve the right to reject the complaint for reasons including, but not limited to:

  • if you, or other people, do not follow the washing instructions
  • if you, or other people, misuse the product
  • if product has been modified, edited or repaired you or other unauthorized people
  • if the damage resulted from improper way of moving or storing the product

PRIVACY

Your privacy is very important to us. We are making every effort to play fair. Keep in mind though that we are reliant of Shopify Inc. as they provide us the technological support for the webshop. Our privacy policy may be found at http://matuu.eu/privacy-policy/

LIMITATION OF LIABILITY

If we are in breach of the Terms, we will only be responsible for any losses you suffer as a result and to the extent that they are a foreseeable consequence of both of us at the time you use the Website and made a purchase through it. We shall not be liable for any indirect losses suffered by you which are a side effect of the main loss or damage and which are not reasonably foreseeable by both of us at the time of use of our site.

NO WARRANTIES

We make no claims as to the quality, safety or legality of any of the content on the Website. Neither can we confirm the accuracy of the content and it is subject to change. You understand and agree that you download or otherwise obtain material or data through the use of the Website at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If you encounter any issues with third-party links, we kindly ask you to provide us feedback so we could prevent it in the future.

INDEMNITY

You agree to indemnify, defend and hold harmless Matuu and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party

CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

NO WAIVER

If we fail to exercise or enforce any right or provision of the Terms this shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

INVALIDITY

If any provision of the Terms is found to be invalid by a court of competent jurisdiction, we both nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms will remain in full force and effect. If a provision of the Terms (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of the Terms will not be affected.

TRADEMARKS AND COPYRIGHTS

We respect the intellectual property of others, and we ask you to do the same. All content on our website, including, but not limited to Matuu’s trademarks and service marks, and all logos, products, images and service names images, illustrations  are protected by international copyright and are the intellectual property of Matuu. You are free to use the images of our products only for your own non-commercial use but you shall not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Trademarks in such a way that implies a relationship, affiliation, or endorsement by us of your product, service, or business and you shall not use any of our Trademarks as part of your own product, business, or service’s name and you shall not alter our Trademarks in any way, or combine them with any other graphics, without prior written consent from us. Modification of the Trademarks, or any portion thereof, or use of the materials for any other purpose constitutes an infringement of copyright and other proprietary rights.

EVENTS BEYOND OUR CONTROL - FORCE MAJEURE

We will not be in breach of the Terms, or otherwise liable for any failure or delay in performance, if, due to for instance force majeure, fulfillment or prompt fulfillment of the contract cannot reasonably be demanded of us and we shall be entitled either to postpone fulfillment or to cancel or dissolve the contract. Force majeure, being any situation beyond our control including, without limitation; strikes, lock- outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident and similar situations including shortage of inventory either within our own operations or in the operations of third parties from whom we must wholly or partially obtain the necessary materials as well as any other causes outside our responsibility or risk, all of this without prejudice to circumstances that may by law be regarded as force majeure.

LAW AND JURISDICTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Adriaan Dorsmanstraat 65, Amsterdam, NH, 1067XA, Netherlands.

The competent court in Amsterdam, The Netherlands, shall have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website or a purchase. You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website.

If a situation or a circumstance occurs for which the provisions of the Terms do not provide a clear answer, we both agree that we will give effect to our intentions as reflected in the provisions of the Terms and that the other provisions of the Terms will remain in full force and effect.


Questions about the Terms of Service should be sent to us at roksana@matuu.eu.