Terms & Conditions

 

General Terms and Conditions of Business

of Mathmos Ltd, represented by Ms. Cressida Granger,

Unit 4, Holton Road, Poole, Dorset BH16 6LG, United Kingdom

Tel. + 44 1202 620114 – Fax + 44 1202 622613

Email: mathmos@mathmos.com

Register of Companies no. 02526274, Companies House, Cardiff

VAT registration no. DE291062226

1. General

1.1 Definitions

Under these General Terms and Conditions of Business (hereinafter referred to as "T&C"), "Manufacturer" shall mean Mathmos Ltd., and "Buyer" shall mean any individual or legal entity that orders or buys goods from the company.

"Consumer" within the meaning of these T&C is any individual who concludes a contract with Manufacturer for purposes not predominantly attributable to its trading business or self-employed activities.

"Entrepreneur" within the meaning of these T&C is any Buyer who on concluding a contract acts in the context of its trading business or self-employed activities.

1.2 Scope of Application

These T&C shall apply to all declarations of intent and contracts between Manufacturer and Buyers, as well as to all acts by Manufacturer in relation to Buyers that constitute legal transactions or are of similar nature. Manufacturer expressly objects to counter-confirmations from Buyer that refer to the latter’s terms of business or terms of purchase; these shall not be integrated in agreements between the parties, unless expressly confirmed in writing by the Manufacturer.

1.3 Realisation of a Contract

The presentations of the goods in catalogues and on the Manufacturer's website shall be non-binding. By placing a purchase order via the website, the Buyer shall make a binding offer to conclude a purchase contract. Any acknowledgement or receipt subsequently sent by the Manufacturer shall not yet constitute acceptance of such an offer. A contract shall be brought about on receipt of the confirmation of the order. Shipping the goods ordered and sending notification of dispatch to Buyer shall be deemed equivalent to an express declaration of acceptance and confirmation of the order by the Manufacturer.

1.4 Contractual Languages and Contract Text

The Manufacturer shall provide the following language versions for concluding contracts: English and German. After placing an order, the Buyer shall receive acknowledgement of the order and the T&C by email. Beyond this, the Manufacturer will store the contract text that the Buyer might access via the Internet after the contract has been concluded.

2. Shipment, Delivery Periods, Part-Delivery

2.1 Unless otherwise agreed, Manufacturer shall deliver the goods to the address specified by Buyer within the European Union.

2.2 Unless otherwise agreed or specifically stated in connection with the purchase order, the delivery period for the goods shall as a general rule be 7 business days, but no more than 18 business days from receipt of the purchase order and payment of the invoiced amount by the customer.

2.3 If the anticipated delivery date changes after the purchase order has been placed, the Buyer shall be automatically informed to this effect by email. Notwithstanding its other statutory rights, Buyer – if it is a Consumer (cf. Item 1.1) – may rescind or alter its purchase order free of charge at any time before the goods are shipped. If Buyer is an Entrepreneur (cf. Item 1.1), it shall set Manufacturer a reasonable period of grace in the event of late delivery.

2.4 If part-deliveries of the goods are made at Manufacturer's own instigation, the subsequent deliveries made shall be without additional shipping costs. If such part-delivery is made at the Buyer's special request, extra shipping costs shall also be charged for each part-delivery.

3. Prices, Shipping Costs, Due Date, Payment

3.1 The prices valid on the date of order shall apply. Unless otherwise agreed, the prices shall include statutory value-added tax at the rate in force at the time, as well as packaging and shipping costs.

3.2 The customer may choose between three different methods of payment (bank transfer, credit card and PayPal). Cash on delivery is not possible. The different payment options are offered to the customer in the "shopping basket".

4. Consumers' Cancellation Right

Consumers (cf. Item 1.1) have a statutory cancellation right, about which Manufacturer provides the following information:

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods.

To exercise the right of withdrawal, you must inform us (Mathmos Ltd., Unit 4, Holton Road, Poole, Dorset, BH16 6LG, United Kingdom, Tel. + 44 1202 620114, Fax. + 44 1202 622613, E-mail: mathmos@mathmos.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We will withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods to Mathmos yourself.

 

Model withdrawal form

  (complete and return this form only if you wish to withdraw from the contract)

  To;

   Mathmos Ltd.

   Unit 4, Holton Road, Poole

   Dorset BH16 6LG

   United Kingdom

   Fax: + 44 1202 622613,   email: mathmos@mathmos.com

 

   I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods

   ....................................................................................................................................................

   Ordered on ................................................/received on ............................................................

   Name of consumer(s)...........................................................................................

   Signature of consumer(s) (only if this form is notified on paper)..........................................................

   Date:.....................................................

 

  
 

5.  Non-Binding Instructions for Returning Goods on Exercising the Cancellation Right

To avoid damage during transport, the Manufacturer requests that to return goods the Buyer should use secure – if possible the original – transportation packaging. However, the Buyer shall not be obliged to do this.

6. Retention of Title

6.1 The goods delivered shall remain Manufacturer's property until the purchase price has been fully paid and all claims arising from the supply contract concerned have been settled.

6.2 If the Buyer is a Business (cf. Item 1.1), it shall, at the time of contract closure assign to the Manufacturer by way of security its entire receivables that accrue from customers on re-selling the goods. The Buyer shall be authorised until further notice to collect such receivables. The Manufacturer may revoke this authorisation and collect the assigned receivables itself only if the Buyer fails to duly perform its own payment obligations.

6.3 If the Buyer is an Business (cf. Item 1.1), it shall give prompt notification of any third-party seizure of goods that are the Manufacturer’s property or joint property. All costs for obtaining extrajudicial clearance of the goods which result from such seizure shall be borne solely by the Buyer.

6.4 As long as the goods are still owned by the Manufacturer, the Buyer shall keep the goods on the Manufacturer’s behalf and store them carefully and in such a manner that they can be unmistakably identified as the Manufacturer's property.

7. Business’ Obligation to Report Defects

7.1 If the Buyer is a Business (cf. Item 1.1), it shall be under obligation to inspect the goods promptly on receipt of the delivery, and to immediately report any visible defects to the Manufacturer. Such notification of defects shall be done in writing. If the Buyer omits to give such timely notification, the goods shall be deemed approved, unless the defect is not visible during inspection. If a defect only emerges at a later date, the defect shall be reported promptly on being discovered; otherwise, the goods shall be deemed approved also in respect of such defects. Sending off the notification of defects in a timely manner shall suffice to preserve Buyer's rights.

7.2 The above obligation to report defects shall not apply in respect of defects fraudulently concealed by the Manufacturer.

8. Warranty

8.1 For goods purchased, there is a statutory right to claim liability for defects. 

8.2 If the item delivered is defective, the Buyer shall call upon the Manufacturer to send a replacement or replaement part. Any time-limit set by the Buyer for this must be reasonable.

8.3 Claims based on material defects shall become statute-barred on expiry of a two-year period from delivery of the item. In the case of goods purchased by Businesses (cf. Item 1.1), claims based on material defects shall become statute-barred on expiry of a one-year period from delivery of the item. Any statutory limitation of rights of recourse shall remain unaffected by this.

8.4 The limitation periods specified in Item 8.3 shall not apply in cases of intent or fraudulent concealment of defects, or if the Manufacturer has assumed a guarantee for the quality of the goods. Nor shall these limitation periods apply to claims based on material defects in cases which involve mortal injury, physical harm or health damage, or in the event of grossly negligent breach of duty or culpable breach of cardinal duty, i.e. a contractual duty performance of which is prerequisite for due implementation of the contract in the first place and may always be relied upon by the Buyer, and which conversely may jeopardise attainment of the contractual purpose if breached.

9. Manufacturer’s Additional Guarantee Terms

Notwithstanding and in addition to the statutory warranty, the Manufacturer may provide a guarantee for certain products. Details can be gathered from the respective guarantee terms enclosed with the goods.

10. Liability

10.1 In relation both to the Manufacturer and to its vicarious agents, claims for damages based on breach of duty or tort and compensation claims for wasted expenditures shall be excluded.

10.2 The limitation of liability specified in Item 10.1 shall not apply in cases where loss or damage has been caused with intent or by gross negligence or in the event of breach of cardinal duty (cf. Item 8.4 of these T&C). Nor shall said limitation of liability apply to loss or damage resulting from mortal injury, physical harm or health damage, if the Manufacturer is responsible for the breach of duty. Moreover, the limitation of liability shall not apply to loss or damage that is based on the absence of a guaranteed characteristic or for which provision is made.

11. Registration on the Website, Access Data

11.1 In principle, registration is not required for placing a purchase order at Manufacturer's online shop, but registration makes it easier to make another purchase at a later date. After registration, a customer account is set up for the Buyer. The access data and usage data including the password (hereinafter called "Access Data") are communicated to the Buyer by the Manufacturer. For security reasons, the Manufacturer shall be authorised to change Access Data. In any such event, the Manufacturer shall communicate the new Access Data without delay.

11.2 The Buyer shall be solely responsible for the protection of its Access Data; it must be kept secret and may not be made accessible to third parties without the Manufacturer's consent. If the Buyer discovers that its Access Data is being used by third parties, it shall be under obligation to immediately alter the data or, if it is unable to do so, notify the Manufacturer without delay.

11.3 If there is good reason to suspect any misuse of Access Data, the Manufacturer shall be entitled to immediately block access. It shall promptly inform the customer of such blocking.

11.4 The Manufacturer shall not be liable for any loss or damage sustained by the customer as a result of Access Data being misused or lost. This shall not apply in cases where loss or damage has been culpably caused by the Manufacturer.

12. Data Protection

The Manufacturer takes data protection very seriously. Its data protection practices comply with the respective data protection regulations in force at the time. All the information concerning the collection, processing and use of the Buyer's personal data is contained in the Privacy Statement.

13. Final Provisions

13.1 The laws of the United Kingdom shall apply to the contract. Application of CISG and provisions of UK private international law is hereby excluded. If Buyer is a Consumer (cf. Item 1.1), the mandatory provisions on consumer protection in force in the country where the Buyer has its normal place of abode shall also apply, if such provisions offer the Buyer greater protection.

13.2 If the Buyer is a Business (cf. Item 1.1), a legal entity under public law or a special trust under public law, Dorset, United Kingdom, shall be exclusive place of jurisdiction for all and any claims arising from the contractual relationship.

For more information on online dispute resolution, please see the European commission's new platform for online dispute resolution.

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