General trading conditions (GTC)

§ 1 Scope
These general trading conditions apply to all business relations between Mattiza systems and its customers in the current version at the time of the contract conclusion. our general trading conditions apply exclusively. Opposing or deviating conditions of our trading conditions by the customer are not recognized. It applies excluding the right of Switzerland. Both other national rights and the international purchase right are excluded.

§ 2 Prices
The prices understand themselves inclusive value added tax. The price is relevant at the time of the order entrance. With appearance of a new price list or a catalog, all past price lists lose their validity. Mistakes are reserved.

§ 3 Contract conclusion
The representation of the assortment of Mattiza medical systems Ltd. on computers callable over the InterNet does not place an offer in terms of iSd §§ to 145 FF BGB. As the customer orders by email at Mattiza systems, he makes an offer in terms of iSd § 145 BGB. The contract with Mattiza systems accomplishes if Mattiza systems accepts this offer. The acceptance takes place under the reservation of the availability of the ordered commodity or service. The explanation of the acceptance by Mattiza systems opposite the customer is not necessary; the customer abdicates in terms of iSv § to 151 S. 1 BGB. If Mattiza systems cannot accept the offer of the customer, this is communicated to the customer in electronic form.

§ 4 Delivery
Mattiza systems will as immediately as possible deliver the ordered commodity to the address indicated by the customer in the order after the payment receipt . Mattiza systems is authorised to partial deliveries. All risks and dangers of dispatching turn to the customer, as soon as the commodity is hand over to he logistics partner assigned by Mattiza medical systems Ltd. Data hand over about the prospective time for delivery are noncommittal.

§ 5 Damages in transit
If damage is recognized, Mattiza systems has to be informed by telephone in each case under info@Penitube.com. The customer has to lodge a complaint outwardly visible damage immediately with the responsible logistics partner and make a report at Mattiza systems With outward soundness if damage is only determined with unpacking, then the customer must lodge a complaint with the responsible logistics partner within 7 days after assumption of the transmission and make a report at Mattiza systems The customer in each case had to confirm the damage by the logistic partner. A possibly following return must be agreed upon with Mattiza systems and at the expense of the customer first. Unfreely transmissions are not accepted by Mattiza systems

§6 Due-date and payment
Mattiza systems accepts only payment methods indicated on www.Penitube.com. The purchase price becomes due with contract conclusion. Mattiza systems accepted onl$y prepayement. If the customer selects as payment method direct debit, he gives thereby Mattiza systems a direct debit authorization on its account for all due amounts. The customer explains that he has the indicated account. The indication of a wrong account is brought as fraud to the announcement. During nonredemption of the amount (e.g. for lack of covering on the account) the customer explains itself in agreement with the fact that the costs arising will be carried by the customer (at present 7. - Euro per not redeemed debit). The customer is only entitled to the set-off, if its counterclaims are recognized by Mattiza systems validly determined and undisputed.

§ 7 Countermand
The customer is entitled to recall its declaration of intention directed toward the conclusion of a contract within 2 weeks after receipt of the commodity by sending the commodity back at Mattiza systems An non-acceptance of a package is considered as return. The costs of the return from goods to a value till 40, - euro carries the consumer, unless those supplied commodity or service disaccords to the ordered. If the value of the goods is over 40,- euro Mattiza systems will cover the costs of the return. In the case of revocation Mattiza systems pays the purchase price back at the customers. From Mattiza systems already paid return costs will be deducted in terms of Abs. 2 HS 1. For payments to foreign banks, bank fees will be deducted. With substantial degradations or a loss of the commodity the customer has to replace the appropriate depreciation to Mattiza systems If the customer already paid the purchase price, Mattiza medical systems Ltd. is justified to take the depreciation off from the amount of repayment. In individual cases the depreciation can correspond the paid purchase price.

For the rest means § 3 Abs. 2 FernabsG. Repayment s of the purchase price are only done to an account, cash payments can not be made.

§ 8 Warrantee
Mattiza systems becomes for lack, which are present at the disposal of the goods, during one guaranteed period of 2 years in accordance with the following rules. The customer will communicate immediately arising lack to Mattiza systems If a lack representing from Mattiza systems to is present, Mattiza systems will eliminate these after own choice by removal or by replacement. If the defect removal or replacement fails, if Mattiza systems is not able, or retards these beyond inadequate periods for reasons, which Mattiza systems has to represent, the customer is allowed to cancel the contract or to require a reduction of the purchase price.

§ 9 Data security
Basis for this are the valid and in each case legal regulations. Federal Law for Data Protection storage and processing of personal data: Mattiza systems commits itself to protect the privacy of all our customers and to treat the personal data confidentially. (BDSG) information and communication law (IuKDG).

The data received from you are stored. Use of personal data with delivery of an order the orderer explains himself in agreement to receive information from Mattiza systems obout offers. If this use is no longer desired, then this has to be communicated in writing to Mattiza systems The customer data will be deleted than. Passing on of information Mattiza systems does not pass personal data on to third (only address to Logisticpartners for shipping). Mattiza systems customer receive Emails from Mattiza systems only if they explained their agreement

§ 10 Adhesion
For damage because of absence of characteristics, which Mattiza systems assured, as well as for damage, which was caused by resolution or rough negligence of their legal representatives, Mattiza systems is liable. The adhesion for other damage, which results to the customer by a delay of Mattiza medical systems Ltd., from one Mattiza systems to impossibility which can be represented or from the injury of an obligation, whose observance for the reaching of the contract purpose is of special importance (cardinal obligation), on such damage limited, which is due to the contractual use of the commodity typical and foreseeable. In a such case the adhesion is limited to an amount at height of the purchase price paid after the respective order. A large adhesion, in particular for damage, which did not develop at the commodity, for escaped profit or other financial damages of the customer, is impossible.

§ 11 Final clauses
The present Treaty is subject exclusively to the material right of Switzerland. The area of jurisdiction is Berlin. The invalidity of individual regulations does not affect the validity of the remaining trading conditions. The ineffective regulation was replaced by one, which corresponds to the economic purpose of the intended regulation.


State: 07/2007