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Terms and Conditions FUCHSIUS multi-media GmbH 
(AGB Download - german, english, indonesian language)

I. General, (part of our terms and conditions is ours
Privacy Statement according to EU Data Protection Regulation (DSGVO)

Terms and Conditions FUCHSIUS multi-media GmbH (AGB download)

1. The following terms and conditions are part of the contract for all current and future delivery contracts, unless they are expressly modified or excluded in the contract; any earlier terms and conditions that are different are hereby invalid.

2. Deviating terms and conditions of the customer do not bind the supplier, even if he does not expressly object to them. By placing orders, the customer accepts these terms of delivery as legally binding.

3. The contract remains binding in the remaining points even if individual points of its conditions become legally ineffective.

4. Specially manufactured and/or tailored products are generally non-returnable.

II. Scope of the obligation to deliver

1. The scope of the order results from the offer and/or the written order confirmation from the supplier. The basis for custom-made products are, among other things, the dimensions and format specifications confirmed by us. In the case of verbal, telephone or e-mail orders, the supplier's written order confirmation is decisive. The offers are non-binding until the order has been confirmed in writing; Subject to prior sale. Subsidiary agreements require written confirmation. Cutting and installation on site are not included unless specifically confirmed. 

2. The documents belonging to the offer, e.g. B. dimensions, are only approximate unless they are expressly designated as binding. The supplier reserves the right to make technical changes during the delivery period, insofar as the object of purchase is not fundamentally changed in terms of function and appearance and the change is reasonable for the contractual partner.

3. The mat colors shown in the brochures or in the attached files or on our website may deviate from the original colors because the colors appear different due to the different light reflections on paper and textile or uncalibrated monitors. Only the original color samples can be binding.

4. Our standard pile widths for mats include approx. 82cm, 112cm, 147cm and 197cm as raw goods, i.e. before vulcanisacion. Mats with a surrounding rubber edge are manufactured with standard initial widths of approx. 85cm, 115cm, 150cm and 200cm (measurements before vulcanisacion) Experience has shown that the mats shrink approx. 3-5% during coating (vulcanisacion) and later use

5. If mats are to be fitted flush into the frame, vestibule, door frame, etc. or laid to match an area to be covered, we need the exact inside dimensions of the frame or the dimensions of the area to be covered. We calculate the necessary shrinkage surcharges according to point 4 up to a maximum width of 200 cm with a border or 197 cm without a border (measurement before coating and vulcanizing) and offer them individually. On request, the mats are produced in oversize, pre-washed several times and then dried before delivery. The mats are then delivered oversized, if necessary without a surrounding edge, and must be cut in on site by the customer.

6. Unless otherwise agreed, our mats are supplied in a rectangular shape with or without a border. Non-rectangular mats (freesize version) can also be manufactured with or without a surrounding rubber edge. For this we need precise templates with the corresponding measurements. Since the individual cutting cannot be done by machine, the higher time required for manual cutting must also be calculated. This depends on the shape and type of cutting. We need the details of the desired cut with exact dimensions, if possible with a sketch.

7. The supplier reserves the right of ownership and copyright to cost estimates, drawings and other documents of the offer; they may not be made accessible to third parties. If the order is not placed, they must be returned to the supplier immediately upon request.

8. Partial deliveries are permitted.

9. By placing this order, the customer confirms that the ordered trademarks, company symbols and lettering may be used.

III. Prices and terms of payment

1. The prices apply ex works or branch of the supplier excluding packaging and freight. These will be charged extra unless expressly agreed otherwise in the offer or in the order confirmation.

2. The packaging will not be taken back, unless it is a question of delivery on pallets if they are the property of the supplier.

3. If material prices or wages and salaries increase three months after the conclusion of the contract, or if taxes and duties are increased, the supplier is entitled to adjust his prices accordingly. Down payments and advance payments have no influence on the prices. They will be credited and offset against the final price.

4. First deliveries and orders with a goods value of less than €350.00 can be charged cash on delivery without deduction, otherwise payment is net cash immediately after the invoice date, unless other payment terms have been agreed with the order confirmation.

For orders of €3,000.00 and higher, the supplier reserves the right to request one third of the order amount in cash after receipt of the order confirmation, one third after notification of readiness for dispatch and the rest after delivery has taken place. If the delivery is delayed for reasons for which the supplier is not responsible, the supplier can demand two-thirds of the contract amount as a down payment, even for orders up to €3,000.00.

Checks and bills of exchange are only accepted as payment and without guarantee for protest. The costs for discounting and collection are at the expense of the customer. In the event of default, the supplier is entitled to charge interest at the usual bank rates for credit claims.

5. If, after conclusion of the contract, circumstances become known that are likely to reduce the customer's creditworthiness, all claims become due regardless of the term of any bills of exchange accepted. Circumstances of this type also entitle the supplier to carry out outstanding services only against advance payment or provision of security, and to withdraw from the contract after a reasonable period of grace has expired or to demand compensation for non-performance.

IV. Retention of title

l. All deliveries are subject to retention of title. Ownership is only transferred to the customer when he has fully paid off his liabilities from the deliveries. This also applies if the purchase price for certain deliveries of goods specified by the customer has been paid. In the case of a current account, the retention of title shall serve as security for the supplier's balance claim.

2. The customer is entitled to sell the delivered goods in the ordinary course of business under his normal terms and conditions. Pledges or transfers of security are prohibited.

3. The customer must inform the supplier immediately of any attachment or any other impairment of his rights by third parties. If the customer sells the delivered goods, he hereby assigns to the supplier all claims against his customers arising from the change, including all ancillary rights, until they have been paid in full. At the request of the supplier, the customer is obliged to inform his customers of the assignment and to provide the supplier with the information required to assert his rights.

4. The assertion of the retention of title and the pledging of the delivery item are not considered withdrawal from the contract, unless otherwise provided by law.

V. Delivery time

1. After the order has been confirmed, the delivery period only counts from the day on which all details of the order have been clarified, i.e. after receipt of all documents. It is non-binding, but calculated in such a way that it can be retained if production runs regularly.

2. Breakdowns in our own operations or at sub-suppliers, cases of force majeure, war, riots, lockouts, strikes, fire, confiscation, rejection of an important work piece, restriction of the energy supply and late receipt of essential raw materials release the supplier from meeting the delivery deadlines. If the delivery is delayed or becomes impossible due to these circumstances and the supplier is not at fault, the customer's claims for damages are excluded. In the event of objective impossibility, both parties have the right to withdraw from the contract.

Vl. Passing of Risk, Shipping and Return of Goods

1. The supplier always ships at the expense and risk of the customer, even in the case of carriage paid deliveries. The risk passes to the customer as soon as the shipment has left the warehouse.

From the same point in time, the customer is liable for any damage that may occur to third parties. If the goods are ready for dispatch and dispatch or acceptance is delayed for reasons for which the supplier is not responsible, the risk is transferred to the customer upon receipt of notification of readiness for dispatch. The supplier is entitled to store these goods elsewhere at the expense of the customer and for his account and risk if the acceptance obligation is delayed by more than 4 weeks.

2. Dispatch route, type of dispatch and means of dispatch are left to the supplier to the exclusion of liability and without guarantee for the cheapest transport.

3. Return costs: Buyer bears the direct costs of returning the goods Return conditions: see the following information:

Right of withdrawal for consumers, taking into account §1 general, point 4

(Consumer is any natural person who concludes a legal transaction for purposes that

predominantly cannot be attributed to either your commercial or your self-employed professional activity).

You have the right to revoke this contract within 1 month without giving reasons, taking into account §1 general, point 4.

The cancellation period is 1 month from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us

FUCHSIUS multi-media GmbH
Dipl.-Ing. University of Applied Sciences Dieter Fuchsius
Fischerstrasse 2
85737 Ismaning / Germany
Telephone : +49 89 54 55 82 64
Email: info@matten.de

inform you of your decision with a clear statement (e.g. by a letter sent by post or by e-mail) to withdraw from this contract. You can only withdraw informally in writing, e.g. by e-mail or post. To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of your right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Vll. Damage in transit and insurance

1. Transport damage must be reported immediately upon receipt of the goods. In the case of rail transport, an official railway certificate must be requested from the goods handling department in order to assert claims for compensation for the damage. This must be sent to us immediately. Failure to obtain this certificate will result in any claim for compensation being denied.

2. The goods will only be insured against transport damage at the request of the customer. In this case, the supplier calculates the costs incurred, but assumes no responsibility for the implementation of the insurance.

VIII. warranty claims

Obvious defects must be reported in writing within 8 days of receiving the goods. Dimensional deviations (also as described in section II.4) and color deviations, in particular possible color variations between monitor displays and printed templates and the original colors, are unavoidable and cannot be contested. Only our original color samples are binding; however, color variations from batch to batch are possible in reprints of previous deliveries.
 
Even with the same color number, possible color variations may occur between different floor and mat qualities. This is especially true when different mat qualities are laid next to each other. Note that color reproduction may vary depending on the direction of the pile and the ambient light.
 
Coconut velor is a high-quality natural product. Please note that this product sheds fibers. Coconut fibers are not a continuous fiber type. When shorter and longer fibers are spun together, fiber beginnings and ends may be present in every centimeter of yarn. When this coconut fiber is cut in cross-section to form the velor surface, short and very short coconut fibers naturally remain loose at the cut edge, their ends not embedded in the PVC backing. With use, and especially when exposed to moisture, these fiber remnants detach and appear as lint or fibers on the surface. This is a normal characteristic of all cut coconut velor and does not affect the quality of the product or the material in any way. With use, the base of the coconut mat will eventually become somewhat matted, and the shedding will decrease.
 
Dyeing (in colored coconut velor): With natural products like coconut fibers, it is not possible to achieve indanthrene dyeing with complete penetration and total lightfastness. The fiber's outer layer is dyed. Since coconut fiber itself is almost white, lighter areas may be visible at the cut edges of a coconut velor. Dyes that intensify the color of coconut yarn and prevent this effect have been withdrawn from the market by manufacturers. Instead, only dyes with less toxic effects on humans may be used. As a result, the intensity of the color penetration has decreased slightly, along with a reduction in lightfastness.
 
Generally, if the goods are defective due to material and/or manufacturing defects or properties not previously described, or if they lack warranted characteristics, the supplier is obliged, at their discretion, either to repair them or replace them free of charge with flawless goods. The buyer retains the right, if repair or replacement fails, to demand a reduction in price or, at their option, to rescind the contract.
 
However, this only applies if the buyer has not altered the goods.
 
All pile mat products have a limited dirt-absorbing capacity, which varies depending on factors such as the design, pile quality, pile height, and pile density. The lifespan and durability of the pile material are significantly influenced by proper, professional mat maintenance. It is primarily not the number of times the mat is walked on that affects the lifespan of the pile material, but rather the dirt embedded in the pile. If the dirt is not washed out or at least thoroughly vacuumed, it can harden and compact due to moisture and the components within the dirt itself, becoming almost concrete-like. The sharp edges of this embedded dirt layer can damage the pile, even shearing it off and significantly reducing its thickness. For warranty claims on pile mat products, proper, professional mat maintenance is a prerequisite in addition to the conditions specified under "VIII. Warranty Claims."
 
Further warranty claims by the customer are excluded. Liability is excluded if the goods are no longer in the condition they were delivered in, i.e., In particular, if the customer has already installed or used the goods and/or has arranged or carried out modifications or repairs.
 
Warranty claims expire six months after receipt of the goods. Claims for damages are limited to cases of gross negligence or intent.
 
1. The place of performance is the supplier's registered office.
 
2. The place of jurisdiction is Munich. This also applies to actions on bills of exchange and checks. If the buyer is a businessperson within the meaning of Section 4 of the German Commercial Code (HGB) or a non-merchant, it is hereby expressly agreed that claims may be asserted at the court of Munich by way of summary proceedings (Sections 688 et seq. of the German Code of Civil Procedure (ZPO)) (Section 38 Paragraph 3 No. 2b ZPO).

In accordance with its data protection declaration in accordance with the EU Data Protection Regulation (DSGVO), the supplier points out that data required for contract processing is stored in its data processing system.

FUCHSIUS multi-media GmbH * HRB161064 AG Munich * Managing Director: Dipl.-Ing.Dieter Fuchsius * +49 171 77 55 400
Fischerstrasse 2 * D-85737 Ismaning * Tax no. 143 13880 428 * General terms and conditions fmm 01/18