Terms & Conditions

Placing an order on the Matterhorn Wholesaler website means that the Buyer agrees to the following terms and conditions of cooperation.

Matterhorn is a wholesaler (hereinafter referred to as: the Wholesaler) and sells products only to the business entities and self-employed resellers. The ordering party (hereinafter referred to as the Buyer) declares that he/she performs this action on behalf of and for the benefit of the business entity. Sales at the Matterhorn Wholesale website are not subject to consumer law regulations. The owner of the Matterhorn Wholesaler is the company Matterhorn Moda Sp z o.o. with headquarters in Mysłowice, Katowicka Street 51, Poland. Tax Identification Number (TIN): 8961552779, VAT EU: PL 8961552779 REGON: 364871017.

Placing an order

The Buyer may place an order manually on Matterhorn website or automatically though API. The Wholesaler requires no minimum order quantity. While placing an order, the Buyer is obliged to provide invoicing and shipping details (including the name of the company and the correct VAT EU number in case of European Union based entities). If the shipping address and billing address are different, this should be noted in the “additional information” field. The invoice will be issued on the basis of data provided by the Buyer. The Wholesaler is not liable for errors resulting from a system failure or for errors caused in the course of communication between the Buyer and its servers. The Wholesaler is not responsible for incorrect data provided by the Buyer while placing an order. In particular, shipping costs, VAT rate or price of goods can not be considered as final and are subject to correction. The Buyer is obliged to provide the Wholesaler with a correct email address and mobile phone number during the checkout process. Unsuccessful deliveries of orders without this information cannot be compensated. The Wholesaler reserves the right to refuse to fulfill the order or a part of the order. If an ordered product is not available at the time when the order is being completed, the Wholesaler provides the Buyer with available products from among those ordered, and the amount of money of the unavailable product, which has already been paid for, is transferred in the form of an overpayment to the Buyer’s balance of payments. The overpayment may be used by the Buyer for a next order. Upon the request of the Buyer, addressed in a written form, the overpayment will be refunded to the Buyer in a manner agreed between the Wholesaler and the Buyer. By default, the refund will be executed in the same manner as initial payment. The Buyer is obliged to monitor his/her order in the customer panel on the Wholesaler’s website. All information regarding product shortages will appear in this customer panel. The goods are ordered after pressing the “ORDER” button on the Wholesale website and prior submission of all necessary data. By placing an order, the Buyer also gives the Wholesaler the permission for keeping the Buyer’s personal data in the Wholesaler’s database. The data will be used only to fulfill the order and for marketing purposes.

Products and website content

The assortment offered by the Wholesaler is brand new. It comes from legal sources and is free of defects. The Wholesaler has made every effort to ensure that descriptions and photos of products in our store have been checked, however, we are not responsible for changes made by the manufacturers and description mistakes. Any changes in prices are due to changes in manufacturers’ prices. The Wholesaler gives the Buyer access to integration files: XML, CSV and Excel format. These files include the following information: product ID numbers, stock availability, description in 11 languages (Polish, English, French, German, Netherlandish, Romanian, Italian, Hungarian, Russian, Czech and Slovakian), link to photos, prices (VAT excluded). The Wholesaler gives the Buyer access to API documentation. The Wholesaler is not responsible for technical assistance.

Processing time and the delivery

The standard processing time is 1-5 working days. The time needed to complete the order for a given product is indicated in the shopping basket and in the XML file available at the website. The delivery takes an additional couple of days. Therefore, the receiving time = processing time + delivery time. For reasons beyond the control of the Wholesaler, such as invalid address, customs clearance procedures or other causes, the delivery time may take longer. The Wholesaler starts processing each order after receiving the payment. In case of payment by bank transfer, the Buyer may send the Wholesaler a confirmation of payment, to speed up the processing of an order. The products are reserved after the payment is credited to the Wholesaler’s account. The Wholesaler does not allow for cancellation of an order or making any changes to an order once the payment has been credited to the Wholesaler’s account. The Wholesaler offers the following shipping methods: GLS, Fedex Economy, Fedex Priority and Global Express, which is a Netherlandish Post. The choice of the delivery methods is different, depending on the country. The shipping labels contain the Wholesaler’s data (the name of the company, the shipping address and the phone number). Before collecting the parcel, the Buyer is obliged to check whether the packaging has not been damaged during the transport. In particular, the Buyer should pay attention to the condition of tapes or seals affixed to the shipment. If the package is damaged or the seals (tapes) are broken, the Buyer should not accept the parcel and make a damage report in the presence of the carrier and contact the Wholesaler as soon as possible to clarify the matter. Checking the parcel on delivery is a necessary condition to take into account any claims of the Buyer for damage or robbery of the shipment in transit. Product guarantees do not include mechanical damage caused by external factors. The Buyers from non-EU countries are required to pay duty and a custom clearance fee in the country of destination, known as import customs clearance fee. If the Buyer refuses to pay them in the destination country, he or she should be aware of the fact that the Wholesaler does not take any responsibility for that. If such an order is returned, the Wholesaler will not refund the costs incurred by the Buyer. For further information, the Buyer should contact his/her local customs office.

Payment terms and prices

All the prices listed on the Matterhorn Wholesale website are wholesale net prices (they do not include VAT). The issued VAT invoice is attached to the shipment or available to download on the Wholesaler’s website. The Wholesaler does not issue collective invoices. A separate invoice is issued for each order. The Wholesaler accepts payments by credit card, bank transfer or PayPal.

Product return policy

The Wholesaler does not accept returns. Purchases at the Matterhorn Wholesale are not consumer sales and do not apply to the consumers. Only business entities or self-employed resellers of any kind are allowed to make a purchase. Therefore, the orders can not be returned.

We do not accept returns under consumer law because we deal with B2B sales. However, we offer a return service, the conditions of which you can find out in the help section.

Only damaged products are subject to exchange. The Buyer is obliged to contact the Wholesaler in writing within 48 hours after receiving the parcel. The Buyer is obliged to return such a product to the Wholesaler and the Wholesaler needs to receive such a return within 7 working days from the date of informing the Wholesaler about such issue. All the returns need to be sent to the following address:

MATTERHORN MODA SP Z O.O.

51 KATOWICKA

41-400 MYSLOWICE, POLAND

The Buyer is obliged to describe in detail the defective product and attach photos showing the damage within 48 hours after receiving the parcel. All the return costs and customs duties are to be incurred by the Buyer unless otherwise instructed. The Wholesaler does not accept complaints, returns nor exchange requests from the customers who are customers of the Buyer. The Wholesaler is not obliged to refund the Buyer in the following cases: the return is missing the detailed description of the damage, the original packaging (shoe box, dust-proof bag) is missing or damaged, order number is missing, the return is unauthorized, return deadline is over. The refund is provided in the form of credit on the Buyer’s account, within a maximum of 7 working days from receipt of the product by the Wholesaler. This credit is then automatically deducted when a new order is placed. If the Buyer does not want to use the money on the next order, the Wholesaler is obliged to refund the money by the same method of payment with which an original payment was made. The Buyer is obliged to read thoroughly the information on cooperation terms that has been put on the Matterhorn website. If you have any further questions, please contact us: info@matterhorn-wholesale.com.

Warranty

Pursuant to Article 558 § 1 of the Civil Code of the laws of the Republic of Poland, the Seller's liability under warranty for defects in goods is excluded.

Buy Now Pay Later option

On the matterhorn-wholesale.com webshop, it is possible to pay for the purchased goods not immediately, but at a later date. We provide this with the help of an external financial partner, PastPay Europe Sp. z o.o. (PastPay) through its payment method called PastPay. In this case, if you select PastPay as the payment method at checkout and PastPay undertakes to finance the given transaction, PastPay will buy the invoice issued by the Service Provider to you, therefore it will purchase the Service Provider’s claim against you and pays the invoice value to the Service Provider instead of you. In such cases, the invoice issued by the Service Provider already contains the unique legal features of the scheme and all the necessary information. It is IMPORTANT that after the assignment of the invoice, your payment obligation remains with PastPay, which can only be paid to the bank account number of PastPay indicated on the invoice. You must fulfill your payment obligation no later than the due date of the invoice, otherwise a flat rate of 40 euros will be charged. By using PastPay, you consent to the forwarding of your contact details (name, email address, phone number) to PastPay. This is primarily necessary so that we can send you the information and notifications necessary for the grant and the payment process. You can find PastPay’s Privacy Policy here. In the event that PastPay does not undertake to finance the given transaction, this payment method is not available – of course, you still have the option of making the purchase, please choose another payment method in such a scenario.

Personal data controller

The administrator of personal data within the meaning of Article 4 point 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) is Matterhorn Moda Sp. z o.o. based at 51 Katowicka Street, 41-400 Mysłowice, NIP: PL8961552779.

Contact details of the data controller

Telephone number: +48 503 503 875

E-mail address: info@matterhorn-wholesale.com

Principles of personal data protection

The data controller, in accordance with Article 32(1) of the RODO, shall observe the principle of personal data protection and shall take appropriate technical and organizational measures to prevent accidental or unlawful destruction, loss, modification, unauthorized disclosure or unauthorized access to personal data processed in the course of its activities.

Voluntariness of providing data

Provision of personal data is voluntary, but necessary to establish cooperation and/or enter into a contract with the data controller.

Scope of personal data processed

The data controller processes personal data in the form of identification data (name, surname, company name), address data, tax identification number and other registration numbers, contact data (e-mail address, telephone number) and identification data of persons indicated for contact.

Purpose and basis of personal data processing

The data controller processes personal data for the following purposes:

• preparation of a commercial offer in response to a customer's interest, which is a legitimate interest of the data controller (Article 6(1)(f) RODO);
• Provision of services electronically through the Portal, based on the concluded agreement (Article 6(1)(b) RODO);
• handling of the complaint process, based on the obligation imposed on the data controller in connection with applicable laws (Article 6(1)(c) of the DPA);
• Accounting - related to the issuance and receipt of accounting documents, based on the provisions of tax law, including the Accounting Act of September 29, 1994 and the Value Added Tax Act of March 11, 2004 (Article 6(1)(c) of the DPA);
• archiving of data for possible establishment, investigation or defense of claims or the need to prove facts, which is a legitimate interest of the data controller (Article 6(1)(f) RODO);
• contact by phone or email, in particular in response to inquiries made to the data controller, which is a legitimate interest of the data controller (Article 6(1)(f) of the DPA);
• sending technical information regarding the operation of the Portal and the services used by the customer, which is a legitimate interest of the data controller (Article 6(1)(f) of the DPA);
• marketing of the controller's own products, which is a legitimate interest of the controller (Article 6(1)(f) of the DPA) or based on prior consent (Article 6(1)(a) of the DPA).

Recipients of data. Transfer of data to third parties

Recipients of personal data processed by the data controller may be entities cooperating with the data controller when it is necessary to perform a contract concluded with the data subject. Recipients of the data may also be subcontractors - entities used by the data controller for data processing, such as accounting firms, law firms, IT service providers (including hosting services). The data controller may be obliged to make personal data available on the basis of applicable laws, in particular to authorities or institutions entitled to receive them.

Personal data may be transferred to entities located outside the European Economic Area, i.e. Google LLC as a provider of Google Analytics and Google AdWords under the relevant legal safeguards, which are the standard contractual clauses for the protection of personal data approved by the European Commission.

Period of storage of personal data

The Administrator shall keep personal data for the duration of the contract concluded with the data subject, and after its termination for the period necessary to assert claims related to the contract, fulfill obligations under applicable laws, but not longer than the period of limitation under the provisions of the Civil Code. The Administrator shall keep personal data contained in accounting documents (e.g. invoices) for the period specified in the provisions of the Value Added Tax Act and the Accounting Act. The Administrator retains personal data processed for marketing purposes for a period of 10 years, but no longer than until you withdraw your consent to processing or object to processing. The Administrator shall store personal data for purposes other than those indicated in items 1-3 for a period of 3 years, unless the consent to data processing has been withdrawn earlier and data processing cannot be continued on any other basis than the consent of the data subject.

Rights of the data subject

Every data subject has the right:

• access - to obtain confirmation from the data controller as to whether his personal data is being processed. If a person's data is processed, he or she has the right to access it and receive the following information: the purposes of the processing, the categories of personal data, information about the recipients or categories of recipients to whom the data have been or will be disclosed, the data retention period or the criteria for determining it, the right to request rectification, erasure or restriction of the processing of personal data to which the data subject is entitled, and the right to object to such processing (Article 15 RODO);
• to receive a copy of the data - to receive a copy of the data being processed, the first copy is free of charge, and for subsequent copies the data controller may charge a reasonable fee based on administrative costs (Article 15(3) of the RODO);
• rectification - to request the rectification of incorrect personal data or the completion of incomplete data (Article 16 RODO);
• Erasure - to request the deletion of your personal data if the controller no longer has a legal basis for processing it or the data is no longer necessary for the purposes of processing (Article 17 of the DPA);
• Restriction of processing - to request restriction of processing of personal data (Article 18 RODO) in case:
• the data subject questions the accuracy of the personal data - for a period that allows the controller to verify the accuracy of the data,
• the processing is unlawful and the data subject objects to its erasure, requesting instead that its use be restricted,
• the controller no longer needs the data, but it is needed by the data subject to establish, assert or defend a claim,
• the data subject has objected to the processing - until it is determined whether the controller's legitimate grounds override those of the data subject;
• Data portability - to receive in a structured, commonly used machine-readable format the personal data concerning him or her that he or she has provided to the data controller, and to request that the data be sent to another data controller if the data are processed on the basis of the data subject's consent or a contract concluded with him or her, and if the data are processed by automated means (Article 20 RODO);
• Objection - to object to the processing of his or her personal data for legitimate purposes of the controller, on grounds related to his or her particular situation, including profiling. In such case, the controller shall assess the existence of valid, legitimate grounds for the processing overriding the interests, rights and freedoms of the data subject, or grounds for establishing, asserting or defending claims. If, according to the assessment, the interests of the data subject outweigh the interests of the controller, the controller will be obliged to cease processing for those purposes (Article 21 of the DPA).

In order to exercise the aforementioned rights, the data subject should contact the data controller using the contact details provided and inform him/her which right he/she wishes to exercise and to what extent.

The data subject has the right to lodge a complaint with the supervisory authority, which is the President of the Office for Personal Data Protection in Warsaw.