These general terms and conditions of MAMQUAM GmbH (hereinafter "MAMQUAM") govern the rights and obligations in connection with the use of the website
www.mamquam.com and the online shop on this site. Between MAMQUAM and its customers, the following General Terms and Conditions (GTC) apply in the version that is currently available and valid at the time of conclusion of the contract.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
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. A customer is any natural or legal person who has business relationships with MAMQUAM. The terms and conditions, the terms of delivery and payment as well as the data protection regulations can be adapted from time to time.
These terms and conditions apply exclusively. Conflicting, supplementary or divergent terms and conditions require the express written confirmation of MAMQUAM. The user confirms when using
www.mamquam.com or when ordering a product from MAMQUAM that he/she is concluding a contract to these terms and conditions, including the terms of delivery and payment, to fully recognize.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The operator of this website
www.mamquam.com is the MAMQUAM GmbH, Riedpark 9. 6300 Zug. Switzerland. Throughout the site, the terms “we”, “us” and “our” refer to MAMQUAM. MAMQUAM offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
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.
2. Online store terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
3. Information on this Webseite
www.mamquam.com contains information about products. Price and assortment changes as well as technical changes remain reserved. All information provided on
www.mamquam.com (product descriptions, illustrations, films, weights, technical specifications and other information) is to be understood as approximate and does not constitute an assurance of any particular characteristics or warranties unless explicitly stated otherwise. MAMQUAM endeavors to provide all information and information on
www.mamquam.com in a correct, complete, up-to-date and clear manner, but MAMQUAM can not guarantee either expressly or tacitly.
All offers on
www.mamquam.com are non-binding and are not to be understood as a binding offer.
MAMQUAM can not guarantee that the listed products will be available at the time of order. Therefore, all information on availability and delivery times are without guarantee and may change at any time without notice.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
The prices on
www.mamquam.com include, unless otherwise stated, the statutory VAT and shipping costs. The prices are in Euro (EUR).
Subject to technical changes, errors and misprints, in particular MAMQUAM may change prices at any time without prior notice.
5. Product or Service
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5. Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6. Contract conclusion
The offers on
www.mamquam.com are a non-binding invitation to the customer to order products. By placing an order via
www.mamquam.com, including the acceptance of these terms and conditions, the customer makes a legally binding offer to conclude the contract. MAMQUAM then sends an automatic "order confirmation" by e-mail confirming that the customer's offer has been received by MAMQUAM. Orders placed are binding on the customer. The contract for the sale of goods is concluded as soon as MAMQUAM sends a declaration of acceptance by e-mail confirming the shipment of the ordered products or services.
Orders are delivered only after full payment and if the goods are available. If the payment is not received within 7 calendar days of the acceptance by MAMQUAM or if, after acceptance, that the ordered goods can not be delivered or not delivered in full, MAMQUAM is entitled to withdraw from the entire contract or from a contractual part. If the customer's payment has already been received by MAMQUAM, the payment will be refunded to the customer. If no payment has been made, the customer is exempted from the obligation to pay. MAMQUAM is not obligated to substitute deliveries in case of contract termination.
7. Payment options
When the goods are purchased, the customer has the payment options specified in the order process.
MAMQUAM reserves the right to exclude customers from individual payment options without giving reasons.
MAMQUAM may charge default interest of 5% per annum as well as a reminder fee of max. CHF 20.- per reminder in case of default of the customer.
8. Delivery, inspection obligation and notice of defects
MAMQUAM supplies exclusively to customers over 18 years of age in Europe, North America and selected countries in the category "rest of the world". The goods will be sent by post or courier to the address specified by the customer in the order. With the dispatch the use and risk are transferred to the customer, as far as this is legally permissible. MAMQUAM is not liable for any damage caused by late arrival of the goods at the customer or third parties.
If the delivery is undeliverable or the customer refuses to accept the delivery, MAMQUAM may terminate the contract after giving notice of a complaint to the customer and setting a reasonable deadline, as well as charge the costs for the activities.
The customer is obligated to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which MAMQUAM warrants without delay in writing by letter or e-mail to the address in the imprint of
If the examination by MAMQUAM reveals that the goods have no identifiable defects or they are not covered by the manufacturer's warranty, MAMQUAM may invoice the customer for the work, the return or the possible disposal.
9. Warranty when buying goods
MAMQUAM strives to deliver goods of impeccable quality. In the case of deficiencies notified in time, MAMQUAM shall assume the warranty for freedom from defects and functionality of the item purchased by the customer during the statutory warranty period of two years from the date of delivery. It is MAMQUAM's discretion to warrant by free repair, equivalent replacement, or by refund of the purchase price. Further claims are excluded.
The warranty does not cover normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties (especially if MAMQUAM does not comply with the washing instructions) as well as deficiencies attributable to external circumstances.
The special coating of MAMQUAM textiles can wash out slowly after many washes, but this is not a defect of the product. MAMQUAM is not able to provide assurances or guarantees for the up-to-dateness, completeness and correctness of the data as well as for the constant or undisturbed availability of
www.mamquam.com, its functionalities, integrated hyperlinks and other contents. In particular, neither is guaranteed nor guaranteed that the use of
www.mamquam.com does not infringe any rights of third parties that are not in the possession of MAMQUAM.
10. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
11. 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.
12. User comments, feedback, and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. Errors, Inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
14. Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
MAMQUAM excludes all liability, regardless of its legal grounds, as well as claims for damages against MAMQUAM and any assistants and vicarious agents. In particular, MAMQUAM shall not be liable for indirect damage and consequential damage, loss of profit or other personal, material or pecuniary damage of the customer. Reserved remains a further mandatory legal liability, for example, for gross negligence or unlawful intent. In no case shall Mamquam, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
MAMQUAM uses hyperlinks on
www.mamquam.com only for the simplified access of the customer to other web offers. MAMQUAM can neither know the content of this web site in detail, nor assume liability or any other responsibility for the content of these web pages.
You agree to indemnify, defend and hold harmless Mamquam 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.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
MAMQUAM may process and use the data included in the contract to fulfill the obligations arising from the purchase contract and use them for marketing purposes. The data required for performance can also be forwarded to service partners (logistics partners) or other third parties.
20. Rights on Returns and Refunds
MAMQUAM grants a contractual right of return within 14 calendar days of receipt of the goods on all products (with the exception of gift vouchers). Once 14 days has past, we unfortunately can't offer you a refund or exchange. For more information regarding customer rights on returns, exchanges and refunds, please read our “Rights on returns and Refunds” policy at
21. Other provisions
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
MAMQUAM expressly reserves the right to change these terms and conditions at any time without notice. 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.
Should individual provisions of these Terms and Conditions be wholly or partially void and / or ineffective, the validity and / or validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and / or ineffective provisions shall be replaced by those that most closely and economically approximate the meaning and purpose of the invalid and / or ineffective provisions. The same applies to any gaps in the regulation.
In the event of disputes, only material Swiss law shall be applied, excluding conflict of law rules.
The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Zug, ZG, in Switzerland, unless the law provides for mandatory jurisdiction.
Questions about the Terms of Service should be sent to us at
This document is a translation from German into English. The original and legally binding document was written in German, and the original German version will be referred to if any legal disputes arise.
Zug, 28. April 2018