General Terms and Conditions (GTC) of
the MAMQUAM GmbH (www.mamquam.com)
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.
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 customer confirms when using www.mamquam.com or when ordering or concluding a contract these terms and conditions, including the terms of delivery and payment, to fully recognize.
The operator of this website www.mamquam.com is the MAMQUAM GmbH, Riedpark 9. 6300 Zug. Switzerland.
2. 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.
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.
4. 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.
5. 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.
6. 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 www.mamquam.com.
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.
7. Right of return and return
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).
The exercise of the right of return leads to a reversal of the contract. The customer must return the goods in their original packaging within 14 calendar days and send them back together with the delivery note to the return address specified by MAMQUAM (address stated in the imprint of www.mamquam.com). Returns to MAMQUAM are at the expense and risk of the customer. Any payment already made will be reimbursed to the customer within 20 calendar days, provided that MAMQUAM has already received the goods back or the customer can provide a proof of shipment.
MAMQUAM reserves the right to demand reasonable compensation for damage, excessive wear or loss of value due to improper handling and to deduct the value reduction from the purchase price already paid or to charge the customer.
8. 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.
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.
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.
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.
11. Other provisions
MAMQUAM expressly reserves the right to change these terms and conditions at any time without notice.
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, unless the law provides for mandatory jurisdiction.
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, 12. April 2017