Terms & Conditions

General terms and conditions of business of Mammut Sports Group

(Valid from: 1 November 2022)

  1. For the business relationship between Mammut Sports Group AG, 5703 Seon, Switzerland (sales processing by Mammut Sports Group GmbH, Mammut-Basecamp 1, 87787 Wolfertschwenden, Germany) (hereinafter "Seller") and the customer (hereinafter "Customer" or "You") for transactions in the Online Shop Austria  (hereinafter "Online Shop"), exclusively the following General Terms and Conditions (hereinafter "GTC") shall apply in the version valid at the time of the respective order.

  2. The Seller's offer in the Online Shop is directed at customers with a delivery address in Austria.

  3. The inclusion of General Terms and Conditions or other contractual terms of the Customer that deviate from these GTC is rejected, unless they are expressly acknowledged in writing by the Seller.

  1. The customer can select products from the seller's range and collect them in a so-called shopping cart using the "Add to Cart" button. The customer can view and modify the order details via the shopping cart icon in the top right corner of the screen.

  2. As soon as the customer clicks on the "Order" button during the ordering process, they submit a binding offer to purchase the goods in the shopping cart at that time (hereinafter referred to as "Order").

  3. If the payment method "Purchase on Invoice" is selected, the maximum order value is EUR 1,200.00.

  4. After submitting the order, the customer will receive an automatic confirmation of receipt by email, which reiterates the content of the customer's order. This automatic confirmation of receipt does not yet constitute acceptance of the order, but merely documents that the order has been received by the seller.

  5. The seller may accept the customer's order within a period of 10 working days after submission of the order by email to the customer (hereinafter referred to as "Declaration of Acceptance"). The contract is concluded upon receipt of this declaration of acceptance by the customer.

  6. If the order comprises several items, the contract is only concluded for those items that are expressly listed in the declaration of acceptance.

  7. The above also applies if the customer has already paid the purchase price or instructed payment before conclusion of the contract. Should the contract not be concluded in this case, the seller will inform the customer of this without delay (in the case of partial contract acceptance together with the declaration of acceptance for the available items) and refund the advance payment without delay.

  8. The contract is concluded in German. The contract text (consisting of order, General Terms and Conditions and declaration of acceptance) is stored by the seller in compliance with the applicable provisions of the laws on and sent to the customer by email. If the customer is registered in the online shop, they can also view their current orders in their personal customer area.

  9. The customer is obliged to complete the fields provided in the order form completely and truthfully.

  1. Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Delivery is only made within Austria. The seller will inform the customer of the delivery period during the ordering process and in the shipping confirmation.

  2. The stated delivery times are estimates and deviations of up to 5 working days may occur.

  1. All prices stated in the online shop are in euros and include the applicable statutory value-added tax.

  2. Pricing errors are reserved. If the correct price is higher, the customer will be contacted; in this case, a contract is only concluded if the customer wishes to purchase at the actual price. If the correct price is lower, the lower price will be charged.

  3. Standard delivery is free of charge for purchases of EUR 50 or more.

  4. Delivery costs for purchases under EUR 50 amount to EUR 3.95.

  1. The seller only accepts the payment methods displayed to the customer during the order process.

  2. The seller reserves the right to exclude certain payment methods, in particular purchase on account, in individual cases to secure against credit risk.

  3. In the case of credit card payment, the specified credit card account will be charged upon dispatch of the order.

  4. Any refund of payments made will be made to the payment method used by the customer when placing the order.

  5. The statutory default regulations apply. If the customer fails to meet their payment obligation, they will be in default without further reminder upon expiry of the payment deadline set and must pay default interest of 10% p.a. The seller is entitled to charge a reminder fee of up to EUR 15.00 per payment reminder as well as additional fees, in particular the costs for any debt collection proceedings.

Purchase on Account:
6. In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer purchase on account. Payment is made to Klarna in each case. The use of the payment methods invoice, instalment purchase and direct debit requires a positive credit check. Further information and Klarna's terms of use can be found here. 

  1. When purchasing on account, the invoice amount is due for payment to the seller's external partner Klarna on the calendar day specified in the invoice (14 calendar days from dispatch of the goods). The invoice terms and conditions can be found here.  The payment method purchase on account is not available for all offers and requires, among other things, a successful credit check by Klarna. If the customer is permitted to purchase on account for certain offers after a credit check, payment processing is carried out in cooperation with Klarna, to whom the seller assigns its payment claim. In this case, the customer can only make payment to Klarna with debt-discharging effect. The seller remains responsible for general customer enquiries (e.g. regarding goods, delivery time, dispatch), returns, complaints, declarations of withdrawal and returns or credit notes, even when purchasing on account via Klarna.

  2. Personal data is processed by Klarna in accordance with applicable data protection regulations and in accordance with the information provided in Klarna's Privacy Policy .

1. Invoices shall be drawn up electronically and sent with the shipping confirmation.

  1. For consumers, we reserve ownership of the purchased item until full payment of the invoice amount has been received. If the customer is an entrepreneur acting in the course of their commercial or independent professional activity, a legal entity under public law, or a special fund under public law, the seller reserves ownership of the purchased item until all outstanding claims arising from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties.

  2. The customer only has the right to set-off if their counterclaims have been legally established or are undisputed or acknowledged by the seller. Furthermore, the customer only has a right of retention if and to the extent that their counterclaim is based on the same contractual relationship.

  3. If the customer is in default with any payment obligations towards the seller, all existing claims become immediately due and payable.

  1. Right of Withdrawal: The customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which the customer or a third party named by them, who is not the carrier, has taken possession of the goods. To exercise the right of withdrawal, the customer must inform the seller of their decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). To meet the withdrawal deadline, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

  2. Model Withdrawal Form:

If the customer wishes to withdraw from the contract, the following form can be used as a template and returned to the seller after completion:

Mammut Sports Group GmbH
Mammut-Basecamp 1
87787 Wolfertschwenden
Germany
Email: service-at@mammut.com 

I hereby withdraw from the contract concluded by me for the purchase of the following goods (*)

Ordered on ()/received on ()

Name of consumer(s)

Address of consumer(s)

Date

Signature of consumer(s) (only if notification is on paper)

  1. Consequences of Withdrawal:
    If the customer withdraws from this contract, the seller must repay all payments received from them, including delivery costs (with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which the notification of withdrawal from this contract was received by us. For this repayment, we will use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment. The seller may refuse repayment until they have received the goods back or until the customer has provided proof that they have returned the goods, whichever is the earlier.
    The customer must return or hand over the goods to the seller immediately and in any case no later than fourteen days from the day on which they informed the seller of the withdrawal from this contract. The deadline is met if the goods are dispatched before the expiry of the fourteen-day period. The seller bears the costs of return provided that the enclosed return label is used for the return. The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.

  2. In addition to the statutory provisions, the following applies: If the customer makes use of their right of withdrawal, the return of the goods in question is free of charge for them if the enclosed return label is used for this purpose. Otherwise, the customer bears the direct costs of returning the goods themselves.

  3. Voluntary Right of Return: In addition to the statutory right of withdrawal, a voluntary right of return of up to 30 days for full-price items after receipt of goods is granted. With this right of return, the customer can also withdraw from the contract after expiry of the 14-day withdrawal period (see withdrawal instructions above) by returning the goods to the seller (same address as withdrawal instructions above) within 30 days of receiving them (period begins on the day after receipt of goods). Timely dispatch is sufficient to meet the deadline. However, a prerequisite for exercising the voluntary right of return is that the goods have only been worn/tried on for fitting purposes, as in a shop, and that the goods are returned complete, in their original condition, undamaged and without damage in the original sales packaging. In the case of return, the return label provided with the order can be used.

  4. For the repayment, the same means of payment that the customer used in the original transaction will be used. Unless expressly agreed otherwise with the customer.

  5. The customer's statutory right of withdrawal is not affected by compliance with our rules on the supplementary contractually granted voluntary right of return and remains in effect independently thereof. Until the expiry of the period for the statutory right of withdrawal, only the statutory conditions set out there apply. The contractually granted voluntary right of return also does not limit the customer's statutory warranty rights.

1. The statutory provisions concerning the warranty, which provide for a warranty period of 2 years after delivery for movable goods, shall apply in respect of consumers.

2. For enterprises we provide a warranty of 12 months from delivery of the goods.

1. The Seller shall only process and store personal data in accordance with the relevant applicable data protection policy of the Seller and with applicable law. This Data Protection Policy  may be downloaded from the Online Shop in a printable format (PDF).

1. The Seller shall bear liability without limitation for breaches of duty caused wilfully or as a result of gross negligence on the part of the Seller or its statutory representatives or vicarious agents.

2. The Seller shall only bear liability for breaches of duty caused as a result of negligence on the part of the Seller, its statutory representatives or vicarious agents in situations involving loss of life, personal injury or damage to health. In the last-mentioned eventuality, the liability of the Seller shall be limited to losses typical for the contract that were foreseeable upon conclusion of the contract.

3. The foregoing shall be without prejudice to any strict liability of the Seller, such as for example under the Product Liability Act.

1. The European Commission offers a platform for Online Dispute Resolution (ODR), which may be found under the following link: http://ec.europa.eu/consumers/odr/ 

1. The law at the registered office of the Seller shall apply, to the exclusion of any provisions thereof that refer to other legal systems and the UN Convention on Contracts for the International Sale of Goods.

2. Unless required otherwise under consumer protection law, jurisdiction over any disputes arising out of contracts concluded on the basis of these GTC shall lie at the registered office of the Seller.

3. The invalidity of any of the terms of these GTC shall not affect the validity of the remaining terms.