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 (hereinafter "Seller") and the customer (hereinafter "Customer") for transactions in the (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 Switzerland and Liechtenstein.

  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 basket using the "Add to basket" button. The customer can view and modify the order details via the shopping basket icon at the top right 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 basket at that time (hereinafter "Order").

  3. If the payment method purchase on account is selected, the maximum order value is CHF 1,500.

  4. After submitting the order, the customer will receive an automatic confirmation of receipt by email, which repeats 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 "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 immediately (in the case of partial contract acceptance together with the declaration of acceptance for the deliverable items) and refund the advance payment immediately.

  8. The contract is concluded in German. The contract text (consisting of order, T&Cs and declaration of acceptance) is stored by the seller in compliance with the applicable provisions of the laws on data protection  and sent to the customer by email. If the customer is registered in the online store, 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 Switzerland and Liechtenstein. The seller shall 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 Swiss Francs 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 100 CHF or more.

  4. Delivery costs for purchases under 100 CHF amount to CHF 6.95.

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

  2. The seller reserves the right to exclude certain payment methods, in particular purchase on invoice, on a case-by-case basis 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 8% p.a. The seller is entitled to charge a reminder fee of up to CHF 30.00 per payment reminder as well as additional fees, in particular the costs for any debt collection proceedings.

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

  1. When purchasing on invoice, 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 invoice 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 invoice 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 submissions or credit notes, even when purchasing on invoice via Klarna.

  2. Personal data is processed by Klarna in accordance with applicable data protection regulations and as specified 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 a 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 shall become due immediately.

  1. Right of Withdrawal: The customer has the right to withdraw from the contract concluded via the online shop for reduced items within 14 days and for full-price items within 30 days without giving any reason. The withdrawal period is 14 days or 30 days respectively 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 (or in the case of an order for several goods that were delivered separately: the last 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 or email). The customer may use the model withdrawal form below, although this is not mandatory. To comply with the withdrawal deadline, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the expiry of the withdrawal period to the following address:

Mammut Sports Group AG
Birren 5
5703 Seon
Switzerland

Email: service-ch@mammut.com 

  1. Model Withdrawal Form:

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 reimburse them for all payments received from them, including delivery costs (with the exception of additional costs resulting from choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 30 days from the day on which the notification of withdrawal from this contract was received by us. For this reimbursement, 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 reimbursement. The seller may refuse reimbursement 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 without undue delay and in any case no later than 30 days from the day on which they informed the seller of the withdrawal from this contract. The deadline is met if the customer sends the goods before the expiry of the 30-day period. 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 was not necessary for checking their nature, characteristics and functioning.

  2. In addition to the above regulation: If the customer exercises their right of withdrawal, the return of the goods in question is free of charge for them if the enclosed return label is used. Otherwise, the customer bears the direct costs of returning the goods themselves.

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.