Terms & Conditions
General terms and conditions of business of Mammut Sports Group
For business relations between Mammut France SAS, Building MB2I, Parc d'activité des Longeray, 74370 EPAGNY - METZ TESSY (hereinafter referred to as "the seller" or "we") and the customer (hereinafter referred to as "the customer" or "you") concerning transactions in the France online shop (hereinafter referred to as "the online shop"), only the following General Terms and Conditions of Sale (hereinafter referred to as "the GTC") in their version in force at the time of placing the order shall apply.
The seller's offer in the online shop is exclusively addressed to customers with their delivery address in France.
The customer's general terms and conditions of sale or other contractual conditions that differ from these GTC shall not apply, unless the seller expressly recognises them in writing.
The customer can choose products from the seller's range and place them in the shopping basket using the "Add to basket" button. The customer has the possibility to view and modify the order data by clicking on the basket icon, located at the top right of the screen.
During the ordering process, as soon as the customer clicks on the "Buy" button, they make a firm purchase offer for the goods currently in the shopping basket (hereinafter referred to as "the order").
After placing the order, the customer receives an automatic order receipt notice by email which summarises the content of their order. This order receipt notice does not yet constitute an order confirmation, it simply serves to document that the seller has received the order.
The seller may accept the customer's order within 10 working days of its receipt by email to the customer (hereinafter referred to as "the acceptance statement"). The contract takes effect upon the customer's receipt of the acceptance statement.
If the order comprises several items, the contract is only concluded for the items expressly mentioned in the acceptance statement.
The above is valid even if the customer has made or ordered payment before the conclusion of the contract. If, in this case, the contract should not take effect, the seller will inform the customer without delay (in case of partial acceptance, with the acceptance statement for deliverable items) and will immediately refund the advance payment.
The contract is concluded in French. The contract text (composed of the order, the Terms and Conditions and the acceptance statement) is recorded by the seller and sent to the customer by email in compliance with the applicable data protection legislation. If the customer is registered in the online shop, they then have the possibility to view their current orders in their personal customer area.
The customer is required to complete the fields provided in the order form fully and truthfully.
Unless otherwise agreed, delivery is made to the address specified by the customer. Deliveries are only made within France. The seller informs the customer of the delivery time during the ordering process and in the dispatch confirmation.
The delivery times indicated are estimates and variations of up to 5 working days may occur.
All prices shown in the online shop are in Euro and include the applicable statutory value-added tax.
Pricing errors are reserved. If the correct price is higher, the customer will be contacted; in this case, a contract will only be formed if the customer is willing to purchase at the actual price. If the correct price is lower, the lower price will be charged.
Standard delivery is free of charge for purchases of €100 or more.
Shipping costs for orders below €100 currently amount to EUR 6.95.
The seller only accepts the payment methods offered to the customer during the order process.
In order to cover the risk of insolvency, the seller reserves the right to exclude, on a case-by-case basis, certain payment methods, in particular purchase on invoice.
In the case of credit card payment, the specified credit card account is debited at the time of order dispatch.
Any potential refund of payments made will be processed using the payment method that the customer used when placing their order.
The legal rules regarding default apply. If the customer fails to fulfil their payment obligation, they are deemed to be in default without further reminder upon expiry of the payment deadline and must pay default interest of 10%. The seller is entitled to charge a reminder fee of up to EUR 15.00 for each payment reminder as well as other fees, in particular costs for any debt collection proceedings.
1. Invoices shall be drawn up electronically and sent with the shipping confirmation.
In the case of consumers, we reserve ownership of the sold item until full payment of the invoiced amount. If the customer is an entrepreneur carrying out their independent commercial or professional activity, a legal entity under public law or a separate estate under public law, the seller reserves ownership of the sold item until settlement of all outstanding claims arising from the business relationship with the person placing the order. The corresponding security rights are transferable to third parties.
The customer only has a right of set-off if their counterclaims are established by final judgment or are undisputed or acknowledged by the seller. The customer furthermore only has a right of retention if and to the extent that their counterclaim is based on the same contractual relationship.
If the customer is in default with any payment obligation towards the seller, all existing claims become immediately due and payable.
Legal right of withdrawal: The customer has the right, within a period of 14 days for reduced-price items and 30 days for full-price items, without giving any reason, to withdraw from the contract concluded via the online shop.
The withdrawal period of 14 days for reduced-price items and 30 days for full-price items begins on the day on which the customer, or a third party named by them who is not the carrier, took possession of the goods (in the case of an order for several goods that were delivered separately: the last item). To exercise the right of withdrawal, the customer must inform the seller of their decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post or an email). The customer may use the withdrawal form template below for this purpose, which is however not mandatory.
The withdrawal period is deemed to have been observed if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Withdrawal form template:
If you wish to withdraw from the contract, please complete this form and return it to:
Mammut Sports Group GmbH
Mammut-Basecamp 1
87787 Wolfertschwenden
Germany
E-Mail: service-fr@mammut.com
I hereby withdraw from the contract I concluded 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 in the case of communication on paper)
Consequences of withdrawal: When the customer withdraws from this contract, the seller must reimburse them without delay and at the latest within 14 days from the day on which the communication of your withdrawal from this contract reached us, all payments obtained from them, including delivery costs (with the exception of additional costs resulting from the fact that a delivery method other than the cheapest standard delivery we offer was chosen). We will use, for this reimbursement, the same means of payment as that used by the customer for the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged any fees as a result of this reimbursement. The seller may refuse to reimburse 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 delay and in any case no later than fourteen days following the day on which they informed the seller of their withdrawal from the contract. The deadline is deemed to have been met when you dispatch the goods before the fourteen-day period has expired. The return costs are borne by the seller, provided that the designated return label is used for the return shipment (follow the procedure at mammut.com/fr/fr/service/returns/ ). The customer must only bear any loss in value of the goods if this loss in value is due to handling that is not necessary for examining the quality, characteristics and functioning of the goods.
The following points apply in addition to the rules: If the customer exercises their right of withdrawal, they do not have to pay for the return of the goods if they use the return label provided for this purpose. If they do not use said label, the customer bears the direct costs of return 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.