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| Terms & Conditions |
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These conditions apply to all contracts concluded between the customer and MAM Babyartikel (hereinafter called MAM) about the production and delivery of MAM products sold via www.mambaby.com via telecommunication media, particularly via the Internet. |
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All incoming orders by customers are considered as an offer to MAM for concluding a contract. MAM accepts the offer and concludes the contract by accepting the order via e-mail. |
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All prices submitted by MAM are understood as follows: a) For all customers with residence within the EU-territory: Including packaging and legal (Austrian) VAT, but exclusive of postage and expenses listed separately.
b) For all other customers: Including packaging, exclusive of VAT and postage and expenses listed separately. Import and export expenses resulting from dispatch, such as customs, fees and expenses are to be borne by the customer. |
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a) For all MAM products offered at www.mambaby.com excluding MAM Pacifier Transition Set: As personalized pacifiers and personalized pacifier keepers are tailor-made according to the customers' requests, the customer does not have the right to rescind as per § 5f KSchG (= customer protection law).
b) For "MAM Pacifier Transition Sets ": The sets may be returned to MAM up to 7 (seven) working days following delivery (Saturday is not a working day) without notification of reasons for returning the goods. |
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a) Payment via credit card Payment of the price for pacifiers and pacifier keepers is due as soon as MAM accepts the offer (at conclusion of contract). MAM only accepts payment via valid Visa or Mastercard.
b) Advance payment If you chose to pay via advance payment the entire amount due has to be entered in MAM´s account within 14 days after placement of the online order. Please transfer the money to:
Account holder: MAM Babyartikel GmbH Bank: Bank Austria Bank code: 12000 Account number: 255 106 002 00 IBAN: AT67 1200 0255 1060 0200 BIC: BKAUATWW Use: Order Nr. Amount in Euros:
Only after the entire amount invoiced has been entered in MAM´s account (at conclusion of contract) will your order be processed. Bank charges shall be borne by you.
If the entire amount invoiced is not entered in MAM´s account within 14 days after placement of the online order, your order will be cancelled automatically. Please keep in mind that MAM can only accept orders for which MAM receives the entire amount invoiced and for which the order number in the use field is correct. If an insufficient amount of money is entered in MAM´s account or if it is entered too late respectively, if the order number is incorrect or has not been filled in, the amount will be transferred back to your account and the order will be cancelled. Bank charges shall be borne by you. |
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The goods are dispatched by means of the usual delivery services (postal or courier services, etc.).The delivery address is only accepted if the country of receipt is in conformity with the Internet list issued by MAM. As soon as the goods are handed over to the dispatcher (postal services, courier services, forwarders, freight forwarders etc.) the risk transfers to the customer. |
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a) For all MAM products offered at www.mambaby.com excluding MAM Pacifier Transition Set: As the product is tailor-made, delivery times may vary. MAM will, however, deliver to the customer within eight weeks after concluding the contract. In case the multi-fold production process causes a delay resulting in a delivery time of more than eight weeks, MAM will inform the customer on time.
b) MAM will deliver a MAM Pacifier Transition Set within 2 weeks of the order being placed by the customer. If any delay should arise such that the delivery period will be longer than 2 weeks, MAM will immediately inform the customer of the likely delivery date. |
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The customer agrees that personal data such as surname, name, address, postal code, month of birth will be collected, transmitted, processed and used for the purposes of fulfilling all mutual rights and duties resulting from the contract concluded with the customer. The customer also agrees that personal data are electronically transmitted to MAM's agents for fulfilling mutual rights and duties. Finally, the customer agrees to receive customer information of any kind from MAM unless formally cancelled. |
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Within legal stipulations MAM guarantees that every delivered MAM product is free of any defects. In the case of a justified complaint by the customer MAM meets its liability by first replacing the product. Only after MAM fails to make corrections within a suitable delay the customer can claim a price reduction or, in the case it is not a minor defect, cancel the contract. In any case the customer must immediately return the defective product to MAM by post parcel or registered letter. In the case of a justified complaint MAM will bear reasonable postage costs. MAM is not liable for consequential damages, indirect damages or loss of profit. In addition, MAM is only liable in case of intent or gross negligence. MAM is not liable in the case of only light negligence provided legal regulations do not stipulate otherwise. MAM's liability covers a basic, but not full conformity of the delivered products with the product photos (particularly colours) on the Internet website. The customer will accept deviations caused mainly due to printing techniques. All customer's communication, particularly complaints, must be addressed to the MAM address. |
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All contracts between MAM and a customer on MAM products purchased via www.mambaby.com are exclusively subject to Austrian law, unless otherwise stipulated by imperative local legislation. The place of performance for all claims resulting from such a contract is Vienna. For any disputes arising from such a contract the parties agree on the Court of Law for Wien Innere Stadt (first district of Vienna) unless otherwise stipulated by imperative local legislation. Inefficiency, nullification or cancellation of individual provisions of this contract do not infringe upon its existence. Inefficient provisions of the contract are then replaced by such that most closely comply to the economic intentions of both parties. |
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