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General terms and conditions

These are the general terms and conditions of BAMED AG, Sihleggstraße 15, CH-8832, Wollerau (The offerer), which will apply to all sales contracts concluded via the internet shop www.mambaby.com between the offerer and the customers described in § 2 of these general terms and conditions.

§ 1 Area of application, Terminology 

(1) The following terms of use apply exclusively for each transaction between the offerer and the customer, in the version valid at that time the contract is entered into. Other terms of use as used by the customer will not be accepted unless the offerer explicitly agrees in writing. 

(2) The customer is a consumer as long as the purpose of the ordered deliveries and performances cannot be linked to a commercial activity or to an activity of an independent entity. Any person, corporate body or non-incorporated firm is a business if acting in pursuance of a commercial or independent field of activity. 

§ 2 Conclusion of contract 

(1) Every customer has the opportunity to choose between a variety of products, in particular pacifiers and other baby products which can be selected by using the shopping cart icon. All goods selected will then be placed in this virtual „shopping cart”. By using the icon to place an order the customer signs a binding offer to purchase the products in the shopping cart. Before clicking the icon to place an order, the customer is able to view and change the contents of the shopping cart. Before the customer signs the binding offer to purchase, he will be asked to „accept the terms of use“. By doing this the terms of use automatically becomes part of the contract between the customer and the offerer. By ordering personalized products the customer confirms and agrees that he/she will not submit an "inappropriate" message for personalized printing on the customized products. "Inappropriate" includes any message that is offensive, slanderous, insulting, pornographic, sexually explicit, illicit or discriminatory.

(2) The offerer will then automatically send an acknowledgement of receipt via e-mail to the customer, in which the order is listed and which can be printed by the customer by clicking the “print” icon. This acknowledgement of receipt documents that the offer to buy has arrived and has been confirmed (accepted) by the offerer. 

§ 3 Delivery, availability of goods 

(1) If one of the ordered goods is temporarily unavailable, the offerer will inform the customer immediately in the confirmation of order. If the delay of delivery is to last longer than two weeks, the customer has the right to withdraw from the contract. In this case, the offerer also has the right to withdraw from the contact and the offerer will automatically refund all payments already made by the customer. 

(2) For all standard products offered in the web shop, except MAM Individual ( pacifiers, pacifier clip and combi-boxes, the offerer attempts to deliver within two weeks after conclusion of the contract. In every case the possibility of a four-week delivery is agreed, but in such a case the offerer will inform the customer that the two-week period will be extended. MAM Individual Products are custom made, meaning delivery time can vary. The offerer will deliver these products within eight weeks after conclusion of the contract. In the case of a delay due to the multistage production process, which exceeds eight weeks, the offerer will inform the customer immediately. 

(3) The minimum amount of order is 19 € net, the maximum amount of order in the web shop is listed at 500 € net. 

§ 4 Prices and forwarding charges 

(1) All prices listed on the website of the offerer include the packing and applicable sales tax. 

(2) The corresponding shipping costs will be listed in the order form. These costs are to be paid by the customer. 

(3) For shipping outside Europe all import and export expenses such as customs duty, other charges and taxes have to be charged by the offerer. 

(4) All goods are sent via post. The delivery address is accepted only if the delivery country appears on the internet list of the offerer. The customer assumes all risk from the time that the goods are given to the deliverer (post, shipping agent, forwarding agent, freight agent, etc). 

(5) Place of fulfillment is Neckarsulm. 

Shipping Countries Download 

§ 5 Method of payment 

(1) The customer has the right to pay via direct debit (in Germany only) or via credit card. 

(2) If the customer chooses payment via direct debit the bank account will be charged within ten days after conclusion of the contract. The customer is responsible for sufficient funds. If the occasion arises, that at time of direct debit the bank account does not have sufficient funds, expenses will be charged to the account of the customer. Furthermore, if the bank account lacks sufficient funds, the order will automatically be cancelled. The order can only be sent to the customer if the bill is paid in full. Bank fees will be charged to the customer. 

(3) If the customer chooses payment via credit card only valid Visa or MasterCard are accepted. Bank fees are charged to the customer.

§ 6 Reservation of proprietary rights

Until complete payment is received the delivered goods remain the complete property of the offerer.

§ 7 Guarantee and material defects 

(1) The offerer is responsible for material defects according to German law, in particular §§ 434 (following) of the German Civil Code. Claims against material defects for delivered expire twelve months after delivery. 

(2) A guarantee for the delivered goods is granted only if it has been specifically stated in the respective confirmation for each article. 

§ 8 Liability 

(1) The right of the customer to claim compensation is excluded, except for compensation to the customer for injury to life, body, health or from violating essential obligations of the contract, as well as liability for other damages, which are based on premeditated or culpable negligence of the offerer, its representatives or agents. Essential obligations are such obligations, which are required for achieving the goal of fulfillment of the contract. 

(2) Should the offerer violate these essential obligations, the offerer is only liable for such damages which are typically foreseeable for the contract and if these where caused by negligence, except the compensation of the customer regarding injuring to life, body or health. 

(3) The limitations in (1) an (2) are also valid for the representatives or agents of the offerer, if the right is brought directly against these. 

(4) The regulations of the Product Liability Act are unaffected. 

§ 9 Revocation, Revocation consequences 

(1) Right of revocation 

As a consumer, you have the possibility and the right to withdraw from your contract within a one month grace period without providing any reasons in writing (e.g. letter, fax, e-mail) or, if the goods are sent to you within this month, by returning them. The one month grace period starts after receiving this caution in writing, but not before the goods have arrived at the customer (In case of repeated delivery of the same kind of goods, not before delivery of the first part) and not before fulfillment of our duty of information under § 312 c II German Civil Code in combination with § 1 I, II InfoV of the German Civil Code, as well as our duties under § 312 e I 1 German Civil Code in combination with § 3 InfoV of the German Civil Code. To preserve the one-month grace it is sufficient to send the cancellation or the goods in time. 

The cancellation shall be sent to: 

PVS Fulfilment Service GmbH 
Retoure MAM 
Werner-Haas-Straße 5 
74172 Neckarsulm 
GERMANY

(2) Exclusion of the Right of Revocation 

The right of withdrawal is lost, if the packing of the products has been opened and if the products have been treated in such a way, which can no longer guarantee hygienic standards or resale value. The right of withdrawal is also excluded for the delivery of goods that have been specially made to size (customizing). Such products are part of the MAM individual series (dummies/comforters/ pacifiers, dummie ribbons, combi-boxes, trend-sets, oral care set small, oral care set big)

(3) Consequences of the Right of Revocation 

In case of an effective withdrawal, received performances are to be returned and if applicable, all benefits (e.g. interest). If it is not possible to return the received performances in whole, or in part or only in bad condition, the customer might have to pay a replacement value. This is not the case for items, which only are in bad condition due to inspection, which one also could have occurred in an ordinary shop. For normal use of the goods, paying a replacement value is not required. 

Goods that can be sent by parcel are to be sent back at our risk. The customer has to pay the costs for sending back the goods if the delivery is exactly what the customer has ordered and if the price for the ordered goods is not more than 40 €.

In case of a price which was higher than 40 € and, if at the time of the revocation no payments or partial payments have been made. In all other cases returning goods is free of charge.

Goods that cannot be sent by parcel will be picked up. Refunds have to be paid within thirty days. The grace period starts by sending back the goods or by sending the cancellation.

§ 10 Notice for data processing 

(1) The offerer collects data from the customers necessary for the execution of the contract. The offerer observes the Federal Data Protection Act and the „Telemediengesetz“ .Without the consent of the customer the offerer will only ask for, use or work with data from the customer as it is needed for fulfilling the contract in a proper manner and to draw up an account for teleservices. 

(2) Without the consent of the customer the offerer will not use customer data for commercial purposes, public opinion research or market research. 

(3) The customer has the possibility to review, change or delete his data via the “change MAM Club profile” icon in his profile at any time. Regarding the consent of the customer, more information about the collection, use and work with data can be found on the website of the offerer in printable form via the data privacy icon. 

§ 11 final clause 

(1) All contracts between the offerer and the customer are based on German law under exclusion of the UN Convention on Contracts for International Sale. 

(2) If the customer is businessperson, a corporate body organized under public law or a separate entity under public law, court of jurisdiction is Neckarsulm for all disputes between the offerer and the customer. 

(3) Should any parts of the contract become null (void) the remainder of the contract is binding. 

BAMED AG 
Sihleggstraße 15
8832 Wollerau 
SWITZERLAND

April 2009 
© 2009 Copyright by MAM Babyartikel GesmbH, Vienna

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