Terms and Conditions - January 15, 2025

As of: January 15, 2025

1. Scope

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the online shop https://mamm.ch (hereinafter referred to as the "Online Shop"). The online shop is operated by Elezi Commerce (hereinafter referred to as "Mamm.ch"). Mamm.ch reserves the right to amend these GTC at any time. The version valid at the time of the order shall prevail; this version cannot be unilaterally changed for the respective order. Changes to the GTC will be published on the Mamm.ch website.

Mamm.ch's offer is aimed exclusively at customers residing or domiciled in Switzerland or Liechtenstein. This restriction is necessary to comply with tax and logistical requirements. Deliveries are only made to addresses in these countries. This offer is valid while the products are visible in the online shop and while stocks last. Mamm.ch reserves the right to refuse orders in quantities exceeding typical household quantities without giving reasons.

2. Information

The product images in the online shop are for illustrative purposes only and are non-binding. All prices are in Swiss francs (CHF) and include statutory VAT and any other applicable taxes. Mamm.ch reserves the right to change prices at any time. The price displayed in the online shop at the time of ordering shall prevail.

Mamm.ch strives to keep product availability and delivery times in the online shop up to date. However, due to supply bottlenecks or other circumstances, deviations may occur. All information regarding availability and delivery times is therefore non-binding. Claims for damages due to delayed deliveries are excluded.

Mamm.ch vouchers can be redeemed in the online shop during their validity period. The voucher balance cannot be cashed out. The maximum amount of vouchers a customer can redeem per order is CHF 1,000. Mamm.ch reserves the right to refuse redemption of vouchers if misuse is suspected. The resale of vouchers is prohibited and permitted only with the express permission of Mamm.ch.

3. Conclusion of contract

The presentation of products in the online shop constitutes a non-binding offer. By placing an order, the customer makes a binding offer to conclude a purchase contract. The purchase contract is concluded as soon as Mamm.ch accepts the order by sending an order confirmation via email or by delivering the goods. The automatic order confirmation does not constitute a guarantee of availability. However, this offer is subject to the condition subsequent of impossibility of delivery or an incorrect price indication.

4. Delivery

Deliveries are made exclusively to addresses in Switzerland or Liechtenstein. The delivery times stated in the online shop are non-binding. Should Mamm.ch exceed the delivery period of 30 days, the customer has the right to withdraw from the contract without incurring any fees. Customers will be notified by email no later than 72 hours after receipt of the order if a delivery is delayed.

Payments already made will be refunded, minus any applicable processing fee. Processing a refund may take up to 14 days depending on the payment method and payment service provider. Please understand that processing a refund may take up to 14 days depending on the payment method and payment service provider. Unfortunately, faster processing is not always possible.

Shipping costs are listed separately during the ordering process. The customer's delivery address must be easily accessible, both for trucks and other transport vehicles of the transport company. If this is not the case, the customer will bear any resulting additional costs. If the customer refuses to accept delivery, Mamm.ch reserves the right to invoice the customer for the resulting costs.

If the customer does not accept the ordered products on the agreed or indicated delivery date, Mamm.ch may terminate (cancel) the contract and invoice the customer for the delivery costs incurred as well as any loss of value.

If the customer fails to collect products scheduled for collection within 14 calendar days of the product being ready for collection, Mamm.ch reserves the right to terminate (cancel) the contract. In both cases, the customer is obligated to bear the associated costs.

5. Inspection obligation

The customer is obliged to immediately check delivered or picked up products for accuracy, completeness and delivery damage.

In the case of freight forwarding deliveries, any delivery damage must be noted on the delivery note.

Damaged, incorrect, or incomplete deliveries must be reported to Mamm.ch within five calendar days of receipt of the shipment. Customers are asked to submit such reports via their personal customer account in the online shop under the "Returns" section. The affected product must not be used and must be stored in its original packaging. The customer must follow Mamm.ch's further instructions regarding the return and repair process.

5. Warranty and Liability

Mamm.ch provides a two-year warranty on the defect-free and functional condition of the delivered products. The warranty period continues regardless of any warranty services provided. Mamm.ch may extend the warranty either by:

• free repair (the original warranty period remains in effect);

• partial or total replacement with an equivalent used product (in the case of replacement in the 1st year, the original warranty period remains in effect; in the case of replacement in the 2nd year, the warranty period is 1 year from the date of replacement);

• Replacement with a new product (new warranty period of 2 years from replacement);

• Credit at the current price, up to a maximum of the original purchase price;

• or reduction.

Wear parts such as batteries, rechargeable batteries, power cables, adapters, bulbs, and software issues are excluded from the warranty. If the manufacturer's warranty extends beyond the Mamm.ch warranty, this warranty will also be granted to the customer.

When handing over a product with data storage to Mamm.ch, complete data loss must be expected. The customer is responsible for proper data backup. Mamm.ch assumes no liability for data loss.

Mamm.ch may, at its sole discretion, provide the customer with a replacement or exchange device while the warranty claim is being reviewed. However, the customer is not entitled to a free replacement device during the warranty review. This is subject to the condition that a warranty claim actually exists. If the warranty claim is rejected, the customer may purchase the replacement device or return it at their own expense.

All further warranty provisions, in particular statutory ones, are excluded.

Used goods marked as "used" in the online shop are guaranteed for one year from delivery. Minor cosmetic defects are excluded from the warranty and are described in the item details.

6. Liability and Disclaimer

Mamm.ch's liability is governed by applicable law. However, Mamm.ch is not liable under any circumstances for:

• slight negligence;

• indirect and consequential damages and loss of profits;

• unrealized savings;

• Damages resulting from delayed delivery; or

• Acts and omissions of auxiliary persons, whether contractual or non-contractual.

Furthermore, Mamm.ch disclaims liability in the following cases:

• improper, non-conforming or unlawful storage, handling or use of the products;

• the use of incompatible spare parts or accessories (e.g. power supply);

• failure to maintain and/or improper modifications or repairs of the products by the customer or a third party;

• Damage due to force majeure, including natural disasters, moisture, falls and impacts, as well as official orders.

Mamm.ch assumes no liability for losses or damages arising from the use of the website or from links to third-party websites. No guarantee is given that the website will function error-free at all times. Furthermore, Mamm.ch assumes no liability for unauthorized manipulation of the user's IT system (e.g., through viruses or phishing attacks). The customer is responsible for taking appropriate security measures.

The customer is obligated to treat the access data to their customer account as strictly confidential and to take measures to protect against unauthorized access, such as using a secure password and two-factor authentication. Failure to comply with these obligations will result in the customer being liable for all resulting damages and costs, including unauthorized orders placed through their account. All orders and activities executed through the customer account will be attributed to the customer. The customer is liable for all orders placed through their account.

7. Payment

Mamm.ch will invoice all payment claims for products and services purchased through the Mamm.ch online shop directly to the customer. Payments must be made in Swiss francs (CHF).

Cash payments are not possible. Customers can use the payment methods offered in the online shop under "Payment Options," such as credit card, PayPal, Twint, and others. Any fees for specific payment methods will be displayed and listed separately during the ordering process.

When paying in advance, delivery will only take place after receipt of full payment. Products are reserved for a maximum of 10 calendar days from the order date. If payment is not received within this period, Mamm.ch reserves the right to cancel the order.

When paying by credit card or other instant payment methods, the amount will be charged immediately upon completion of the order. When purchasing on account, the customer is obligated to pay the invoice amount in full within 20 calendar days of receiving the delivery. In the event of a return, the invoice amount will be adjusted accordingly.

If the customer fails to meet their payment obligation, a reminder fee of CHF 5 will be charged for the second reminder and CHF 20 for the third reminder. After unsuccessful reminders, the outstanding amounts may be transferred to a debt collection agency. In this case, additional processing fees and an effective annual interest rate of up to 15% from the due date may be charged.

Ordered products remain the property of Mamm.ch until full payment has been made. Mamm.ch is entitled to make a corresponding entry in the retention of title register for this purpose in order to secure its ownership rights. Mamm.ch is entitled to make a corresponding entry in the retention of title register. Pledging, transferring ownership by way of security, processing, or modifying the products by the customer is not permitted before the transfer of ownership without the express consent of Mamm.ch.

8. Change of order or cancellation

Orders placed with Mamm.ch are binding and oblige the customer to accept the ordered products and services. Changes or cancellations of orders can only be made with the prior consent of Mamm.ch. Mamm.ch reserves the right to charge a processing fee of 20% of the canceled order value, with a minimum of CHF 60. In addition, any loss in value of the canceled products that has occurred since the order was placed may be invoiced.

Should a complete or partial impossibility of delivery occur after an order or the conclusion of the contract, the customer will be notified immediately by email. Any payments already made will be refunded in such a case. If no payment is made, the customer is released from the obligation to pay. Further claims by the customer, in particular claims for damages, due to delivery delays or failures are excluded.

9. Return

Mamm.ch offers a voluntary 30-day return policy, allowing customers to return products without giving a reason. This right of return does not apply to customized products, special orders, or polishing machines.

After receiving and inspecting the returned item in our warehouse, Mamm.ch will refund the full purchase price. Return shipping costs are the customer's responsibility, unless the return is due to a defect or faulty delivery. Customers can initiate the return process by completing the return form on the Mamm.ch website. Further information on the return process will be provided after the form has been submitted.

10. Data protection

Personal data is processed in accordance with Mamm.ch's privacy policy, which is available on the website.

11. Final provisions

These Terms and Conditions are governed by Swiss law. The exclusive place of jurisdiction is Lausen, Basel-Landschaft. Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected. All rights to these Terms and Conditions are held by Mamm.ch. Reproduction or distribution without consent is not permitted.