Terms of service

Section 1 Scope and definitions

1. 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 French 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 the order is placed shall apply.
2. The seller's offer in the online shop is addressed exclusively to customers whose delivery address is in France.
4. The customer's general terms and conditions of sale or other contractual terms that deviate from these GTC shall not apply, unless the seller expressly acknowledges them in writing.

2 Order Process

1. The customer can select products from the seller's range and add them to the shopping cart using the "Add to cart" button. The customer can view and modify the order details by clicking the shopping cart icon, located in the upper right corner of the screen.
2. During the ordering process, as soon as the customer clicks the "Buy" button, they are making a binding offer to purchase the goods currently in the shopping cart (hereinafter referred to as "the order").
3. After placing the order, the customer receives an automated order acknowledgment by email summarizing the contents of their order. This order acknowledgment does not yet constitute an order confirmation; it simply serves to document that the seller has received the order.
4. The seller may accept the customer's order within 10 business days of receiving it by email to the customer (hereinafter referred to as "the acceptance"). The contract takes effect upon the customer's receipt of the acceptance declaration.
5. If the order contains several items, the contract is concluded only for the items expressly mentioned in the acceptance declaration.
6. The foregoing applies even if the customer has made or ordered payment before the conclusion of the contract. If, in this case, the contract is not to take effect, the seller will inform the customer without delay (in the case of partial acceptance, with the acceptance declaration for the deliverable items) and will immediately refund the advance payment.
7. The contract is concluded in French. The text of the contract (comprising the order, the General Terms and Conditions, and the acceptance declaration) is recorded by the seller and sent to the customer by email in accordance with the legislation on thedata protection applicable. If the customer is registered in the online store, they can then view their current orders in their personal customer account.
8. The customer is required to complete all fields in the order form fully and truthfully.

Section 3 Delivery, delivery times

1. Unless otherwise agreed, delivery is made to the address provided by the customer. Deliveries are only made within France. The seller informs the customer of the delivery time during the order process and in the shipping confirmation.
2. The delivery times indicated are estimates, and discrepancies of up to 5 business days may occur.

Section 4 Prices and shipping costs

1. All prices listed in the online shop are in Euros 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 will only be formed if the customer agrees to purchase at the actual price. If the correct price is lower, the lower price will be charged.
3. Standard delivery is free for orders of €60.00 or more.
4. Shipping costs for orders under €60.00 are currently €5.99.

Section 5 Payment Methods

1. The seller only accepts the payment methods offered to the customer during the ordering process.
2. To mitigate the risk of insolvency, the seller reserves the right to exclude certain payment methods on a case-by-case basis, including purchases on account.
3. For purchases made by credit card, the specified credit card account will be debited upon shipment of the order.
4. Any refunds will be issued to the original payment method used by the customer.
5. The statutory rules regarding default apply. If the customer fails to meet their payment obligation, they will be deemed in default without further notice upon expiry of the payment period and will be liable for 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 applicable taxes, including costs for any potential debt collection proceedings.

Section 6 Transmission of invoices

1. Invoices are issued electronically and transmitted upon confirmation of shipment.

Section 7 Retention of title; compensation; right of retention

1. In the case of consumers, we retain ownership of the goods sold until full payment of the invoiced amount. If the customer is a business owner carrying on their independent commercial or professional activity, a legal entity under public law, or a separate legal entity under public law, the seller retains ownership of the goods sold until all outstanding claims arising from the business relationship with the person placing the order have been settled. The corresponding warranty rights are assignable to third parties.
2. The customer only has a right of set-off if their counterclaims are established by a final judgment or are uncontested 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 of any payment obligation to the seller, all existing claims become immediately due and payable.

Section 8 Information on the statutory right of withdrawal and the right of voluntary return

1. Statutory Right of Withdrawal: The customer has the right, within 14 days for discounted items  and 30 days for full-price items , to withdraw from the contract concluded via the online shop without giving any reason.
The withdrawal period of 14 days for discounted items  and 30 days for full-price items begins on the day on which the customer, or a third party designated by the customer (other than the carrier), takes possession of the goods (in the case of an order for multiple goods 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 unequivocal statement (e.g., a letter sent by post or email). The customer may use the model withdrawal form below for this purpose, although it is not mandatory.
The cancellation period is deemed to have been met if the customer sends the notification concerning the exercise of the right of cancellation before the expiry of the cancellation period.
2. Model cancellation form:
If you wish to cancel the contract, please complete this form and return it to:
Mammut Sports Group GmbH
Mammut-Basecamp 1
87787 Wolfertschwenden
Germany
E-mail: support@helpall0rder.com
I hereby revoke 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 if this communication is on paper)
3. Consequences of revocation: When the customer revokes this contract, the seller must reimburse all payments received from the customer, including delivery charges (excluding supplementary costs arising from the customer's choice of a delivery method other than the least expensive standard delivery option offered), without undue delay and at the latest within 14 days from the day on which we receive notification of the customer's revocation of this contract. For this reimbursement, we will use the same means of payment as the customer used for the original transaction, unless expressly agreed otherwise with the customer; in any event, the customer will not incur any fees as a result of this reimbursement. The seller may withhold reimbursement until they have received the returned goods or the customer has provided proof of return, whichever is earlier. The customer must return or hand over the goods to the seller without undue delay and in any event no later than fourteen days from the day on which they informed the seller of their withdrawal from the contract. The deadline is met if you send back the goods before the fourteen-day period has expired. The return postage costs are borne by the seller, provided that the designated return label is used for the return shipment (follow the procedure on [link to return post]).mammut.com/fr/fr/service/returns/ The customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
4. The following points apply in addition to the rules: If the customer exercises their right of withdrawal, they are not required to pay for the return shipping if they use the enclosed return label. If they do not use the label, the customer is responsible for the direct costs of returning the goods.

Section 9 Warranty

1. The statutory warranty provisions, which stipulate a 2-year warranty period from the date of delivery for movable goods, apply to consumers. We grant a 12-month warranty from the date of delivery to businesses.

Section 10 Information regarding data processing

1. The seller may only process and store personal data in accordance with the provisions on thedata protection The seller's current terms and conditions comply with applicable law. These data protection provisions can be downloaded in printable format (PDF) from the online shop.

Section 11 Limitation of Seller's Liability

1. The seller is liable without limitation for intentional breaches of obligations and breaches of obligations by the seller, its legal representatives, and agents.
2. In the event of breaches of obligations by the seller, its legal representatives, and agents through slight negligence, the seller is liable only in cases of injury to life, body, or health. In the latter case, the seller's liability is limited to typical contractual damages that were foreseeable at the time the contract was concluded.
3. The seller's liability under mandatory law, such as product liability law, remains unaffected.

Section 12 Final Provisions

1. French law applies to the exclusion of the rules of renvoi and the United Nations Convention on Contracts for the International Sale of Goods.
2. The place of jurisdiction for all disputes arising from contracts concluded on the basis of these General Terms and Conditions is EPAGNY - METZ TESSY. For legal actions brought by consumers, the place of jurisdiction is also that of the customer's domicile.
3. If any provision of these Terms and Conditions should prove to be invalid, the validity of the other provisions shall not be affected.