Terms of service

Last updated: 15 January 2025

1. Scope

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the online shop at 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 in force at the time of the order is decisive and cannot be unilaterally changed for that order. Amendments to the GTC will be published on the Mamm.ch website.

The Mamm.ch offering is aimed exclusively at customers with a place of residence or registered office in Switzerland or Liechtenstein. This restriction is necessary in order to meet tax and logistical requirements. Deliveries are made only to addresses in these countries. The offer is valid as long as the products are visible in the online shop and while stocks last. Mamm.ch reserves the right to reject orders in non-household quantities without giving reasons.

2. Information

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

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

Mamm.ch vouchers can be redeemed in the online shop during their period of validity. A cash payout of voucher balances is excluded. The maximum amount of vouchers that a customer can redeem per order is CHF 1,000. Mamm.ch reserves the right to refuse the redemption of vouchers in the event of suspected misuse. The resale of vouchers is prohibited and only permitted with the express consent of Mamm.ch.

3. Conclusion of contract

The presentation of products in the online shop does not constitute a binding offer. By placing an order, the customer submits a binding offer to conclude a purchase contract. The purchase contract is concluded as soon as Mamm.ch accepts the order either by sending an order confirmation by email or by delivering the goods. The automatic order confirmation does not constitute a guarantee of availability. The offer is subject to the resolutory condition of impossibility of delivery or incorrect pricing.

4. Delivery

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

Any payments already made will be refunded minus any applicable processing fee. Depending on the payment method and payment service provider, processing a refund may take up to 14 days. Faster processing is unfortunately not always possible.

The shipping costs are shown separately during the order process. The customer’s delivery address must be easily accessible for trucks as well as other vehicles used by the transport company. If this is not the case, the customer shall bear any additional costs incurred as a result. If the customer does not accept the delivery, Mamm.ch reserves the right to charge the customer for the costs incurred.

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

If the customer does not collect products that are to be picked up within 14 calendar days from the date they are ready for collection, Mamm.ch reserves the right to terminate (cancel) the contract. In both cases, the customer is obliged to bear the associated costs.

The products are delivered to the address specified by the customer via Swiss Post or another suitable transport service provider. Risk passes to the customer when the consignment is handed over to the transport company. This also applies if Mamm.ch bears the shipping costs.

If, according to the shipment tracking, delivery is successful (e.g. to a parcel compartment or designated drop-off location), the delivery is deemed to have been completed. From this point in time, the customer bears the risk of loss, theft or damage. Mamm.ch accepts no liability for damage or loss after delivery. In the event of problems after delivery, the customer is requested to contact the responsible transport company directly.

5. Duty of inspection

The customer is obliged to check delivered or collected products immediately for correctness, completeness and transport damage. 

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

Transport damage, incorrect or incomplete deliveries must be reported to Mamm.ch within five calendar days of receipt of the delivery. The customer is requested to submit such notifications via their personal customer account in the online shop under the "Returns" section. Affected products must not be put into operation and must be kept in their original packaging. The customer must follow any further instructions from Mamm.ch regarding the returns and repair process.

If no notification is made within this period, the delivery and product are deemed to have been accepted, and any claims for rectification, replacement or rescission of the contract lapse, insofar as legally permissible.

5. Warranty and liability

Mamm.ch grants a two-year warranty on the freedom from defects and proper functioning of the delivered products. The warranty period continues to run irrespective of the provision of any warranty services. Mamm.ch may fulfil the warranty at its discretion by:

• free repair (the original warranty period remains unchanged);

• partial or complete replacement with an equivalent used product (if replacement occurs in the 1st year, the original warranty period remains unchanged; if replacement occurs 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 value, up to a maximum of the original purchase price; or

• a price reduction.

Wear parts such as batteries, rechargeable batteries, power cables, adapters, light sources, as well as software issues are excluded from the warranty. If the manufacturer’s warranty exceeds the warranty provided by Mamm.ch, this will also be granted to the customer.

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

While a warranty claim is being reviewed, Mamm.ch may, at its sole discretion, provide the customer with a replacement or loan device. However, the customer has no entitlement to the free provision of a replacement device during the warranty review. Provision is subject to the condition that a warranty case actually exists. If the warranty claim is rejected, the customer may purchase the replacement device or return it at their own expense.

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

For used goods that are marked as "used" in the online shop, a warranty period of one year from delivery applies. Minor visual defects are excluded from the warranty and are described in the item details.

6. Liability and exclusion of liability

The liability of Mamm.ch is governed by the applicable statutory provisions. However, Mamm.ch is in no event liable for:

• slight negligence;

• indirect and consequential damages, loss of profit;

• failure to realise savings;

• damages resulting from delay in delivery; or

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

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

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

• use of incompatible replacement or accessory parts (e.g. power supply units);

• failure to carry out maintenance and/or improper modifications or repairs to the products by the customer or a third party;

• damage due to force majeure, including natural events, moisture, impact and shock damage, as well as official orders.

Mamm.ch accepts no liability for losses or damages arising from the use of the website or from links to third-party websites. It is not guaranteed that the website will function without errors at all times. In addition, Mamm.ch accepts no liability for unauthorised manipulation of the user’s IT system (e.g. by viruses or phishing attacks). The customer is responsible for taking appropriate security measures.

The customer is obliged to keep the login details for their customer account strictly confidential and to take measures to protect against unauthorised access, such as using a secure password and two-factor authentication. If these obligations are not observed, the customer is liable for all resulting damages and costs, including unauthorised orders placed via their account. All orders and activities carried out via the customer account are attributed to the customer. The customer is liable for all orders placed via their account.

7. Payment

All payment claims for products and services purchased via the Mamm.ch online shop are asserted directly by Mamm.ch against the customer. Payments must be made in Swiss francs (CHF).

Cash payment is not possible. The customer may 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 are displayed separately during the order process.

For payment in advance, delivery will only take place after full payment has been received. Products are reserved for a maximum of 10 calendar days from the order date. If no payment is received within this period, Mamm.ch reserves the right to cancel the order.

For payment by credit card or other instant payment methods, the charge is made immediately upon completion of the order. When purchasing on account, the customer is obliged to pay the invoice amount in full within 20 calendar days of receipt of the delivery, without any deductions. 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. If reminders are unsuccessful, the outstanding amounts may be assigned 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 received. To secure its ownership rights, Mamm.ch is entitled to make an appropriate entry in the retention of title register for this purpose. Mamm.ch is entitled to make such an entry in the retention of title register. Pledging, transferring ownership by way of security, processing or transformation of the products by the customer is not permitted prior to 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 to 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 cancelled order value, but at least CHF 60.–. In addition, any loss in value of the cancelled products that has occurred since the order was placed may be charged.

If, after an order or conclusion of the contract, full or partial delivery becomes impossible, the customer will be informed immediately by email. Any payments already made will be refunded in such a case. If no payment has been made, the customer will be released from the payment obligation. Any further claims by the customer, in particular claims for damages due to delivery delays or failures, are excluded.

9. Returns

Mamm.ch grants a voluntary 30-day return policy, which allows customers to return products without giving reasons. Customised products, special orders and polishing machines are excluded from the right of return.

After receipt and inspection of the return at the warehouse, Mamm.ch will refund the full purchase price. Return shipping costs are borne by the customer, unless the return is due to a defect or an incorrect delivery. Customers can initiate the return process by completing the return form on the Mamm.ch website. Further information on the returns process will be provided after the form has been submitted.

10. Data protection

The processing of personal data is carried out in accordance with the Mamm.ch privacy policy, which can be viewed on the website.

11. Final provisions

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