mamutec AG | Legal Notice & Data Protection
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LEGAL NOTICE

mamutec AG
Gaiserwaldstrasse 16
CH-9015 St Gall

Tel: +41 71 314 10 80
Fax: +41 71 314 10 88
Mail: info(at)mamutec.com

Concept and Design
PACKTHIS AG
Packaging. Brand. Design.
Bogenstrasse 7a
CH-9000 St Gall

LEGAL INFORMATION

The mamutec Online Rules

This is the official website of the company mamutec AG. The content of the mamutec website is provided as general information.

By visiting the mamutec website, users expressly accept the following terms and conditions. We cannot, however, provide any guarantee that the information provided is correct, complete and up to date.

Liability for Links

Our website contains links to external third-party websites with content on which we have no influence. We are therefore also unable to provide any guarantee for this third-party content. The respective providers or operators of these third-party websites are responsible for their content. When publishing links to third-party websites, we check these websites for potential statutory violations. No unlawful content could be detected on these third-party websites when the links were published. Nevertheless, permanent monitoring of the content of the linked websites is not reasonable without concrete indications of an infringement. If we become aware of infringements, we will delete such links immediately.

Copyright

The content and works on this website produced by the operators of this website are subject to German copyright law. The duplication, editing, distribution and any type of use of this content or these works beyond the limits of copyright law require the written consent of the respective author and/or creator. Downloads and copies of the content of this website are only permitted for private and non-commercial use. If content on this website was not produced by the operator, the copyrights of third parties are observed. Third-party content in particular is labelled as such. If you nevertheless become aware of a copyright infringement, please inform us of the content concerned. If we become aware of infringements, we will delete such content immediately.

Data Protection

Use of our website is generally possible without providing personal data. If personal data (for example names, addresses or e-mail addresses) are collected on our website, this always occurs on a voluntary basis where possible. These data will not be passed on to third parties without your explicit consent.

Please note that transferring data online (e.g. via e-mail communication) may reveal security vulnerabilities. Complete protection of data against being accessed by third parties is not possible.

We hereby explicitly prohibit the use of contact details published within the scope of our obligation to publish a legal notice by third parties to send advertising and information material that has not been explicitly requested. The operators of the website expressly reserve the right to take legal action in the case of receiving unsolicited advertising information, for example via spam mails.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”).

Google Analytics uses “cookies”, text files that are saved on your computer and enable the analysis of your use of the website. The information generated by the cookies about your use of this website (including your IP address) is transmitted to and stored on a Google server. Google uses this information to evaluate the website, to compile reports on website activity for the website operator and to provide other services relating to website and Internet usage. Google may transfer this information to third parties where required to do so by law or when third parties process the information on Google’s behalf. Google will never associate your IP address with other data held by Google. You can prevent the storage of cookies on your computer by changing the corresponding settings on your browser. Doing so may, however, mean that you are unable to use all of the functions of this website. By using this website, you consent to the processing of data collected about you by Google in the manner and for the purpose specified above.

Cookies

We use so-called cookies to expand the range of functions of our website and to make it easier and more convenient to use. These cookies may enable data to be stored on your computer when you access our website. You can prevent the storage of cookies on your computer by changing the corresponding settings on your browser. Doing so may, however, mean that you are unable to use all of the functions of this website.

GENERAL TERMS AND CONDITIONS

General Terms and Conditions of Sale and Delivery of mamutec AG

(Valid from 14.7.2009; replaces all previous versions)

1. Area of Application

These General Terms and Conditions of Sale and Delivery apply to all goods delivered and services performed by the company mamutec AG to and for its customers (hereinafter referred to as the “Customer”). Any terms and conditions deviating from these General Terms and Conditions are only binding if they have been explicitly agreed in writing or recorded in a binding offer or order confirmation produced by mamutec AG.

2. Offers and Conclusion of Contract

2.1 Offers produced by mamutec AG are always non-binding unless explicitly marked as binding or submitted in writing as limited offers. Details provided in price lists and brochures do not constitute offers and are always non-binding.

2.2 The purchase and supply contract is not legally effective until written order confirmation has been sent to the customer by mamutec AG or the Customer has accepted the binding written offer by mamutec AG in writing and without reservation within the deadline specified in the offer.

2.3 Contracts for deliveries on demand and framework agreements must always be in writing in order to be deemed valid.

3. Prices

3.2 All prices specified by mamutec AG in offers, brochures, price lists, order confirmations and similar documents are in Swiss francs (CHF), do not include VAT and apply to bulk goods sent ex works unless otherwise explicitly specified in the corresponding documents.

3.3 In the case of pricing with reference to price lists, the price list valid at the time of the conclusion of contract applies. The Customer is responsible for individually obtaining information on the price list valid at the time in question. mamutec AG reserves the right to adjust price lists and price details in brochures at any time without prior notification.

3.4 The prices agreed and specified in offers are based on the material prices, other manufacturing costs, exchange rates, customs duties, texts and other expenses that apply at the time of the offer or conclusion of contract. If delivery times of longer than a month are agreed, a purchase on demand or a successive delivery contract apply and the values on which the price calculation is based change between the conclusion of contract and the delivery, mamutec AG has the right to make price adjustments or to withdraw from the contract.

4. Terms and Conditions of Payment

4.1 Unless otherwise agreed in writing, goods are delivered against invoice. mamutec AG is however, entitled to demand an appropriate partial payment in any case.

4.2 When requested to do so by mamutec AG, the Customer must pay the price specified in offers, brochures, price lists or order confirmations in CHF, their home currency, US dollars (USD) or euros (EUR) instead of in the currency stated. At the discretion of mamutec AG, the standard exchange rate is the rate of exchange (average rate) in the Zurich financial centre at the time of conclusion of contract, delivery or the issuing of the invoice.

4.3 Invoices issued by mamutec AG must be paid net with no deductions such as discounts, expenses, taxes, fees, etc. within 30 days of the invoice date unless other payment conditions have been contractually agreed in writing.

4.4 Payments must be made to the registered address of mamutec AG.

4.5 If the Customer fails to meet the payment deadline, they shall be deemed to be in default of payment with no payment reminder. Default interest of 10% shall apply. In case of default, mamutec AG is immediately authorised to withdraw from the contract and claim damages.

4.6 If the Customer is in default of payment in the case of successive delivery contracts or contracts for deliveries on demand, mamutec AG is also entitled to retain further deliveries, only accept further deliveries against advance payment or with cash on delivery or immediately withdraw from the contract and claim damages.

4.7 If payment by instalments has been agreed and the Customer is in default of payment of an instalment, all outstanding instalment amounts shall be due for payment immediately and mamutec AG can either demand that the instalment due and the remaining purchase price be paid or withdraw from the contract and claim damages.

5. Shipping Conditions

5.1 Shipping and transport from the mamutec AG factories in St Gall, Switzerland; Illzach, France; and Gyomaendrőd, Hungary, are always at the risk of the Customer. mamutec AG disclaims all liability with regard to this risk.

5.2 Export shipments are sent “ex works, uninsured and duty unpaid” unless other conditions have been contractually agreed in writing.

5.3. Shipments sent within Switzerland with an invoice value of between EUR 100/CHF 160 and EUR 350/CHF 500 (net) are for account of the Customer unless other conditions have been contractually agreed in writing.

5.4 Goods for collection must be collected by the Customer ex works within a week of notification. If this does not occur, mamutec AG shall be authorised to send the goods for account of and at the risk of the Customer.

6. Delivery Times

Delivery times are only binding when agreed in writing. If mamutec AG is unable to comply with delivery deadlines, it will inform the Customer immediately. mamutec AG is entitled to a reasonable period of grace of at least four weeks. Damages due to delivery delays are excluded.

7. Reservation of Title

The goods will remain the property of mamutec AG until full payment has been received. When requested to do so by mamutec AG, the Customer is obliged to support mamutec AG in all actions involved in protecting its property rights (e.g. in the case of entries in a property register).

8. Notification of Defects and Warranty

8.1 The Customer must carefully inspect goods immediately after receiving them. Written notification of any defects must be submitted in writing within five working days after receipt of the goods or the goods will be deemed to have been accepted.

8.2 The warranty period for defects is three months after the goods have been issued by mamutec AG.

8.3 If notification of defects was submitted within the stipulated period, mamutec AG shall be responsible for repairing the goods or delivering replacement goods of equal value if the product proves to be defective under normal and careful use. Further liability, especially a reduction of the purchase price, rescission of the contract or compensation for damages, is excluded.

8.4 Products containing deviations that are technically unavoidable and usual for the trade, especially with regard to material characteristics, mass, colour, quantity, packing and design, shall not be deemed to be defective or wrong deliveries. Deviations of up to 10% must be tolerated in the case of customised products.

9. Applicable Law and Place of Jurisdiction

The law of the Switzerland shall apply with the exclusion of any interstate agreements and the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the registered office of mamutec AG in St Gall, Switzerland. mamutec AG is, however, also authorised to prosecute the Customer at their registered office or place of residence.

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Schließen