1.1. These Terms and Conditions apply to the business relationship between mamutaki Deutschland UG (haftungsbeschränkt), Klatterstrasse 4, 52222 Stolberg (hereinafter the “Seller”) and the customer (hereinafter the “Customer”) in the version valid at the time of the order.
1.2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their trade or independent professional activity.
1.3. Deviating terms of the Customer shall not apply unless expressly agreed by the Seller.
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to submit an order. Product descriptions in catalogues or on the Seller’s websites do not constitute guarantees or warranties.
2.2. All offers are valid “while stocks last”, unless otherwise stated for the products. Errors are excepted.
3.1. Customers may select products from the Seller’s assortment and place them in a virtual shopping basket using the “Add to cart” button. Within the basket, the selection can be adjusted or deleted. By clicking “Proceed to checkout”, the Customer initiates the ordering process.
3.2. By clicking “Place order with obligation to pay”, the Customer submits a binding offer to purchase the goods in the basket. Before submitting the order, the Customer may review and amend the data at any time or cancel the process. Mandatory fields are marked with an asterisk (*).
3.3. The Seller then sends an automatic email acknowledgement listing the Customer’s order (order confirmation). This merely confirms receipt and does not constitute acceptance. The purchase contract is concluded only when the Seller dispatches or delivers the goods within two days, or confirms dispatch within two days by a second email, explicit order confirmation, or invoice. Acceptance may also occur through a payment request, and at the latest upon completion of the payment process. If the Seller does not accept within the acceptance period, no contract arises and the Customer is no longer bound by the offer.
3.4. For Customers who are entrepreneurs, the period mentioned above is seven instead of two days.
3.5. If advance payment is offered, the contract is concluded when the Seller provides bank details and requests payment. If payment is not received within 10 calendar days after the order confirmation is sent, the Seller may withdraw; the order then becomes void without further consequences for either party. Reservation of items in the case of advance payment therefore lasts for a maximum of 10 calendar days.
4.1. All prices stated on the Seller’s website include applicable statutory VAT or are VAT-exempt pursuant to § 19 UStG.
4.2. In addition to the stated prices, the Seller charges no shipping costs for delivery within Germany. For deliveries outside Germany, shipping costs are clearly communicated to the Customer on a separate information page and during checkout. Note: Orders with a delivery address in Germany can be accepted and fulfilled. Deliveries to other countries are excluded unless explicitly stated. For deliveries outside Germany, reference may be made—if available—to the online shop mamutaki.com.
5.1. Where prepayment has been agreed, dispatch occurs after receipt of the invoice amount.
5.2. If delivery fails despite three delivery attempts due to the Customer’s fault, the Seller may withdraw from the contract. Any payments received will be refunded promptly.
5.3. If the ordered product is unavailable, the Seller may withdraw from the contract and will inform the Customer without delay; a comparable product may be offered. If no comparable product is available or the Customer does not wish to receive one, the Seller will promptly refund any payments already made.
5.4. Customers are informed about delivery times and restrictions (e.g. limitation to certain countries) on a separate information page or within the respective product description.
5.5. For Customers who are entrepreneurs: the risk of accidental loss or deterioration passes to the buyer once the Seller has handed the item over to the carrier, freight forwarder, or other person or institution entrusted with the shipment. Unless otherwise agreed, the delivery dates and periods stated are not fixed deadlines.
5.6. Delivery and performance delays due to force majeure and unforeseen events that substantially impede or render delivery impossible are not attributable to the Seller vis-à-vis entrepreneur Customers, even if deadlines and dates have been bindingly agreed. In such cases, the Seller is entitled to postpone delivery/performance by the duration of the hindrance plus a reasonable start-up period. During the hindrance, the Customer is likewise released from their contractual obligations, in particular payment. If the delay is unreasonable for the Customer, the Customer may, after setting a reasonable deadline or by mutual agreement with the Seller, withdraw from the contract in writing.
6.1. The Customer may choose from the available payment methods as displayed during checkout and on a separate information page.
6.2. If payment by invoice is offered, payment is due within 10 days after receipt of goods and invoice. For all other payment methods, payment is due in advance without deduction.
6.3. If third-party providers (e.g. PayPal) are commissioned to process payment, their terms and conditions apply.
6.4. If payment is due on a specific calendar date, the Customer is in default by missing that date. Statutory default interest applies.
6.5. The Customer’s obligation to pay default interest does not preclude the assertion of further default damages by the Seller.
6.6. The Customer may set off only with counterclaims that are legally established or acknowledged by the Seller. A right of retention may be exercised only to the extent that the claims arise from the same contractual relationship.
Until full payment has been made, the delivered goods remain the property of the Seller.
For Customers who are entrepreneurs, the extended retention of title customary in German trade law applies (care duties, insurance, processing/combination clauses, advance assignment of claims from resale, collection authorization subject to revocation, and release of securities where values exceed thresholds).
8.1. The Seller provides a customer account. Within the account, customers can view their orders and stored data. The information stored is not public.
8.2. Customers must provide accurate information and update their details as necessary (e.g. new email address or postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.
8.3. The customer account may be used only in accordance with applicable laws, third-party rights, and these Terms, and solely via the access methods provided by the Seller. Use through external software (e.g. bots, crawlers) is prohibited.
8.4. Where Customers store or submit content/information within the account, the Customers are responsible for such content. The Seller does not adopt Customer content. Depending on the risk posed by the content, the Seller may take appropriate measures (partial/complete deletion, requests for action/statements, warnings, exclusions), observing necessity, proportionality, diligence, objectivity, and reasonableness.
8.5. Customers can terminate the account at any time. The Seller may terminate the account at any time with reasonable notice (generally two weeks). Extraordinary termination for good cause remains reserved.
8.6. From termination onward, the account and stored information are no longer available. It is the Customer’s responsibility to back up their data when terminating the account.
9.1. Statutory provisions on liability for defects apply, subject to the following clauses.
9.2. A guarantee exists only if expressly provided. Customers are informed of guarantee terms before submitting the order.
9.3. For entrepreneur Customers: notwithstanding statutory inspection and notification duties, the goods must be examined immediately; obvious defects must be reported in writing without delay, at the latest within two weeks of delivery, and hidden defects without delay, at the latest within two weeks of discovery. Minor deviations customary in the trade (quality, weight, size, thickness, width, finish, pattern, colour) are not defects.
9.4. For entrepreneur Customers, the choice between rectification or replacement of defective goods lies with the Seller.
9.5. For entrepreneur Customers, defect claims—without prejudice to these liability rules—generally lapse one year after transfer of risk, unless longer periods are mandatory by law (e.g. recourse claims). For used goods, warranty for entrepreneur Customers is excluded.
9.6. If an entrepreneur Customer has installed or affixed the defective item, the Seller is not obliged—absent explicit agreement—to reimburse removal and reinstallation costs under supplementary performance or recourse in the supply chain.
10.1. The following exclusions and limitations apply without prejudice to statutory requirements for claims.
10.2. The Seller is fully liable for intent and gross negligence.
10.3. For slight negligence, liability exists only for breach of essential obligations whose fulfilment enables proper performance of the contract and on which the Customer regularly relies; in such cases, liability is limited to foreseeable, typical damage. The Seller is not liable for slightly negligent breaches of other obligations.
10.4. The above limitations do not apply to injury to life, body, or health, to defects fraudulently concealed or where a guarantee of quality has been assumed. Liability under the Product Liability Act remains unaffected.
10.5. Where the Seller’s liability is excluded or limited, this also applies to the personal liability of the Seller’s employees, representatives, and agents.
11.1. Before submitting the order, the Customer can print the contract text using the browser’s print function on the final step of the order process.
11.2. The Seller also sends an order confirmation with all order data to the email address provided by the Customer. Together with the order confirmation, or at the latest upon delivery, the Customer receives a copy of these Terms, the withdrawal policy, and information on shipping, delivery, and payment conditions. If the Customer has registered in our shop, orders can be viewed in the profile area. The Seller stores the contract text but does not make it publicly accessible.
11.3. Entrepreneur Customers may receive the contract documents by email, in writing, or via reference to an online source.
12.1. For entrepreneur Customers and subject to other agreements or mandatory law, place of performance is the Seller’s registered office; the place of jurisdiction is the Seller’s registered office if the Customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in the Seller’s country. The Seller reserves the right to select another permissible venue.
12.2. For entrepreneur Customers, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory provisions conflict.
12.3. Contract language is German.
12.4. The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.