§1 Validity of the conditions

The deliveries, services and offers of Mamike Handelsgesellschaft GmbH are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. These terms and conditions shall be deemed accepted upon ordering the goods or services. General Terms and Conditions of Purchase of the Buyer are hereby objected to.
Deviations from these terms and conditions are only effective if we confirm them in writing.

§ 2 Offer and conclusion of contract

The offers of Mamike Handelsgesellschaft GmbH in price lists and advertisements are free and non-binding. Orders are binding for Mamike Handelsgesellschaft GmbH only after written confirmation. Order confirmations will only be issued upon express request.
The information in our sales documents (drawings, illustrations, dimensions, weights and other performances) are only to be understood as approximate values and do not represent any assurance of properties unless they are expressly designated in writing as binding.
If a buyer exceeds his credit limit by placing an order, we shall be released from our delivery obligation.

§ 3 Prices

The prices stated in our order confirmation are decisive. These are fixed for stock items at the time of ordering. In case of delivery bottlenecks as well as errands, the daily price on the day of order is valid.
Unless otherwise agreed, the prices are exclusive of transport costs, incl. 7.7% VAT

§ 4 Delivery and shipping costs

Items available from stock are shipped within three business days. In no case shall delays in delivery constitute grounds for claims for damages and/or a right to withdraw from the contract. Within Switzerland and to Liechtenstein we deliver B-Post free of shipping costs. Shipping to the EU may incur additional charges over which we have no control (VAT/customs). If nothing to the contrary is indicated on the customer’s order in the case of an article backorder note, Mamike Handelsgesellschaft GmbH will only carry out complete deliveries.

§ 5 Default of acceptance

If the Buyer refuses to accept the delivery items after the expiry of a grace period set for him or declares that he does not wish to accept the goods, Mamike Handelsgesellschaft GmbH may refuse performance of the contract and claim damages for non-performance. Mamike Handelsgesellschaft GmbH is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation from the Buyer for the actual damage incurred.

§ 6 Delivery

Visible quantity differences must be notified in writing to Mamike Handelsgesellschaft GmbH and the carrier immediately upon receipt of the goods, hidden quantity differences within 4 days after receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.

§ 7 Warranty

The warranty in accordance with the following provisions is 2 years, unless otherwise expressly agreed in writing.
The warranty period begins with the date of delivery. If our operating or maintenance instructions are not followed, modifications are made, parts are replaced or consumables are used that do not comply with the original specifications, any warranty shall lapse insofar as the defect is attributable to this. This also applies insofar as the defect is due to improper use, storage and handling of the equipment, or third-party intervention as well as the opening of equipment. Insignificant deviations from warranted characteristics of the goods shall not trigger any warranty rights.
Liability for normal wear and tear and wear parts is excluded.
Only the direct purchaser is entitled to warranty claims against Mamike Handelsgesellschaft GmbH and these are not assignable.

§ 8 Retention of title

The delivered goods remain the property of Mamike Handelsgesellschaft GmbH until full payment has been received.

§ 9 Payment

The payment options are: Paypal, Postfinance, immediate bank transfer, Twint or against prepayment.

§ 10 Exchange and return

In principle, there is no general right to exchange and return. Should Mamike Handelsgesellschaft GmbH nevertheless decide to take back an item, the provisions set out here shall apply.

§ 11 Right of withdrawal

There is no right of withdrawal for the customer, according to the Swiss Code of Obligations.

§ 12 Limitation of liability

Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents or assistants, except in the case of intentional or grossly negligent conduct. Any liability for consequential damages resulting from the use of the products is rejected.

§ 13 Copyrights / Software Warranty

Insofar as software is included in the scope of delivery, it shall be provided to the purchaser solely for one-time resale or for the purchaser’s own use, i.e. the purchaser may neither copy it nor provide it to others for use. Software is excluded from all warranty provisions on forms. The provisions of the manufacturer’s license agreement apply exclusively.

§ 14 Jurisdiction

Bern shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.

Bern, Friday 01. January 2021