General terms and conditions / Terms of delivery and payment
- § 1 General
- § 2 Conclusion of the contract
- § 3 Offer and delivery
- § 4 Copyright and trademark law/trademarks, rental, lending
- § 5 Import and distribution licences
- § 6 Prices
- § Article 7 Payment
- § 8 Bills of exchange
- § 9 Reservation of title
- § 10 Shipping costs
- § 11 Terms of delivery
- § 12 Cancellation policy
- § 13 Transfer of risk
- § 14 Complaints
- § Article 15 Warranty
- § 16 Copyright
- § Article 17 Liability
- § 18 Data protection
- § Article 19 Final provisions
Frequently Asked Questions
- How does the shopping cart system work?
- Do I have to register?
- When does my order become binding?
- Is the contract text saved?
§ 1 General information :
Every order of the merchant or private person is placed in accordance with the following terms and conditions; deviating terms and conditions of business are not valid if they have not been accepted by us in writing in advance.§ 2 Conclusion of the contract :
§ 2.1 Product presentations in the online shop serve to submit an offer to purchase. By clicking on the "Order now" button, you submit a binding offer to purchase.
§ 2.2 We can accept your order by sending an order confirmation by e-mail or by delivering the goods within seven days. Confirmation of receipt of the order does not constitute acceptance of the offer to purchase.
§ 2.3 If our order confirmation contains typing or printing errors or if our pricing is based on technical transmission errors, we are entitled to dispute the order, which obliges us to prove our error. Payments already made will be refunded immediately.
§ 3 Offer and delivery :
Our offers are non-binding and without obligation. Orders from our customers are accepted by order confirmation or delivery. Partial deliveries are permitted. Acts of God, industrial disputes, official interventions, copyright prohibitions and other impediments to performance on our premises or at our suppliers through no fault of our own entitle us to extend the delivery period appropriately. In this case, both parties may withdraw from the order, but the customer may only do so by setting a reasonable grace period.
We shall only pay damages for non-performance or delay in delivery in cases of intent or gross negligence, but only up to the net purchase price of the goods ordered.
§ 4 Copyright and trademark law/trademarks, rental, lending :
Unauthorized reproduction of the goods sold by us and the use of registered trademarks are prohibited. It is expressly stated that the export of our goods may be subject to copyright or related protective rights of third parties in other countries. We therefore accept no liability if claims are made against the customer by the holders of these foreign rights.§ 5 Import and distribution permits :
The importer must obtain the import and distribution permits required to import the goods from his or her own country.§ 6 Prices:
§ 6.1 The prices and other conditions applicable on the day of the order are decisive, plus packaging and delivery costs.
§ 6.2 All MAM mail order prices are gross prices. (currently 19% VAT, 7% for books, tickets and magazines).
§ 7 Payment :
Payments can be made by prepayment, bank transfer, cash on delivery, credit card, direct debit, secupay direct debit, secupay credit card, Amazon Pay or PayPlus.§ 7.1 If you have chosen the direct debit procedure (direct debit), you confirm that your account has sufficient funds. We have to charge you 10.00 euros for returned direct debits (due to lack of funds, expired account, etc.). This includes bank charges and processing fees.
§ 7.2 If you pay by credit card, your account will be debited when the goods are shipped.
If you have chosen to pay by credit card and you cancel this payment after conclusion of the contract with your financial institution, we shall charge you a cancellation fee of 40.00 euros. Before cancelling a credit card payment, please contact us.
§ 7.3 Unless otherwise agreed, our invoices are payable immediately upon receipt. The invoice date is the day of delivery. We reserve the right to deliver only against cash on delivery, prepayment or other terms of payment to be agreed with the customer instead of the usual terms of payment. We reserve the right to carry out a credit assessment via Schufa, Creditreform or any other information file. If no money is received on our account within 4 weeks in case of early payment, the order will be cancelled!
§ 7.4 For invoices with a payment term of 30 days, the following provisions apply: For payment within 14 days of the invoice date, we grant a 2% discount if no balance is due in our favour. If the 30-day payment deadline is exceeded, the dealer is in default and, without an express reminder, default interest will be charged at a rate of 2% above the applicable discount rate of the Deutsche Bundesbank, but at least 5% per annum. Payment by cheque will only be counted as payment after the cheque has been credited.
§ 7.5 In the case of payment by the payment methods "direct debit secupay" and "credit card secupay", the purchase price claim is assigned to secupay AG, Goethestraße 6, 01896 Pulsnitz. Depending on the chosen method of payment, the data required for processing the payment is transferred to secupay AG. In order to estimate the risk of default, secupay AG may, under certain circumstances, carry out a credit check. By choosing the above-mentioned payment methods, you agree to the transmission of data to secupay AG and to the performance of credit checks based on credit agencies to be determined by secupay AG. You can obtain further information on the processing and storage of your data directly from secupay AG.§ 8 bill of exchange :
The presentation of bills of exchange or other documents establishing an obligation to pay shall not constitute payment. Acceptance is at our discretion and is always based on performance. The donor will be charged the discounting and collection fees customary in the banking sector and, in the event of default, the fees that are charged by the banks when the credit is drawn down.§ 9 Retention of title :
The delivered goods shall remain our property until all claims, including future and conditional claims against the customer have been settled. The customer is entitled to sell goods subject to retention of title in the ordinary course of business against payment or under retention of title. Pledging or transfer of ownership by way of security is not permitted unless agreed with us in writing. As security, the customer hereby assigns to us all rights and claims arising from the resale or any other legal grounds (insurance, tort) in respect of the reserved goods. However, the customer remains revocably entitled to collect this claim in its own name. In the event of access by third parties to the reserved goods, the customer must draw attention to our ownership and inform us immediately. If the customer is in default of payment, we shall be entitled to take back the goods subject to retention of title. For this purpose, the customer shall give us access to the goods still available. At our request, the customer must inform us immediately and comprehensively of any claims against third parties resulting from the resale of our goods and must inform the third party of the assignment without delay.§ 10 shipping costs :
§ 10.1 Domestic :
§ 10.1.1 Inland sea freight charges are 4.90 €.
§ 10.1.2 For C.O.D. shipments, the shipping costs are € 11.50 (including the current refund fee of € 6.60 including delivery costs).
§ 10.1.3 MAM GmbH & Co KG is entitled to make partial deliveries.
§ 10.1.4 From a delivery value of 100,- € we take over the shipping costs, i.e. postage and packaging costs are omitted, only the costs for cash on delivery have to be paid. The delivered goods remain our property until full payment has been made.
§ 10.2 Foreign countries :
§ 10.2.1 Due to the laws applicable to exports within the European Union, we must apply the usual VAT rates for the following countries: Belgium, France and Italy. All prices listed in the mail order shop/catalogue are gross prices including German VAT at 5 or 16%. Accordingly, the German VAT rate is deducted for the countries mentioned and adjusted by the foreign VAT rate.
§ 10.2.2 Abroad, only possible by prepayment (bank transfer, Master/Eurocard, VISA) plus shipping costs! If no amount is received within 3 weeks after prepayment, the order will be cancelled! For bank transfers from abroad, please note :
§ 10.2.3 We only accept standard bank transfers from the EU, (so please make sure to include IBAN and Swiftcode), otherwise we will charge you the bank fees charged to us! For first time credit card orders, please enclose a copy of the card.
§ 10.2.4 Shipping costs abroad :
Austria, Belgium, Spain, France, Netherlands, Poland: €9.90
Luxembourg: 12,90 €
Finland, Estonia: 13,90 €
Bulgaria, Czech Republic, Denmark, Greece, Croatia, Hungary, Ireland, Italy, Malta, Portugal, Romania, Slovakia, Slovenia, Sweden: €14.90
Switzerland, Great Britain, Lithuania, Latvia, Norway, Argentina, Cyprus, Faroe Islands, Iceland, Serbia, San Marino: 22,90 €
Brazil, Canada, Chile, Mexico, USA, Andora, Bosnia, Japan: 29,90 €
Australia, New Zealand: 32,90 €
all other countries: 32,90 €
Bank details for transfers from abroadSwiftcode: WUPSDE33
IBAN: DE35 3305 0000 0000 4665 08
he is the account holder or the person authorised to dispose of the account indicated.
In addition, MAM GmbH & Co KG will reimburse the customer up to the amount of his costs in the event of the return of debit notes
§ 11 Terms of Delivery :
§ 11.1 As a rule, we deliver within 7 days of receipt of the order (in the case of prepayment after receipt of payment). Shipment by DHL/German Post :
Delivery is made cash on delivery or in advance by credit card (Master-/Eurocard or VISA), in advance by bank transfer (the transfer must be made immediately after ordering and please indicate the order number in the reason for payment), by direct debit (we will send you a direct debit authorisation document by e-mail which you fill in and send back to us by fax/e-mail). If no payment is received within 4 weeks, the order will be cancelled!
If no information is given on the shipping method (e.g. cash on delivery, prepayment), the order will be sent by cash on delivery and by DHL/German Post, subsequent claims are unnecessary.
After a failed delivery attempt, the German Post / DHL will deposit the package at a post office near you where it can be picked up within one week.
§ 11.2 If you pay in advance and against a long waiting period (30 days and more), e.g. because the release dates change, we will send you all available items at the latest after 30 days and deliver the rest to you as soon as possible (without shipping costs, of course)!
§ 11.3 If the ordered product is not available because our suppliers have not supplied it through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, we will offer you the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund any payment already made.
§ 12 revocation instruction :
§ 12.1 Consumers have a two-week right of withdrawal.
§ 12.2 The right of revocation does not apply to the delivery of goods manufactured according to customer specifications (e.g. T-shirts with your photo or name) or clearly tailored to personal needs, nor to the delivery of audio or video recordings if the data carriers delivered have been unsealed by you (e.g. sound carriers with the cellophane lid opened).
§ 12.3 Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to faulty packaging.
§ 12.4 Please return the goods in an insured package and keep the receipt. If you wish, we will gladly reimburse you for the shipping costs in advance, unless you have to bear them yourself.
§ 12.5 Before returning the goods, please call us on +49 / (0)202 / 6983732-0 or send us an e-mail to info@mam-online.com to announce the return. This will enable us to allocate the products as quickly as possible.
§ 12.6 Please note that the terms and conditions mentioned in paragraphs 12.3 to 12.5 are not preconditions for the effective exercise of the right of withdrawal.
12a. Return costs when exercising the right of cancellation
The buyer/customer shall bear all costs of return. If you revoke this Agreement, we will refund all payments we have received from you, including delivery charges (except for any additional charges resulting from you choosing a different type of delivery from the cheapest standard delivery we offer), immediately and no later than fourteen days after we have received notification of your revocation of this Agreement. For this refund, we will use the same means of payment as you used for the original transaction, unless we have expressly agreed otherwise with you; under no circumstances will you be charged for this refund. Obligations to refund payments must be fulfilled within 14 days. For you, the period begins with the dispatch of your revocation declaration or the goods, for us with their receipt. Special notes In the case of a service, your right of revocation expires prematurely if your contractual partner has begun to perform the service with your express consent before the end of the revocation period or if you have made arrangements for this yourself.
§ 13 Transfer of risk :
§ 13.1 Delivery shall be made from our business premises for the account and at the risk of the customer, irrespective of the place of dispatch and who bears the transport costs. Any damage must therefore be reported immediately to the delivering transport company.
§ 13.2 If goods with obvious transport damage are delivered, please complain about these defects immediately to the delivery company and contact us as soon as possible on +49 / (0)202 / 6983732-0 or send us an e-mail to info@mam-online.com.
§ 13.3 The omission of a complaint or contact shall not affect your statutory warranty claims. However, you help us to be able to assert our own claims against the carrier or transport insurance company.
§ 14 Complaints :
Complaints concerning incorrect or defective delivered goods can only be taken into consideration if they reach us in writing within 14 days of receipt of the goods by the customer at the latest. A period of 6 months shall apply for defects or incorrect deliveries which are not apparent at the outset§ 15 Warranty :
In the event of a defect for which MAM is responsible, MAM GmbH & Co KG is entitled, at its discretion, to eliminate the defect or to make a replacement delivery. In the event of rectification of the defect, MAM GmbH & Co KG shall bear all costs necessary for the rectification of the defect, in particular transport, travel, labour and material costs, provided that these costs are not increased by the fact that the purchased item has been transported to a place other than the place of performance. In the case of mail-order sales, the recipient is therefore obliged to send the goods to the registered office of MAM GmbH & Co KG at his own cost and risk. MAM GmbH & Co KG shall bear the risk and costs of the return, if the complaint is justified. If elimination of the defect fails or if MAM GmbH & Co KG is not willing or able to eliminate the defect or to make a replacement delivery, or if this is delayed beyond a reasonable period of time for reasons for which MAM GmbH & Co KG is responsible, the customer is entitled to withdraw from the contract or to demand a reduction in the purchase price. Further claims of the customer, in particular claims for damages, including loss of profit or other financial losses of the customer, are excluded. The above liability agreement shall not apply if the cause of the damage is based on intent or gross negligence. It also does not apply if the customer asserts claims for damages due to the absence of a guaranteed characteristic. If an essential contractual obligation is negligently violated, the liability of MAM GmbH & Co KG is limited to the foreseeable damage. The warranty period is 6 months from the date of delivery of the purchased goods. Parts subject to wear and tear are excluded from the warranty, for which no warranty is generally granted.LP sleeves, LP inner sleeves, CD cases, CD sleeves, CD crowns as well as video sleeves and DVD cases are part of the packaging and therefore cannot be claimed. We guarantee that the goods we deliver are free of manufacturing and material defects. We are not responsible for the suitability of the goods for a specific purpose intended by the customer. The buyer must inspect the delivered goods for defects immediately after delivery. In the event of justified notice of defects, we undertake to rectify the defects or to deliver a replacement at our discretion. We are entitled to limit the warranty to the assignment of our own warranty claims against manufacturers, suppliers and authors. Further claims are excluded. Our special offers are only valid while stocks last and are excluded from exchange. We are not liable for printing errors. We reserve the right to change prices.
Washing instructions: Please wash textiles before wearing them to remove production residues. Please wash printed textiles at 30° Celsius and inside out. Do not put them in the tumble dryer
§ 16 of the Copyright Act:
The customer is solely responsible if the copyright, in particular that of third parties, is infringed by his order. The customer indemnifies MAM GmbH & Co KG against any claims by third parties.§ 17 Liability :
We exclude our liability for slightly negligent breaches of duty, insofar as such breaches of duty do not relate to obligations essential to the contract, damage resulting from injury to life, body or health or guarantees or claims under the Product Liability Act. The same shall apply to breaches of duty by our vicarious agents.
§ 18 Data protection :
§ 18.1 We will collect, process and store all personal data provided by you exclusively in accordance with the provisions of the German Data Protection Act.§ 19 Final provisions :
§ 19.1 If any provision of these general terms and conditions is invalid, the remainder of the contract shall remain in force. Instead of the invalid provision, the relevant legal provisions shall apply.
Section 19.2 of German law shall apply. The place of performance and the place of jurisdiction shall be the company's registered office in Wuppertal.
Valid as of 18.04.2023
Frequently Asked Questions
How does the shopping cart system work?
Here you will find information about the ordering process.
Do I have to register?
After selecting the products, you will be asked to enter your data. Required fields are marked with an *. You can open a customer account and place future orders after entering your username and password without having to re-enter your details.
When does my order become binding?
After selecting the products, you will be asked to enter your data. Required fields are marked with an *. You can open a customer account and place future orders after entering your username and password without having to re-enter your details.
Is the contract text saved?
We save the contract text. The order data and general terms and conditions will be sent to you by e-mail. You can also view your orders placed under My User Account. You can view, print and save the AGB here.