Terms and Conditions

 

General Terms and Conditions and

Consumer Information

 

Your contractual partner

Your contractual partner is

Mamarella GmbH
Geisenhausenerstr. 17
81379 Munich
Germany

Tel .: 089/147 27 690 (Local landline call, mobile costs depend on the provider)
Fax: 089/147 27 699
E-mail: service@mamarella.com

Mamarella GmbH is registered in the commerical register with the District Court of Munich under the No. HRB 153508 and is represented by its managing director Petra Bedford.

Conclusion of Contract

The purchase contract is concluded when we accept your order either through an explicit declaration of acceptance in writing or by the dispatch of the goods.

For orders via www.mamarella.com the text of your order will be stored by us, and can no longer be accessed by you after completion of the ordering process. However, you will receive an order confirmation from us via e-mail with your detailed order information. 

Delivery and delivery schedule

Delivery is carried out by DHL to the address specified by you. Unless stated otherwise, we deliver the goods already on the next working day (Monday to Friday, except public holidays) after your have placed your order with the delivery agent (with the payment methods bank transfer and immediate transfer after receipt of the purchase price onto our account). Taking into account usual postal delivery times and bank terms, you will then get the delivery – unless otherwise indicated – between 1 to 4 working days (within Germany).

We make every effort to meet delivery deadlines. In the event of delays due to circumstances not known to us at the time the order was placed and which are beyond our control, the delivery date will be extended accordingly; we will inform you about such delays immediately.

If a particular item can not be delivered, we have the right to cancel the contract between us and the buyer. In this case we will inform you immediately about the unavailability and will refund you the purchase price if it has already been paid without delay.

Furniture and personalised items have a longer delivery time. Please note the information in the item text here.

Prices

All prices are inclusive of the statutory value-added tax applicable in Germany, plus shipping costs.

The prices refer to the items depicted and described, but not to their contents, accessories and decoration.

Furthermore, we do not charge VAT for deliveries to Switzerland and other countries outside the EU. This will be deducted before the order. However, please note that when importing into countries outside the EU, additional duties and other charges may apply which vary depending on the country and must be paid upon delivery by the purchaser. Contact your local customs office regarding the amount of such fees that may apply.

Shipping costs

Receive free shipping within Germany from an order value of EUR 50.

Otherwise, we charge a flat shipping rate of:

Germany EUR 2.95 (free shipping for orders over EUR 50)
Austria EUR 2.95
EU countries EUR 5.95
Switzerland EUR 5.95 including customs clearance taxes
Great Britain EUR 5.95

Furthermore, we do not charge VAT for deliveries to Switzerland and other countries outside the EU. This will be deducted before the order. However, please note that when importing into countries outside the EU, additional duties and other charges may apply which vary depending on the country and must be paid upon delivery by the purchaser. Contact your local customs office regarding the amount of such fees that may apply.

Should it be deemed necessary to implement partial deliveries quicker, you will of course not incur additional shipping costs.

Furniture purhase and deliveries of bulky goods

At present we only deliver large furniture within Germany by freight forwarders.

In order to keep the shipping costs for you as low as possible, all the furniture - unless otherwise stated - is supplied for self-assembly.

Your share of the shipping costs amounts to € 39,00 regardless of the number of pieces of furniture. For this price, the furniture is delivered to the place of use, i.e. the furniture is taken to your apartment.

For shipment of bulky items whose packaging dimensions exceed 60x60x120cm, we currently charge a bulky goods surcharge of €5 within Germany and €20 for deliveries abroad. Please note that the delivery of bulky goods is not possible in all countries. For more information on whether a bulky good can be delivered to your country, please contact our customer service under tel. 089/147 27 690 (Local landline call, mobile depending on the provider) or service@mamarella.com.

Payment options

Payment via Paypal:

You just need a valid PayPal account in order to pay with PayPal. Your payment details are only stored at PayPal and you can pay quickly, safely and directly with each order, without having to enter your data again.

Payment via PayPlus:

With Paypal Plus you can also purchase on account up to EUR 1500,-, by direct debit or credit card, even without your own PayPal account. Please note: only available in Germany. PayPal shall be entitled to determine your credit worthiness after choosing purchase on account.

Payment by credit card:

We accept MasterCard and Visa. The invoice amount will only be debited from your card once the ordered products are shipped.

Payment by advance bank transfer:

Upon receipt of our order confirmation, please transfer the payment amount quoting your order number and your name in advance to the following German account:

Account holder: Mamarella GmbH
IBAN: DE84701500000013131875
Account number: 13131875
Sort code: 70150000
Name of Bank: Stadtsparkasse München

For transfers from abroad:

SWIFT / BIC code: SSKMDEMM
IBAN: DE84701500000013131875

Please always transfer in euros.

Purchase on account (possible in Germany and Austria):

We handle purchase orders via our external partner BillPay. Please note that with this payment option a delivery to a different delivery address or Packstation is not possible. The maximum order amount is limited to EUR 750 for purchase on account.

The following provisions of BillPay apply: When purchasing on the account, the amount invoiced should be transferred to the account of our external partners by the calendar day indicated on the bill (20 or 30 calendar days after the billing date). Purchase on Account does not apply to all offers and requires a successful credit check performed by Billpay GmbH. (https://www.billpay.de/endkunden). Concluding the credit check of an order, if the customer is approved to purchase on the account, then the payment will be processed in cooperation with Billpay GmbH, to whom we transmit our claim of payment. In this situation, the customer can only make payments, with the effect of reducing debt, to Billpay GmbH. With payment on the account via Billpay, we remain responsible for general customer enquiries (e. g for goods, delivery time, and dispatch), returns, complaints, withdrawal statements and withdrawal submissions or crediting. The General Terms and Conditions (https://www.billpay.de/allgemein/datenschutz/) of Billpay GmbH apply.

 

Retention of title; offsetting, right of retention

a)We reserve ownership rights to the property until the customer has paid the purchase price in full. If you are an entrepreneur exercising a commercial or independent professional activity, or a legal entity under public law or special fund under public law, the goods remain our property until settlement of all outstanding claims from the business relationship with the customer. The corresponding security rights are transferable to third parties.

(2) You shall only be entitled to offset if your counterclaims have been legally established as final, are undisputed or approved by us or are based on deficiencies of the purchased goods whose payment we assert with our claim. Furthermore, you also have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.

(3) If the customer lapses into arrears with any payment obligation, all existing receivables shall immediately become due.
   

Right of Withdrawal

There is no right of withdrawal for the following goods:

• Personalized products, ie products which are not prefabricated and for their production an individual choice or decision by the consumer is applicable, or which are clearly tailored to the personal requirements of the consumer,

• Sealed goods which are unsuitable for reasons of health or hygiene to return if their seal was removed after delivery;

• Audio or video recordings or computer software in a sealed package, if the seal was removed after delivery

Moreover, the following applies to your order

Terms of Withdrawal

Right of Withdrawal 

You are entitled to withdraw from this contract within fourteen days without giving a reason.

The period for cancellation is fourteen days from the day that you, or any third party authorised by you other than the carrier, have or has accepted delivery of the final item(s) of your order.

To exercise your right of withdrawal, you have to inform (Mamarella GmbH, Friedensstraße 22c, 81671 Munich, Germany, Tel. 089/147 27 690 (local landline call, mobile depending on the provider), fax 089/147 27 699, E-Mail service@mamarella.com) by means of a clear statement (e.g.- by letter, fax or email) about your decision to withdraw from this contract. You may use the withdrawal form , but this is not obligatory.

Timely submission of the withdrawal notice before the end of the withdrawal period is sufficient for the purpose of observing the withdrawal time limit.

Consequences of Withdrawal

If you withdraw from this contract, we are obliged to refund all payments we have received from you including the shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of withdrawal. he customer shall be refunded using the same method of payment used for the initial transaction, unless otherwise expressly agreed; in no instance will the customer be charged fees for this refund. We may refuse to pay the refund until the goods have been returned to us, or until you have provided evidence that you have shipped the goods back, whichever comes first.

You must send back or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notified us that you are withdrawing from this contract (Mamarella GmbH, Friedenstraße 22c, 81671 Munich, Germany). The deadline will be deemed as kept if you dispatch the goods before the fourteen day deadline has expired. We shall bear the cost of returning the goods. You will only be liable for the potential loss in value of the goods if a test of the condition, characteristics, and functioning of the goods shows that the loss in value was due to improper handling on your part.

Returns from abroad

When returning the goods from abroad, the direct cost of returning the goods shall be borne by the customer.

Exchanges

Do you want an exchange for a different size or a different colour? Please place a new order and do not return the unsuitable goods as described above. We handle and reimburse your return regardless of the new order. A settlement is not possible, unfortunately.

Customer service, warranty and guarantee conditions

Despite extensive testing, it can not be excluded that our products may occasionally present defects. In this case, the statutory warranty provisions shall apply. The statutory warranty period is 2 years and begins with the delivery of the goods. Your warranty claims are initially limited to subsequent performance. If the legal preconditions are present, you can also withdraw from the contract according to §§ 440, 323 and 326 para. 5 of the BGB or reduce the purchase price in accordance with § 441 of the BGB and claim damages in accordance with §§ 440, 280, 281, 283 and 311a of the BGB or demand compensation for futile expenses in accordance with § 284 of the BGB.

Should the delivered items have obvious transportation damage or obvious material or manufacturing defects, please complain about this immediately to us or to the employee of the freight forwarder who delivers the product. Failure to report such a problem does not incur any consequences regarding your legal entitlements, however.

If we grant a seller warranty, the details are to be taken from the terms of the warranty which are included with the item. Such warranty claims and your statutory claims and rights are not limited.

Applicable Law and Jurisdiction

This agreement is governed by German law (with the exclusion of any references to other jurisdictions and the United Nations Convention on Contracts for the International Sale of Goods - CISG); for contracts with consumers those provisions remain applicable independent of the choice of law and cannot be
derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable. For contracts with merchants, legal persons under public law or special funds under public law, as well as with those who no general jurisdiction in the European Economic Area; jurisdiction and place of performance is our company headquarters in Munich. 

Your Mamarella GmbH

 

Last updated 24th April 2019