General Terms and Conditions

General Terms and Conditions (GTC) of PKT MAM GmbH

Table of Contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Payment methods
6. Delivery and shipping conditions
7. Costs borne by returns
8. Contract duration and contract termination for subscription contracts
9. Retention of title
10. Liability for defects (warranty)
11. Redeeming promotional vouchers
12. Redemption of gift vouchers
13. Electronic communication
14. Applicable Law
15. Place of jurisdiction
16. Alternative dispute resolution
17. Provider identification | Imprint
18. Severability clause

1. Scope

These General Terms and Conditions (hereinafter “GTC”) PKT MAM GmbH (hereinafter also “PKT MAM” or “Seller”) apply to all contracts for the delivery of goods that (hereinafter also referred to as “Customer”) with PKT MAM GmbH regarding those of PKT MAM in the online shop (e.g. at https://www.mam-shop.at) – as well as goods depicted in catalogs, commercials or other media.

These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless something different is expressly stipulated.

A consumer within the meaning of these General Terms and Conditions is any natural person who purchases goods from PKT MAM that cannot be predominantly attributed to either their commercial or independent professional activity.

Depending on the product description, the subject of the contract can be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter “subscription contract”). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually agreed time intervals.

2. Conclusion of contract

The articles offered by PKT MAM in the various media can only be ordered via the Internet. Those in the online shop (e.g. at https://www.mam-shop.at) and product descriptions contained in other media do not constitute binding offers on the part of the seller, but rather an invitation to the customer to submit a binding purchase offer (an order).

Order (purchase offer):
The customer can submit the offer using the online order form integrated into the PKT MAM GmbH online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. Ordering by telephone does not take place.

Offer acceptance:
The seller accepts the customer's offer either by delivering the ordered goods (whereby the customer's receipt of the goods is decisive) or by expressly requesting payment - depending on which of the two alternatives comes first. The purchase contract is concluded with the first action taken.

Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address they provide is correct so that they can receive all relevant communications.

The law of the Republic of Austria applies to all legal relationships between the parties, excluding the UN Convention on the International Purchase of Movable Property as well as national and supranational reference standards. If the customer is a consumer, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence (principle of favourability).

Only the German language is available for concluding the contract.

Quantity restrictions:
The seller reserves the right to limit the order quantity for individual products to a standard household quantity. Corresponding information is displayed directly next to the respective product.

Orders that exceed the specified maximum quantity or that do not correspond to a normal private order quantity in terms of type and size may be rejected, reduced or canceled in whole or in part by PKT MAM.

3. Right of withdrawal

Consumers have the statutory right of withdrawal of 14 (fourteen) days from the day on which they or a third party named by them who is not the carrier took possession of the goods.

Cancellation policy:
You have the right to cancel this contract within 14 (fourteen) days without giving any reasons. The cancellation period is 14 (fourteen) days from the day on which you or a third party named by you who is not the carrier took possession of the goods. For partial deliveries, the deadline begins with receipt of the last part.

To exercise your right of withdrawal, please inform us of your decision to withdraw from this contract by means of a clear statement (e.g. by letter or email):

PKT MAM GmbH
Bösendorferstrasse 2/18
1010 Vienna, Austria
Email: hilfe@mam-shop.at

You can also use a sample cancellation form for this purpose - however, its use is not mandatory. To meet the cancellation deadline, it is sufficient to send your message on time.

Consequences of revocation:
In the event of an effective cancellation, we will refund you all payments, including the regular delivery costs (unless these go beyond a particularly inexpensive standard delivery), immediately and at the latest within 14 (fourteen) days of receipt of your cancellation notice. For the repayment we use the same payment method that was used in the original transaction. For goods that can be sent by parcel, we can withhold reimbursement until we can provide proof that the goods have been returned.

Sample cancellation form:
(If you wish to withdraw from the contract, please complete this form and send it to the address or email address above.)

Sample cancellation form 

If you want to cancel the contract, please fill out this form and send it back to: PKT MAM GmbH, Bösendorferstraße 2/18, 1010 Vienna

Email: hilfe@mam-shop.at

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*) 

Ordered on (*) / received on (*) 

Name of consumer(s): 

Address of the consumer(s): 

Signature of the consumer(s) (only for paper notification):  

Date _______ (*) delete what is not applicable 

End of cancellation policy 

4. Prices and payment terms

Unless otherwise stated in the product description, all prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs incurred will be shown separately.

For deliveries to countries outside the European Union, additional costs may arise (e.g. transfer fees, exchange rate fees, import duties or customs duties) which must be borne by the customer.

The payment options are displayed to the customer in the PKT MAM GmbH online shop.

5. Payment methods

Various payment options are available to customers in the PKT MAM GmbH online shop. Please see the display in the ordering process for the payment methods currently offered.

6. Delivery and shipping conditions

The goods are delivered by shipping to the billing address specified by the customer, unless a different delivery address has been expressly agreed.

If the transport company returns the goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping - unless the customer is not responsible for the reason for delivery or was temporarily prevented from accepting the delivery. This regulation does not apply if the customer effectively exercises his right of withdrawal; In this case, the agreements regarding return shipping costs made in the cancellation policy apply.

Upon receipt of the delivery, please check immediately whether the shipment is undamaged and complete. If there is visible transport damage, please refuse acceptance and inform us immediately.

Self-collection is not possible for logistical reasons.

In the event of delivery delays, you will be informed immediately by email. Delivery is subject to the condition that our suppliers also deliver the goods on time and in full. If an item is not available, we reserve the right to withdraw from the contract.

7. Bearing costs for returns

In the event of an effective cancellation, the consumer bears the direct costs of the return - provided we expressly informed him of this before conclusion of the contract. If no such cost arrangement was made before the contract was concluded, PKT MAM GmbH will cover the costs of the return. This regulation takes place in compliance with the legal provisions applicable in Austria.

8. Contract duration and termination of subscription contracts

Subscription contracts are concluded for an unlimited period. The customer can terminate the contract at any time without observing a notice period. The right to extraordinary termination for good cause remains unaffected. An important reason exists in particular if the terminating party cannot reasonably be expected to continue the contractual relationship, taking into account all the circumstances of the individual case.

Cancellations must be sent to us in text form (e.g. by email or letter).

9. Retention of title

The delivered goods remain the property of PKT MAM GmbH until the purchase price has been paid in full.

10. Liability for defects (warranty)

The legal regulations regarding liability for defects apply.
Please complain about any obvious transport damage directly to the delivery person and inform us immediately. If the customer fails to make such a complaint, his statutory warranty rights remain unaffected.

In the event of material defects, the customer has the right to demand subsequent performance (remedy of the defect or delivery of defect-free goods). The type of supplementary performance chosen by the customer can be refused by PKT MAM if this involves disproportionate costs. The burden of proof for the defect at the time of transfer of risk lies with the customer.

11. Redeeming promotional vouchers

Unless otherwise stated, promotional vouchers that are issued free of charge as part of promotions and cannot be purchased can only be purchased in the online shop at www.mam-shop.at can be redeemed - but only within the specified validity period.

Individual products may be excluded from voucher promotions if this is expressly stated in the voucher.

Promotional vouchers must be redeemed before completing the ordering process; subsequent billing is not possible. Only one promotional voucher can be redeemed per order. If the voucher value does not fully cover the order, the difference must be paid using one of the other payment methods offered. Any remaining balance will not be refunded. A cash replacement is not possible.

If goods that were paid for in whole or in part using a promotional voucher are returned as part of the cancellation and are therefore less than the minimum order value tied to the voucher, the voucher will not be taken into account.

The voucher is intended exclusively for the person named on it and cannot be transferred to third parties. PKT MAM reserves the right to check eligibility.

12. Redemption of Gift Vouchers

Gift vouchers that can be purchased via the PKT MAM GmbH online shop can only be redeemed in the online shop, unless otherwise stated.

Gift vouchers must be redeemed before completing the ordering process; subsequent billing is not possible. They can only be used to purchase goods and not to purchase additional gift vouchers. If the voucher value is not sufficient to pay the order in full, the difference must be paid using one of the other payment methods offered. There will be no payment or interest on the voucher value.

The gift voucher is transferable. PKT MAM provides its service to the holder of the voucher who redeems it in the online shop - provided there is no knowledge of an authorization disruption (e.g. lack of authority to represent).

13. Electronic Communications

You agree that all contract-related communications may be made in electronic form (e.g. by email). It is the customer's responsibility to ensure that they can receive emails from PKT MAM.

14. Applicable Law

The law of the Republic of Austria applies exclusively to all legal relationships between the parties, excluding the UN Convention on the International Purchase of Movable Property and all national and supranational reference standards. For consumers, this choice of law only applies to the extent that protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence (principle of favourability).

15. Jurisdiction

The statutory provisions regarding the place of jurisdiction apply to consumers. For all other disputes - to the extent permitted by law - the place of jurisdiction is the headquarters of PKT MAM GmbH in Vienna.

16. Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

PKT MAM is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.

If you have any questions or complaints, please contact our customer service at:
Email: hilfe@mam-shop.at

17. Provider Identification | Imprint

Company information

• Company name: PKT MAM GmbH
• Commercial register court: Vienna Commercial Court
• Company register number: FN 641510y
• UID number: ATU81592625
• Member of: Austrian Chamber of Commerce, Trade Section
• Supervisory authority: Magistrate of the City of Vienna

Object of the company:
Trade in all kinds of goods, online trade, business investments, rental and leasing

Management:
Sandro Taferner

Media owner, editor and publisher:
PKT MAM GmbH

Email: hilfe@mam-shop.at

If you have any questions or complaints, our customer service is available to you at the above email address.

18. Severability clause

Should individual provisions of these General Terms and Conditions be or become ineffective in whole or in part, this will not affect the validity of the remaining provisions. Instead of the ineffective regulation, an effective regulation is deemed to have been agreed that comes closest to the economic purpose of the ineffective regulation.