General terms and conditions

1. Scope of application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Reservation of ownership
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions

1. Scope of application

1.1 For the business relationship between Meminto GmbH (subsequent referred to as “seller”) and the customer (subsequent referred to as “customer”), the following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order.

1.2 You can contact our customer service for questions, complaints and objections on workdays from 10:00 a.m. to 4:00 p.m. by phone at 06261 – 84 69 722 or by e-mail at support@meminto.com.

1.3 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).

1.4 Deviating conditions of the customer are not accepted, unless the seller expressly agrees to their validity.

2. Offers and service descriptions

The presentation of the products in the online shop is not a legally binding offer, but a request to place an order. Service descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise stated with the products. In all other instances, errors are reserved.

3. Order process and conclusion of contract

3.1 The customer can select products from the seller's range and purchase one product per order via the order process and subsequent payment for himself or a person to be given a gift.

3.2 The customer submits a binding request to purchase the selected item via the purchase button (may be labelled differently). Before sending the order, the customer can change and view the data at any time or cancel the purchase process. Necessary information is marked with an asterisk (*).

3.3 The Seller will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out by using the “Print” function (order confirmation). The confirmation of receipt also contains all the instructions the customer needs to use the product they have purchased. If the Customer has ordered a product for another person, it will be sent to the third person on the chosen delivery date specified by the Customer during the ordering process. The customer must ensure that the e-mail address of the third person is correct by entering it twice. The customer must also ensure that the person receiving the gift is able to receive e-mails on the delivery date.

3.4 The customer or the third person can create an account with the instructions that he/she receives after the order or on the delivery date, which will enable Meminto GmbH to provide the service. If an account already exists with the e-mail address provided by the customer or the third person, a new project can be created with it.

4. Prices and shipping costs

4.1 All prices stated on the seller's website are inclusive of the applicable statutory value added tax.

4.2 In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.

5. Services, delivery, availability of goods

5.1 If advance payment (in the form of PayPal or credit card payment) has been agreed, the service will be provided after receipt of the invoice amount. The delivery of the print products will take place after completion and approval by the customer.

5.2 Should the delivery of the goods fail due to the fault of the customer despite three attempts to deliver the goods, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3 If the ordered product is not available because the seller is not supplied with this product by his supplier without his own fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.

5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. Terms of payment

6.1 The customer can choose from the available payment methods within and before the completion of the order process. Customers will be informed about the available payment methods on a separate information page.

6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions of business apply.

6.4 If the due date of the payment is determined by the calendar, the customer is already in default by missing the date. In this case the customer has to pay the legal default interest.

6.5 The Customer's obligation to pay interest on overdue payments does not exclude the seller from claiming further compensation for losses caused by delay.

6.6 The Customer shall only be entitled to a right of offset if his counterclaims have been legally established or acknowledged by the seller. The customer may only execute a right of retention if the claims result from the same contractual relationship.

7. Reservation of ownership

Until full payment has been made, the goods remain the property of the seller.

8. Warranty for material defects and guarantee

8.1 The warranty is determined by legal regulations.

8.2 A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed of the guarantee conditions before the ordering process is initiated.

9. Liability

9.1 The following exclusions and limitations of liability shall apply to any liability of the seller for damages, regardless of the other legal requirements for claims.

9.2 The seller shall be liable without limitation if the cause of damage is based on intent or gross negligence.

9.3 Furthermore, the seller shall be liable for the slightly negligent breach of major obligations, the breach of which puts the achievement of the purpose of the contract at risk, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.

9.4 The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5 As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text

10.1 The customer can print the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

10.2 The seller also sends the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions of Business together with instructions on the right of revocation and information on shipping costs as well as terms of delivery and payment. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the contract, but do not make it accessible on the Internet.

11. Final provisions

11.1 Place of jurisdiction and place of fulfillment 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.

11.2 Contract language is English.

11.3 Platform of the European Commission for Online Dispute Resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.