Terms of Service
Terms of Service
§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders made by the online shop of Memomad GmbH, Managing Director: Ronald Heinrichs.
Service hotline: call 0176 24239369, e-mail firstname.lastname@example.org
(2) The product offer in our online shop is exclusively for buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business are therefore valid for all future business relationships, even if they are not expressly agreed upon again. The inclusion of the general terms and conditions of a customer, which contradict our general terms and conditions, is already being contradicted.
(4) The contract language is exclusively English.
(5) You can check the currently valid terms and conditions at the
Visit www.memomad.de and print.
§ 2 Conclusion of contract
(1) The merchandise presentation in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-committal invitation to order goods in the online shop.
(2) By clicking the "Order now payable" button, you make a binding purchase offer (§ 145 BGB).
(3) Upon receipt of the purchase offer you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This acknowledgment of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase agreement on the goods comes into existence only if we explicitly declare acceptance of the purchase offer or if we send the goods to you without prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages contain the legal value added tax and other price components and are subject to the respective shipping costs.
§ 4 Terms of payment; delay
(1) The payment is made alternatively: invoice in advance or Paypal.
(2) When selecting the payment method "Prepayment", we will call you our bank account in the order confirmation. The invoice amount must be transferred to our account within 3 days of receipt of the order confirmation.
§ 5 Offsetting / Right of Retention
(1) You are entitled to a right of set-off only if your counterclaim has been legally established, is not denied or acknowledged by us or is in a strict synallagmatic relationship with our claim.
(2) You can exercise a right of retention only if your claim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods are delivered from our warehouse to the address you specify.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the following applies in addition:
- We reserve the right to ownership of the goods until full settlement of all claims arising from the current business relationship. Prior to transfer of ownership of the reserved goods, a pledge or security transfer shall not be permitted.
- You may resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount, which you are accruing from the resale. We accept the assignment, but you are authorized to collect the receivables. If you fail to comply with your payment obligations, we reserve the right to collect claims ourselves.
- If we combine and mix the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing.
- We undertake to release the securities to which we are entitled on request in so far as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is our responsibility.
§ 7 Revocation instruction
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), ie you make the purchase for purposes which can not be attributed predominantly to your commercial or independent professional activity, you have a right of revocation under the following provisions.
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods.
In order to exercise your right of revocation, you must revoke this agreement by means of a clear declaration (eg a letter or e-mail sent by mail) to Memomad GmbH., E-mail: email@example.com , inform. You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees.
We may refuse the refund until we have recovered the goods or until you have demonstrated that you have returned the goods, whichever is earlier.
You must return the goods to us or to ... immediately and in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the deadline of 14 days.
They bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the nature, characteristics and functioning of the goods.
Model withdrawal form
If you want to revoke the contract, please fill out this form and return it.
To company: Memomad GmbH
I / we (*) hereby revoke the contract for the purchase of the following goods (*) concluded by me / us (*):
Ordered on (*) / received on (*)
Name of consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate.
End of revocation
(1) The right of revocation does not exist in the case of delivery of goods which are not prefabricated and for whose manufacture an individual selection or destination is decisive by the consumer or which are clearly tailored to the personal needs of the consumer (eg T-shirts with Your photo and your name), in the case of delivery of sealed goods which are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery, or in case of delivery of sound or video recordings or computer software in a sealed package, The seal has been removed after delivery.
(2) Please avoid damage and contamination. If possible, please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer wrapper. If you no longer own the original packaging, please provide adequate packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to poor packaging.
(3) Please call before return under the [Tel.Nr. 0176 24239369] to announce the return. This enables us to assign the products as quickly as possible.
(4) Please note that the conditions set out in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of revocation.
§ 8 Transportation damage
(1) If goods are delivered with apparent transport damage, please report such faults immediately to the deliverer and please contact us as soon as possible.
(2) The non-compliance of a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the legal provisions of the purchase law (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for warranty claims for used items is - one year - deviating from the statutory provisions. This limitation shall not apply to claims for damages resulting from injury to life, limb or health, or from a breach of a material contractual obligation, which is the fulfillment of the proper execution of the contract at first and on which the contractual partner may regularly rely (cardinal obligation) As well as for claims due to other damages that result from an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.
(3) In addition, the statutory provisions apply to the warranty
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the legal provisions apply with the following modifications:
- For the quality of the goods are only our own data and the product description of the manufacturer binding, but not public promises and utterances and other advertisement of the manufacturer.
- You are obliged to inspect the goods promptly and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. The punctual sending is sufficient to meet the deadline. This also applies to later discovered hidden defects from discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify the customer.
- In the case of defects, we make a guarantee by means of rework or replacement delivery (supplementary performance). In the event of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you may, at your discretion, demand a reduction or withdraw from the contract.
- The warranty period is one year from date of delivery.
§ 10 Liability
(1) Unlimited liability: We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for minor negligence in the case of damage resulting from the injury to life, body and health of persons.
(2) In addition, the following limited liability applies: In case of slight negligence, we shall be liable only in the event of a breach of a material contractual obligation, the performance of which is permissible for the proper implementation of the contract and which you may regularly trust to comply with. The liability for slight negligence is limited to the damages foreseeable at the time of conclusion of contract, which must typically be expected. This limitation of liability also applies to our vicarious agents.
§ 11 Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
(2) Any contracts between us and you shall be governed exclusively by German law, with the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) If you are a merchant, a legal person of public law or a public special fund, then the court of jurisdiction for all disputes arising out of or in connection with contracts between us and you.