General terms and conditions of business
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General terms and conditions with customer information
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By using our website we assume you accept the terms and conditions in full. If you do not accept all of the contents of our general terms and conditions, we ask you to leave our website again.
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Table of contents
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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Alternative dispute resolution
10. SMS & Email Newsletter
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Moments Of Fame, trading under "Patrick Wagner" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the Seller concludes with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity.
1.3 Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's 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.
2.3 The seller can accept the customer's offer within five days
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.a r.l et Cie, S.CA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for Payments without a PayPal account, viewable under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form after the order has been sent (e.g. b Email, fax or letter). The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login details.
2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.7 The German and English languages are available for concluding the contract.
2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1
Exclusion or premature expiry of the right of withdrawal:
You can cancel your order within 24 hours of ordering.
After these 24 hours, this option is no longer available because the products are not prefabricated or stored products, but rather each product is printed and shipped individually to the customer in the size ordered. By purchasing, the customer agrees to the cancellation provisions stated by the seller.
If you would like to exercise your right of cancellation within 24 hours, please use the cancellation form below and send it to us by email:
To
Email: support@momentsoffame.com
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 the consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
_________________________
Date
(*) Delete what is not applicable
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g.b Transfer fees, exchange rate fees) or import duties or Taxes (e.g.b Duties). Such costs may be incurred in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If you select a payment method offered via the “Shopify Payments” payment service, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which, if applicable, Special payment conditions apply, which the customer may agree to. is pointed out separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.
4.5 If you select a payment method offered via the “Klarna” payment service, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following internet address:
momentsoffame.com/pages/payment methods
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery will take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the The customer commissions the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods are the rights and claims due to defects are excluded;
- the statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
7.3 The limitations of liability and shortening of deadlines regulated above do not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- to goods that are in accordance with their usual use were used for a building and caused its defects,
- for a possible existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for a possible existing legal recourse rights remain unaffected.
7.5 If the customer acts as a merchant i.Sd § 1 HGB, he is subject to the commercial obligation to investigate and give notice of complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the seller about delivered goods with obvious transport damage and to inform the seller immediately.
8) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, 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 or her habitual residence.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet 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.
9.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
10.) SMS & email newsletter
By agreeing to Moment Of Fame's SMS marketing at checkout and initiating a purchase or subscription through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned purchase reminders), text marketing offers and Transactional texts, including requests to receive reviews from us, even if your cell phone number is registered on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you would like to opt out of receiving marketing text messages and notifications, reply STOP to any mobile message we send or use the unsubscribe link we will provide you in a of our news. You understand and agree that alternative methods to opt-out, such as: b the use of alternative words or requests will not be considered an appropriate means of opting out. We do not charge for the Service, but you are responsible for all fees and charges related to text messaging imposed by your wireless carrier. Message and data rates may apply.
If you have any questions, please text HELP to the number you received the messages from. You can also contact us at https://momentsoffame.com/pages/contact for more information.
We have the right to change any telephone number or short code we use to operate the Service at any time. In such cases you will be notified. You agree that any messages you send to any telephone number or short code we change, including STOP or HELP requests, may not be received, and we will not be liable for honoring any requests in such messages.
To the extent permitted by applicable law, you agree that we will not be responsible for any failed, late or misdirected delivery of any information sent through the Service for any errors in such information and/or any action you may or may not take will result in reliance on the information or services.
Your right to privacy is important to us. You can choose how we collect and use your personal information in our Privacy Policy https://momentsoffame.com/pages/datenschutz .
Your rights under the California Consumer Privacy Act
The California Consumer Privacy Act (CCPA) provides you with rights regarding how your data or personal information is treated. Under the legislation, California residents can choose to opt out of the “sale” of their personal information to third parties. Based on the CCPA definition, “sale” refers to data collection for the purpose of creating advertising and other communications. Learn more about CCPA and your privacy rights.
How to opt out
By clicking on the link below, we will no longer collect or sell your personal information. This applies to both third-parties and the data we collect to help personalize your experience on our website or through other communications. For more information, view our privacy policy.