General terms and conditions of business
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General terms and conditions with customer information
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Table of contents
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1. Scope
2. Conclusion of the 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 as "Patrick Wagner" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.3 For the purposes of these General Terms and Conditions, an entrepreneur 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 constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods contained in the shopping cart by clicking the button that completes the order process.
2.3 The seller may 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 in this respect
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer 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 considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4. When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à. r.l. et Cie, S.C.A. , 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, which can be viewed at 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 already 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 stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before placing their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.
2.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order.
2.7 The German and English languages are available for concluding the contract.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing 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 placing it.
After these 24 hours, this option is no longer available, as the products are not pre-made or stored items, but rather each product is individually printed and shipped to order in the specified size. By purchasing, the customer agrees to the seller's stated cancellation policy.
Should you wish to exercise your right of withdrawal within 24 hours, please use the withdrawal form below and send it to us by email:
To
E-mail: 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 consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
_________________________
Date
(*) Delete as appropriate
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 quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (z.B. Transfer fees, exchange rate fees) or import duties or taxes (z.B. Customs duties). Such costs may also be incurred in relation to money transfers even if the delivery is not 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 When selecting a payment method offered via the "Shopify Payments" service, payment processing is handled by 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 displayed to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which separate terms and conditions may apply. The customer will be notified separately of any such terms and conditions. Further information about "Shopify Payments" is available online at [website address missing in original text]. https://www.shopify.com/legal/terms-payments-de available.
4.5 When selecting a payment method offered via the payment service "Klarna", payment processing is handled by 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 is available at the following web address:
momentsoffame.com/pages/payment methods
5) Delivery and shipping conditions
5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for the transaction. However, if PayPal is selected as the payment method, the delivery address registered with PayPal by the customer at the time of payment is decisive.
5.2. If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.
5.3 If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer in the case of consumers as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort 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 payment 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 retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise stipulated in the following provisions, the statutory warranty provisions shall apply. Notwithstanding the above, the following applies to contracts for the supply of goods:
7.2 If the customer is acting as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- For used goods, rights and claims due to defects are excluded;
- the limitation period does not restart if a replacement delivery is made under the warranty for defects.
7.3 The aforementioned limitations of liability and reductions of time limits do not apply.
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which, according to their usual purpose, have been used for a building and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer is acting as a merchant i.S.d. According to § 1 HGB, he is subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB.If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.
7.6 If the customer is acting as a consumer, he is requested to report any delivered goods with obvious transport damage to the seller and to inform the seller of this immediately.
8) Applicable Law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their 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 point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings 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 consent to receive recurring text notifications (for your order, including abandoned cart reminders), text marketing offers, and transactional texts, including requests for reviews, from us, even if your cell phone number is on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to opt out of receiving marketing text messages and notifications, reply STOP to any mobile message we send you or use the unsubscribe link provided in one of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, are not considered a valid means of opting out. We do not charge for the service, but you are responsible for any text messaging charges levied by your mobile carrier. Message and data charges may apply.
If you have any questions, please send a text message with HELP to the number from which you received the messages. You can also contact us at https://momentsoffame.com/pages/contact Contact us for more information.
We reserve 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 a telephone number or short code changed by us, including STOP or HELP requests, may not be received, and we are not liable for fulfilling requests in such messages.
To the extent permitted by applicable law, you agree that we shall not be liable for the failed, delayed, or misdirected delivery of information sent via the service, for errors in such information, and/or for any action you may or may not take in reliance on the information or services.
Your right to privacy is important to us. See our privacy policy. https://momentsoffame.com/pages/datenschutz You can determine how we collect and use your personal data.
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.