Terms and Conditions

General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with Momento Küchen GmbH.

By placing the products in our online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We save the contract text and send you the order details and our General Terms and Conditions in text form. You can view the contract text in our customer login.

4. Delivery conditions

Shipping costs are added to the stated product prices. You can find more information about shipping costs in the individual offers.

You generally have the option of picking up your order from Momento Küchen GmbH, Nylannweg 13, 24980 Schafflund, Germany during the following business hours: 08:30 - 16:30

We do not deliver to packing stations.

5. Payment

In our shop you can generally use the following payment methods:

Prepayment
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

credit card
During the ordering process, you enter your credit card details. Your card will be charged after the goods are shipped.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by PayPal immediately after you place your order. Further information will be provided during the ordering process.

PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.

Sofort by Klarna
To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, verify your identity, and confirm the payment order. Your account will be debited immediately after placing your order. Further information will be provided during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found with the respective payment option and during the ordering process.

Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.

The invoice
The invoice amount is due within 7 days of receipt of the invoice and the goods by bank transfer to the bank account specified on the invoice. We reserve the right to only offer purchase on account after a successful credit check.

6. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.

7. Retention of title

The goods remain our property until full payment has been made.
The following applies additionally to entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have handed over the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment.

9. Warranty and Guarantees

9.1 Liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.

Restrictions on entrepreneurs

For businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to be an agreement regarding the quality of the goods. We assume no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.

Regulations for merchants

Merchants are subject to the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notification stipulated therein, the goods shall be deemed accepted, unless the defect was not detectable during inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and customer service

Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 10:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 4:00 p.m. by phone at 04621-97856333 or by email at moin@momento-kuechen.de.

10. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur.
Otherwise, claims for damages are excluded.

11. Code of Conduct

We have submitted ourselves to the following codes of conduct:

• Trusted Shops ( https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf )

12. Agreement on the use of Trusted Shops Buyer Protection

You can protect orders placed with us free of charge up to an order value of 100 euros through the Trusted Shops AG Buyer Protection. In addition, Trusted Shops offers a paid protection together with a guarantor. The Trusted Shops Buyer Protection Terms and Conditions apply, which you can find here. here Buyer protection is completed by clicking on the correspondingly labeled button on the so-called Trustcard, which appears as a pop-up on the order thank you page after placing an order. If you are already registered for Buyer Protection, your order will be automatically secured (automatic buyer protection) without you having to click the button. In order to offer you (automatic) Buyer Protection, the Trustcard must access order data stored in your browser's cache. For this purpose, a hash value of your email address as well as the order number and order amount are transmitted to Trusted Shops. If you are already registered for Buyer Protection, your order will be automatically secured. If you are not yet registered for Buyer Protection, you can register using the Trustcard as described above. Information on data protection at Trusted Shops can be found in the Buyer Protection Terms and Conditions linked above.

13. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you here We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Final provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.

Terms and Conditions created with the Trusted Shops Legal copywriter