General Terms and Conditions

1. Scope of Application
These General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
A business is a natural or legal person or a partnership with legal capacity that acts in the course of its commercial or independent professional activity when entering into a legal transaction.
With respect to businesses, the following applies: if the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with Momento Living GmbH.
By placing the products in the 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 your shopping cart by clicking the order button. Immediately after submitting your order, you will receive a confirmation by e-mail.

3. Contract Language, Storage of Contract Text
The language(s) available for concluding the contract is/are: German.
We store the contract text and send you the order details and our terms and conditions in text form. You can view the contract text in our customer login area.

4. Delivery Conditions
In addition to the stated product prices, shipping costs will apply. You can find more details about shipping costs in the individual offers.
We deliver by shipping only. Unfortunately, it is not possible to collect the goods yourself.
We do not deliver to packing stations.

When we refer to “working days” in delivery information, this always means Monday to Friday. Saturday is not considered a working day.

5. Payment
The following payment methods are generally available in our online shop:

Advance Payment:
If you choose the payment method advance payment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

Credit Card:
During the order process, you enter your credit card details.
Your card will be charged immediately after the order is placed.

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 available for consumers only. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and during the order process.

Purchase on Account via Klarna:
The invoice amount is due 30 days after shipment of the goods and receipt of the invoice. Klarna may offer additional payment options to registered Klarna customers based on individual criteria in their Klarna account. We have no influence on the offering of such options; any additional payment options concern your contractual relationship with Klarna. More information is available in your Klarna account.

Installment Purchase via Klarna:
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment amount is €6.95. Klarna may offer additional payment options to registered Klarna customers based on individual criteria (e.g. interest-free installment plans). We have no influence on the offering of such options; they concern your contractual relationship with Klarna. More information is available in your Klarna account.

PayPal, PayPal Express:
To pay the invoice amount via PayPal, you must be registered with PayPal, authenticate yourself with your login data, and confirm the payment instruction.
The payment transaction will be carried out by PayPal immediately after placing the order. Further information is provided during the order process.
PayPal may offer additional payment options to registered PayPal customers based on individual criteria. We have no influence on the offering of such options; any additional payment options concern your contractual relationship with PayPal. More information is available 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 an online banking-enabled bank account, authenticate yourself accordingly, and confirm the payment instruction. Your account will be debited immediately after placing the order. Further information is provided during the order process.

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

6. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy.
Entrepreneurs are not granted a voluntary right of withdrawal.

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

8. Transport Damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us does not affect your statutory rights and their enforcement, in particular your warranty rights. However, you help us assert our own claims against the carrier or transport insurance.

For business customers: The risk of accidental loss or deterioration of the goods passes to you as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.

9. Warranty and Guarantees

9.1 Statutory Warranty Rights
Unless expressly agreed otherwise below, the statutory warranty rights apply.

The following limitations and shortening of time limits do not apply to claims for damages caused by us, our legal representatives, or agents in the event of:

• injury to life, limb, or health

• intentional or grossly negligent breach of duty and fraudulent intent

• breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)

• any guarantees that may have been given, if agreed

• claims under the German Product Liability Act (Produkthaftungsgesetz)

Limitations for business customers:
For entrepreneurs, only our own statements and the manufacturer's product descriptions included in the contract are deemed to be an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising messages.

For entrepreneurs, the limitation period for warranty claims for newly manufactured items is one year from the transfer of risk. This does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness.

Statutory limitation periods for the right of recourse remain unaffected.

Special provisions for merchants:
For merchants, the obligation to inspect and give notice of defects applies. If you fail to notify us, the goods are deemed approved unless the defect was not recognizable upon inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and Customer Service
Information about any additional warranties that may apply and their exact terms can be found with the respective product and on special information pages in our online shop.

Customer service:
You can reach our customer service for questions, complaints, and claims Monday to Thursday from 09:00 am. to 3:00 pm. by phone at +49 (0)461 500899250 or via email at hallo@momento-akustik.de.

10. Liability
We shall always be liable without limitation for claims based on damages caused by us, our legal representatives, or vicarious agents in cases of:

• injury to life, body, or health,

• intentional or grossly negligent breach of duty,

• promises of guarantee, if agreed, or

• where the scope of the Product Liability Act is applicable.

In the event of a breach of essential contractual obligations (cardinal obligations) due to slight negligence by us, our legal representatives, or vicarious agents, the liability shall be limited to the foreseeable damage that typically occurs under such contracts.
All other claims for damages are excluded.

11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can access here.

We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final Provisions
If you are a business customer, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), 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 shall be our registered office.