Terms of service
**GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION**
**Table of Contents**
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. Special Conditions for Processing Goods According to Customer Specifications
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution
1. **Scope**
1.1 These General Terms and Conditions (hereinafter "GTC") of Athanasios Vlachos, operating under "Athanasios Vlachos" (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 their online shop. The inclusion of the Customer's own conditions is hereby excluded, unless otherwise agreed.
1.2 These GTC also apply to contracts for the delivery of vouchers, unless otherwise specified.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
2. **Conclusion of Contract**
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers from the Seller but serve as an invitation for the Customer to make 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 into the virtual shopping cart and completing the electronic ordering process, the Customer makes a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering 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), with the order confirmation being deemed received by the Customer, or
- delivering the ordered goods to the Customer, with the goods being deemed received by the Customer, or
- requesting payment from the Customer after the Customer has placed their order.
If multiple of the aforementioned alternatives apply, the contract is concluded at the time when one of the alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the specified period, this is deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), in accordance with the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – in accordance with the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal during the online ordering process, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.
2.5 If the payment method "Amazon Payments" is selected, the payment processing will be carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), in accordance with the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they also give a payment order to Amazon by clicking the button that completes the ordering process. In this case, the Seller already declares acceptance of the Customer’s offer at the time the Customer triggers the payment process by clicking the button that completes the ordering process.
2.6 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 Customer has submitted their order. Further accessibility of the contract text by the Seller does not occur. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer through their password-protected user account using the relevant login data.
2.7 Before submitting a binding 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 for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries as long as they are within the electronic ordering process using the usual keyboard and mouse functions, until they click the button that completes the ordering process.
2.8 The German language is available for concluding the contract.
2.9 Order processing and contact usually occur 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. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller are delivered, especially when using spam filters.
3. **Right of Withdrawal**
3.1 Consumers generally have a right of withdrawal.
3.2 Detailed information about the right of withdrawal is provided in the Seller’s withdrawal instruction.
4. **Prices and Payment Terms**
4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices. VAT is not shown because the Seller is a small business under the VAT Act. Any additional delivery and shipping costs are separately indicated in the respective product description.
4.2 The payment options will be communicated to the Customer in the Seller’s online shop.
4.3 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out via PayPal, which may also use third-party payment service providers. If the Seller offers payment methods through PayPal where the Seller advances payment to the Customer (e.g., invoice purchase or installment payments), the Seller assigns their payment claim to PayPal or the payment service provider named by PayPal. Before accepting the Seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method in case of a negative credit result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. The payment can only be made to PayPal or the payment service provider commissioned by PayPal with discharging effect. The Seller remains responsible for general customer inquiries such as regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credits, even in the case of claims assignment.
4.4 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out 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 through Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services for processing payments, which may have special payment conditions that the Customer will be informed about separately. Further information on "Shopify Payments" can be accessed at https://www.shopify.com/legal/terms-payments-de.
4.5 If a payment method offered via the "Stripe" payment service is selected, payment processing is carried out 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 through Stripe are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services for processing payments, which may have special payment conditions that the Customer will be informed about separately. Further information on Stripe can be accessed at https://stripe.com/de.
4.6 If the payment method "Credit Card" is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of credit card payments is carried out in collaboration with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller has authorized to collect the payment on their behalf. PAYONE GmbH will charge the invoice amount to the Customer’s specified credit card account. The credit card will be charged immediately after the Customer’s order is sent in the online shop. The Seller remains responsible for general customer inquiries, such as regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credits, even when using PAYONE GmbH.
4.7 If the payment method "Credit Card" is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of credit card payments is carried out in collaboration with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns their payment claim. secupay AG will charge the invoice amount to the Customer’s specified credit card account. In the case of assignment, payment can only be made to secupay AG with discharging effect. The credit
card will be charged immediately after the Customer’s order is sent in the online shop. The provider remains responsible for general customer inquiries, such as regarding returns, complaints, withdrawal declarations and submissions, or credits, even when using secupay AG.
4.8 If the payment method "Credit Card via Stripe" is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method in case of a negative credit result.
4.9 If a payment method offered via the "Klarna" payment service is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Detailed information and the conditions of Klarna can be viewed here:
https://shop.memes-ger.de/pages/bezahlmoglichkeiten
Sure, here is the translation into English:
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**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 provided in the Seller's order processing is decisive. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by the Customer at PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails due to reasons attributable to the Customer, the Customer will bear the reasonable costs incurred by the Seller. This does not apply to the costs of reshipping if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation provided in the Seller's withdrawal instruction applies if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the purchased goods passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or other person or institution designated for the execution of the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the purchased goods generally passes only upon delivery of the goods to the Customer or a person authorized to receive them. However, if the Customer has chosen the carrier, freight forwarder, or other person or institution designated for the execution of the shipment and the Seller has not previously named this person or institution to the Customer, the risk of accidental loss and accidental deterioration of the purchased goods also passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or other person or institution designated for the execution of the shipment.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and any consideration paid will be promptly refunded.
5.5 Pickup is not possible for logistical reasons.
5.6 Vouchers will be provided to the Customer as follows:
- via email
**6) Retention of Title**
If the Seller provides advance performance, they retain ownership of the delivered goods until the full payment of the purchase price due.
**7) Liability for Defects (Warranty)**
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer is 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 the 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 within the framework of the liability for defects.
7.2 The above limitations of liability and reductions in the limitation period 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,
- For goods that have been used for a building according to their usual use and have caused its defectiveness,
- To any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4 If the Customer is a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligations according to § 377 HGB. If the Customer fails to fulfill the notification obligations specified there, the goods are considered approved.
7.5 If the Customer is a consumer, they are requested to complain about obvious transport damages to the carrier and inform the Seller. Failure to do so does not affect the Customer’s statutory or contractual claims for defects.
**8) Special Conditions for Processing Goods According to Customer Specifications**
8.1 If, according to the contract, the Seller is also obligated to process the goods according to specific customer specifications, the Customer must provide the Seller with all content necessary for processing, such as texts, images, or graphics, in the formats, formatting, image, and file sizes specified by the Seller and grant the necessary usage rights. The Customer is solely responsible for obtaining and acquiring rights to these contents. The Customer declares and assumes responsibility for having the right to use the contents provided to the Seller. The Customer particularly ensures that no third-party rights are infringed, especially copyright, trademark, and personal rights.
8.2 The Customer indemnifies the Seller from claims by third parties who may assert rights against the Seller due to violations of their rights by the contractual use of the Customer’s content. The Customer also bears the necessary costs of legal defense, including all court and attorney fees at statutory rates. This does not apply if the legal infringement is not the fault of the Customer. The Customer is obligated to provide the Seller with all information necessary for the examination of claims and defense promptly, truthfully, and completely if the Seller is sued by third parties.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or regulatory prohibitions or public morals. This applies particularly to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
**9) Redemption of Promotional Vouchers**
9.1 Vouchers that the Seller issues free of charge within the framework of promotions with a specific validity period and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller’s online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion if such an exclusion is indicated in the content of the Promotional Voucher.
9.3 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.4 Only one Promotional Voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to pay the remaining amount.
9.7 The balance of a Promotional Voucher is neither paid out in cash nor accrued interest.
9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
9.9 The Promotional Voucher is transferable. The Seller can make payments with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the holder’s lack of entitlement, incapacity to contract, or lack of representation authority.
**10) Redemption of Gift Vouchers**
10.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller’s online shop, unless otherwise specified in the voucher.
10.2 Gift Vouchers and remaining credits from Gift Vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the Customer until the expiration date.
10.3 Gift Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Only one Gift Voucher can be redeemed per order.
10.5 Gift Vouchers can only be used to purchase goods and not for purchasing additional Gift Vouchers.
10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to pay the remaining amount.
10.7 The balance of a Gift Voucher is neither paid out in cash nor accrued interest.
10.8 The Gift Voucher is transferable. The Seller can make payments with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the holder’s lack of entitlement, incapacity to contract, or lack of representation authority.
**11) Applicable Law**
For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
**12) Alternative Dispute Resolution**
12.1 The EU Commission provides an online platform for dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
**Table of Contents**
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. Special Conditions for Processing Goods According to Customer Specifications
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution
1. **Scope**
1.1 These General Terms and Conditions (hereinafter "GTC") of Athanasios Vlachos, operating under "Athanasios Vlachos" (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 their online shop. The inclusion of the Customer's own conditions is hereby excluded, unless otherwise agreed.
1.2 These GTC also apply to contracts for the delivery of vouchers, unless otherwise specified.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
2. **Conclusion of Contract**
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers from the Seller but serve as an invitation for the Customer to make 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 into the virtual shopping cart and completing the electronic ordering process, the Customer makes a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering 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), with the order confirmation being deemed received by the Customer, or
- delivering the ordered goods to the Customer, with the goods being deemed received by the Customer, or
- requesting payment from the Customer after the Customer has placed their order.
If multiple of the aforementioned alternatives apply, the contract is concluded at the time when one of the alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the specified period, this is deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), in accordance with the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – in accordance with the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal during the online ordering process, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.
2.5 If the payment method "Amazon Payments" is selected, the payment processing will be carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), in accordance with the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they also give a payment order to Amazon by clicking the button that completes the ordering process. In this case, the Seller already declares acceptance of the Customer’s offer at the time the Customer triggers the payment process by clicking the button that completes the ordering process.
2.6 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 Customer has submitted their order. Further accessibility of the contract text by the Seller does not occur. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer through their password-protected user account using the relevant login data.
2.7 Before submitting a binding 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 for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries as long as they are within the electronic ordering process using the usual keyboard and mouse functions, until they click the button that completes the ordering process.
2.8 The German language is available for concluding the contract.
2.9 Order processing and contact usually occur 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. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller are delivered, especially when using spam filters.
3. **Right of Withdrawal**
3.1 Consumers generally have a right of withdrawal.
3.2 Detailed information about the right of withdrawal is provided in the Seller’s withdrawal instruction.
4. **Prices and Payment Terms**
4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices. VAT is not shown because the Seller is a small business under the VAT Act. Any additional delivery and shipping costs are separately indicated in the respective product description.
4.2 The payment options will be communicated to the Customer in the Seller’s online shop.
4.3 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out via PayPal, which may also use third-party payment service providers. If the Seller offers payment methods through PayPal where the Seller advances payment to the Customer (e.g., invoice purchase or installment payments), the Seller assigns their payment claim to PayPal or the payment service provider named by PayPal. Before accepting the Seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method in case of a negative credit result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. The payment can only be made to PayPal or the payment service provider commissioned by PayPal with discharging effect. The Seller remains responsible for general customer inquiries such as regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credits, even in the case of claims assignment.
4.4 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out 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 through Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services for processing payments, which may have special payment conditions that the Customer will be informed about separately. Further information on "Shopify Payments" can be accessed at https://www.shopify.com/legal/terms-payments-de.
4.5 If a payment method offered via the "Stripe" payment service is selected, payment processing is carried out 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 through Stripe are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services for processing payments, which may have special payment conditions that the Customer will be informed about separately. Further information on Stripe can be accessed at https://stripe.com/de.
4.6 If the payment method "Credit Card" is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of credit card payments is carried out in collaboration with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller has authorized to collect the payment on their behalf. PAYONE GmbH will charge the invoice amount to the Customer’s specified credit card account. The credit card will be charged immediately after the Customer’s order is sent in the online shop. The Seller remains responsible for general customer inquiries, such as regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credits, even when using PAYONE GmbH.
4.7 If the payment method "Credit Card" is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of credit card payments is carried out in collaboration with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns their payment claim. secupay AG will charge the invoice amount to the Customer’s specified credit card account. In the case of assignment, payment can only be made to secupay AG with discharging effect. The credit
card will be charged immediately after the Customer’s order is sent in the online shop. The provider remains responsible for general customer inquiries, such as regarding returns, complaints, withdrawal declarations and submissions, or credits, even when using secupay AG.
4.8 If the payment method "Credit Card via Stripe" is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method in case of a negative credit result.
4.9 If a payment method offered via the "Klarna" payment service is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Detailed information and the conditions of Klarna can be viewed here:
https://shop.memes-ger.de/pages/bezahlmoglichkeiten
Sure, here is the translation into English:
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**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 provided in the Seller's order processing is decisive. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by the Customer at PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails due to reasons attributable to the Customer, the Customer will bear the reasonable costs incurred by the Seller. This does not apply to the costs of reshipping if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation provided in the Seller's withdrawal instruction applies if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the purchased goods passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or other person or institution designated for the execution of the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the purchased goods generally passes only upon delivery of the goods to the Customer or a person authorized to receive them. However, if the Customer has chosen the carrier, freight forwarder, or other person or institution designated for the execution of the shipment and the Seller has not previously named this person or institution to the Customer, the risk of accidental loss and accidental deterioration of the purchased goods also passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or other person or institution designated for the execution of the shipment.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and any consideration paid will be promptly refunded.
5.5 Pickup is not possible for logistical reasons.
5.6 Vouchers will be provided to the Customer as follows:
- via email
**6) Retention of Title**
If the Seller provides advance performance, they retain ownership of the delivered goods until the full payment of the purchase price due.
**7) Liability for Defects (Warranty)**
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer is 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 the 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 within the framework of the liability for defects.
7.2 The above limitations of liability and reductions in the limitation period 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,
- For goods that have been used for a building according to their usual use and have caused its defectiveness,
- To any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4 If the Customer is a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligations according to § 377 HGB. If the Customer fails to fulfill the notification obligations specified there, the goods are considered approved.
7.5 If the Customer is a consumer, they are requested to complain about obvious transport damages to the carrier and inform the Seller. Failure to do so does not affect the Customer’s statutory or contractual claims for defects.
**8) Special Conditions for Processing Goods According to Customer Specifications**
8.1 If, according to the contract, the Seller is also obligated to process the goods according to specific customer specifications, the Customer must provide the Seller with all content necessary for processing, such as texts, images, or graphics, in the formats, formatting, image, and file sizes specified by the Seller and grant the necessary usage rights. The Customer is solely responsible for obtaining and acquiring rights to these contents. The Customer declares and assumes responsibility for having the right to use the contents provided to the Seller. The Customer particularly ensures that no third-party rights are infringed, especially copyright, trademark, and personal rights.
8.2 The Customer indemnifies the Seller from claims by third parties who may assert rights against the Seller due to violations of their rights by the contractual use of the Customer’s content. The Customer also bears the necessary costs of legal defense, including all court and attorney fees at statutory rates. This does not apply if the legal infringement is not the fault of the Customer. The Customer is obligated to provide the Seller with all information necessary for the examination of claims and defense promptly, truthfully, and completely if the Seller is sued by third parties.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or regulatory prohibitions or public morals. This applies particularly to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
**9) Redemption of Promotional Vouchers**
9.1 Vouchers that the Seller issues free of charge within the framework of promotions with a specific validity period and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller’s online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion if such an exclusion is indicated in the content of the Promotional Voucher.
9.3 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.4 Only one Promotional Voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to pay the remaining amount.
9.7 The balance of a Promotional Voucher is neither paid out in cash nor accrued interest.
9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
9.9 The Promotional Voucher is transferable. The Seller can make payments with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the holder’s lack of entitlement, incapacity to contract, or lack of representation authority.
**10) Redemption of Gift Vouchers**
10.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller’s online shop, unless otherwise specified in the voucher.
10.2 Gift Vouchers and remaining credits from Gift Vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the Customer until the expiration date.
10.3 Gift Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Only one Gift Voucher can be redeemed per order.
10.5 Gift Vouchers can only be used to purchase goods and not for purchasing additional Gift Vouchers.
10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to pay the remaining amount.
10.7 The balance of a Gift Voucher is neither paid out in cash nor accrued interest.
10.8 The Gift Voucher is transferable. The Seller can make payments with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the holder’s lack of entitlement, incapacity to contract, or lack of representation authority.
**11) Applicable Law**
For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
**12) Alternative Dispute Resolution**
12.1 The EU Commission provides an online platform for dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.