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Terms of service
1.Field of application
The following terms and conditions apply to all orders placed via our online shop.
Our online shop is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes
that are predominantly neither commercial nor their independent
professional activity. 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.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Make Memories. The
presentation of the products in the online shop does not constitute a legally binding offer,
but rather a non-binding online catalog. 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 aids provided and explained in the
order process. By clicking
the order button, you are placing a binding order for the goods contained in the shopping cart.
Confirmation of receipt of your order will be sent by e-mail
immediately after the order has been submitted.
When the contract with us is concluded depends on the payment method you have
chosen:
Klarna invoice
We accept your order by sending a declaration of acceptance in a separate email
or by delivering the goods within two days.
Credit card
When you place your order, you also provide us with your credit card details.
After you have been verified as the legitimate cardholder, we will ask your
credit card company to initiate the payment transaction and thereby accept
your offer.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal.
There you can enter your payment details and confirm the
payment instruction to PayPal. After placing your order in the shop,
we will request PayPal to initiate the payment transaction and thereby
accept your offer.
Sofort by Klarna
After placing your order, you will be redirected to the website of the online provider
Sofort GmbH, where you will confirm the payment instruction. This
concludes the contract with us.
Amazon Pay
During the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. There,
you can select the delivery address and payment method stored with Amazon
and confirm the payment instruction to Amazon. You will then be
redirected back to our online shop, where you can complete the order process. After placing the order, we request Amazon to initiate the payment transaction and thereby accept your offer.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We store the contract text and send you the order details and our terms and conditions
by email. You can view the contract text in our customer login area.
4. Delivery conditions / shipping
Deliveries are possible to delivery addresses within the European Nation and the US.
If an order has to be reshipped due to an incorrect address provided by the buyer, we reserve the right to charge the shipping costs retrospectively. The flat rate for this is €2.90 / CHF 6.00. It is the buyer's responsibility to check all details before completing the order process.
5. Payment
The following payment methods are generally available in our shop:
Credit card
When you place your order, you also provide us with your credit card details.
Once you have been verified as the legitimate cardholder, we will immediately after
the order request your credit card company to initiate the payment transaction.
The payment transaction is automatically carried out by the credit card company
and your card is charged.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal.
In order to pay the invoice amount via PayPal, you must
be registered there or first register, authenticate with your access data,
and confirm the payment instruction to us. After submitting your
order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards.
You will receive further information during the ordering process.
Sofort by klarna
After placing your order, you will be redirected to the website of the online provider
Sofort GmbH. To pay the invoice amount via Sofort,
you must have an online banking account with PIN/TAN procedure that is activated for participation in Sofort,
authenticate yourself accordingly, and
confirm the payment instruction to us. You will receive further information during the
order process. The payment transaction will be carried out immediately afterwards by Sofort
and your account will be debited.
Amazon Pay
During the ordering process, you will be redirected to the website of the online provider Amazon
before completing the ordering process in our online shop. In order to
complete the ordering process via Amazon and pay the invoice amount,
you must be registered there or first register and authenticate yourself with your
access data. There you can select the delivery address and payment method stored with Amazon,
confirm the use of your data by Amazon, and confirm the payment instruction to us.
You will then be redirected back to our online shop, where you can complete the order process.
Immediately after placing your order, we will request Amazon to initiate the payment transaction.
The payment transaction will be carried out automatically by Amazon.
Further information will be provided during the order process. The payment transaction is carried out automatically by Amazon.
You will receive further information during the ordering process.
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm,
Sweden, we offer you purchase on account as a payment option.
Please note that Klarna invoices are only available to consumers and
that payment must be made to Klarna.
When purchasing on account with Klarna, you always receive the goods first and
you always have a payment period of 14 days.
The complete terms and conditions for purchase on account can be found
here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 .
6. Retention of title
The goods remain our property until full payment has been received.
7. Transport damage
If goods are delivered with obvious transport damage, please report such defects immediately to the delivery agent and contact us without delay.
Failure to make a complaint or contact us has no consequences for your legal rights and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport company. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance company.
8. Warranty and guarantees
The statutory liability for defects applies.
The following applies to used goods: If the defect occurs after one year from
delivery of the goods, claims for defects are excluded. Defects
that occur within one year of delivery of the goods can be asserted within
the statutory limitation period of two years from delivery of the goods.
Information on applicable additional guarantees and their exact conditions
can be found with the product.
9. Statutory right of withdrawal
Information on the statutory right of withdrawal can be found in the withdrawal instructions.
The statutory right of withdrawal is binding for both parties. This applies primarily and for 14 working days from the delivery date.
9.1 Incorrectly sent returns
We are not liable for the loss, destruction, loss of value, or damage of incorrectly sent returns that are not our products, regardless of the legal basis.
10. Contractual right of return
In addition to the statutory right of withdrawal for consumers and users in accordance with clause 9 above, we grant you a contractual right of return.
The right of return applies to all items purchased through the Make Memories online shop. This applies to all products unless otherwise indicated. For products purchased through marketplaces other than the Snocks online shop www.makememoriesofficial.com, the respective contractual conditions of the respective provider apply.
The products may be tried on, but should be returned to us in new condition (e.g., not worn for a long period of time).
The corresponding form can be found under Shipping.
Our extended return period is 100 days and begins on the order date. Please note that we will not process returns that reach us after 100 days from the order date. In this case, a refund is excluded.
For returns sent back to us more than 100 days after the order date, the products will be donated to a charitable organization (e.g., Caritas Mannheim).
Returns sent to our office address or warehouse address after 100 days at your own expense cannot be accepted. Refunds are excluded.
10.1 Return of complete orders
For orders with a total value of over €150.00 that were placed more than 30 days ago and are returned in full, we, Snocks GmbH, reserve the right to issue a voucher for the full purchase price instead of a refund. This voucher is then valid for 3 years from the end of the calendar year in which it was issued. Exceptions are possible.
If an order with a value of more than €39.00 is returned to us in full after the statutory withdrawal period has expired, we, Make Memories, reserve the right to retain a flat-rate shipping fee of €2.90. The amount of the respective order will be refunded to the specified payment method, minus the flat rate, within 14 working days.
10.2 Claims in the case of gifts
If a second owner wishes to return an item within our 100-day return period from the date of purchase, the complete details of the first owner or purchaser (name, address, email address, and order number) must be provided. In this case, the refund will be made using the original payment method.
If a return is sent to the seller without providing the details of the original owner or purchaser, it will not be possible to process the return. The goods will be donated. It is not possible to reverse the transaction for the applicant.
10.3 Incorrectly sent returns
We are not liable for the loss, destruction, loss of value, or damage of incorrectly sent returns that are not our products, regardless of the legal basis.
11. Undeliverable delivery
If your order cannot be delivered after several attempts for reasons beyond our control, it will be returned to us. In this case, we assume that you wish to withdraw from the contract, which then automatically converts into a restitution obligation. As a consequence, we will refund all payments received from you, excluding shipping costs, immediately, but no later than 14 days after withdrawal (with the exception of additional costs resulting from your choice of a shipping method other than the standard shipping method offered by us).
11. Discounts, discount codes & gift cards
11.1 Discounts & discount codes and usability
Each discount code can only be used once per purchase and per customer.
Only one discount code can be used per order. It is not possible to combine different discount codes. It is not possible to combine bundles and discount codes.
If a discount code is applied to an already reduced offer price (larger packaging unit/bundle), the discount will be deducted from the individual price. Discount codes cannot be exchanged for cash, nor can the monetary value of a discount code be offset or refunded in any other way. Discount codes issued to customers may not be resold or transferred to third parties. Discount codes are valid exclusively for the Make Memories online shop (https://makememoriesofficial.com).
Validity:
Discount codes are valid for a limited period only. Discount codes expire on the date stated on the discount code. Extensions are not possible.
Minimum order value:
A minimum order value is always specified in the detailed information for each discount code. If the minimum order value is subsequently not met due to the return of the corresponding item, Snocks reserves the right to charge the difference between the order with the discount code and the order without the discount code. Discount codes issued when registering for the newsletter are valid for a minimum order value of €19.99.
Returning items:
If you exercise your right of withdrawal or return the goods for other reasons, only the reduced purchase price will be refunded. There is no entitlement to a refund of the discount code or to a new discount code.
Offsetting for multiple items:
If an order to which a discount code is applied consists of multiple items (shopping cart discount), Snocks reserves the right to divide the discounted amount between one or several items on a pro rata basis.
Non-fulfillment of an order or delivery:
In the event of non-fulfillment of the order or individual items to which the discount code applied, there is no entitlement to a refund of the value of the discount code or to a new discount code.
Discount codes from third-party providers:
Discount codes, vouchers, or other bonus systems from third-party providers, such as Miles&More, PayPal, PayBack, Otto.de, or Amazon, are not valid. We are not responsible for the validity of offers or discount codes on third-party websites.
11.2 Make Memories Gift Cards
Usability:
Make Memories Gift Cards can be purchased via the online shop. These have a value of €25.00 or €250.00, which can be specified before completing the purchase. The gift cards are only valid for the Make Memories online shop (https://makememoriesofficial.com).
Validity:
All gift cards are valid for three years from the date of purchase. They can be redeemed on all products in the online shop. There is no minimum order value.
Returning items:
The right of return remains unaffected by this. The specified terms and conditions apply. If a product is returned or refunded, the amount owed will be credited back to the gift card. Payment of the amount to a means of payment other than the gift card is excluded.
Returning the voucher / Make Memories Gift Card:
A return, e.g., in 2x $25 gift cards, is excluded. A cash payment of the full or remaining amount is also not possible.
12. Liability
The above limitations and shortened periods do not apply to
claims based on damage caused by us, our legal representatives, or
vicarious agents. In such cases, we shall always be liable without limitation:
in the event of injury to life, limb, or health,
in the event of intentional or grossly negligent breach of duty,
in the event of warranty promises, if agreed, or
to the extent that the scope of application of the Product Liability Act applies.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper
execution of the contract and on the observance of which the
contractual partner can regularly rely on (cardinal obligations) due to slight
negligence on our part, on the part of our legal representatives or vicarious agents,
liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract
and which must typically be expected to occur. Otherwise,
claims for damages are excluded.
13. Extended producer responsibility
Our EPR registration numbers (Identifiant Unique, IDU) in accordance with the French regulation on extended producer responsibility are as follows:
Packaging: In progress
Textiles: In progress
These numbers confirm our registration in the French EPR system and our compliance with the legal requirements for take-back and disposal.
Terms of Service – US Legal Clauses
Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Limitation of Liability
To the fullest extent permitted by applicable law, Make Memories shall not be liable for any indirect, incidental, punitive, or consequential damages arising from the use of our products or services.
Disclaimer of Warranties
All products and services are provided “as is” and “as available” without warranties of any kind, either express or implied, except where legally required.
Chargebacks & Fraud Protection
We reserve the right to dispute fraudulent chargebacks and provide order, shipping, and delivery confirmation to payment providers.
