Terms of service

Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Greatest Moments GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not related to their trade, business, or self-employed 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, acts in the exercise of their commercial or self-employed 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 submit a binding offer by the Customer.

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 contract offer with respect to the goods in the shopping cart by clicking the button concluding 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 e-mail), 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, or
by requesting payment from the Customer after they have submitted the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of these alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned 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, payment processing is 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”), under 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 — under the terms for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method selectable in the online ordering process offered by PayPal, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the ordering process.

2.5 If the payment method “Amazon Payments” is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), under the Amazon Payments Europe User Agreement available at https://pay.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method within the online ordering process, they also issue a payment order to Amazon by clicking the button concluding the ordering process. In this case, the Seller already declares acceptance of the Customer’s offer at the time the Customer initiates the payment process by clicking the button concluding the ordering process.

2.6 When submitting an offer via the Seller’s online order form, the contract text is saved by the Seller after the conclusion of the contract and sent to the Customer after their order has been submitted in text form (e.g., e-mail, fax, or letter). Further access to the contract text by the Seller does not take place. 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 via their password-protected user account by providing the corresponding login data.

2.7 Before binding submission of the 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 recognition of input errors can be the magnification function of the browser, with which the display on the screen is enlarged. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button concluding the ordering process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the Seller’s online shop.

2.9 Order processing and contacting generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise with regard to money transfers if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment methods available to the Customer are communicated in the Seller’s online shop.

4.4 If a payment method offered via the payment service “Shopify Payments” 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 via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply, which the Customer may be informed of separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

4.5 If a payment method offered via the payment service “Stripe” 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 via Stripe are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply, which the Customer may be informed of separately. Further information about Stripe is available online at https://stripe.com/de.

4.6 If a payment method offered via the payment service “Klarna” is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions can be found here: https://www.volummi.com/pages/zahlung

5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery will take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For processing the transaction, the delivery address specified in the Seller’s order processing 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 with regard to the shipping costs if the Customer effectively exercises their right of withdrawal. For return shipping costs, in the event of an effective withdrawal by the Customer, the regulation in the Seller’s cancellation policy applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer or a person entitled to receive the goods upon delivery of the goods. Contrary to this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder, or other person or institution to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not attributable to the Seller and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title
If the Seller provides advance performance, they retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)
Unless otherwise provided for in the following regulations, the statutory provisions on liability for defects apply. In deviation from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

the Seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defect claims is one year from delivery of the goods;
defect claims for used goods are excluded;
the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned liability limitations and shortening of periods do not apply

to claims for damages and reimbursement of expenses by the Customer,
if the Seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 HGB (German Commercial Code), they are subject to the commercial obligation to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations stipulated there, the goods are deemed approved.

7.5 If the Customer acts as a consumer, they are requested to report obvious transport damage to the delivery agent and inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual warranty claims.

8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds

in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, body, or health,
based on a guarantee promise, unless otherwise provided,
on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, the liability is limited to the foreseeable, contract-typical damage, unless unlimited liability applies under the above paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability regulations also apply with regard to the Seller’s liability for their vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.

9.8 The credit of a promotional voucher will neither be paid out in cash nor bear interest.

9.9 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.

9.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased via 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 of gift vouchers can be redeemed 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 Several gift vouchers can be redeemed for one order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other 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 may be chosen to pay the difference.

10.7 The credit of a gift voucher will neither be paid out in cash nor bear interest.

10.8 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

11) Applicable Law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s registered office. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is always entitled to bring an action before the court at the Customer’s place of business.

13) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.