General Terms and Conditions

General Terms and Conditions

§1 Validity towards entrepreneurs and definitions of terms

(1) The following General Terms and Conditions of Business apply to all deliveries between us and a consumer
in the version valid at the time of the order.

A consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither
their commercial or independent professional activity (§ 13 BGB).

§2 Conclusion of a contract, storage of the contract text

(1) The following provisions on the conclusion of a contract apply to orders placed via our online store https://momentgold.store.

(2) If the contract is concluded, the contract is concluded with

Duc Dang
Landsberger Allee 70
D-10249 Berlin (Germany)

(3) The presentation of the goods in our Internet store does not constitute a legally binding contractual offer on our part,
but are only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a
binding offer to conclude a purchase contract.


(4) Upon receipt of an order in our Internet store, the following regulations apply:
The consumer submits a binding contractual offer by successfully completing the order procedure provided in our Internet store.

The order is placed in the following steps:

1) Selection of the desired goods

2) Confirm by clicking on the “Order” or “Add to shopping cart” buttons

3) Check the details in the shopping cart

4) Click on the “Checkout” button

5) Entering the buyer's information in the online store (e-mail address, delivery address and payment processing).

6) Binding submission of the order by clicking on the button “order for a fee” or “buy”

Before submitting the binding order, the consumer can return to the website on which the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the “Back” button contained in the Internet browser used by him after checking his details.
We confirm receipt of the order immediately by means of an automatically generated e-mail (“order confirmation”). With this we accept your offer. If the ordered goods are no longer in stock or no longer available or if we are unable to produce them, we will inform you immediately as soon as we become aware of this. In this case, we will effectively withdraw from the purchase contract. You will then receive a full refund. You confirm this provision by acknowledging these GTC.

(5) Storage of the contract text for orders via our Internet store: We will send you the order data by e-mail.
e-mail. You can also view the GTC at any time at https://momentgold.store/pages/agb.

For security reasons, your order data is no longer accessible via the Internet.

§3 Prices, shipping costs, payment, due date

(1) The prices shown in this store are final prices plus any shipping costs. In accordance with § 19 UStG, no sales tax is charged and therefore not shown.

(2) The consumer has the option of paying by PayPal and credit card.

§4 Delivery

(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for dispatch after manufacture.
Delivery will be made within 60 working days at the latest.
If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline shall end on the next working day.

(2) The risk of accidental loss and accidental deterioration of the sold
The risk of accidental loss and accidental deterioration of the sold item shall not pass to the buyer until the item is handed over to the buyer, even in the case of sale by dispatch.

§5 Retention of title

We reserve title to the goods until the purchase price has been paid in full.

****************************************************************************************************

§6 Right of withdrawal of the customer as a consumer:

Foreword

Please note that almost every product is made individually and therefore there is no statutory right of withdrawal.

In special cases, we may take the poster back for up to 14 days as a gesture of goodwill if it is not to your liking. However, this can only be done by prior arrangement and after we have approved it.

This excludes misprints due to our own fault, e.g. typing errors, incorrect choice of date or location, changes to the dedication, etc.

The buyer must bear the return costs in all cases.

Right of withdrawal for non-personalized products

You can revoke your contractual declaration within 14 days, without giving reasons, in text form (e.g. letter, fax, e-mail) or - if the goods are delivered to you before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations under § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.

Timely dispatch of the revocation or the goods shall suffice to comply with the revocation period. The revocation is to be sent to:

Momentgold Store
c/o Duc Dang
Landsberger Allee 70
D-10249 Berlin (Germany)
E-mail: support@momentgoldstore.freshdesk.com

Please inform us of your revocation by e-mail.

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the service received in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a store, for example. You do not have to pay compensation for any deterioration caused by the intended use of the item. Items that can be sent by parcel post are to be returned at our risk. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt. However, the right of revocation does not apply in the exceptional cases regulated by law, in particular - in the case of contracts for the delivery of goods that are manufactured according to customer specifications or - in the case of goods that are clearly tailored to the personal needs of the customer or - in the case of goods that are not suitable for return due to their nature or - in the case of delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the customer, furthermore not in the case of services that have been transmitted online (e.g. software for download or by e-mail).

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of revocation expires prematurely for contracts for the delivery of digital content if we have started to execute the contract after you have expressly agreed that we will start to execute the contract before the expiry of the revocation period and you have confirmed to us that you are aware that you will lose your right of revocation by giving your consent at the start of the execution of the contract.

****************************************************************************************************

§7 Warranty

The statutory warranty regulations apply.

§8 Contract language

The contract language is exclusively German.

Status of the GTC 07.11.2024