Terms of service

1. Scope

These Terms and Conditions apply to orders placed through the Memas Dessert online shop.

The online shop is primarily directed at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or 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.

Mandatory statutory consumer rights remain unaffected by these Terms and Conditions.

2. Contracting Party

The purchase contract is concluded with:

Memas Trading GmbH i. G.
Goebenstr. 10
10783 Berlin
Germany

Email: support@memasdessert.com

Memas Dessert is the trading name used for the online shop.

Further legal information can be found in our Legal Notice.

3. Conclusion of the Contract

The presentation of products in our online shop does not necessarily constitute a legally binding offer to conclude a purchase contract.

You may place products in your shopping cart and review or correct your order information before submitting the order.

By clicking the final order button, you submit a binding order for the products contained in the shopping cart.

After submitting your order, you will normally receive an automated order confirmation by email.

The automated confirmation of receipt does not necessarily constitute acceptance of the order unless acceptance is expressly stated in the confirmation or results from the circumstances.

The purchase contract is concluded when we expressly accept the order, confirm dispatch of the goods or dispatch the goods, whichever occurs first.

We reserve the right not to accept an order where there is a legitimate reason, including product unavailability, obvious pricing or technical errors, payment problems, suspected fraud, legal or regulatory restrictions, or delivery restrictions.

Any payment already received for an order that we do not accept will be refunded in accordance with applicable law.

4. Product Information

We make reasonable efforts to display product descriptions, quantities and other product information accurately.

Product packaging, presentation, design or labelling may change.

Minor differences in appearance, colour, arrangement or presentation may occur, particularly with food and confectionery products.

Product images are for illustrative purposes and may appear differently depending on the device or screen used.

For food products, customers should review the product information, ingredients, allergen information and storage instructions provided on the product, packaging or website.

If you have a food allergy or require specific product information, please contact us before consumption if the required information is unclear.

Mandatory statutory rights relating to incorrect or defective goods remain unaffected.

5. Prices and Shipping Costs

The prices displayed in the online shop apply at the time the order is placed.

Applicable taxes are included where required by law.

Shipping charges are additional unless expressly stated otherwise.

The applicable shipping cost is displayed during checkout before the order is submitted.

For deliveries to destinations subject to customs or import procedures, additional duties, import taxes or charges may be imposed by the destination country or relevant authority.

Unless expressly stated otherwise at checkout, such charges are the responsibility of the recipient.

6. Payment

The payment methods currently available for an order are displayed during checkout.

Depending on the customer’s location and the availability of the relevant payment service, payment may be processed by third-party payment providers.

The terms and conditions of the selected payment provider may additionally apply to the payment relationship between the customer and that provider.

Where payment authorisation is refused, reversed or cannot be completed, we may suspend fulfilment or refuse the order.

We reserve the right to carry out or use legally permissible fraud-prevention and payment-risk checks.

7. Delivery and Fulfilment

Orders are delivered using the shipping services available for the relevant destination.

Shipping destinations, available delivery services and shipping prices are displayed at checkout.

Processing, dispatch and delivery periods displayed on the website, during checkout or in customer communications are estimates unless a binding delivery date has been expressly agreed.

Delivery may be affected by product availability, quality-control measures, carrier disruption, customs procedures, public holidays, weather or other circumstances.

Further information is provided in our Shipping Policy.

Mandatory statutory rights in the event of delayed delivery remain unaffected.

8. Food Products, Storage and Temperature Sensitivity

Our assortment includes food products such as confectionery, chocolate products, biscuits and baked goods.

Some products may be sensitive to heat, temperature fluctuations, humidity, prolonged transportation, storage conditions and handling.

Customers should monitor shipment tracking and arrange prompt receipt or collection of food parcels.

After delivery or collection, products must be stored appropriately and in accordance with any storage information provided with the product.

We are not responsible for deterioration or damage caused after delivery by improper storage, improper handling or other circumstances attributable to the customer.

This does not limit our responsibility for goods that were defective, damaged or otherwise non-conforming at the relevant time under applicable law.

9. Delivery Address and Customer Information

The customer is responsible for providing complete and accurate order, contact and delivery information.

The customer should verify the recipient name, street, house number, postal code, city and country before submitting the order.

If a parcel cannot be delivered or is returned because the customer provided an incorrect, incomplete or inaccessible delivery address, we reserve the right to claim actual additional shipping, return or reshipment costs caused by the incorrect information, to the extent permitted by applicable law.

If the customer requests reshipment, applicable additional shipping costs may need to be paid before the parcel is shipped again.

10. Delivery Instructions and Carrier Redirections

After tracking information has been issued or the shipment has been entered into the carrier’s system, the carrier may allow the customer to change the delivery date, redirect the parcel to a parcel shop, branch or access point, request delivery to a neighbour or alternative location, or provide other delivery instructions.

Where a customer actively changes, redirects or schedules delivery through the carrier, the carrier’s records and the consequences of that instruction may be considered when assessing a delivery problem, failed delivery, delay or voluntary cancellation request.

A carrier may treat a shipping service or shipping label as used or activated after the customer has actively modified the delivery instructions.

If the customer’s delivery instruction causes actual additional or non-refundable carrier costs, we reserve the right to claim or take those costs into account to the extent permitted by applicable law.

Mandatory statutory consumer rights remain unaffected.

11. Parcel Shops, Pickup Points and Uncollected Parcels

Where delivery at the delivery address is unsuccessful, the carrier may redirect or deposit the parcel at a parcel shop, branch, access point or other authorised pickup location.

The customer is responsible for reasonably monitoring tracking information and collecting the parcel within the carrier’s collection period.

Failure to collect a parcel does not automatically constitute cancellation or a declaration of withdrawal.

If a parcel is returned because it was not collected and the failed collection is attributable to the customer, we reserve the right to claim actual additional return transport or carrier costs caused by the failed collection, to the extent permitted by applicable law.

Food products returned after extended transport or carrier storage may no longer be suitable for resale because their storage, temperature and handling history cannot be reliably verified.

The tracking history, transport duration, carrier storage period, product type and product condition may be considered when assessing the case.

Mandatory statutory consumer rights remain unaffected.

12. Refusal of Delivery

Refusing delivery is not a substitute for clearly notifying us of cancellation or withdrawal where such a right applies.

If a customer unjustifiably refuses delivery and the carrier returns the parcel, we reserve the right to claim actual additional return transportation, carrier or handling costs caused by the refusal, to the extent permitted by applicable law.

For international shipments, return transportation and carrier costs may be substantially higher than the original shipping charge.

Returned food parcels may no longer be suitable for resale due to transport duration, carrier storage, temperature exposure, humidity, handling or food-safety considerations.

Each case will be assessed individually.

Mandatory statutory consumer rights remain unaffected.

13. Cancellation Before Fulfilment or Dispatch

Customers may request cancellation before an order has been fulfilled or dispatched.

A cancellation request is accepted only once confirmed by us.

Once an order has been fulfilled, handed to a carrier or has otherwise entered the shipping process, cancellation may no longer be possible.

If a customer has already actively modified, redirected or scheduled delivery through the carrier and the carrier consequently treats the shipping service or label as used or non-refundable, actual non-refundable shipping costs may be considered in connection with a voluntary cancellation, to the extent permitted by applicable law.

Further information is provided in our Refund Policy.

Mandatory statutory consumer rights remain unaffected.

14. Statutory Right of Withdrawal and Food Products

Statutory withdrawal rights are governed by applicable law.

Where the statutory requirements are met, the right of withdrawal does not apply to goods that are liable to deteriorate or expire rapidly.

For sealed goods that are not suitable for return for reasons of health protection or hygiene, the statutory right of withdrawal may cease after the seal has been removed following delivery where the applicable legal requirements are met.

Our assortment consists of food products, including temperature-sensitive and fragile confectionery, chocolate products, biscuits and baked goods.

The quality and condition of these products may be affected by heat, temperature fluctuations, humidity, storage conditions, prolonged transportation and handling.

For food-safety and quality reasons, products that have left our controlled storage and logistics process cannot automatically be returned to stock or resold.

We cannot reliably verify the temperature, humidity, storage and handling conditions to which a food product has been exposed after delivery.

We therefore do not offer voluntary change-of-mind returns for food products.

Any mandatory statutory right of withdrawal applicable in an individual case remains unaffected.

Further information is provided in our Refund Policy and any applicable statutory withdrawal information presented to the customer.

15. Unauthorised Returns

Food products must not be returned without prior written instructions from us.

Receipt of an unauthorised return does not automatically create a right to a refund.

Because the temperature, storage and handling history of returned food products cannot always be verified, returned food products may be unsuitable for resale even where the external packaging appears intact.

The fact that a carrier successfully transports a parcel back to us does not mean that the food products are automatically suitable for resale.

Any mandatory statutory consumer rights remain unaffected.

16. Damaged, Defective, Incorrect or Missing Goods

Statutory rights relating to defective, damaged, incorrect or incomplete goods remain unaffected.

If you receive damaged, defective or incorrect products, or if products are missing from your order, please contact us promptly at:

support@memasdessert.com

Please provide:

• your order number;
• a description of the issue;
• clear photographs of the affected products; and
• where relevant, photographs of the outer and inner shipping packaging.

Because food products may be affected by storage, temperature and handling after delivery, we ask customers to report visible damage or delivery problems as soon as possible, preferably within 7 days.

This requested reporting period helps us investigate the circumstances, preserve evidence and pursue claims against the relevant carrier where appropriate.

The requested reporting period does not shorten, exclude or otherwise affect mandatory statutory warranty or defect rights.

We will assess the circumstances and provide an appropriate solution in accordance with applicable law.

Depending on the circumstances, this may include replacement, partial refund or full refund.

17. Transport Damage

If goods are delivered with obvious transport damage, please report the damage to the carrier where reasonably possible and contact us promptly.

Please retain the products and the outer and inner shipping packaging until the case has been reviewed.

We may request photographs or other reasonable information required to investigate the transportation damage.

Failure to report transport damage directly to the carrier does not affect your mandatory statutory rights against us.

Prompt notification helps us preserve evidence and pursue claims against the relevant carrier or transport service provider.

18. Refunds and Payment Processing

Approved refunds are normally issued to the original payment method unless otherwise agreed or required by law.

The time required for a refunded amount to appear may depend on the payment provider, bank or card issuer.

Payments may be processed through Shopify Payments, credit card providers, Klarna, PayPal or other payment service providers.

Certain payment providers may charge transaction or processing costs to us and may not reimburse those costs when a transaction is cancelled or refunded.

Nothing in these Terms and Conditions limits a customer’s mandatory statutory right to reimbursement.

Where no statutory cancellation, withdrawal or refund right applies and we nevertheless agree to a cancellation or refund voluntarily as a goodwill gesture, actual non-refundable third-party transaction or carrier costs may be taken into account where legally permissible and expressly agreed in the individual case.

Where the relevant payment provider fully reverses the payment-processing costs, no non-refundable payment-processing cost will be claimed on that basis.

19. Retention of Title

The goods remain our property until full payment has been received.

20. Liability

We are liable without limitation where liability arises from:

• intentional or grossly negligent conduct;
• injury to life, body or health;
• a guarantee expressly assumed by us; or
• mandatory statutory liability, including liability under applicable product liability law.

In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to foreseeable damage typical for the contract, to the extent permitted by law.

An essential contractual obligation is an obligation whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the customer may normally rely.

Any further exclusion or limitation of liability applies only to the extent permitted by applicable law.

21. Customer Accounts

Where customer accounts are available, customers are responsible for keeping their login credentials confidential and taking reasonable steps to prevent unauthorised access to their account.

Please inform us if you become aware of suspected unauthorised use of your account.

We may restrict or suspend an account where reasonably necessary to prevent fraud, misuse, security risks or unlawful activity.

22. Fraud Prevention and Misuse

We reserve the right to review orders where there are reasonable indications of fraud, payment misuse, abuse of refund procedures, repeated unjustified payment disputes or other unlawful conduct.

Where legally permissible, we may delay fulfilment while carrying out reasonable verification or refuse an order where there is a legitimate reason.

Nothing in this section limits a customer’s right to make a legitimate complaint, exercise statutory consumer rights or initiate a payment dispute in accordance with applicable law and the rules of the relevant payment provider.

23. Intellectual Property

Unless otherwise stated, the content of the Memas Dessert online shop, including text, graphics, logos, photographs and website content, is protected by applicable intellectual property law.

Content may not be commercially reproduced, distributed or used without the permission of the relevant rights holder, except where permitted by law.

Third-party trademarks and product names remain the property of their respective owners.

24. Data Protection

Personal data is processed in accordance with applicable data-protection law and our Privacy Policy.

Information regarding the processing of personal data, payment processing, shipping providers and other service providers is provided in our Privacy Policy.

25. Consumer Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board unless a legal obligation to participate applies in an individual case.

26. Applicable Law

German law applies.

For consumers, this choice of law does not deprive the consumer of mandatory protections granted by the law of the country in which the consumer has their habitual residence where those protections apply under mandatory law.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

27. Severability

If an individual provision of these Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions remain unaffected to the extent permitted by law.

The applicable statutory provisions shall apply in place of an invalid or unenforceable provision.

28. Contact

For questions concerning an order, delivery, cancellation or product issue, please contact:

Memas Trading GmbH i. G.
Memas Dessert
Goebenstr. 10
10783 Berlin
Germany

Email: support@memasdessert.com

Please include your order number where your request concerns an existing order.

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