Terms of service

 

Terms and Conditions for Memas Dessert


1. Scope

The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers.


Shipping costs are added to the stated product prices.


A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with a legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.


2. Contractual Partner, Conclusion of Contract, Correction Options

The purchase contract is concluded with Memas Dessert.


By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button.


Immediately after sending the order, you will receive another confirmation by e-mail.


3. Terms of Delivery

Shipping costs are added to the stated product prices.

You can find out more about the amount of shipping costs in the offers.


We only deliver by mail. Unfortunately, self-collection is not possible.


Import Duties and Taxes

Please be aware that import duties and taxes may apply upon delivery, depending on your country’s regulations. It is the responsibility of the customer to pay any such charges. We recommend checking with your local customs office for more information on the import policies and potential fees applicable to your order.


4. Payment

The following payment methods are generally available in our shop:

 

  • Credit Card

  • SEPA Direct Debit

  • PayPal / PayPal Express / PayPal Plus

  • Klarna (Invoice, Credit Card, Direct Debit, Installment Purchase)

  • Sofort by Klarna

  • Google Pay

  • Apple Pay

  • giropay / paydirekt

  • Skrill

  • BillPay (Invoice, Direct Debit)

 


Please refer to the full payment method details and conditions during the checkout process.


5. Retention of Title

The goods remain our property until full payment.


6. Damage in Transit

If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.


7. Warranty and Guarantees

7.1 Statutory Right to Liability for Defects

The statutory liability for defects applies.


7.2 Warranties and After-Sales Service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.


8. Liability

We are fully liable for claims based on damage caused by us, our legal representatives or vicarious agents:

 

  • in the event of injury to life, body or health,

  • in the event of intentional or grossly negligent breach of duty,

  • in the case of promises of guarantees, if agreed, or

  • if the scope of application of the Product Liability Act is applicable.

 


In the event of a breach of essential contractual obligations (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, liability is limited to the amount of foreseeable damage that must typically be expected.


Otherwise, claims for damages are excluded.


9. Notification of Defects or Shipping Issues

To ensure we can investigate and resolve any issues with your delivery (e.g. damaged, incorrect, or missing items), customers must notify us within 7 days of receiving the goods.


Please contact us at info@memasdessert.com and include:

 

  • Your order number

  • A description of the problem

  • Photos showing the issue, if possible

 


Notifications made after this 7-day period may no longer be eligible for compensation, exchange, or investigation, especially for perishable food products.


10. Right of Withdrawal

You have the right to withdraw from this contract only before the goods are dispatched. Once your order has been dispatched, withdrawal is no longer possible due to the nature of our goods.


Our products are food items, and for reasons of health protection and hygiene, returns are not accepted once the packaging has been opened or the seal removed.


To exercise your right of withdrawal (before dispatch), you must send us (Memas Dessert, Mollstr. 15, 10178 Berlin, Germany, info@memasdessert.com) a clear statement (e.g. letter or e-mail) of your decision. The sample withdrawal form can be used but is not required.


Sample Withdrawal Form (only valid before dispatch):

(To: Memas Dessert, Mollstr. 15, 10178 Berlin, Germany, info@memasdessert.com)

 

  • I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods:

  • Ordered on ()/received on ():

  • Name of consumer(s):

  • Address of consumer(s):

  • Signature of consumer(s) (only if this form is sent on paper):

  • Date:

 


(*) Delete as applicable.


11. Code of Conduct

We adhere to the following code of conduct:

Trusted Shops Quality Criteria – https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf


12. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/


We are obligated to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Str. 8, 77694 Kehl am Rhein, Germany – www.verbraucher-schlichter.de