General terms and conditions of 52memories AG
52memories provides a very special postcard service on the 52memories.de website: Customers can order a contingent of postcards that can be individually designed and will then be sent to a specified address during a defined period in the future. To be able to access the contingent of the postcards ordered, the customer receives an individual access code when the order has been placed. All users of the app – the customer and third parties invited by the customer – can use this access code to access the postcard contingent ordered by the customer. 52memories is responsible for the production and international shipment of the individually designed postcards during the period selected.
§ 1 Area of application and definition of terms
(1) The following general terms and conditions (hereinafter referred to as “T&C”), in the version valid at the time of the conclusion of the contract, apply to the business relationships between 52memories AG (hereinafter referred to as “provider”) and the customer (hereinafter referred to as “customer”) regarding the services offered by the provided via the 52memories.de website and the mobile 52memories app.
A customer in terms of these general terms and conditions is any natural person who completes a legal transaction for a purpose that can neither be predominantly assigned to a commercial or self-employed activity. The T&C apply regardless whether the customer is a consumer, merchant or entrepreneur. Conditions of customers deviating from the T&C of the provider shall not apply, even if the provider has not specifically rejected them.
§ 2 Conclusion of a contract, storage of the contract text
(1) The following conditions regarding the conclusion of the contract apply to orders via the provider’s website and mobile app:
(2) In the event of a conclusion of a contract, the contract is concluded with
Registration number: CHE-353.614.461
Registration court: Commercial Register of the Canton of Lucerne, Switzerland.
(3) The customer selects products from the portfolio offered by the provider; the presentation of sample postcards on the website of the provider shall not constitute a binding offer for the conclusion of a contract. Having selected the desired products, the customer makes a binding offer for the conclusion of a contract by clicking on the “Order with obligation to pay” button. An offer to buy may only be submitted if the customer accepts the terms of contract by selecting the corresponding checkbox.
The order comprises the following steps:
1. “Selecting the package”: Selecting the postcard contingent
2. “Ship-to address for the postcards”: Entering wedding details
3. “Personal data and payment”: Entering customer details
4. Order summary and T&C”: Checking all data and the payment method, accepting the T&C
Before submitting the binding offer (“Order with obligation to pay” button), the customer can use the “arrow” button to navigate to previous steps where details were given and correct input errors or cancel the order process by closing the browser window.
When the provider receives the offer, the customer immediately receives an automatically generated email (“order confirmation”). With this email the provider accepts the offer.
§ 3 Scope of services
(1) The contract includes the production and shipment of the postcards designed by the customer or users of the product ordered by the customer to the address entered by the customer.
(2) The shipping details of the postcards are specified by the customer or users of the product ordered by the customer in the mobile 52memories app including a requested delivery date or week in the future. The postcards are produced and shipped within +/- 5 workdays around the requested date or week. A delay in the delivery of the postcards or an early delivery shall not entitle the customer to refuse acceptance of the delivery.
(3) The postcards will be shipped by a professional shipping company. The service of the provider shall be deemed completed when the provider delivers the postcards to the shipping company.
(4) The provider is not obliged to check the data provided for correctness, completeness or compliance with any legal provisions.
§ 4 Prices, shipping costs, payment, conditions of payment, withdrawal
(1) The specified prices include the statutory value added tax and other price components including production as well as national and international shipping costs for the postcards.
(2) The customer may pay by credit card and PayPal. After acceptance of the contract by the provider, the price is due immediately. The customer shall not be entitled to offset any claims of the provider unless counterclaims are undisputable or legally binding.
(3) The customer shall be obliged to pay all costs incurred by other users of the product ordered by the customer, for example, by users that were directly invited by the customer by providing the access code. This shall also apply in the case of misuse in particular.
(4) Because the cards that are ordered from the provider are individually designed by the customer or users of the product ordered by the customer using photos and texts, the cards are goods that are manufactured according to customer specifications and custom-made; therefore, withdrawal from the contract shall be excluded.
(5) If, deviating from Section 3, the right to withdraw applies, the customer has the right to withdraw from this contract within fourteen days without stating any reasons.
The withdrawal period is fourteen days from the date on which the contract was concluded. The withdrawal shall be made in writing via email to: email@example.com.
If the customer withdraws from this contract, the provider shall reimburse all payments received from the customer without undue delay and not later than fourteen days from the date on which the provider received the notification of the withdrawal from this contract. The same means of payment used by the customer for the initial transaction shall be used unless expressly agreed otherwise.
If the customer requests that the performance of the contract is to be commenced before the end of the withdrawal period, the customer shall pay an adequate amount to the provider which is in proportion to the extent of the service already provided up to the point in time when the customer informs the provider that the customer exercises his right to withdraw from the contract in comparison with the full coverage of the contract.
§ 5 Obligation to register
Only customers that are registered at the website of the provider may use the services offered by the provider and submit offers to the provider. The customer shall apply for registration with current, precise, complete and truthful personal data as defined by the registration form and update this information if required.
§ 6 Delivery and reservation of title
The selected product remains the property of the provider until the provider has received full payment. If the products selected by the customer are not or no longer available when the customer submits the order, the provider shall inform the customer about this as soon as possible. In this case, the provider may withdraw from the contract; already paid services shall be reimbursed. Any further claims on the part of the customer shall be excluded.
§ 7 Warranty
The statutory warranty provisions shall apply unless provided otherwise below.
The provider does not provide any guarantee of quality for the photos submitted to the provider to be printed on the postcards. The customer or users of the app for the product ordered by the customer are responsible for the quality of the photos, including resolution. The provider shall also not be held liable for any deviations regarding colour, dimension, resolution and display in comparison with the original file.
Der Anbieter haftet nicht für die ununterbrochene Verfügbarkeit des Online-Angebots und der Mobile-App.
The provider shall not be held liable for continuous availability of the online service and mobile app.
Furthermore, the provider shall also not be held liable for any damage which is caused during transport. The aforementioned restrictions shall also apply in favour of the legal representatives, employees and sub-contractors of the provider.
§ 8 Copyright and data privacy
The provider only stores and processes personal data and photos of the customer as well as personal data and photos of third parties provided by the customer for the purpose of processing the order. The customer or users of the product ordered by the customer explicitly accept the utilisation of the photos provided and storage of the email addresses.
Personal data shall not be disclosed to third parties unless this is necessary due to legal or regulatory provisions. If the provider uses sub-contractors for rendering the service, the provider is authorised to make the data available to the sub-contractor for the purpose in the required scope.
The customer assures that no photos, texts or other media provided by the customer or users of the product ordered by the customer infringe any third-party rights and exempts the provider from all claims made against the provider by right holders due to infringements caused by the customer.
The provider is entitled to edit the data provided by the customer or users of the product ordered by the customer in order to process the product and quality and publish it on the requested product as well as on the internet.
The provider reserves the right to not process content with discriminating, pornographic, obscene, illegal, immoral or insulting content that could infringe third-party rights. The customer or users of the product ordered by the customer will be informed by the provider of this content.
All graphics, presentations, elements, photos and texts on the website and in the app of the provider remain the sole property of the provider and are subject to the German copyright. They shall not be used for any purposes without the written consent of the provider.
The customer is entitled to obtain information from the provider concerning the personal data stored by the provider.
§ 9 Place of jurisdiction and miscellaneous
If any provision of these general terms and conditions is found to be invalid or becomes invalid, the validity of the other provisions shall not be affected. The invalid provision will be replaced by a valid provision whose content is as close as possible to the commercial meaning and purpose of the invalid provision. The same applies to contractual gaps.
If the customer is an entrepreneur, the exclusive place of jurisdiction shall be the headquarters of the provider. The law of Switzerland shall apply to all contracts.
§ 10 Customer service
The customer service for questions, complaints and objections is available via email (firstname.lastname@example.org) from 9am through 5.30pm on workdays. We will get back to you as soon as possible.
From intimate ceremonies to big parties: 52memories is the perfect surprise for any type of wedding. You can choose between four different gift sizes.
Tell us more about the happy bridal couple: Enter all required details to ensure that the postcards will be sent to the right address.
You’re nearly there! Please enter your personal details and your preferred payment method.
Please check the information provided again and complete the order.
Invite family and friends to contribute to your surprise and download the 52memories app.
Simply forward the email we’ve just sent you (“Details for the wedding guests”).
Go to your personal dashboard to get an overview of your wedding gift.