52memories provides an extraordinary service on the websites www.52memories.com and www.52m.app (hereinafter: “Website“): A customer orders a contingent of postcards, which are customized online and delivered as physical postcards to a specific recipient address at a time period to be determined in the future. In order to access the contingent of ordered postcards, the customer receives an individual access code and a link and QR code with it after the order. Each user - both the customer himself and, for example, third parties invited by him - accesses the ordered contingent of postcards with this access code. 52memories takes over the production and international dispatch of the individually designed postcards in the selected period and the selected rhythm.
§ 1 Scope and definition of terms
(1) The following General Terms and Conditions (hereinafter: “GTCs“) apply to the business relationship between 52memories AG (hereinafter: “Provider“) and the Customer (hereinafter: “Customer“) with regard to the services offered by the Provider via the Website in the version valid at the time of the order. The Customer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. The GTCs apply regardless of whether the customer is a consumer, merchant or entrepreneur. Any terms and conditions of the customer that deviate from the GTCs of the provider shall not be recognized; this shall also apply if the provider does not expressly object to their inclusion.
§ 2 Conclusion of a contract, storage of the contract text
(1) The following provisions on the conclusion of the contract apply to orders placed via the website of the provider:
(2) In case of conclusion of the contract, the contract is concluded with
c/o FirstOffice GmbH
Company number: CHE-353.614.461
Register Court: Commercial Register of the Canton of Zug, Switzerland
(3) The customer selects products from the offer of the provider. The presentation of exemplary postcards on the website of the Provider does not constitute a binding offer to conclude a contract. After the customer has chosen a product, he makes a binding offer to enter into a contract by clicking on the button “Buy now“. This offer can only be made when the customer accepts the terms of contract (GTCs) of the provider by clicking.
The order is placed in the following steps:
- Select package: Selection of the postcard contingent and details of the wedding and own role.
- Create profile and/or login to existing profile
- Contact details of the wedding couple including delivery address of the postcards
- Billing address
- Payment method
- Order overview and terms and conditions: check data and payment method, accept terms and conditions and data protection
Before the binding submission of the offer (button “Buy now“), the customer can return to the previous steps by pressing the “arrow“ button, on which the individual details were recorded, and correct input errors or cancel the ordering process by closing the browser window.
After receipt of the offer by the provider, the customer immediately receives an automatically generated e-mail (“Order confirmation ...“). With this, the provider accepts the offer bindingly.
§ 3 Scope of services
- (1) The Contract includes the production and delivery of the postcards designed by the Customer or the users of the product ordered by the Customer to an address specified by the Customer.
- (2) Shipping dates of the postcards are specified by the Customer or by the users of the product ordered by the Customer via the Website with a desired date or week in the future. The production and dispatch of the postcards usually takes place in the period of +/- 5 working days around the desired date. A delay in the delivery of the postcards or a too early delivery does not entitle to a refusal of acceptance or other claims, such as recourse.
- (3) The Postcards will be transported by a professional shipping company. The Provider's performance shall be deemed to be completed upon delivery of the Postcards to the shipping company.
- (4) The Provider is not obligated to check the data provided for accuracy, completeness or compliance with legal requirements.
§ 4 Prices, shipping costs, payment, due date, revocation
- (1) The prices stated are gross prices and include statutory taxes, such as sales tax or value added tax, and other price components including printing as well as national and international shipping costs of the postcards.
- (2) The customer has the option of payment by credit card, PayPal, Google Pay and Apple Pay. The price is due immediately after acceptance of the contract by the provider. The customer is not entitled to offset against claims of the provider, unless the counterclaims are undisputed or legally established.
- (3) The Customer undertakes to also bear the charges incurred by other users of the product ordered by the Customer, in particular the other users invited by the Customer directly by means of the access code or if the access data are passed on by them to others. This shall also apply in particular in the event of misuse.
- (4) Since the cards ordered via the Provider are individually designed by the Customer or the user of the product ordered by the Customer by means of photos and texts, it is a matter of goods that are manufactured according to Customer specifications and tailored to personal needs, so that a right of revocation is excluded.
- (5) If, in derogation of § 3, a right of revocation exists, the customer has the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days, from the day of the conclusion of the contract. The revocation must be in text form and should be sent by mail to: email@example.com If the Customer revokes the contract, the Provider shall repay to the Customer all payments received from the Customer without undue delay and at the latest within fourteen days from the day on which the Provider received the notification of the revocation of the contract. For this repayment, the same means of payment shall be used that the customer used for the original transaction, unless expressly agreed otherwise with the customer.
§ 5 Registration obligation
The use of the Provider's service and the sending of the offer to the Provider are dependent on the Customer registering on the Provider's website. The customer undertakes to provide current, accurate, complete and truthful information about himself as specified in the registration form and to update it if necessary.
§ 6 Delivery and retention of title
The selected product remains the property of the provider until full payment of the price. If, at the time of the customer's order, the products selected by the customer are not or no longer available, the provider shall inform the customer of this as soon as possible. In this case, the provider can withdraw from the contract; already paid services are to be refunded. Further claims of the customer do not exist.
§ 7 Warranty
The statutory warranty provisions apply, unless otherwise provided below.
The Provider does not assume any warranty for the quality of the photos transmitted to the Provider for the production of the postcards. The customer or the users of the product of the app ordered by the customer are responsible for the photo quality including resolution themselves. The Provider also assumes no liability for any differences in color, dimension, resolution and display compared to the original file. The provider is not liable for the uninterrupted availability of the online offer. The provider is also not liable for damages that occurred during transport. The aforementioned restrictions also apply to the legal representatives, employees and vicarious agents of the provider.
§ 8 Copyrights and data protection
The Provider stores and processes personal data and photos of the Customer as well as personal data and photos of third parties provided by the Customer to the extent necessary for the processing of the orders. The customer or the users of the product ordered by the customer expressly agree to the use of the photos provided by them and the storage of email addresses and personal data. The personal data will not be disclosed to third parties, unless this is required by law or official regulation. However, if the provider uses vicarious agents to fulfill his contractual obligations, he is entitled to make the data available to the vicarious agent for this purpose to the extent necessary. The customer assures that the rights of third parties are not violated by the photos, texts or other media provided by him or the users of the product ordered by him and indemnifies the provider from all claims that rights holders assert against the provider due to an infringement caused by the customer. The provider has the right to process the data provided to him by the customer or the users of the product ordered by the customer for the processing and quality of the product and to publish it on the desired product as well as online. This also includes the use and publication in emails. The customer has the right to receive information from the provider about the personal data that the provider has stored with him. The provider reserves the right not to process content with discriminatory, pornographic, obscene, illegal or immoral or offensive representations that could violate the rights of third parties. In this case, the customer or the users of the product ordered by the customer will be informed of this by the provider. All graphics, representations, elements, photos and texts on the website/app of the Provider are its sole intellectual property and are subject to copyright. They may not be used under any circumstances for any purpose without the written consent of the provider.
§ 9 Place of jurisdiction and final clause
Should individual provisions of the General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of gaps in the contract. The law of Switzerland shall apply. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in the previous sentence. All contracts and claims shall be governed exclusively by the laws of Switzerland.
§ 10 Customer service
The customer service for questions, complaints and objections is available by email at firstname.lastname@example.org