30 June 2025

Contract conditions for purchase agreements concluded via the platform of Memori GmbH, accessible at https://memori.de.

MEMORI GmbH
Adolf-Wenz-Straße 14
82049 Pullach im Isartal

Managing Director:
Christopher Carlo Schwarz

VAT ID No.:
DE340824998

Tax No.:
143/161/72106

Commercial Register:
HRB 262930
Local Court Munich

– hereinafter “MEMORI” –

the customer designated in § 2 of the contract

– hereinafter “Customer” –

(1) For the business relationship between MEMORI and the Customer, exclusively the following General Terms and Conditions in the version valid at the time of the order shall apply. Deviating general terms and conditions of the Customer shall not be recognized unless MEMORI expressly agrees to their validity in writing.

(2) The Customer is a consumer within the meaning of § 13 BGB insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity. By contrast, an entrepreneur within the meaning of § 14 BGB is any natural or legal person or legally competent partnership who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.

(1) The Customer may select products from the range of the MEMORI webshop, accessible under [final URL], and collect them in a so-called shopping cart via the button “add to cart.” Via the button “order with obligation to pay,” they submit a binding request to purchase the goods in the shopping cart. Before submitting the order, the Customer may view and amend the data at any time. The Customer may additionally order an engraving for the respective product and enter the engraving text in the designated text field. The Customer may furthermore order tailor-made products (made to order) or custom-made products (custom). The request may only be submitted and transmitted if the Customer accepts these contract conditions by clicking the button “accept our terms and conditions,” thereby including them in their request.

(2) MEMORI then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed and which the Customer may print via the “Print” function. The automatic confirmation of receipt merely documents that the Customer’s order has been received by MEMORI and does not constitute an acceptance of the request. The contract is only concluded upon submission of the declaration of acceptance by MEMORI, which is sent in a separate e-mail (order confirmation). In this e-mail, or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, the GTC, and the order confirmation) will be sent to the Customer by MEMORI on a durable medium (e-mail or paper printout) (contract confirmation). The contract text is stored in compliance with data protection laws.

(3) The documents relevant to the conclusion of the contract are in the German language.

(1) The delivery times indicated by us are calculated from the time of our order confirmation. Unless a different delivery time is specified in the webshop, the following applies:

• For standard products, delivery time is generally 5 to 10 business days after receipt of payment.

• For personalized products with engraving, delivery time is generally 10 to 14 business days after order confirmation.

If, in exceptional cases, delays occur (e.g., due to high demand, supply bottlenecks, or holidays), we will inform you immediately.

(2) If, at the time of the Customer’s order, no copies of the selected product are available, MEMORI shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, MEMORI will refrain from issuing an acceptance declaration. A contract will not be concluded in this case.

(3) If the product designated in the order is only temporarily unavailable, MEMORI shall likewise inform the Customer immediately in the order confirmation.

The delivered goods remain the property of MEMORI until full payment has been made.

(1) All prices stated on the website of MEMORI include the applicable statutory VAT.

(2) The corresponding shipping costs will be indicated to the Customer in the order form and are to be borne by the Customer unless the Customer exercises their right of withdrawal. MEMORI delivers free of shipping charges to the Customer for orders with a value of goods of 20 EUR or more.

(3) Shipment of the goods takes place by postal delivery. The shipping risk is borne by MEMORI if the Customer is a consumer.

(4) In the event of a withdrawal, the Customer bears the direct costs of returning the goods.

(5) For deliveries to countries outside the EU, additional delivery costs due to customs duties, taxes, and other fees may be incurred. These additional costs are to be borne by the Customer.

(1) The Customer may make payment by direct debit, credit card. Furthermore, MEMORI accepts payments via the following payment service providers: PayPal, Klarna, Stripe, […]. Payment by invoice is available to new customers for their first order only up to a value of goods of 100 EUR.

(2) The Customer may change the payment method stored in their user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, they must pay MEMORI default interest at a rate of 5 percentage points above the base interest rate per year.

(4) The Customer’s obligation to pay default interest does not exclude the assertion of further default damages by MEMORI.

(1) MEMORI is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for goods delivered by MEMORI is 12 months.

(2) An additional guarantee exists for goods delivered by MEMORI only if expressly provided in the order confirmation for the respective item.

(3) To maintain the longevity and shine of your MEMORI jewelry pieces, we recommend removing them before showering, bathing, exercising, and before contact with perfume, creams, cleaning agents, or other chemicals. These influences may affect the surface or lead to premature aging. 925 silver may oxidize over time—a natural process in which the surface darkens. This does not constitute a defect in quality and can easily be reversed with commercially available silver baths. Alternatively, a soft silver polishing cloth may be used to gently clean and polish the jewelry piece. After cleaning, we recommend patting the jewelry piece dry with a soft cloth—please do not rub with kitchen paper or rough cloths, as this may cause micro-scratches. Store your MEMORI jewelry pieces individually, dry, and protected—e.g., in the supplied MEMORI box—to avoid contact with other materials and mechanical friction. Improper care or handling may lead to damage for which no liability can be assumed.

(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by MEMORI, its legal representatives, or vicarious agents. Essential contractual obligations are obligations whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, MEMORI shall only be liable for the typical, foreseeable damage if this was caused by simple negligence, unless the damages concern injury to life, body, or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of MEMORI when claims are asserted directly against them.

(4) The limitations arising from paragraphs 1 and 2 do not apply insofar as MEMORI fraudulently concealed a defect or assumed a guarantee for the quality of the item. The same applies insofar as MEMORI and the Customer have made an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.

(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which MEMORI informs below in accordance with the statutory model. Paragraph (2) contains a model withdrawal form.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (…) by means of a clear declaration (e.g., a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is, however, not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including the delivery costs (except for the additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract has been received by us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you informed us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires. You bear the direct costs of returning the goods. You must only pay for any diminished value of the goods if this diminished value is attributable to handling that was not necessary for examining the condition, properties, and functioning of the goods.

(2) MEMORI informs about the model withdrawal form in accordance with the statutory provisions as follows:

Withdrawal Form

If you wish to withdraw from the contract, please use the following form:
Model Withdrawal Form (PDF)

(3) The right of withdrawal does not exist if the Customer has ordered an engraving (cf. § 2 para. 1) and this engraving has been applied to the goods (cf. § 312g para. (2) no. 1 BGB). With individually engraved products, minor deviations in engraving color, depth, or position may occur. These do not constitute a defect.

(4) The right of withdrawal also does not exist if the Customer has ordered a tailor-made product (made to order) or a custom-made product (custom) (cf. § 2 para. 1) (cf. § 312g para. (2) no. 1 BGB).

(1) The law of the Federal Republic of Germany applies to contracts between MEMORI and the Customers, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions regarding limitations of the choice of law and the applicability of mandatory provisions, particularly of the state in which the Customer as a consumer has their habitual residence, remain unaffected.

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and MEMORI is Munich.

(3) The contract shall remain binding in its remaining parts even if individual provisions are legally ineffective. In place of the ineffective provisions, the statutory provisions shall apply where available. If this would constitute an unreasonable hardship for either party, the contract shall, however, become wholly ineffective.