General Terms and Conditions (GTC)

1. Scope of Application

These General Terms and Conditions (hereinafter referred to as the “GTC”) apply to all contracts for the purchase of goods concluded via the Memorylane online shop between OMNICOMP GmbH (hereinafter referred to as the “Seller”, “we” or “us”) and its customers.

Memorylane is operated by OMNICOMP GmbH.

The sole contractual partner is:

OMNICOMP GmbH
Kleinweitendorfstraße 23b
8410 Wildon
Austria

Email: info@memorylane.at

These GTC apply to both consumers and businesses, unless an explicit distinction is made between these customer groups.

Any deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract unless we have expressly agreed to their validity in writing.

The version of the GTC applicable at the time the order is placed shall be authoritative.

2. Definitions

For the purposes of these GTC, the following definitions shall apply:

Consumer means any natural person who enters into a legal transaction predominantly for purposes that cannot be attributed to their commercial or self-employed professional activity.

Business means a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

Where special provisions in these GTC apply exclusively to consumers or businesses, this is expressly indicated.

3. Conclusion of the Contract

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.

By clicking the button “Buy Now”, “Place Order with Payment” or a button labelled accordingly, the customer submits a binding offer to conclude a purchase contract for the products contained in the shopping cart.

After receiving the order, the customer will initially receive an automatically generated confirmation by email acknowledging receipt of the order. This confirmation merely documents receipt of the order and does not yet constitute acceptance of the offer.

The purchase contract is concluded only when we:

• expressly confirm the order by email,
• dispatch the goods, or
• begin production of an individually personalised product.

We reserve the right to reject orders without stating reasons, provided there is an objective reason for doing so. This applies in particular in cases of:

• obvious pricing or product errors,
• technical transmission errors,
• lack of product availability,
• suspected abusive orders,
• unlawful or impermissible personalisation requests.

Any payments already made will, in such cases, of course be refunded without undue delay.

4. Customer Account

A customer account is not mandatory for placing an order, provided that the online shop offers the option to place an order as a guest.

If the customer registers for a customer account, they undertake to provide all information completely and truthfully and to update it without undue delay in the event of any changes.

The customer is obliged to keep their login credentials safe and protect them from access by unauthorised third parties.

Passing on the customer account to third parties is prohibited.

The customer shall be liable, within the scope of the statutory provisions, for all activities carried out using their customer account insofar as these are based on a breach of duty attributable to the customer.

We reserve the right to temporarily suspend or permanently delete customer accounts in the event of misuse or violations of these GTC.

5. Prices and Payment Terms

All prices are stated in euros.

For consumers, all prices include the applicable statutory VAT.

Any additional shipping costs will be displayed separately to the customer before completion of the order process.

Only the payment methods offered in the online shop are available.

The purchase price is due immediately upon completion of the order or in accordance with the payment method selected.

If the customer defaults on a payment, the statutory provisions shall apply.

The customer shall only have a right of set-off if their counterclaims have been legally established by a court or expressly acknowledged by us. Consumer rights remain unaffected by this.

A right of retention may only be exercised insofar as it arises from the same contractual relationship.

6. Vouchers and Discount Promotions

Unless expressly stated otherwise, vouchers and discount codes may only be redeemed during the specified period of validity.

Discount codes generally cannot be combined with one another.

Cash redemption, interest payments or subsequent crediting against orders that have already been completed are excluded.

Vouchers and discount codes may only be used in accordance with the respective promotion terms.

In the event of misuse, attempted manipulation or obvious system errors, we reserve the right to cancel discount promotions or reject acceptance of an order.

Gift vouchers remain valid until the expiry of the statutory limitation period unless a longer or shorter validity period is stated on the voucher.

7. Delivery

Delivery is made exclusively to the countries specified in the online shop and to the delivery address provided by the customer.

The respective estimated delivery time is stated in the online shop or during the ordering process. Unless expressly agreed otherwise, all delivery time estimates are non-binding guidelines.

If payment in advance or a comparable payment method has been agreed, the delivery period shall only begin after full receipt of payment.

For personalised products, the processing and/or production period shall only begin once all information, images or personalisation requirements necessary for production have been submitted in full.

If an ordered product is temporarily unavailable or delivery is significantly delayed, we will inform the customer without undue delay.

Partial deliveries are permitted insofar as they are reasonable for the customer and do not result in additional shipping costs.

If delivery cannot be made due to incorrect or incomplete address information provided by the customer, any additional costs incurred as a result shall be borne by the customer insofar as the customer is responsible for the incorrect information.

Delivery delays caused by force majeure or other unforeseeable events beyond our control (in particular natural disasters, strikes, official measures, pandemics or significant disruptions affecting shipping service providers) shall extend the delivery period for the duration of the impediment. The customer's statutory claims remain unaffected.

8. Transfer of Risk

For consumers, the risk of accidental loss or accidental deterioration of the goods shall only pass to the customer or a recipient designated by the customer upon delivery of the goods.

If delivery is delayed due to circumstances for which the customer is responsible, the risk shall pass at the point in time at which the customer is in default of acceptance.

For businesses, the risk of accidental loss or accidental deterioration of the goods shall pass upon handover of the goods to the carrier commissioned with the shipment or to the person otherwise designated to carry out the shipment.

9. Retention of Title

Until full payment of all claims arising from the respective purchase contract, the delivered goods shall remain the property of OMNICOMP GmbH.

The customer is obliged to handle goods subject to retention of title with due care.

Businesses shall not be entitled, prior to the transfer of ownership, to pledge the goods subject to retention of title or transfer them by way of security.

10. Personalised Products

Memorylane offers both personalised and non-personalised products.

Personalised products are manufactured exclusively according to the customer's individual specifications. This includes, in particular, products featuring uploaded photos, personal designs, names, texts, dates or other individual design elements.

Once production has begun, changes to or cancellation of the order are generally no longer possible.

For individually manufactured personalised products, there is no statutory right of withdrawal pursuant to Section 18 (1) item 3 of the Austrian Long-Distance and Off-Premises Contracts Act (FAGG).

Minor deviations caused by the production process and technically unavoidable deviations regarding the positioning of the design, cropping, colour or brightness do not constitute a defect, provided they do not materially impair the contractual use of the product.

11. Customer's Responsibility

The customer is obliged to carefully check all information and design elements before completing the order.

In particular, the customer is responsible for ensuring that all personalisation details are complete and correct.

This applies in particular to:

• spelling and grammar,
• names, dates and other texts,
• the selection of uploaded images,
• the selected image crop,
• product size and product variant,
• colour and design selection,
• the number of products ordered.

Once production has begun, errors resulting from incorrect or incomplete information provided by the customer can generally no longer be corrected.

Complaints based solely on spelling errors, incorrect dates or other incorrect personalisation details approved by the customer do not constitute a warranty claim.

12. Image Quality and Print Result

The quality of the finished product depends significantly on the quality of the image and design files provided by the customer.

The customer is responsible for providing only image files of sufficient quality and resolution. In particular, the following circumstances may negatively affect the print result:

• insufficient image resolution,
• blurry or shaky photographs,
• heavily compressed image files (e.g. through messaging services),
• screenshots or screen captures,
• overexposed or underexposed images,
• image noise or extensive image editing,
• unsuitable file formats or corrupted image files.

The product preview displayed in the online shop is for illustrative purposes only. Depending on the product, the size, cropping or positioning of the design may differ slightly from the on-screen display due to production-related factors.

Minor differences in colour, brightness or contrast between the on-screen display and the finished printed product are technically unavoidable due to differences between monitors, mobile devices, browser displays and printing processes and do not constitute a defect.

Likewise, minor production-related tolerances regarding the positioning, cropping or alignment of the design do not constitute a defect, provided they do not materially impair the ordinary use of the product.

We shall not be liable for quality defects resulting exclusively from inadequate or defective image files provided by the customer.

13. Uploaded Content and Third-Party Rights

The customer is solely responsible for ensuring that all images, photographs, graphics, logos, texts or other content uploaded by them may be used lawfully.

By uploading the content, the customer in particular warrants that:

• they possess all necessary copyrights, rights of use or exploitation rights,
• no trademark, design, personality, data protection or other third-party rights are infringed,
• persons depicted have consented to the use insofar as legally required,
• the content does not violate applicable law.

This expressly also applies to AI-generated images or content created with the assistance of artificial intelligence. The customer is responsible for ensuring that their use is lawful and does not infringe any third-party rights.

OMNICOMP GmbH does not generally conduct any substantive or legal review of uploaded files.

The customer shall indemnify and hold OMNICOMP GmbH harmless from all third-party claims, including reasonable legal enforcement and defence costs, arising from a culpable infringement of copyright, trademark, personality, data protection or other protected rights through content provided by the customer.

14. Rejection of Orders

OMNICOMP GmbH reserves the right to reject or cancel orders in whole or in part if there is an objective reason for doing so.

This applies in particular to orders containing content that:

• violates applicable law,
• infringes the copyrights, trademarks or personality rights of third parties,
• is insulting, discriminatory, racist, extremist or glorifies violence,
• contains pornographic or harmful content for minors,
• appears to be obviously abusive or fraudulent.

Any payments already made shall be refunded without undue delay in such cases, provided that the order has not already been produced in whole or in part and the reason for rejection is attributable to the customer.

15. Right of Withdrawal

Consumers generally have a statutory right of withdrawal for distance contracts.

The details are set out in the separate withdrawal policy, which forms part of our online shop.

For goods that are made according to the customer's specifications or are clearly tailored to the customer's personal needs, there is no statutory right of withdrawal pursuant to Section 18 (1) item 3 of the Austrian Long-Distance and Off-Premises Contracts Act (FAGG).

This applies in particular to all individually designed products featuring uploaded photos, names, texts or other personalisations.

16. Warranty

The statutory warranty provisions of Austrian law shall apply.

The consumer's statutory warranty rights remain unaffected by these GTC.

In particular, there shall be no warranty claim where defects are attributable to:

• incorrect or incomplete information provided by the customer,
• insufficient image quality,
• spelling or personalisation errors approved by the customer,
• improper use or handling of the goods.

Businesses must inspect the goods for obvious defects immediately after receipt in accordance with Section 377 of the Austrian Commercial Code (UGB) and notify us of such defects in writing. If a proper notice of defects is not provided, the goods shall be deemed approved.

For businesses, the warranty period for movable goods shall be twelve months from delivery, insofar as legally permissible.

Irrespective of this, we ask our customers to report transport damage or obvious production defects as soon as possible to info@memorylane.at, stating the order number and providing meaningful photographs. The customer's statutory warranty rights shall not be limited as a result.

17. Complaints

Customer satisfaction is important to us. Please inspect the delivered goods immediately after receipt for completeness, transport damage and obvious production defects.

We ask that obvious transport damage or production defects be reported as soon as possible to info@memorylane.at.

For the fastest possible processing of a complaint, we ask you to provide the following information wherever possible:

• the order number,
• a brief description of the defect,
• meaningful photographs of the affected product and, where applicable, the packaging.

The purpose of the notification is solely to simplify and expedite the processing of the complaint. The customer's statutory warranty rights or other statutory claims shall not be limited by a delayed or omitted notification.

18. Liability

OMNICOMP GmbH shall be liable without limitation in accordance with the statutory provisions for damages caused intentionally or through gross negligence.

We shall likewise be liable without limitation for damages resulting from injury to life, body or health, as well as in all cases where liability is mandatory under applicable law.

In the event of a slightly negligent breach of essential contractual obligations, our liability shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are those obligations whose fulfilment is necessary for the proper performance of the contract in the first place and on compliance with which the customer may regularly rely.

Any further liability for damages is excluded to the extent legally permissible.

The above liability provisions shall also apply for the benefit of our legal representatives, employees, vicarious agents and other authorised persons.

19. Data Protection

Personal data shall be processed exclusively in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the relevant Austrian data protection regulations.

Details regarding the processing of personal data, the legal bases, retention periods and the rights of data subjects are described in our separate Privacy Policy.

20. Online Dispute Resolution

Consumers have the option of submitting complaints to the European Commission's Online Dispute Resolution platform or to the competent national consumer dispute resolution body, provided there is a legal basis for doing so.

However, we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer dispute resolution body unless legally required to do so.

21. Applicable Law and Place of Jurisdiction

Austrian law shall apply, excluding the conflict-of-law provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).

With regard to consumers, this choice of law shall only apply insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

If the customer is a business, a legal entity under public law or a special fund under public law, the court having subject-matter jurisdiction at the registered office of OMNICOMP GmbH shall have exclusive jurisdiction, insofar as legally permissible.

22. Severability Clause

Should any provision of these General Terms and Conditions be or become wholly or partially invalid, unenforceable or void, the validity of the remaining provisions shall remain unaffected.

The invalid or unenforceable provision shall be replaced by a legally permissible provision that comes closest to the economic purpose of the invalid or unenforceable provision. The same shall apply to any gaps in the provisions.