Terms and conditions.

These terms and conditions apply to all deliveries and services provided by Memmo Europe LTD (hereinafter the «seller») to its customers.

The seller supplies exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), to legal entities under public law and to special funds under public law. Consumers within the meaning of § 13 BGB are excluded from purchasing. By placing an order, the customer confirms that they are acting in the course of their commercial or independent professional activity.

Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless the seller expressly agrees to their validity in text form.

The presentation of items in the online shop does not constitute a binding offer but an invitation to place an order.

By submitting the order through the checkout, the customer makes a binding offer to purchase the items in the cart. Receipt of the order is confirmed immediately; this confirmation does not yet constitute acceptance of the offer.

The contract is concluded when the seller declares acceptance or dispatches the goods.

The prices stated in the shop at the time of the order apply. Prices include statutory value added tax and are exclusive of shipping costs.

If a struck-through amount is shown next to the price, it is the price previously charged by the seller for the same item.

The payment methods named during the ordering process are available, in particular PayPal, advance transfer and cash on delivery. With advance transfer, dispatch takes place once payment has been received in full. With cash on delivery, the carrier's cash-on-delivery fee is charged in addition.

The customer may only offset claims that are undisputed or have been established with legal effect.

Shipping takes place from Germany via DHL, UPS, GLS or DPD. Which carrier is used depends on the size and weight of the consignment.

Shipping costs are stated during the ordering process before the order is completed.

Delivery dates and delivery periods are binding only if they have been expressly designated as binding in text form.

The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the carrier.

The delivered goods remain the property of the seller until all claims arising from the business relationship have been paid in full.

The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns the resulting claims to the seller in the amount of the invoice value.

The customer must inspect the goods immediately upon receipt and report any apparent defects without delay in text form (§ 377 of the German Commercial Code, HGB). If the customer fails to do so, the goods are deemed approved.

Apparent transport damage must additionally be reported to the carrier and communicated to the seller.

In the case of justified notices of defect, the seller provides subsequent performance at its own discretion either by repair or by replacement delivery.

The limitation period for claims based on defects is one year from delivery of the goods for entrepreneurs. Claims based on fraudulently concealed defects and the cases covered by § 8 paragraph 2 remain unaffected.

A guarantee going beyond the statutory warranty exists only where it has been expressly declared for the respective unit. Its scope and duration follow from the relevant guarantee declaration or from the documents supplied with the unit.

To process a guarantee or warranty case, the seller requires the model designation, a description of the fault and the proof of purchase.

The seller keeps spare parts for MEMO-brand units available after a guarantee period has expired as well, as far as they are available; delivery is then made against invoice.

The seller is liable without limitation for intent and gross negligence as well as under the German Product Liability Act.

For injury to life, body or health the seller is liable without limitation, including in cases of ordinary negligence.

In the case of ordinary negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for this type of contract. Liability is otherwise excluded.

Split air conditioners contain fluorinated greenhouse gases. Work on refrigerant-carrying circuits, in particular filling and commissioning, may under the applicable regulations only be carried out by persons holding the corresponding certificate of competence.

An installation kit supplied with the unit is part of the delivery and does not entitle the customer to commission the unit themselves.

The seller accepts no liability for damage resulting from improper installation or installation not carried out by a qualified person.

As deliveries are made exclusively to entrepreneurs, there is no right of withdrawal under the provisions on distance contracts with consumers.

Returns must be agreed with the seller in advance. Unpaid or unagreed consignments may be refused.

Warranty and guarantee cases remain unaffected by this provision.

The processing of personal data is governed by the privacy policy of this website.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the business relationship is the seller's registered office.

Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.