Terms & Conditions (T&Cs) of MementMap
Last updated: October 7, 2025
1. Scope, Provider
1.1 These T&Cs govern all contracts between MementoMap – Owner: Roman Lysokon (sole proprietor), c/o COCENTER, Koppoldstr. 1, 86551 Aichach, Germany (“we”, “MementoMap”) and consumers or business customers (“Customer”).
1.2 Conflicting terms of the Customer do not apply unless we expressly agree in writing.
2. Contract Formation, Order Flow
2.1 Product displays on our website are not binding offers.
2.2 A contract is concluded when payment is successfully completed via Stripe Hosted Checkout. The Customer then receives a confirmation email.
2.3 We store the contract text (order data). These T&Cs can be accessed on our website at any time. Contract language is German; this English version is a convenience translation. In case of discrepancies, the German version prevails.
3. Prices, Shipping, Taxes, Payment
3.1 All prices shown include shipping costs (“shipping included”).
3.2 We are a small business under §19 German VAT Act (UStG); no VAT is charged or shown.
3.3 Payment is made exclusively via Stripe (e.g., credit/debit cards, Apple Pay, Google Pay, Amazon Pay as offered by Stripe and available in your region).
3.4 For physical goods, title remains with us until payment is received in full.
4. Description of Services
4.1 Digital posters: supplied as PNG files (including A2/A3). We follow industry quality expectations and the print provider’s guidance (e.g., adequate resolution, sRGB color space, no excessive compression).
4.2 Printed posters: matte, smooth, non-reflective surface, 200 gsm (≈0.26 mm), paper from FSC-certified or equivalent sources; sizes vary by region (US/CA in inches; other countries in cm).
4.3 Framed posters: pine wood frame (approx. 20–25 mm thick, 10–14 mm wide), poster paper 250 gsm (≈0.29 mm), matte, uncoated off-white; shatterproof plexiglass; hanging kit included; FSC or equivalent materials.
4.4 No attribution (e.g., map attribution) is printed on the poster.
4.5 Minor production variations may occur; see §10 (Defects)
5. Customer Content, GPX/Strava
5.1 If the Customer supplies content (e.g., GPX files, text, logos, images), the Customer warrants having all necessary rights and that no third-party rights or laws are infringed.
5.2 The Customer indemnifies us against any third-party claims arising from unlawful use of such content.
5.3 Prohibited content includes, in particular, rights-infringing, unlawful, hateful, discriminatory or otherwise impermissible content.
6. “Magic Highlight” (AI Image Generation)
6.1 For optional image generation (“Magic Highlight”), we use an AI service based on the Customer’s short prompt(e.g., landmark/region). No GPX or payment data is used for prompts.
6.2 License to AI output / final poster: We grant the Customer a **non-exclusive, nontransferable, perpetual license for private use. Commercial use requires a separate license (available on request).
6.3 No originality / rights-clearance warranty: We do not warrant that AI output is unique or free from third-party rights (e.g., trademarks, buildings, personality rights).
6.4 Quality / result disclaimer: No guarantee for a specific style or outcome; AI may produce artifacts or errors. Statutory warranty for product defects remains unaffected.
7. Right of Withdrawal (Consumers)
7.1 Personalized/printed goods: For customized goods, the right of withdrawal does not apply once production has started (Sec. 312g(2)(1) German Civil Code).
7.2 Digital content (PNG download): The right of withdrawal expires once we start delivery after the Customer has expressly consented to immediate performance and acknowledged the loss of the withdrawal right (Sec. 356(5) BGB). We display a clear notice in the order flow; download starts only after confirmation.
8. Delivery, Territory, Risk
8.1 Delivery countries: Germany, Denmark, France, Norway, Sweden and Poland.
8.2 Lead time: usually 3–6 business days (production + shipping).
8.3 Fulfillment is executed via manufacturing and shipping partners (e.g., print provider and engaged carriers).
8.4 If delivery fails due to incorrect/incomplete address or non-collection, the Customer bears the costs of re-shipping.
9. Transport Damage – Notification
9.1 Obvious transport damage must be reported to us within 14 days of delivery by email, including photos(packaging/product).
9.2 Statutory rights remain unaffected; this deadline enables quick resolution with the carrier.
10. Defects, Remedies & Returns
10.1 Returns are accepted only for defects. A defect includes objective production/material faults, wrong item/size, or significant print errors. Pure matters of taste (“beauty”) are not defects.
10.2 Remedy sequence: repair/reprint first. If this fails or is unreasonable, the Customer may reduce the price or withdraw from the contract.
10.3 Statutory rights remain unaffected; voluntary goodwill refunds are at our discretion.
11. Fraud Prevention, Chargebacks
11.1 We may review and refuse or cancel/refund orders in case of suspected abuse/fraud.
11.2 For manifestly unfounded chargebacks, we may charge third-party fees and reasonable handling costs.
12. Liability
12.1 We are fully liable for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.
12.2 For simple negligence, we are liable only for breaches of cardinal obligations (material contractual duties) and limited to the predictable, typical damage.
12.3 The above limitations also benefit our vicarious agents.
13. Warranty
Statutory warranty applies. For consumers, the limitation period for new goods is 24 months from delivery; §10 remains unaffected.
14. IP Rights in Templates, Software, Brands
14.1 No rights are granted in our software (editor), templates, layouts or brands.
14.2 The Customer only receives rights to the final poster/AI output as specified in §6 (private license; commercial license available separately).
15. Set-off, Retention, Assignment
The Customer may set off only undisputed or finally adjudicated claims. A right of retention exists only for claims arising from the same contractual relationship. Assignments require our prior consent.
16. Force Majeure
Events beyond our control (e.g., natural events, pandemics, official measures, strikes, supply chain disruptions) extend deadlines by the duration of the disruption; liability for delays is excluded.
17. Customer Service
Contact info@mementomap.com. We usually respond within 2 business days
18. Online Dispute Resolution (ODR), Participation
The EU Commission provides an ODR platform: https://ec.europa.eu/consumers/odr.
We are not obliged and generally not willing to participate in dispute resolution before a consumer arbitration board.
19. Changes to these T&Cs
We may amend these T&Cs with effect for the future (e.g., due to legal or process changes).
The version valid at the time of order applies. Material changes will be highlighted on our website.
20. Final Provisions
20.1 German law applies; the UN Convention on Contracts for the International Sale of Goods (CISG) does not.
20.2 Venue for merchants is—at our option—Munich; statutory venues apply to consumers.
20.3 If any provision is invalid, the remainder of the contract remains valid. Statutory provisions shall replace invalid terms.