§ 1 Scope and provider
(1) These General Terms and Conditions (T&Cs) apply to all contracts concluded between
UMOI GmbH
Seefelder Straße 4
81377 Munich, Germany
(hereinafter "we" or "the provider")
and the customer (hereinafter "the customer") via the online shop at petite-moment.com.
(2) A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). An entrepreneur is any natural or legal person or partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its trade, business or profession (§ 14 BGB).
(3) Deviating, conflicting or supplementary general terms and conditions of the customer become part of the contract only if and to the extent that we have expressly agreed to their validity in writing.
§ 2 Subject matter of the contract
(1) We offer customisable posters, in particular city and star posters, in the following variants:
- Digital download — PNG and PDF file in print quality
- Poster — physical print on photo paper
- Framed poster — physical print in a wooden frame
(2) The products on offer are individually configured by the customer using our editor. Final design is the customer's responsibility.
§ 3 Conclusion of contract
(1) The presentation of products in our online shop does not constitute a legally binding offer but rather an invitation to submit an offer.
(2) By selecting a product, configuring it in the editor and confirming the purchase in the Stripe checkout, the customer submits a binding offer to conclude a contract of sale.
(3) The contract is concluded by the order confirmation sent by email automatically immediately after successful payment.
(4) The contract text (order data and T&Cs) is stored by us and can be viewed by the customer at any time in the customer account.
§ 4 Prices and shipping costs
(1) The prices stated on the product page include statutory VAT and other price components.
(2) Shipping costs for physical products are shown separately during checkout and are payable by the customer in addition to the purchase price.
(3) No shipping costs apply to digital downloads.
§ 5 Payment
(1) Payment is processed via the external payment provider Stripe Payments Europe Ltd., Dublin, Ireland. Available methods include credit card (Visa, Mastercard, American Express), SEPA direct debit, Apple Pay and Google Pay. The methods available in each case are shown during checkout.
(2) The purchase price is due for payment immediately upon completion of the order.
§ 6 Delivery
(1) Physical products are shipped within Germany, Austria and Switzerland. Delivery time is generally 3–5 business days after receipt of payment but may be longer depending on the destination country and shipping carrier.
(2) Digital downloads are made available to the customer immediately after receipt of payment in the customer account or via the link contained in the order confirmation.
§ 7 Right of withdrawal and exclusion
(1) Exclusion for personalised products: All posters offered by us (city posters, star posters and the derived product formats: download, poster, framed poster) are made according to the customer's individual configuration (location, coordinates, date, text blocks, colors, shape, framing). They are goods that are not pre-fabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. The right of withdrawal is therefore excluded under § 312g (2) No. 1 BGB.
(2) Early expiry for digital content: Where a customer purchases a digital download, any right of withdrawal also expires early under § 356 (5) BGB if the customer (a) expressly consents to performance starting before the withdrawal period expires, and (b) confirms awareness that, by giving consent, they lose their right of withdrawal once performance begins. This consent is explicitly requested during checkout.
(3) Details of the exclusion and the model withdrawal form for cases in which a right of withdrawal does exceptionally exist are provided in our Right of withdrawal page.
(4) The exclusion of the right of withdrawal does not affect the customer's statutory warranty rights (§ 9 of these T&Cs).
§ 8 Retention of title
Delivered goods remain our property until full payment has been received.
§ 9 Warranty
(1) Statutory warranty rights apply.
(2) Obvious defects must be reported in writing or by email within a reasonable time after receipt of the goods. Failure to report has no consequences for the consumer's statutory rights.
(3) Differences between print results and on-screen display may occur due to technical conditions (e.g. color profiles of different monitors) and do not constitute a defect.
§ 10 Liability
(1) We are liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body or health.
(2) In the case of slight negligence, we are liable only for breach of essential contractual obligations (cardinal obligations) and limited to the foreseeable damage typical of the contract.
(3) Any further liability is excluded. Liability under the German Product Liability Act remains unaffected.
§ 11 Copyright
(1) By purchasing a poster (physical or digital) the customer acquires a simple, non-transferable right of use for private use. Commercial use, transfer or reproduction requires our prior written consent.
(2) The customer warrants that the content they enter (locations, texts) does not infringe third-party rights. The customer indemnifies us against any third-party claims arising from a breach of this warranty.
§ 12 Data protection
Personal data is processed in accordance with our privacy policy.
§ 13 Online dispute resolution
The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 14 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not thereby withdrawn.
(2) The exclusive place of jurisdiction for all disputes arising from this contract with entrepreneurs is Munich.
(3) Should individual provisions of this contract be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.