1. Scope
(1) These terms and conditions apply to all orders you place with us via the shop on mignuti-kids.com.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or self-employed profession (Section 13 German Civil Code, BGB). Deviating terms of the customer do not apply unless we expressly agree to them.
2. Contracting party
Your contracting party is:
Mignuti Media, owner Eduard Ditler, Pfarrer-Menges-Straße 5, 56112 Lahnstein, Germany
Email: media@mignuti.com · Phone: +49 15560 926046 · VAT ID: DE463774452
3. Offer and conclusion of contract
(1) The presentation of products in the shop is not a legally binding offer but an invitation to order.
(2) The ordering process: you add items to your cart, confirm in the cart your consent to the early start of performance (see section 8) and proceed to checkout. You are then redirected to the payment page of our payment provider Stripe. There you enter your details, can review and correct them before submitting, and place a binding order by clicking the pay button.
(3) The contract is concluded as soon as payment has been completed successfully. You are then redirected to a confirmation page and receive an order confirmation by email.
4. Prices and payment
(1) All prices are final prices in euros and include statutory VAT. There are no shipping costs, as we only deliver digital content and personalized items.
(2) Payment is processed by Stripe using the payment methods offered there (e.g. credit card). The purchase price is due immediately when the order is placed.
5. Delivery of digital content
(1) We deliver digital content (e.g. MP3 songs, albums, lyrics, digital files) by email with a personal download link to the email address provided with the order.
(2) Delivery takes place automatically right after successful payment. The download link is valid for 30 days; please save your files within this period.
(3) Please also check your spam folder. If nothing has arrived after a few minutes or a link does not work, please get in touch – we’ll send you the files again.
6. Personalized items
(1) We create personalized items (e.g. caricatures or personalized songs) individually according to your specifications. For this, you send us the necessary photos and information after ordering – most easily by replying to the order confirmation.
(2) We deliver personalized items by email within 48 hours of receiving all necessary materials. For a surcharge we offer express processing where it is offered in the shop. The number of free revisions is stated in the product description.
(3) You confirm that you hold the rights to the photos and content you send and that the people depicted – for children, their legal guardians – agree to their use for your order. We may refuse content that is unlawful or infringes third-party rights; in that case we refund any payment already made.
(4) Printed items (e.g. posters) will be offered separately as soon as they can be ordered.
7. Rights of use
(1) All content remains protected by copyright. Upon full payment you receive a simple, non-transferable right to use the purchased content for private, non-commercial purposes – for example listening, printing, giving it to family members or using it on a Toniebox.
(2) Non-commercial use in nurseries, kindergartens and schools is permitted. Redistribution, making the content publicly available, editing or commercial use is not permitted without our prior written consent.
(3) You may use and share the result of personalized items privately as you like (e.g. on social media), provided no commercial purpose is pursued.
8. Right of withdrawal
(1) Consumers generally have a right of withdrawal. Details can be found in our right of withdrawal information.
(2) For digital content, the right of withdrawal expires once we have started performing the contract after you have expressly agreed that we begin before the withdrawal period ends and have acknowledged that you thereby lose your right of withdrawal. You give this consent with the corresponding checkbox in the cart; we confirm it to you by email.
(3) There is no right of withdrawal for goods made to your specifications or clearly tailored to your personal needs (Section 312g(2) no. 1 BGB).
9. Warranty
The statutory warranty rights apply, for digital products in particular Sections 327 et seq. BGB. If something is wrong with a file or download, please let us know – we’ll take care of it quickly.
10. Liability
(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act.
(2) In the case of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely), our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
11. Storage of the contract text
We store the contract text. We send you the order details and these terms with the order confirmation by email. The current terms can be viewed on this page at any time.
12. Language of the contract
The language of the contract is German. Translations into other languages are for information only.
13. Dispute resolution
We are neither willing nor obliged to take part 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 insofar as it does not deprive you of the protection of mandatory provisions of the country in which you habitually reside.
(2) Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.
This English version is provided for convenience. Only the German version is legally binding.