Terms customer information

Scope
conclusion of contract
Right to cancel 
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Liability
Special conditions for the processing of goods according to specific specifications of the customer
Redeeming promotional vouchers
Redeeming Gift Vouchers
Applicable Law
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of seller, trading under the name "monamor"
(hereinafter referred to as "Seller"), apply to all contracts for the supply of goods that a consumer or entrepreneur
(hereinafter referred to as "Customer") concludes a contract with the Seller regarding the goods presented by the Seller in his online shop.
The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that
which cannot predominantly be attributed to their commercial or self-employed professional activities.

1.4 For the purposes of these terms and conditions, an entrepreneur is a natural or legal person or a legally capable partnership,
who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

Note: For inquiries regarding orders, complaints, goodwill and warranty claims, please use exclusively
info@monamor.de.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller.
but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop.
In this process, the customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process,
By clicking the button that completes the order process, the customer submits a legally binding offer to enter into a contract.
with regard to the goods contained in the shopping cart. Furthermore, the customer can also accept the offer by email or by
Submit the online contact form to the seller.

2.3 The seller can accept the offer of the customer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or email),
where the receipt of the order confirmation by the customer is decisive in this respect, or
By delivering the ordered goods to the customer, in so far as the access of the goods to the customer is relevant, or
by asking the customer to pay after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives is fulfilled.
first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer.
and ends at the end of the fifth day following the dispatch of the offer. If the seller accepts the customer's offer
If the customer does not respond within the aforementioned period, this will be considered a rejection of the offer, with the consequence that the customer will no longer be able to access their offer.
The declaration of intent is binding.

2.4 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider.
PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”),
subject to the PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account,
available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process,
Does the seller already declare acceptance of the customer's offer at the moment the customer clicks the button?
which completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text will be generated after the conclusion of the contract.
The information is stored by the seller and transmitted to the customer in text form (e.g. email, fax or letter) after the customer has submitted their order.
Any further provision of the contract text by the seller does not take place.
Provided that the customer has set up a user account in the seller's online shop before submitting his order,
The order data is archived on the seller's website and can be accessed by the customer via their password-protected user account.
They can be accessed free of charge by entering the corresponding login details.

2.6 Before submitting a binding order via the seller's online order form, the customer can correct any input errors.
by carefully reading the information displayed on the screen.
An effective technical means for better detection of input errors can be the browser's zoom function.
which enlarges the display on the screen. The customer can enter his input electronically.
Correct the order process using the usual keyboard and mouse functions until he clicks the button.
which completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place via email and automated order processing.
The customer must ensure that the email address provided for order processing is correct.
so that emails sent by the seller can be received at this address.
In particular, when using spam filters, the customer must ensure that all spam sent by the seller or by the seller is blocked.
Emails sent to third parties commissioned for order processing may be delivered.

3) Right of Withdrawal

3.1 consumers are basically entitled to a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

In addition to personalized goods:
In the case of contracts for the supply of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
are tailored The right of withdrawal expires as soon as individual production has begun..

3.3 The right of withdrawal does not apply to consumers who are not residents of a Member State of the European Union at the time of conclusion of the contract.
belong to a country whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are
Total prices include statutory VAT. Any additional delivery and shipping costs will be added.
as specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller cannot guarantee.
which is the customer's responsibility and which must be borne by the customer. This includes, for example, costs for money transfers by credit institutions.
(e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
Such costs can also be incurred in connection with money transfers even if the delivery is not to a country outside the
The payment is made within the European Union, but the customer is making the payment from a country outside the European Union.

Addition: For deliveries to countries outside of Germany, the customer may also incur additional costs associated with these items.
Customs clearance costs (e.g., processing fees, presentation commissions) are to be borne by the customer.

4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract.
unless the parties have agreed on a later due date.

5) Delivery and shipping conditions

5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller.
to the delivery address specified by the customer, unless otherwise agreed. The following is involved in processing the transaction:
The delivery address specified in the seller's order processing is decisive.

Addition: The stated delivery and production times are approximate and non-binding, and do not constitute guarantees.
These are dates. Unless explicitly stated otherwise, times refer to working days (Monday to Friday).
Since each piece of jewelry is individually crafted, the production time can vary depending on the product.

Addition: No liability is accepted for delays caused by shipping service providers.
A automatic right of withdrawal solely based on non-binding delivery time information does not exist.
Statutory rights (e.g., withdrawal if the legal requirements are met) remain unaffected.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the costs incurred by the seller as a result.
reasonable costs incurred. This does not apply to the costs of sending the goods if the customer exercises their right of withdrawal.
effectively exercises the right of withdrawal. For return shipping costs, the provisions set out in the [relevant section/document] apply if the customer effectively exercises their right of withdrawal.
The seller's cancellation policy and the regulations in this regard.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the seller.
the transfer to the customer as soon as the seller hands the goods over to the forwarding agent, the carrier or any other party responsible for carrying out the shipment.
has been delivered to a specific person or institution. If the customer is acting as a consumer, the risk of accidental loss and damage passes to the customer.
Accidental deterioration of the sold goods is generally only covered upon delivery of the goods to the customer or an authorized recipient.
The risk of accidental loss or accidental damage to the goods sold also passes to the person. Notwithstanding the above, the risk also passes to the person.
For consumers, the transfer of responsibility to the customer occurs as soon as the seller hands the goods over to the forwarding agent, the carrier, or any other party involved.
Execution of the shipment has been delivered to a specific person or institution, if the customer has designated the forwarding agent, carrier or other
A designated person or institution is commissioned to carry out the shipment, and the seller informs the customer of this person or institution.
The institution had not been previously named.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers.
to withdraw from the contract. This only applies if the non-delivery is not the seller's fault and the seller has provided the necessary information.
The seller has carefully concluded a specific hedging transaction with the supplier. The seller will make every reasonable effort to ensure the proper handling of the transaction.
companies to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will
The customer was informed immediately and the payment was refunded immediately.

5.5 pickup is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

via download
by email

6) Retention of title

If the seller makes advance payment, he retains the right to demand payment until the purchase price has been paid in full.
Ownership of the delivered goods is transferred to [name of person/company].

7) Liability for defects (guarantee)

Unless otherwise stated in the following provisions, the regulations governing statutory liability for defects shall apply.
The following applies in deviation from the above to contracts for the supply of goods:

7.1 If the customer acts as an entrepreneur,

the seller has the choice of the type of supplementary performance;
For new goods, the limitation period for claims for defects is one year from delivery of the goods;
In the case of used goods, the warranty rights are excluded;
the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.

7.2 The limitations of liability and reductions in deadlines set out above do not apply

for claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods which, according to their usual purpose, have been used for a building and whose defectiveness
caused
for any existing obligation of the seller to provide updates for digital products,
in contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory
The right of recourse remains unaffected.

7.4 If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).
If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.

7.5 If the customer is acting as a consumer, he is requested to report any delivered goods with obvious transport damage to the delivery person.
to file a complaint and inform the seller. Failure to do so will have no effect on
his statutory or contractual warranty claims.

Additional clarifications regarding personalized jewelry, manufacturing tolerances, wear and tear, and goodwill:

A warranty claim exists exclusively for material defects that can be proven to have already existed at the time of delivery of the goods.
Defects that only became apparent after handover due to use, manner of carrying, mechanical stress, external influences or
Improper handling does not constitute a defect within the meaning of the statutory warranty.
Jewelry, especially bracelets, necklaces and their clasps, is subject to natural wear and tear depending on use.
Closures are considered mechanically stressed wear parts. Functional impairments or damage that occur after a
Defects that occur after a certain period of wear do not, in principle, justify a warranty claim.
Complaints relating solely to the durability, lifespan or wear and tear of a piece of jewelry or individual components
Claims for replacement parts are excluded, provided that there was no defect in the goods at the time of delivery.
Manufacturing tolerances/unique item: Laser, material, size and surface structure can cause deviations (e.g. engraving depth,
Line thickness, contrast). These deviations represent technically inherent tolerances and are not grounds for complaint.
A preview provided in advance serves solely to coordinate the engraving position and does not represent a 1:1 implementation.
in color and form.
Damage due to use/wear and tear (not a defect): Damage after delivery caused by carrying (e.g., pulling, pressure, chemicals, water, sports, children, etc.)
These are not warranty cases.

Shipping costs & handling of complaints (clearly separated):

a) Proven material defect / production error at the time of delivery:
If a defect is demonstrably present at the time of delivery, the seller shall bear the costs required for subsequent performance.
This includes, in particular, transport, travel, labor, and material costs. In this case, the seller also covers the necessary shipping costs.
for subsequent performance (including return shipping), insofar as provided by law.
b) No material defect at handover (e.g. damage from use, dislike, deviation within tolerances):
In these cases, there is no warranty claim. The customer may be able to arrange a repair after consulting with customer service.
as part of a goodwill process. Shipping to the production facility outside of Germany is at the customer's own expense.
Customers.

Subsequent fulfillment for personalized jewelry (differentiation):

Personalized jewelry is a Replacement delivery (exchange) As a rule, excluded, insofar as this
due to individualization, this is not possible or unreasonable.
A Repair (Remedy) remains possible if a material defect exists at the time of delivery.
provided it is technically feasible and reasonable.

Goodwill process: Regardless of statutory warranty claims, the seller may, in individual cases, voluntarily offer
We offer goodwill gestures. These are made without admission of legal obligation, do not establish any future claim and may
This may incur costs (especially shipping costs and/or repair costs).

8) liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims.
Compensation for damages and expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

in case of intent or gross negligence,
in the event of willful or negligent injury to life, body or health,
on the basis of a guarantee promise, unless otherwise regulated in this regard,
due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages.
Damages are limited, unless unlimited liability applies as per the preceding clause. Essential contractual obligations are obligations that
which the contract, according to its content, imposes on the seller to achieve the purpose of the contract, the fulfillment of which is essential for proper performance.
The execution of the contract is made possible in the first place, and the customer may regularly rely on its compliance.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The foregoing liability provisions also apply with regard to the seller's liability for its vicarious agents and statutory provisions.
Representative.

9) Special conditions for the processing of goods according to specific specifications of the customer

9.1 If, according to the content of the contract, the seller is also obligated to process the goods according to certain specifications in addition to delivering the goods,
The customer must provide the seller with all content necessary for processing, such as texts, images, or graphics, in the format provided by the customer.
to provide sellers with specified file formats, formatting, image and file sizes, and to provide them with the necessary resources for this purpose.
To grant usage rights. The customer is solely responsible for obtaining and acquiring the rights to this content. The customer
He declares and assumes responsibility for having the right to use the content provided to the seller. He bears
In particular, ensure that no third-party rights are infringed, especially copyright, trademark and personality rights.

9.2 The customer shall indemnify the seller against any third-party claims arising from an infringement of their rights by the seller.
The customer may assert claims against the seller for the contractual use of the customer's content. The customer also assumes responsibility in this regard.
The necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if...
if the customer is not responsible for the infringement. The customer is obligated to notify the seller in the event of a claim.
to provide, immediately, truthfully and completely, all information necessary for the examination of the claims by third parties.
and a defense is required.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal regulations.
or violate official prohibitions or public decency. This applies in particular to the transfer of unconstitutional,
racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10) Redeeming Promotional Vouchers

10.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and
Vouchers that cannot be purchased by the customer (hereinafter referred to as “promotional vouchers”) can only be redeemed in the seller’s online shop and only
redeemable within the specified period.

10.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the
This results in a promotional voucher.

10.3 promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4 Only one action coupon can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the action voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is insufficient to cover the order, one of the following can be used to pay the difference:
Other payment methods offered by the seller can be selected.

10.7 The balance of an action coupon is neither paid in cash nor interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of
returns his statutory right of withdrawal.

10.9 The promotional voucher is transferable. The seller may, with discharging effect, transfer the voucher to the current holder.
redeemable in the seller's online shop. This does not apply if the seller had knowledge or grossly negligent ignorance of the
Lack of authorization, legal incapacity, or lack of power of representation of the respective owner.

11) Redeeming Gift Certificates

11.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the
The voucher can be redeemed in the seller's online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining balances on gift vouchers are valid until the end of the third year following the year of purchase.
Redeemable. Remaining balances will be credited to the customer until the expiry date.

11.3 gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 gift certificates can only be used to purchase goods and not for the purchase of additional gift certificates.

11.6 If the value of the gift voucher is insufficient to cover the order, one of the following can be used to pay the difference:
Other payment methods offered by the seller can be selected.

11.7 The credit of a Gift Certificate will not be paid in cash or interest.

11.8 The gift voucher is transferable. The seller may, with discharging effect, transfer the voucher to the current holder.
redeemable in the seller's online shop. This does not apply if the seller had knowledge or grossly negligent ignorance of the
Lack of authorization, legal incapacity, or lack of power of representation of the respective owner.

12) Applicable law

12.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the
International sale of movable goods. For consumers, this choice of law applies only to the extent that it does not override the protection afforded by mandatory provisions.
provisions of the law of the state in which the consumer has his habitual residence are withdrawn.

12.2 Furthermore, this choice of law does not apply to the statutory right of withdrawal for consumers who, at the time of the
They must not be members of a Member State of the European Union at the time of the conclusion of the contract and their sole residence and delivery address must be [not specified in the original text].
The contract is concluded outside the European Union.

13) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.