General Terms and Conditions with Customer Information

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for the Processing of Goods According to Specific Customer Requirements
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of the seller, operating under “monamor”
(hereinafter “seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur
(hereinafter “customer”) with the seller regarding the goods displayed by the seller in his online shop.
The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes
that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity
who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

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

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 for the submission of a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop.
After placing the selected goods in the virtual shopping cart and going through the electronic ordering process,
the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by e-mail or via the
online contact form.

2.3 The seller can accept the customer’s offer 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, or
by delivering the ordered goods to the customer, where the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives
occurs first. The period for accepting the offer begins on the day after the customer sends the offer
and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer
within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their
declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider
PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”),
under the terms of the PayPal User Agreement, viewable at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or – if the customer does not have a PayPal account – under the terms for payments without a PayPal account,
viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer pays using a PayPal payment method selectable during the online ordering process,
the seller hereby declares acceptance of the customer’s offer at the time the customer clicks the button
that completes the ordering process.

2.5 When an offer is submitted via the seller’s online order form, the contract text is stored by the seller after the contract is concluded
and sent to the customer in text form (e.g., email, fax, or letter) after the order has been sent.
No further access to the contract text is provided by the seller.
If the customer has set up a user account in the seller’s online shop before sending their order,
the order data is archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account
by entering the corresponding login data.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify possible input errors
by carefully reading the information displayed on the screen.
An effective technical means for better recognition of input errors can be the browser’s magnification function,
which magnifies the display on the screen. The customer can correct their entries within the electronic
ordering process using the usual keyboard and mouse functions until they click the button
that 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, the customer must ensure, when using SPAM filters, that all emails sent by the seller or by third parties commissioned by the seller
with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

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

Addition for personalized goods:
For contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
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 citizens of a member state of the European Union at the time of concluding the contract
and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices indicated are
total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be
stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not
responsible and which must be borne by the customer. These include, 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 may also arise in connection with money transfers even if the delivery is not to a country outside the
European Union, but the customer makes the payment from a country outside the European Union.

Addition: For deliveries to countries outside Germany, the customer may also incur costs related
to customs clearance (e.g., handling fees, presentation commissions), which must be borne by the customer.

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

4.4 If advance payment by bank transfer is agreed, payment is due immediately after the contract is concluded,
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 be made within the delivery area specified by the seller
to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s
order processing is decisive for the transaction.

Addition: Stated delivery and production times are non-binding approximate figures and do not represent guaranteed dates. Time specifications refer – unless expressly stated otherwise – to working days (Monday to Friday). Since each piece of jewelry is individually crafted, production time may vary depending on the product.

Addition: No liability is assumed for delays caused by shipping service providers. There is no automatic right of withdrawal solely based on non-binding delivery time information. Statutory rights (e.g., withdrawal if the statutory conditions are met) remain unaffected.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For return costs, if the customer effectively exercises their right of withdrawal, the provisions made in the seller’s cancellation policy apply.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, even for consumers, the risk of accidental loss and accidental deterioration of the sold goods already passes to the customer as soon as the seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not attributable to the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

via download
via email

6) Retention of Title

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise specified in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery 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 defect rights is one year from delivery of the goods;
for used goods, defect rights are excluded;
the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reductions of deadlines regulated above do not apply

to the customer’s claims for damages and reimbursement of expenses,
in the event that the seller fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products,
in contracts for the delivery of goods with digital elements.

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

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial inspection and complaint obligation according to § 377 HGB.
If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.

7.5 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery person
and to inform the seller thereof. If the customer does not comply with this, it has no effect on
his statutory or contractual claims for defects.

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

A warranty claim only exists for material defects that can be proven to have already existed at the time of delivery of the goods. Defects that only arise after delivery as a result of use, wearing style, mechanical stress, external influences or improper handling do not constitute a material defect within the meaning of the statutory warranty.
Jewelry, especially bracelets, necklaces and their clasps, are subject to natural, use-dependent wear and tear. Clasps are considered mechanically stressed wear parts. Functional impairments or damage that occur after a certain period of wear generally do not justify a warranty claim.
Complaints that relate exclusively to the durability, lifespan or wear and tear of a piece of jewelry or individual components are excluded, provided that no material defect existed at the time of delivery of the goods.
Manufacturing tolerances/unique item: Lasers, material, size and surface structure can cause deviations (e.g. engraving depth, line thickness, contrast). These deviations represent technically conditioned tolerances and are not a reason for complaint. A preview provided in advance is solely for coordinating the engraving position and does not represent a 1:1 implementation in color and shape.
Damage due to use/wear (no defect): Damage after delivery due to wearing (e.g. tension, pressure, chemicals, water, sports, children, etc.) is not a warranty case.

Shipping costs & handling for complaints (clearly separated):

a) Proven material defect / production error upon delivery:
If a material defect is demonstrably present upon delivery, the seller bears the costs necessary for subsequent performance, in particular transport, travel, labor and material costs. In this case, the seller also bears the necessary shipping costs for subsequent performance (including return shipping), as far as legally provided.
b) No material defect upon delivery (e.g. damage due to use, dislike, deviation within tolerances):
In these cases, there is no warranty claim. The customer can, after consultation with customer service, commission a repair as part of a goodwill process. Shipping to the production facility outside Germany is at the customer’s own expense.

Subsequent performance for personalized jewelry (differentiation):

For personalized jewelry, a replacement delivery (exchange) is generally excluded if this is not possible or unreasonable due to the individualization.
A repair (rectification) remains possible in the event of a material defect at the time of delivery,
provided it is technically feasible and reasonable.

Goodwill process: Regardless of statutory warranty claims, the seller may offer voluntary goodwill services in individual cases. These are made without acknowledging a legal obligation, do not establish a future claim, and may be subject to a charge (in particular 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, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal grounds

in case of intent or gross negligence,
in case of intentional or negligent injury to life, body or health,
due to 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 an essential contractual obligation, liability is limited to the foreseeable
damage typical for the contract, unless unlimited liability exists according to the preceding paragraph. Essential contractual obligations are obligations
that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper
execution of the contract in the first place and on whose compliance the customer can regularly rely.

8.3 Otherwise, any liability of the seller is excluded.

8.4 The foregoing liability regulations also apply with regard to the seller’s liability for its vicarious agents and legal
representatives.

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

9.1 If, according to the content of the contract, the seller also owes the processing of the goods according to specific customer requirements in addition to the delivery of goods,
the customer must provide the seller with all content required for processing, such as texts, images or graphics, in the file formats,
formats, image and file sizes specified by the seller and grant him the necessary rights of use. The customer alone is responsible for
procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content
provided to the seller. In particular, he ensures that no third-party rights are violated, especially copyrights, trademark rights and personal rights.

9.2 The customer indemnifies the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights
by the contractual use of the customer’s content by the seller. The customer also bears the necessary costs of legal defense, including all
court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. The customer is obliged
to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense in the
event of a claim by third parties.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official
prohibitions or offends common decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory,
insulting, youth-endangering and/or violence-glorifying content.

10) Redemption of promotional vouchers

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

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

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

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be
selected to settle the difference.

10.7 The credit of a promotional voucher will neither be paid out in cash nor accrue 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 his statutory right of withdrawal.

10.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional
voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization,
incapacity for business or lack of power of representation of the respective holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased through the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop,
unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher.
Remaining credit will be credited to the customer until the expiry date.

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

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected
to settle the difference.

11.7 The credit of a gift voucher will neither be paid out in cash nor accrue interest.

11.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher
in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity
for business or lack of power of representation of the respective holder.

12) Applicable Law

12.1 All legal relationships between the parties are 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 only applies insofar as the protection granted by mandatory provisions of the law of the
state in which the consumer has his habitual residence is not withdrawn.

12.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who are not citizens of a member
state of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract
are outside the European Union.

13) Alternative Dispute Resolution

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

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