General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Conditions

5. Delivery and Shipping Conditions

6. Retention of Title

7. Liability for Defects (Warranty)

8. Liability

9. Redemption of Promotional Vouchers

10. Applicable Law

11. Alternative Dispute Resolution

1. Scope of Application
   1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Siena Moncello (hereinafter "we/us") apply to all contracts concluded between you as a consumer or entrepreneur (hereinafter "you") and us relating to the purchase of goods listed in our online shop. Any deviating terms and conditions of your own shall not apply unless expressly agreed upon by us.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

1. Conclusion of Contract
   2.1 The product descriptions in our online shop do not constitute binding offers but are intended as an invitation for you to submit a binding offer.

2.2 You can submit the offer using the online order form integrated into our online shop. After placing the selected goods into the virtual shopping cart and going through the electronic ordering process, you make a legally binding offer to conclude a purchase contract by clicking the button that finalizes the order process.

2.3 We can accept your offer within five days:

• by sending you a written or electronically transmitted order confirmation (email or fax), or

• by delivering the ordered goods to you, or

• by requesting payment from you after you have placed the order.

If more than one of the above alternatives applies, the contract is concluded at the time when the first of the aforementioned actions occurs. The acceptance period begins on the day after you submit your offer and ends at the end of the fifth day following submission. If we do not accept your offer within this period, it shall be deemed rejected, and you are no longer bound by your offer.

2.4 If you choose a payment method offered by PayPal, the payment will be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., under PayPal’s terms of use. If you do not have a PayPal account, the payment will be processed under the terms for payments without a PayPal account. In both cases, we declare acceptance of your offer when you click the button to finalize the order process.

2.5 If you choose "Amazon Payments," the payment will be processed by Amazon Payments Europe s.c.a. By selecting Amazon Payments, you also issue a payment instruction to Amazon. In this case, we declare acceptance of your offer when the payment instruction is triggered by clicking the final order button.

2.6 When an offer is submitted via our online order form, we will store the contract text and send it to you after order submission in text form (e.g., email). If you created a customer account prior to order submission, the order data will be stored on our website and can be accessed via your password-protected account.

2.7 Before placing a binding order, you can identify and correct potential input errors by carefully reviewing the information displayed. Technical tools like browser zoom can help. You can correct your entries throughout the ordering process using standard keyboard and mouse functions until you click the final order button.

2.8 The contract is concluded in the language displayed in the online shop. Multiple language options may be available.

2.9 Order processing and communication typically take place via email and automated processes. Ensure that the email address provided is correct and that your inbox and spam filters allow emails from us or our fulfillment partners.

1. Right of Withdrawal
   3.1 Consumers generally have a statutory right of withdrawal.

3.2 Detailed information on the right of withdrawal is provided in our separate withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not residents of a European Union member state and whose sole residence and delivery address are located outside the European Union.

1. Prices and Payment Conditions
   The prices stated in our online shop are total prices. VAT is not shown due to our small business status. Additional delivery and shipping costs are shown separately.

For deliveries outside the EU, additional costs (e.g., transfer fees, exchange rate fees, customs duties) may apply. These are your responsibility.

We inform you of available payment methods in our shop.

If prepayment is agreed upon, the payment is due immediately upon conclusion of the contract unless otherwise arranged.

Payment services like PayPal, Amazon Payments, Klarna, Shopify Payments, and Stripe are offered. Their respective terms and conditions apply. Specific rules for credit checks, direct debits, invoicing, and payment deadlines may also apply.

1. Delivery and Shipping Conditions
   5.1 Deliveries are made to the address provided during checkout, unless otherwise agreed. In case of PayPal payment, the delivery address stored with PayPal applies.

5.2 If delivery fails due to reasons attributable to you, we reserve the right to charge for reasonable costs incurred. This does not apply if you validly exercise your right of withdrawal. Our return policy in the withdrawal section applies.

5.3 If you act as an entrepreneur, the risk of accidental loss or deterioration passes to you once the goods are handed over to the carrier. If you are a consumer, the risk passes upon delivery, unless you arranged the carrier without our prior naming.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery by suppliers. This only applies if we are not responsible for the failure and we have concluded a congruent covering transaction. We will inform you immediately and refund your payment if necessary.

5.5 Self-collection is not possible for logistical reasons.

1. Retention of Title
   If we deliver in advance, we retain ownership of the goods until full payment has been received.

2. Liability for Defects (Warranty)
   Unless otherwise stated, statutory provisions apply.

7.1 If you are an entrepreneur:

• we reserve the right to choose the type of remedy;

• the limitation period is one year for new goods;

• warranty is excluded for used goods;

• limitation period does not restart with replacement delivery.

7.2 Exceptions apply for:

• claims for damages or reimbursement of expenses;

• fraudulent concealment of defects;

• goods used in buildings causing defects;

• update obligations for digital elements.

7.3 Statutory recourse rights remain unaffected.

7.4 If you are a merchant under §1 HGB, you must inspect and report defects according to §377 HGB. Otherwise, the goods are deemed accepted.

7.5 If you are a consumer, please report obvious transport damage to the carrier and notify us. Failure to do so will not affect your legal claims.

1. Liability
   We are liable without limitation:

• for intent or gross negligence,

• for injury to life, body, or health,

• under a guarantee (unless otherwise specified),

• under mandatory law (e.g., product liability).

For slight negligence, we are only liable for breaches of essential obligations. In such cases, liability is limited to typical foreseeable damages.

Beyond this, liability is excluded. These rules also apply to our vicarious agents and legal representatives.

1. Redemption of Promotional Vouchers
   9.1 Vouchers issued free of charge for promotional purposes with a specific validity period can only be redeemed in our online shop within the stated period.

9.2 Certain products may be excluded from voucher redemption.

9.3 Vouchers must be redeemed before checkout. Subsequent redemption is not possible.

9.4 Multiple vouchers may be used per order.

9.5 Minimum order values apply. Remaining balances are not refunded.

9.6 If the voucher does not cover the order value, the difference must be paid using the available payment methods.

9.7 Vouchers cannot be paid out in cash or earn interest.

9.8 If items purchased with a voucher are returned under the right of withdrawal, the voucher value will not be refunded.

9.9 Vouchers are personal and non-transferable. We may verify the entitlement of the voucher holder.

1. Applicable Law
   10.1 German law applies. For consumers, this only applies to the extent that mandatory protections of the consumer's home country are not overridden.

10.2 The choice of law does not apply to consumers outside the EU whose residence and delivery address are outside the EU at the time of contract.

1. Alternative Dispute Resolution
   We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.