General terms and conditions of business

1. Scope
2. Conclusion of contract
3. Prices and payment terms
4. Delivery and shipping conditions
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Indemnity in case of infringement of third-party rights
9. Redemption of gift vouchers
10. Redemption of promotional vouchers
11. Applicable law
12. Place of jurisdiction
13. Information on online dispute resolution

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Mong Studio / Linh An Tran" (hereinafter referred to as "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is excluded unless otherwise agreed.
1.2 These Terms and Conditions shall apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.
1.3 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to his or her commercial or independent professional activity.
1.4 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2. Conclusion of contract

2.1 The presentation of the goods, particularly in the online shop, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. The next step begins the ordering process, in which all necessary data for order processing is recorded.
At the end of the ordering process, a summary of the order and contract details appears. Only after confirming these order and contract details by clicking the button that completes the ordering process does the customer submit a binding offer to purchase the goods contained in the shopping cart.
2.3 The Seller accepts the Customer’s offer through the following possible alternatives:

• Sending a written order confirmation or an order confirmation in text form (fax or e-mail) or

• Request for payment to the customer after placing the order or

• Delivery of the ordered goods

The first alternative that occurs determines the time of acceptance. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this constitutes a rejection of the offer. The customer is then no longer bound by their declaration of intent.
2.4 If the payment method "PayPal" or "Paypal Express" is selected, payment processing will be carried out by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). The PayPal Terms of Use apply; these are available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, for customers without their own PayPal account, at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .
If the customer selects "PayPal" or "PayPal Express" as the payment method for their purchase, or if the customer pays using one of the PayPal payment methods, they submit their offer by clicking the button that completes the order process. If the customer simultaneously issues a payment order to PayPal by clicking this button, the seller declares, in deviation from the above provisions, acceptance of the customer's offer at the time the payment order is issued.
2.5 The contract text of each contract concluded between the seller and the customer is stored by the seller. The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy, and the general terms and conditions will be sent to the customer via email. After completing the order, the contract text is accessible to the customer free of charge via their customer login, provided they have opened a customer account. 2.6 All entries made are displayed before clicking the order button and can be viewed by the customer before submitting the order and corrected by pressing the browser's back button or using the usual mouse and keyboard functions. In addition, buttons for correction, which are labeled accordingly, are available to the customer, where available.
2.7 The contract language is German.
2.8 It is the customer's responsibility to provide a correct email address for contact and order processing, as well as to set the filter functions so that emails concerning this order can be delivered.

3. Prices and payment terms

3.1 The prices displayed are final prices including statutory VAT, unless otherwise agreed.
If additional shipping costs apply, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the relevant customs or tax authorities or credit institutions.
The customer is advised to inquire about details with the relevant institutions or authorities before placing an order.
3.3 The customer can select the payment methods available in the online shop.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5 When paying via PayPal, payment is processed by PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply. These can be viewed at https://www.paypal.co m/de/webapps/mpp/ua/useragreement-full.

3.6 Paypal Checkout

If you pay via PayPal Checkout, payment processing is carried out by PayPal's payment service provider, PayPal (Europe) S.à rlet Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). PayPal may also use the services of third-party payment providers, which you can select if offered. If payment methods are offered on this website that require the seller to make advance payments (such as purchase on account or installment payments), the seller declares the assignment of its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the customer. PayPal or the selected third-party provider will first conduct a credit check before accepting the seller's offer of assignment. The selected payment method may be refused if the credit check is negative. After the selected payment method has been approved, payment is only possible to PayPal or the respective commissioned payment service provider with debt-discharging effect.
3.7 When paying via "PayPal Direct Debit," PayPal will collect the amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued and after the advance notification period has expired. Advance notification is the seller's notification to the customer that their account will be debited via SEPA direct debit and can be provided, for example, in the form of an invoice or a contract. If the direct debit cannot be honored due to insufficient funds or incorrect bank details being provided, or if the customer objects to the debit without being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The remaining contractual relationship as well as the rights and obligations towards the seller and the seller remain unaffected by payment by direct debit.

4. Delivery and shipping conditions

4.1 Goods will be delivered to the delivery address provided by the customer. Exception: When paying via PayPal, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or recipient, or other circumstances that make delivery impossible, these costs must be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility. The same applies if the Customer was temporarily prevented from accepting the service, unless the Seller has given them reasonable advance notice of the service. Excluded from this provision are the costs of delivery if the Customer has effectively exercised their right of withdrawal. In this case, the statutory provisions or the provisions made by the Seller apply.
4.3 If self-collection has been agreed, the customer will be informed by the seller that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters or an agreed location after consultation with the seller. In this case, no shipping costs will be incurred.
4.4 Vouchers will be provided to the customer in the following form:
*by email
*via download

*by post

5. Right of withdrawal

5.1 If the customer is a consumer, he or she is generally entitled to a right of withdrawal.
5.2 The Seller’s cancellation policy applies to the right of cancellation.
5.3 Consumers who are not members of a Member State of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded shall not have a right of withdrawal.

6. Retention of title

If the seller makes advance payments, the goods remain the property of the seller until the purchase price has been paid in full.

7. Liability for defects

7.1 With regard to the warranty, the provisions of statutory liability for defects shall apply unless otherwise agreed.
7.2 The customer is requested to report any goods delivered with obvious transport damage to the delivery agent and to notify the seller of this. Failure to do so will not affect the customer's statutory or contractual claims for defects.

8. Indemnity in case of infringement of third-party rights

If, in addition to delivering the goods, the seller is contractually obliged to process the goods according to the customer's specific specifications, the customer must ensure that the content provided to the seller for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer will indemnify the seller against any claims made by third parties in this regard, unless the customer is not responsible for the infringement. This indemnification also includes the assumption of reasonable costs for necessary legal defense, including all court and attorney fees, up to the statutory amount. In the event of a claim by third parties, the customer is obligated to promptly, completely, and truthfully provide the seller with all information necessary for examining the claims and for a defense.

9. Redemption of gift vouchers

9.1 Vouchers purchased through the Seller's online shop ("Gift Vouchers") can only be redeemed in the Seller's online shop.
9.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer's voucher account until the expiration date.
9.3 Gift vouchers can only be redeemed before the order process is completed. They cannot be redeemed subsequently.
9.4 Multiple gift vouchers can be redeemed within one order.
9.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for with a voucher.
9.6 If the value of a gift voucher is insufficient to pay for the respective order, one of the other offered payment methods can be used to settle the difference.
9.7 Balances on gift vouchers are not redeemable and do not bear interest.
9.8 Gift vouchers are generally transferable.
The seller may discharge the customer's liability by making a payment to the customer who redeems the respective gift voucher. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's potential ineligibility, incapacity, or lack of authority to represent the customer.

10. Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the Seller as part of (advertising) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online shop and only during the period specified by the Seller.
10.2 Promotional vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion.
The specific restrictions can be found in the promotional voucher, if applicable.
10.4 Promotional vouchers can only be redeemed before the order process is completed. They cannot be redeemed subsequently.
10.5 Only one promotional voucher can be redeemed per order. Redeeming multiple promotional vouchers in one order is not possible.
10.6 The value of the goods in the respective order must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.7 If the value of a promotional voucher is insufficient to pay for the respective order, one of the other offered payment methods can be used to settle the difference.
10.8 The balance of a promotional voucher will not be paid out or bear interest.
10.9 The promotional voucher will also 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.
10.10 The promotional voucher is personal and may only be redeemed by the person named on it. Transferring the gift voucher to third parties is prohibited. The seller has the right, but not the obligation, to verify the material eligibility of the respective voucher holder.

11. Applicable law

11.1 The law of the Federal Republic of Germany shall apply, excluding the laws governing the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has his or her habitual residence, remain unaffected.
11.2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they are not members of a Member State of the European Union at the time the contract is concluded and their sole residence and delivery address are outside the European Union at the time the contract is concluded.

12. Place of jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity. Nevertheless, in the aforementioned cases, the seller is also entitled to bring proceedings before the court at the customer's place of business.

13. Information on online dispute resolution

The EU Commission's online dispute resolution platform is available online at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.