Legal

1. GENERAL

• Cream della Cream Switzerland GmbH, located at Via Pietro Capelli 18, 6900 Lugano in Switzerland and of which Mr. Philipp P. Plein, vip@plein.com, is the Chief Executive Officer (hereafter referred to as "Cream della Cream Switzerland GmbH" or "we"), operates an online shop under the internet address www.mona.art (hereafter referred to as “the Website"). All orders you place through this Website and our deliveries and services are subject solely to the version of the following Standard Terms and Conditions currently in force at the time of the order. Unless we have consented in writing to their application, we do not recognise any differing terms and conditions of the customer.
• Only consumers may place orders with the online shop. Dealers or intermediaries are expressly not permitted to purchase. Goods will only be sold to consumers in quantities and ranges customarily purchased by consumers and available in supply.

2. RIGHT TO RETURN THE GOODS

Neither the NFT nor the physical product that are sold together with such NFT are exchangeable or refundable. Hence the sale of the NFT and of the physical product in a inseparable aggregate shall be final for both and you shall not have the right to request any exchange or refund of either the NFT or the physical product.

3. FORMATION OF THE CONTRACT

Digital Artwork” on the Platform refers to a non-fungible Ethereum-based token that uses Smart Contracts on the Ethereum blockchain. The Ethereum blockchain provides an immutable ledger of all transactions that occur on the blockchain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a Transaction on the Platform.

Type of agreement for Digital Goods: Smart contracts are simply programs stored on a blockchain that run when predetermined conditions are met. They typically are used to automate the execution of an agreement so that all participants can be immediately certain of the outcome, without any intermediary’s involvement or time loss.

COLLECTOR RIGHTS

The Collector receives a physical good or cryptographic token representing the Digital Art as a piece of property, but does not own the Digital Art itself or any intellectual property rights therein. The Collector may display and share the Digital Art, but the Collector does not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Digital Art, except the limited license granted by these Terms.

Upon legally collecting and obtaining ownership of any Digital Artwork launched on the Platform, the Collector receives from the seller of such Digital Artwork a limited, worldwide, non-assignable and non-transferable (except as expressly set forth below), non-sublicensable, royalty-free license to display the Digital Art including the right to display such Art Content privately or publicly.

While the Collector has the right to sell, trade, transfer, or use their Digital Artwork, the Collector may not make commercial use of the Digital Artwork or its underlying.

IMPORTANT INFORMATION

1. The goods offered under www.mona.art are presented in the form of digital photographs of the actual art pieces. Minor differences between this presentation and how the goods really appear do not constitute a defect in the goods ordered.

2. We would like to draw your attention to the fact that products shown on www.mona.art may no longer be available or obtainable at the time of the customer’s visit and that the relevant prices might have changed. The prices offered are shown in Euro and Crypto Currencies, including value added tax.

DELIVERY AND DISPATCH

You will receive your NFT transferred to your wallet within the next 24h.

Additionally, you will receive the physical product matching to your NFT, delivered to your address. As soon as your product is on the way to you, you will receive a shipping confirmation and a tracking number per email.

PAYMENT, PAYMENT ARREARS

CRYPTO

A cryptocurrency is a digital currency secured by cryptography, which makes it nearly impossible to counterfeit or double-spend.

We accept payments in 24 different cryptocurrencies for purchases made in selected countries on mona.art

Cryptocurrencies accepted are:

• Bitcoin
• Bitcoin Cash
• Bitcoin SV
• Cardano (ADA)
• Dogecoin
• Ethereum
• Voyager Token (VGX)
• Litecoin
• Nano
• OmiseGo
• Paxos Standard Token
• Polkadot
• Stellar
• Solana
• Qtum
• Tron
• TrueUSD
• USD coin
• Tether ERC-20
• Aave
• Binance chain(BEP2)
• Binance Smart Chain(BEP20)
• Chainlink
• Polygon

Coinify is not available in the U.S. for Alabama, Alaska, Connecticut, Florida, Georgia, Hawaii, Idaho, Louisiana, Michigan, New Mexico, New York, North Caroline, Rhode Island, South Dakota, Tennessee, or Vermont. It is also not available in Russia and Crimea (UA).

How to pay with cryptos?

1) Select your favourite items and add them in the shopping bag;

2) Shopping bag shows the total amount expressed in the local currency (i.e.: EUR);

3) During the checkout, you can select “cryptocurrency” as payment method:

• Your order will be created with payment status UNPAID;
• You will be redirected to Coinify’s payment page where you can choose the cryptocurrency (see cryptos accepted above).
• The order has to be placed in crypto within 15 minutes.
• You will be redirected to success/failure plein.com page

We update the cryptocurrency exchange every 20 minutes

If the total payment amount is more than 20k euro, we will request (as requested from the international law) for the following info:

• Description of the payment’s background and purpose;
• KYC information (valid government issued ID);
• Source of Bitcoin documentation - (referring to the purchase receipt that shows who bought the Bitcoins (name and Bitcoin address), when and where the Bitcoins were purchased and how the Bitcoins were paid for. This can be in the form of a screenshot/PDF/email confirmation.

You will need to upload this information through to a special link that we will send to you.

CREDIT CARD

The information on the credit card (number of the card, expiry date etc.) are forwarded automatically via a coded security system to the Paymaster without Philipp Plein International AG or any third party having any kind of access to this data. Even in the event of a possible refund, the complete credit card details cannot become known. This is why a refund is only possible on the card with which the purchase was originally made. The financial information connected with credit card transactions (number of the card, expiry date etc.) are automatically forwarded with a coded message without Philipp Plein International AG or a third party having any access to them. Except in the event of a refund on possible returns, this information will never again be used.

Please note that the credit card account is directly debited but the payment is under review by our service provider. We are not allowed to send out the order until the payment is verified.

Please be also aware that with credit card payments the billing address and the delivery address must be both either within or outside EU.

Online security

Mona.art uses the security software SSL (Secure Socket Layer). This is an asymmetrical encoding method in the Internet that protects your credit card data from being overheard or manipulated whilst your credit card data is being transmitted. It is therefore impossible for any unauthorized person to read this data whilst it is being transferred in the Internet"

PAYPAL

With PayPal, when selecting this option at checkout, you will be directed to the PayPal website to 'log in' and review the amount shown before clicking on 'pay now'. Once you complete the transaction, you will be redirected to mona.art.

WARRANTY

The provisions of the Law on Warranty will apply.

DATA PROTECTION / Privacy Policy

Welcome

At MONA we are committed to protecting and respecting your privacy. This notice sets out key information regarding Mona.art and how any personal data you provide to us will be processed. For all other information regarding our services, please refer to our Terms & Conditions.

If you would like more information about how we collect, use and store your personal data, you can contact us at any time by emailing vip@plein.com or writing to the Privacy Team at Cream Della Cream Switzerland GmbH, Via Pietro Capelli 18, 6900 Lugano, Switzerland.

WHAT PERSONAL DATA DO WE COLLECT AND WHY?

We collect your personal data when you place an order, call our Customer Care team, sign up for our marketing communications, browse our website or use the other services offered by our website. The data we collect includes details you provide to us, such as your given name and surname and your shipping and billing addresses. We also collect data regarding your shopping habits and the pages and products you have viewed from your use of the website. We use this data to:

• Take your orders, process your payments and deliver the items you have purchased;
• Provide any additional services you have requested, such as our marketing communications;
• Give you access to services reserved for registered users, such as Wish Lists and product notifications;
• Deliver your MONA POST, if you are a customer or account holder;
• Provide you with help and assistance via our Customer Care team;
• Personalize your visit to the website and ensure that content from our site is presented in the most effective manner for you and for your computer.

Under the Law, we must have a valid legal basis to process your data. In most instances, we will process your data because we have a contract with you e.g. to deliver your purchases, or to provide you with other services you have requested. We will also use your personal data to send you sales and marketing communications that we believe may be of interest to you if we have your explicit consent for this activity, or if you are an existing customer where we have a legitimate interest in communicating with you. You can opt out of sales and marketing communications from us at any time.

Personal Information We Collect from Publicly Available Sources: We may collect identification information about you from publicly available blockchain networks, such as the Ethereum blockchain.

What is our legal basis for processing your personal data?

Under the Law we must have a valid reason for using your personal data and we may not collect, store or use data about you that is not compatible with that reason. There are four valid reasons for our use of your personal data:

• I. Most of the data we collect from you is necessary to allow us to fulfil our contract with you or to enter into a contract with you e.g. you provide a billing address and email address when your purchase an item from www.Plein.com so that we can process your payment and send you your order confirmation.

• II. In certain circumstances we will ask for your permission or consent to use your personal data e.g. if we would like to send you marketing information about items we believe may be of interest to you via email. If you have given your consent to our use of your personal data, you are entitled to withdraw this consent at any time.

• III. We may also have a legitimate interest in using your personal data e.g. to ensure that the content of our website is presented to you and your device as effectively as possible, or to ensure that our marketing communications are relevant to your interests. If this is our reason for using your data, we must make sure that our interests do not override yours and you are entitled to object to this use of your data.

• IV. Lastly, we may be required to use your data to meet a legal obligation or to protect your interests e.g. we may exchange data with other specialist organizations for the purposes of fraud detection and credit risk reduction and we will retain financial data long term to meet our statutory obligations.

WHO WILL PROCESS YOUR DATA?

Your personal data will be processed by Cream Della Cream Switzerland GmbH and Philipp Plein International AG, as the data controllers, and may also be processed by other Group companies acting under our instructions.

We may also retain the services of external suppliers to help meet our business needs and may share your data with these suppliers. These suppliers have been selected after a rigorous evaluation process and chosen for their security, reliability and competence. They will process your data only under our instructions. Some of these suppliers and some Group companies may be based in non-EU countries. Where this is the case, the transfer of your personal data to these countries is carried out in compliance with the guarantees provided by law.

HOW LONG DO WE KEEP YOUR DATA?

We will not retain your personal data for longer than is necessary to fulfil the purposes for which you provided that personal data, unless the law permits or requires that we retain it for longer. The retention period varies depending on the purpose of the processing. For example, the data collected during your purchase of goods on www.Plein.com are retained in accordance with local tax law, while those data used to send you our marketing communications are retained until you ask to be unsubscribed.

SECURITY

We protect your personal data with specific technical and organizational security measures aimed at preventing your personal data from being used illegitimately or fraudulently.

In particular, we use security measures that guarantee: encryption or pseudonymization of your data; the confidentiality, integrity, and availability of your data as well as the resilience of the systems and services that process them; the ability to restore data in the event of a data breach. Furthermore, Cream Della Cream Switzerland GmbH undertakes to test, verify and regularly evaluate the effectiveness of technical and organizational measures in order to guarantee continuous improvement in the safety of processing.

COOKIE POLICY

What is a cookie and what is its purpose?

A cookie is a small file that is sent to the browser and saved on your device when you visit a website like plein.com (""the website"").

Cookies allow the site to function efficiently and improve its services, in addition to providing information to the site owner for statistical or advertising purposes, primarily to personalize your navigation experience by remembering your preferences (for example, remembering the language and currency you set, in order to recognize you at the next visit, etc.)

Which cookies do we use and for what purposes?

Our website uses various types of cookies and similar technologies, each of which has a specific function. Below is a table explaining them.

Type of cookie function

1. Navigation cookies

From the first access these cookies allow the website to function correctly and allow you to view content on your device by recognizing the language and market of the country from which you've chosen to connect. If you are a registered user, they will allow you to be recognized and to access the services offered from the dedicated areas. Navigation cookies are technical cookies and are needed for the functioning of the website.

2. Functional cookies

These cookies allow, based on your express request, for you to be recognized when you subsequently access the website, so that you do not have to enter your information each time (for example: Remember me"").

If you have added items into your Shopping Bag and closed the session without completing the purchase and without eliminating those items, these cookies allow you to continue the shopping experience the next time you access the website (within a limited period,) finding the same articles that were selected.

Functional cookies are not essential to the functioning of the website, but rather improve navigation quality and experience.

3. Analytical cookies

These cookies are used to prepare statistical analyses on the navigation methods of our website's users. Cream della Cream Switzerland GmbH treats the results of these analyses anonymously and exclusively for statistical purposes only if the service provider uses the cookies to connect to the browser used or other devices used to navigate on the website. The website uses certain third-party services which, entirely independently, install their own cookies.

Our own and third-party marketing and profiling cookies

These cookies are aimed at creating user-related profiles to send commercial messages that meet the preferences shown during the visit, or to improve your navigation experience: while you navigate on our website, these cookies are useful for showing you products of interest to you or which are similar to those you have viewed. Third party cookies are those that have been sent by our trusted third-party companies. These cookies allow you to be provided with our commercial offering on other affiliated websites (retargeting). With third party cookies we do not have control of the information provided by the cookie and we do not have access to this data. This information is entirely controlled by third party cookies as described in the respective privacy policy.

4. Social Network cookies

These cookies are necessary to allow your social account to interact with our website. For example, they are used to express your appreciation and to share it with your social networking friends. The social network cookies are not needed for navigation.