General Terms & Conditions with Customer Information

1. General
2. Scope 2.1. With regard to the business relationship between Atelier Tom Munsteiner™, Tom Munsteiner, Wiesenstrasse 10, 55758 Stipshausen, Germany (hereinafter referred to as “vendor”) and the customer (hereinafter referred to as “customer”), solely the following general terms and conditions apply in the version valid at the time of purchase.
Offers and Services
4. Purchase and Conclusion of Sales Contract
Prices and shipping costs (listed separately.) The prices and shipping costs are part of the terms and conditions. Delivery, Shipping, Payment
6. Delivery and Product Availability
7. Payment
8. Retention of Title
9. Warranty and Guarantee
10. Liability
11. Storage of the Contract Text
12. Final provisions
13. Customer information on the Money Laundering Act (GwG)

1. General
1.1. 1.1. We conduct all our deliveries and services exclusively in accordance with the following terms and conditions of sale, delivery, and payment. We do not recognize any terms of purchase or payment by the customer which are contrary to or deviate from our own terms and conditions, unless we have explicitly agreed to the validity of the customer’s terms in writing in the respective case. 1.2. Our terms and conditions also apply if we carry out the delivery to the customer without reservation knowing that the customer’s terms conflict with or deviate from our own terms and conditions.
1.2. Our terms and conditions also apply if we carry out the delivery to the customer without reservation knowing that the customer’s terms conflict with or deviate from our own terms and conditions.

2. Scope 2.1. With regard to the business relationship between Atelier Tom Munsteiner™, Tom Munsteiner, Wiesenstrasse 10, 55758 Stipshausen, Germany (hereinafter referred to as “vendor”) and the customer (hereinafter referred to as “customer”), solely the following general terms and conditions apply in the version valid at the time of purchase.
2.1. With regard to the business relationship between Atelier Tom Munsteiner™, Tom Munsteiner, Wiesenstrasse 10, 55758 Stipshausen, Germany (hereinafter referred to as “vendor”) and the customer (hereinafter referred to as “customer”), solely the following general terms and conditions apply in the version valid at the time of purchase.
2.2. 2.2. For questions, complaints, and objections, we can be reached on weekdays from 9:00 a.m. to 4:00 p.m. CET by phone (+49-6544- 600) as well as by email (Munsteiner@t-online.de).
2.3. 2.3. The range of goods in our online store may be purchased exclusively by customers who are considered business entities pursuant to § 14 section 1 BGB (German civil code), i.e., exercising commercial or independent professional activities when the contract of purchase is concluded.
2.4. 2.4. Deviating conditions by the customer are not be recognized unless the vendor explicitly agrees to their validity.

Offers and Services
3.1. 3.1. The presentation of the products in the online store does not constitute a legally binding offer, but rather an invitation to place an order. Specifications of services in catalogues as well as on the websites of the vendor must not be understood as an assurance or guarantee.
3.2. 3.2. All offers are valid “while supplies last”, unless otherwise specified with the product. Errors remain reserved.

4. Purchase and Conclusion of Sales Contract
4.1. The customer may select products from the vendor’s assortment without obligation and place them in a so-called shopping cart by selecting [add to Shopping cart] Within the shopping cart, the selected products may be modified, e.g., deleted. Subsequently, the customer may conclude the order process within the shopping cart by selecting [Proceed to Checkout]
4.2. By selecting [Chargeable order], the customer submits a binding request to purchase the products in the shopping cart. 4.2. By selecting [place order ], the customer submits a binding request to purchase the products in the shopping cart. Before submitting the order, the customer may modify and view the information at any time. The customer may also return to the shopping cart by selecting “back” in the web browser or cancel the order process altogether. Compulsory information to be provided by the customer is marked with an asterisk (*).
4.3. The vendor then sends the customer an automated email confirmation listing the customer’s order, which the customer may then print by selecting “print” (order confirmation). 4.3. The vendor then sends the customer an automated email confirmation listing the customer’s order, which the customer may then print by selecting “print” (order confirmation). The automatic confirmation merely documents that the customer’s order has been received by the vendor. It does not constitute an acceptance of the request. . The sales contract is not concluded until the vendor has sent or handed over the ordered product to the customer within 5 days, or the vendor has confirmed the shipment of the order to the customer within 5 days in a second email, an explicit order confirmation, or the delivery of the invoice.
4.4. . If the vendor allows advance payment, the sales contract is concluded with the provision of the bank details and payment request. If, despite a repeated payment request, the vendor does not receive the payment within 10 calendar days after the order confirmation was sent, the vendor withdraws from the contract resulting in the order becoming invalid and the vendor not being obliged to deliver the goods. The order is concluded for the customer and the vendor without any further consequences. In cases of advance payment, the goods are thus reserved for no more than 10 calendar days.

5. Prices and Shipping
5.1. 5.1. All prices listed on the vendor’s website do not include the applicable statutory VAT.
5.2. 5.2. In addition to the listed prices, the vendor charges shipping costs for delivery. The customer receives clear information about the shipping costs on a separate information page during the order process. The customer receives clear information about the shipping costs on a separate information page during the order process.
5.3. 5.3. Our listed prices are valid only for the respective order. Repeat orders are treated as new orders. Repeat orders are treated as new orders.
5.4. The prices and shipping costs are part of the terms and conditions.

6. Delivery and Product Availability
6.1. 6.1. If the parties have agreed on advance payment, the order is shipped after the vendor has received the invoice amount.
6.2. 6.2. If the delivery of the goods should not be possible through the fault of the customer despite three delivery attempts, the vendor may withdraw from the sales contract. Any payments made by the customer will be refunded immediately.
6.3. 6.3. If the ordered product is not available because the vendor has not received this product from the supplier through no fault of the vendor, the vendor may withdraw from the contract. In this case, the vendor immediately informs the customer and, if applicable, proposes the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the vendor immediately returns any considerations already paid by the customer.
6.4. Customers are informed about delivery times and delivery restrictions (e.g., country-specific restrictions) on a separate information page or in the respective product description.
6.5. The delivery takes place at the customer’s expense “ex works”. The customer bears any risk of accidental loss and accidental deterioration of the goods during the shipping process. This also applies in the case of shipment to a recipient specified by the customer as well as in the case of post-paid deliveries. We insure the goods against transport damages. This does not mean that we assume the risk for the shipping of the goods. Purchase returns are insured only if the customer uses the same form of shipment that we selected when sending the goods.

7. Payment
7.1. The customer may choose from the available payment methods during and before the conclusion of the order process. Customers are informed about the available payment methods on a separate information page.
7.2. 7.2. If payment by invoice is possible, the payment must be made within 10 days after receipt of the goods and the invoice. For all other methods of payment, the payment must be made in advance without deduction.
7.3. If third-party providers are commissioned with the processing of the payment, e.g., PayPal, their general terms and conditions apply.
7.4. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer is required to pay the statutory interest on arrears.
7.5. The customer’s obligation to pay interest on arrears does not preclude the vendor from asserting further claims for damages caused by delay.
7.6. The customer only has a right to set-off if his counterclaims have been legally established or acknowledged by the vendor. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

8. Retention of Title
8.1. The delivered goods remain the property of the vendor until full payment has been made.

9. Warranty and Guarantee
9.1. The warranty is determined by existing legal regulations.
9.2. A guarantee for the goods delivered by the vendor only exists if it has been expressly given. Customers are informed about the guarantee conditions before initiating the order process. Customers are informed about the guarantee conditions before initiating the order process.

10. Liability
10.1. With regard to the vendor’s liability for damages, the below exclusions and limitations of liability apply notwithstanding other legal conditions for claims.
10.2. The vendor is liable without limitation insofar as the cause of the damage is a result of intent or gross negligence.
10.3. 10.3. Furthermore, the vendor is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the vendor is only liable for the foreseeable damage typical for the contract. The vendor is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4. The above limitations of liability do not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee of the quality of the product, and in the event of fraudulently concealed defects. Liability under the Produkthaftungsgesetz (German Product Liability Act) remain unaffected.
10.5. Insofar as the liability of the vendor is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

11. Storage of the Contract Text
11.1. 11.1. The customer may print the text of the contract before submitting the order to the vendor by selecting “print” in his web browser in the last step of the order.
11.2. The vendor also sends the customer an order confirmation containing all order information to the email address indicated by the customer. With the order confirmation, and at the latest upon delivery of the goods, the customer also receives a copy of the terms and conditions along with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If you have signed up in our shop, you may view your orders in your customer profile . In addition, we store the contract text, but do not make it available online.
Hinweis: Bitte beachten Sie nachfolgend, dass der Link ttp://ec.europa.eu/consumers/odr/ klick bar sein muss

12. Final provisions
12.1. The vendor’s registered place of business is the place of jurisdiction and performance if the customer is a merchant, a legal entity under public law, or a special asset under public law.
12.2. 12.2. The contractual language is German.
12.3. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

13. Customer information on the Money Laundering Act (GwG)
Requirements for the Money Laundering Act (GwG)

The legislature has obliged a large group of traders to comply with the Money Laundering Act. In addition to credit institutions, insurance companies, lawyers and notaries, auditors and trustees, this group also includes our company. In addition to credit institutions, insurance companies, lawyers and notaries, auditors and trustees, this group also includes our company.
According to Section 2 (1) No. 14 of the GwG, we are therefore obliged to comply with the provisions of the Money Laundering Act and to act accordingly when carrying out our activities.
The Money Laundering Act imposes certain duties of care on us. This particularly includes in relation to our business activities

  • The identification of the contractual partner and any person who may appear
  • The keeping a record of the information received and the documents submitted
  • Obtaining information about the business purpose
  • The clarification of whether the contractual partner is acting on behalf of a beneficial owner
  • The clarification of the PeP status (PeP = politically exposed person)

As a contractual partner, you are legally obliged to provide the necessary information and documents. Corresponding regulations are contained in Section 11 (6) and Section 12 of the Money Laundering Act.
According to the provisions of the Money Laundering Act (§ 10 and § 11), we must identify the contractual partner (s) and, if available, the beneficial owner (s) before the transaction is carried out. To do this, we must collect the following information from those involved in the purchase contract and verify its accuracy by inspecting documents:

Requirements for our contractual partners

  • For natural persons: surname, all first names, place of birth, date of birth, nationality, address, type of ID, ID number and issuing authority.

Verification by presenting a valid official ID with photo, with which the passport and ID requirements are fulfilled in Germany (ID card, passport …).

A complete, legible copy (front and back) must be made of the identification paper and attached to the contract.

  • For legal entities or partnerships: company, name or designation, legal form, registration number, address of the registered office or main branch, names of the members of the representative body / legal representatives. In addition, in these cases it is mandatory to determine the beneficial owner.

Using a current excerpt from the commercial or cooperative register or a comparable official register, we must ensure that the above information is correct. As an obligated party to the AMLA, from 2020 we must obtain proof of registration or an extract from the transparency register at the beginning of a new business relationship.

  • Politically exposed persons: It must be clarified whether the contractual partner or the beneficial owner,

as well as their relatives or persons known to be closely related who exercise or have exercised an important political office.

All information and checks to be collected by us are carried out using forms. Please support us in collecting and documenting the data. In doing so, we meet the requirements of Section 8 of the Money Laundering Act (recording and retention requirements).

We thank you for your understanding and your support in fulfilling our legal obligations.

Further information on the Money Laundering Act (GwG):https://www.bafin.de/SharedDocs/Veroeffentlichungen/EN/Aufsichtsrecht/Gesetz/GwG_en.html hier: https://www.gesetze-im-internet.de/gwg_2017/GwG.pdf

Atelier Munsteiner B2B Shop
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