Terms and Conditions - Medical Anatomy Images - Animus Medicus – Animus Medicus GmbH Skip to content
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Conditions

Terms of Service

§ 1. General Provisions

(1) Animus Medicus GmbH, Johanna-Dachs-Str. 34, 93055 Regensburg, offers customers (consumers and entrepreneurs) anatomy art prints for sale via its own online shop at www.animus-medicus.de (hereinafter: Animus Medicus).

(2) The following provisions apply to contracts between Animus Medicus and the customer, unless otherwise agreed. The version applicable at the time the contract is concluded is decisive. Conflicting terms and conditions of commercial customers require the recognition of Animus Medicus to be valid.

(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur 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.

§ 2. Conclusion of contract in the online shop, reservation of delivery

(1) The products and services listed in the online shop do not constitute any binding offers to conclude a contract; rather, this is a request to the customer to make a binding offer to purchase the product to Animus Medicus. By placing an order in the online shop, the customer makes a binding offer to enter into a contract. Immediately after sending the order, the company sends the confirmation of receipt of the order by automated e-mail. This does not mean that the order has been accepted. The company is entitled to accept the customer's contract offer within five working days by the customer's receipt of an order confirmation. Otherwise the customer is no longer bound to his order.

(2) Animus Medicus reserves the right to deliver something other than the purchased item if this is reasonable for the customer. This applies, for example, to technical changes or changes in weight that do not affect the functionality of the purchased item, as well as minor changes in shape and color of items where the design is irrelevant.

(3) The conclusion of the contract is subject to the reservation that in the event of incorrect or improper delivery by suppliers, we will not or only partially perform. This does not apply if Animus Medicus is responsible for the lack of self-delivery. In the event of unavailability or only partial availability of the service, Animus Medicus will inform the customer immediately; in the event of withdrawal, the consideration will be refunded to the customer immediately.

§ 3. Prices, payment and shipping costs 

(1) The prices quoted in the offers are final prices without exception - ie they include all price components including any applicable taxes.

(2) Unless otherwise agreed in individual cases, the prices do not include packaging, freight, postage and - if the customer is an entrepreneur - insurance. Additional delivery and shipping costs are therefore incurred when the items are shipped; Subscriptions incur shipping costs for each delivery.

(3) The customer assures that he has given the correct and complete delivery address. If there are additional costs for shipping due to incorrect address data - such as shipping costs incurred again - the customer must reimburse these if he culpably did not provide the correct address.

(4) Unless otherwise agreed, the customer has  pay all amounts no later than 10 days after receipt of an invoice; the receipt of the amount by Animus Medicus is decisive.

§ 4. Retention of title

(1) The goods remain our property until they have been paid for in full.

(2) If the customer is an entrepreneur, he may process and sell the goods delivered under retention of title in the ordinary course of his business, or use them to provide a delivery and service. In the event of sale or consumption for the provision of a delivery and service of the goods delivered under retention of title, the contracting parties agree that the customer must already pay his claims for payment from the resale or the provision of the delivery and service to the end customer to Animus Medicus in advance resigns, which already accepts the assignment.

§ 5. Delivery and shipping conditions 

(1) Unless otherwise agreed in individual cases, the items are generally delivered against prepayment and by dispatch.

(2) Partial deliveries are only permitted if they are reasonable for the customer or if the customer has expressly agreed to them. Partial deliveries of a uniform object of purchase are unreasonable. Partial deliveries do not affect the customer's rights due to disruptions in performance.

(3) The risk of accidental loss and accidental deterioration of the item sold passes to entrepreneurs when the item is handed over to the item itself or to a person authorized to receive it, or in the case of mail-order sales when the item is delivered to a suitable transport person. In the case of consumers, the risk of accidental loss and accidental deterioration of the item sold passes to the consumer when the goods are handed over to the consumer. With regard to the assumption of risk, it is the same as handover if the customer is in default of acceptance.

(4) In the event of non-compliance with delivery deadlines due to temporary impediments to performance due to force majeure (e.g. war, civil unrest, natural disasters) or similar events (e.g. strike or lockout), the deadlines are extended by a period corresponding to the impediment to performance.

§ 6. Transport damage 

If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and please contact Animus Medicus immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. The customer will support Animus Medicus to the best of their ability, insofar as Animus Medicus asserts these claims against the transport company concerned or a transport insurance company.

§ 7. Warranty

(1) The customer is entitled to the statutory warranty rights against Animus Medicus due to an initial material defect. The customer initially has a right to supplementary performance, but the customer retains the right to reduce the price or, at his option, to withdraw from the contract; Claims for damages remain unaffected by the above regulation.

(2) As part of the supplementary performance, consumers have the choice of whether the supplementary performance should be carried out either by rectification (repair of the purchased item) or replacement delivery. On the other hand, Animus Medicus initially provides a warranty for defects in the purchased item to entrepreneurs by means of subsequent improvement or replacement delivery, at its own discretion. If the customer asserts supplementary performance, he is obliged, at the request of Animus Medicus, to make the purchased item available for a corresponding examination so that the notice of defects can be checked.

(3) Obvious defects must be reported by merchants in text form within a period of 10 days from receipt of the goods; otherwise the assertion of the warranty claim is excluded. The timely dispatch of the notification of defects is sufficient to meet the deadline.

§ 8. Liability 

(1) Animus Medicus is liable for damage resulting from injury to life, limb or health that is based on an intentional or negligent breach of duty by Animus Medicus, its legal representatives or its vicarious agents. In addition, Animus Medicus is liable for guarantees given and for damages that are covered by liability under mandatory statutory provisions, such as the Product Liability Act (ProdHaftG). Apart from that, Animus Medicus is liable for other damages that are based on an intentional or grossly negligent breach of duty as well as fraudulent intent on the part of Animus Medicus, its legal representatives or vicarious agents. 

(2) Animus Medicus is liable for damage caused by simple negligence and not falling under paragraph 1 sentences 1 and 2, insofar as the negligence relates to the breach of contractual obligations, the observance of which makes the execution of the contract possible in the first place and the fulfillment of which is the responsibility of the buyer therefore may trust (cardinal duties); however, liability towards entrepreneurs is limited to the foreseeable, contract-typical, direct average damage, so that in particular indirect damage (e.g. loss of profit) and consequential damage are excluded. The amount of the damage is limited to the value of entrepreneurs, which corresponds to three times the value of the delivery.

(3) Further liability is excluded regardless of the legal nature of the asserted claim.

§ 9. Final Provisions 

(1) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only insofar as the protection granted by mandatory consumer protection provisions of the law of the state in which the consumer has his habitual residence is withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) do not apply.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the place of business of Animus Medicus. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.