Terms and Conditions

§ 1. General Provisions

(1) Animus Medicus GmbH, Richard-Wagner.Str. 5, 93055 Regensburg, offers customers (consumers and businesses) anatomical art prints for purchase via its own online shop (hereinafter: Animus Medicus).

(2) The following provisions apply to contracts between Animus Medicus and the customer, unless otherwise agreed. The version valid at the time of the conclusion of the contract shall prevail. Conflicting terms and conditions of commercial customers require the approval of Animus Medicus to be valid.

(3) A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. Entrepreneur means a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in exercise of its commercial or independent professional activity.

§ 2. Conclusion of Contract in the Online Shop, Reservation of Title

(1) The products and services listed in the online shop do not generally constitute binding offers for the conclusion of a contract; rather, they represent an invitation to the customer to submit a binding offer to Animus Medicus for the purchase of the product. By placing an order in the online shop, the customer submits a binding contractual offer. Immediately after submitting the order, the company sends confirmation of receipt of the order via automated email. This does not constitute acceptance of the order. The company is entitled to accept the customer's contract offer within five business days upon receipt of an order confirmation by the customer. Otherwise, the customer is no longer bound by their order.

(2) Animus Medicus reserves the right to deliver an item other than the one purchased 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 for items where the design is not relevant.

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

§ 3. Prices, Payment and Shipping Costs

(1) The prices listed in the offers are final prices without exception - i.e., 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 a business - insurance. Therefore, additional delivery and shipping costs will be incurred when the items are shipped; for subscriptions, shipping costs will be incurred for each delivery.

(3) The customer assures that they have provided the correct and complete delivery address. Should additional costs arise during shipping due to incorrect address information – such as repeat shipping costs – the customer shall bear these costs if they are culpably responsible for providing the incorrect address.

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

§ 4. Retention of Title

(1) The goods remain our property until full payment has been received.

(2) If the customer is a business owner, they may process and sell the goods delivered under retention of title in the ordinary course of their business, or consume them for the provision of 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 assigns in advance his payment claims from the resale or the provision of the delivery and service to Animus Medicus, which hereby accepts the assignment.

§ 5. Delivery and Shipping Conditions

(1) Unless otherwise agreed in individual cases, the delivery of the items generally takes place against advance payment and by shipping.

(2) Partial deliveries are only permissible if they are reasonable for the customer or if the customer has expressly agreed to them. Partial deliveries of a single purchase item are unreasonable, for example. Partial deliveries do not affect the customer's rights due to service disruptions.

(3) For businesses, the risk of accidental loss or damage to the sold goods passes upon handover to the business itself or an authorized recipient, and in the case of mail order purchases, upon delivery of the goods to a suitable carrier. For consumers, the risk of accidental loss or damage to the sold goods passes upon delivery of the goods to the consumer. If the customer defaults on acceptance, this is equivalent to handover with regard to the transfer of risk.

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

§ 6. Transport Damage

If goods are delivered with obvious transport damage, please report such defects to the carrier immediately and contact Animus Medicus without delay. The omission of a complaint or contact has no consequences for your statutory 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 respective transport company or transport insurance.

§ 7. Warranty

(1) The customer is entitled to the statutory warranty rights against Animus Medicus due to an initial defect. The customer initially has a right to subsequent performance; however, the customer reserves the right to reduce the purchase price or, at their discretion, to withdraw from the contract; claims for damages remain unaffected by the aforementioned provision.

(2) Consumers have the choice, within the scope of subsequent performance, whether the subsequent performance should be carried out either by rectification (repair of the purchased item) or replacement delivery. In contrast, Animus Medicus initially provides warranty for defects of the purchased item to businesses, at its own discretion, by rectification or replacement delivery. If the customer asserts a claim for subsequent performance, they are obligated, upon request by Animus Medicus, to make the purchased item available for a corresponding examination to verify the asserted defect complaint.

(3) Obvious defects must be reported in writing by merchants within 10 days of receipt of the goods; otherwise, the assertion of warranty claims is excluded. Timely dispatch of the notification of defect is sufficient to meet the deadline.

§ 8. Liability

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

(2) For damages caused by ordinary negligence and not covered by paragraph 1 sentences 1 and 2, Animus Medicus is liable insofar as the negligence concerns the breach of such contractual obligations, the observance of which enables the execution of the contract in the first place and on the fulfillment of which the buyer may therefore rely (cardinal obligations); however, liability towards businesses is limited to the foreseeable, contractually typical, direct average damage, so that in particular indirect damages (e.g., lost profit) and consequential damages are excluded. The amount of damages is limited towards businesses to the value corresponding to three times the value of the delivery.

(3) Any further liability, regardless of the legal nature of the asserted claim, is excluded.

§ 9. Final Provisions

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

(2) If the customer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered office of Animus Medicus. The same applies if the customer has no general place of jurisdiction in Germany or if their residence or habitual abode is not known at the time the lawsuit is filed. The right to also appeal to a court at another legal place of jurisdiction remains unaffected. Print this page /wp:flatsome/uxbuilder