General terms and conditions of business
§ 1. General provisions
(1) Animus Medicus GmbH, Richard-Wagner.Str. 5 , 93055 Regensburg, offers customers (consumers and entrepreneurs) through its own online shop atwww.animus-medicus.de Anatomy art prints for sale (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. Any conflicting general terms and conditions of commercial customers must be accepted by Animus Medicus in order to be valid.
(3) A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. 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 commercial or independent professional activity.
§ 2. Conclusion of contract in the online shop, delivery reservation
(1) The products and services listed in the online shop do not constitute binding offers to conclude a contract; rather, they are an invitation to the customer to make a binding offer to Animus Medicus to purchase the product. By placing an order in the online shop, the customer makes a binding offer to conclude a contract. Immediately after the order has been sent, the company sends confirmation of receipt of the order by automated email. This does not constitute acceptance of the order. The company is entitled to accept the customer's offer to conclude a contract within five working days by receiving an order confirmation from the customer. Otherwise, the customer is no longer bound to 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 important.
(3) The contract is concluded with the reservation that in the event of incorrect or improper delivery by suppliers, the service will not be provided or will only be provided in part. This does not apply if Animus Medicus is responsible for the lack of delivery. In the event of non-availability 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 stated in the offers are without exception final prices - 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. Additional delivery and shipping costs therefore apply when sending the items; for subscriptions, shipping costs apply for each delivery.
(3) The customer assures that he has provided the correct and complete delivery address.Should additional shipping costs arise due to incorrect address data - such as additional shipping costs - the customer must reimburse these if he or she negligently failed to provide the correct address.
(4) Unless otherwise agreed, the customer shall All amounts must be paid no later than 10 days after receipt of an invoice; the date of 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 as part of his regular business operations, or use them to provide a delivery and service. In the event of the sale or use of the goods delivered under retention of title to provide a delivery and service, the contracting parties agree that the customer assigns in advance his claims for payment from the resale or the provision of the delivery and service to the end user 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 shall generally be made against advance payment and by post.
(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 single purchase item are unreasonable. Partial deliveries do not affect the customer's rights due to service disruptions.
(3) The risk of accidental loss and accidental deterioration of the item sold passes to the entrepreneur upon handover to the entrepreneur or to a person authorized to receive it, and in the case of mail order sales, upon delivery of the goods to a suitable transport person. For consumers, the risk of accidental loss and accidental deterioration of the item sold passes to the consumer upon handover of the goods to the consumer. With regard to the transfer of risk, it is equivalent to handover if the customer defaults on acceptance.
(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 to performance.
§ 6. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact Animus Medicus immediately. Failure to complain or contact us 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 its ability if Animus Medicus asserts these claims against the relevant transport company or transport insurance.
§ 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 subsequent performance, but the customer reserves the right to reduce the price or to withdraw from the contract at his discretion; claims for damages remain unaffected by the above provision.
(2) Within the scope of subsequent performance, consumers have the choice of whether the subsequent performance should be carried out either by rectification (repair of the purchased item) or by replacement delivery. In contrast, Animus Medicus initially provides a warranty for defects in the purchased item to entrepreneurs at its own discretion by rectification or replacement delivery. If the customer claims subsequent performance, he is obliged, at the request of Animus Medicus, to make the purchased item available for an appropriate examination in order to check the complaint of defects.
(3) Merchants must report obvious defects in writing within 10 days of receipt of the goods; otherwise, the assertion of the warranty claim is excluded. Sending the notification of defects in a timely manner is sufficient to meet the deadline.
§ 8. Liability
(1) Animus Medicus is liable for damages resulting from injury to life, body or health that are 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 or fraudulent intent by it, its legal representatives or vicarious agents.
(2) Animus Medicus is liable for damages caused by simple negligence and not covered by paragraph 1 sentences 1 and 2, insofar as the negligence concerns the violation of contractual obligations, compliance with which makes the performance of the contract possible in the first place and on whose fulfillment the buyer can therefore rely (cardinal obligations); however, liability towards entrepreneurs is limited to the foreseeable, contract-typical, direct average damage, so that in particular indirect damages (e.g. loss of profit) and consequential damages are excluded. The amount of damage towards entrepreneurs is limited to the value that corresponds to three times the value of the delivery.
(3) Any further liability is excluded regardless of the legal nature of the claim asserted.
§ 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 only applies to the extent that 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, 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 registered office of Animus Medicus. The same applies if the customer does not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
