General Terms and Conditions

§ 1. General Provisions

1. The Animus Medicus GmbH, Richard-Wagner.Str. 5, 93055 Regensburg, offers customers (consumers and entrepreneurs) anatomical art prints for purchase through 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 valid at the time of the conclusion of the contract is decisive. Conflicting general terms and conditions of commercial customers require the recognition of Animus Medicus to be effective.

3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legally responsible partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

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

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 submit a binding offer to purchase the product to Animus Medicus. By placing an order in the online shop, the customer submits a binding contractual offer. The company immediately sends a confirmation of receipt of the order by automated email. This is not an acceptance of the order. The company is entitled to accept the customer's contractual offer within five working days by sending an order confirmation to 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 in items where design does not matter.

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

§ 3. Prices, Payment, and Shipping Costs

1. The prices listed in the offers are final prices - i.e., they include all price components, including any taxes that may apply.

2. Unless otherwise agreed in individual cases, the prices do not include packaging, freight, postage, and - if the customer is an entrepreneur - insurance. Therefore, additional delivery and shipping costs will be incurred when sending the items; for subscriptions, shipping costs will be incurred for each delivery.

3. The customer assures that they have provided the correct and complete delivery address. If additional costs are incurred for the shipment due to incorrect address data - such as re-incurred shipping costs - the customer must bear these costs if they are at fault for providing the incorrect address.

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

§ 4. Retention of Title

1. The goods remain our property until they are fully paid for.

2. If the customer is an entrepreneur, they may process and sell the goods delivered under retention of title in the ordinary course of business 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 contractual parties agree that the customer already assigns their payment claims from the resale or the provision of the delivery and service to the end customers to Animus Medicus, which accepts the assignment already now.

§ 5. Delivery and Shipping Conditions

1. The delivery of the items generally takes place against prepayment and by shipping, unless otherwise agreed in individual cases.

2. Partial deliveries are only permissible if they are reasonable for the customer or 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 performance disruptions.

3. The risk of accidental loss and accidental deterioration of the sold item passes to entrepreneurs with the handover to themselves or an authorized recipient, in the case of shipment sales already with the delivery of the goods to a suitable transport person. For consumers, the risk of accidental loss and accidental deterioration of the sold item passes to the consumer with the handover of the goods to the consumer. With regard to the transfer of risk, it is equivalent to the handover if the customer is in default of acceptance.

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

§ 6. Transport Damage

If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact Animus Medicus immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, especially your warranty rights. The customer will support Animus Medicus to the best of their ability in asserting these claims against the relevant transport company or transport insurance.

§ 7. Warranty

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

2. Consumers have the choice within the scope of supplementary performance whether the supplementary performance should be carried out by repair (rectification of the purchased item) or replacement delivery. For entrepreneurs, Animus Medicus initially provides a warranty for defects of the purchased item at its own discretion through rectification or replacement delivery. If the customer asserts supplementary performance, they are obliged to make the purchased item available for inspection of the claimed defect at the request of Animus Medicus.

3. Obvious defects must be reported by merchants within a period of 10 days from receipt of the goods in text form; otherwise, the assertion of the warranty claim is excluded. It is sufficient to send the defect notification in time 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 agents. Furthermore, Animus Medicus is liable for given guarantees as well as for damages covered by 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 fraud by it, its legal representatives, or agents.

2. For damages caused by simple negligence and not covered by paragraph 1 sentences 1 and 2, Animus Medicus is liable only if the negligence concerns the violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the buyer may regularly rely (cardinal obligations); in this case, liability is limited to the foreseeable, contract-typical, direct average damage, so that in particular indirect damages (e.g., lost profit) and consequential damages are excluded. The amount of the damage is limited to the value corresponding to three times the delivery value for entrepreneurs.

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 to the extent that the protection granted by mandatory consumer protection provisions of the law of the state in which the consumer has their habitual residence is not withdrawn. 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 business seat of Animus Medicus. The same applies if the customer has no general place of jurisdiction in Germany or if the domicile or habitual residence is not known at the time of the lawsuit. The authority to also call the court at another legal place of jurisdiction remains unaffected.