Terms & Conditions:
Preamble
Dominik Janouschkowetz (“Knochenpraeparation.de” hereinafter) operates the following websites for commercial purposes
and offers to his customers on these websites professional bone preparations for purchase.
1. Area of Application
1.1 These Terms & Conditions shall apply to all business relations between Knochenpraeparation.de and its customers.
1.2 Any agreements made between Knochenpraeparation.de and its customers relating to the purchase contract shall be defined by these Terms & Conditions and the purchase contract.
2. Conclusion of Contract
2.1 The contractual language shall be German. All offers are subject to change in terms of technical or other amendments, such as shape, colour and/or weight of the product.
2.2 The presentation of our products in our online shop shall not constitute a binding offer but a non-binding online catalogue, which invites customers to submit an offer. Having entered their personal data and clicked on the “Place order” button in the final step of the order process, customers place their binding order (Offer for the Conclusion of a Contract) for the products/services in their shopping basket.
2.3 A notice of receipt of an order including reference number will be sent to you by Knochenpraeparation.de immediately on receipt of your order. Knochenpraeparation.de reserves the right to accept a purchasing contract and will inform customers of its acceptance by e-mail, telephone or on delivery of the items ordered with its Official Confirmation of Order (acceptance of your order).
3. Recording of the Wording of a Contract
The wording of the contact is recorded. Customers may view the Terms & Conditions at all times – also before conclusion of a contract – under the menu point “Terms & Conditions” and “Terms of Shipment and Delivery” and download or store them. We will save your order data as stipulated by the applicable regulations of the German Data Protection Act and will send them to you by e-mail together with the revocation instructions.
4. Rates and Terms of Payment
4.1 All prices listed by Knochenpraeparation.de as part of its online shop are retail prices in Euro and include German VAT at 19%. They refer, subject to each individual offer, to single pieces, pairs or other units. These prices only apply to e-commerce orders and do not include postage or packing.
4.2 Customers from other European countries are VAT-exempt, provided that they supply their valid VAT identification number when placing their order. We have to charge VAT at the current rate of 19% if no valid VAT ID number is supplied. Non-European customers (e.g. from Switzerland, the USA) are not subject to German VAT.
4.3 For the period of availability of a time-limited offer, please see our “Special Offers” menu point. Despite careful stocking, bargain items may sell out quicker than anticipated. Therefore we are not in a position to guarantee delivery and therefore expressly point out: only while stocks last.
If the purchased bargain item is valid and in stock, the prices applicable at the time of placing your order will be charged. In all other cases, No. 5 of these Terms & Conditions shall apply.
4.4 Ordered items will be delivered upon prepayment, invoice or COD. A period of seven days will be granted for prepayment orders once the order has been received.
We will not be liable for the intactness of bones (breaks, bullet wounds) or the number of teeth as these factors are frequently difficult to assess before the material is processed; deficiencies may materialise only during processing.
The acceptance of commission orders is subject to legal stipulations. In cases of protected species, customers are obliged to prove legal possession, providing copies of the required documents. We will be happy to provide information on the current regulations governing the protection of species and nature on request. Completed orders will be delivered upon receipt of prepayment or by COD parcel.
5. Deliveries and Delivery Provision, Postage and Packing Costs
5.1 Orders will be delivered to private individuals only upon prepayment or COD. Orders to be paid by invoice will be accepted from private individuals only in writing by post. Customers who opt to pay their order by prepayment will receive on receipt of their order an invoice featuring Knochenpraeparation.de’s banking details.
Deliveries to public institutions, schools, museums etc. will also be made for orders paid by invoice if the order is placed using the “Order” function, provided that the institution and contact person are listed in the delivery address.
5.2 Products offered online are immediately available. Deliveries upon prepayment will be made on receipt of payment.
5.3 We dispatch our parcels by GLS package delivery service within Germany and to a number of other European countries. The use of other delivery services on request is subject to prior agreement in writing.
S & H flat rates within Germany (excluding islands):
Flat rate for parcels up to 5 kg upon prepayment / by invoice EUR 6.90 incl. VAT.
Flat rate for parcels up to 10 kg upon prepayment / by invoice EUR 9.90 incl. VAT.
Flat rate for parcels up to 20 kg upon prepayment / by invoice EUR 13.90 incl. VAT.
Flat rate for parcels up to 30 kg upon prepayment / by invoice EUR 16.90 incl. VAT.
Flat rate for parcels between 30 and 40 kg max. upon prepayment / by invoice EUR 19.90 incl. VAT.
Dispatch of COD parcels at the above rates and only within Germany. A COD fee of EUR 10.60 incl. VAT will be charged in addition to the above S & H rates.
The following S & H rates will be charged for dispatch to the following European countries:
Belgium, Luxemburg, Netherlands (excluding non-European territories)
Austria, Denmark (excluding Faroe Islands, Greenland)
Dispatches to all other countries which are not listed above will be charged at the following rates and dispatched by DHL:
Zone 1 * Zone 2 ** Zone 3 *** Zone 4 ****
Up to 5 kg EUR 20.00 EUR 33.00 EUR 35.00 EUR 40.00
Up to 10 kg EUR 25.00 EUR 38.00 EUR 45.00 EUR 55.00
Up to 20 kg EUR 35.00 EUR 48.00 EUR 65.00 EUR 85.00
* Bulgaria, Estonia, Finland (excluding Åland Islands), France (excluding overseas territories and départements), Greece (excluding Mount Athos), Great Britain (excluding Channel Islands), Italy (excluding Livigno and Campione d´Italia), Ireland, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain (excluding Canary Islands, Ceuta + Melilla), Czech Republic, Hungary, Cyprus/Republic (North)
** Åland Islands (Finland), Andorra, Albania, Armenia, Azerbaijan,
Mount Athos (GR), Bosnia-Herzegovina, Campione d´Italia (IT),
Ceuta (E), Faroe Islands (DK), Georgia, Gibraltar (GB), Greenland
(DK), Guernsey (GB), Iceland, Jersey (GB), Canary Islands (E),
Kazakhstan , Kosovo (Serbian province), Croatia,
Liechtenstein, Livigno (IT), Macedonia, Melilla (E), Moldova
(Republic), Montenegro (Republic), Norway, Russian Federation,
San Marino, Switzerland, Serbia (Republic), Turkey, Ukraine,
Vatican City, Belarus, Cyprus (Turk. section)
*** Egypt, Algeria, Bahrain, Iran, Iraq, Israel, Yemen, Jordan, Canada,
Qatar, Kuwait, Lebanon, Libya, Morocco, Oman, Saudi Arabia, Syria,
Tunisia, USA, United Arab Emirates
**** All countries and territories not included in Zones 1, 2 or 3.
Fully mounted skeletons usually require special packaging and dispatch by a forwarding company. The (COD) dispatch costs are subject to the time and cost involved and the size and quantity of the delivery. We will send you an itemized estimate of the forwarding charges on request.
Exports of preparations beyond the borders of the EU are no problem in a large number of cases. Protected species require an export license from the Federal Nature Conversation Agency in Bonn, which incurs additional costs which will be charged to our customers at EUR 95.00 for orders of up to 4 different species, irrespective of the number of items ordered per species. These preparations are marked “Cites” on our homepage.
5.5 In the exceptional case that an item ordered by a customer is not available or the delivery period exceeds four weeks after receipt of order, Knochenpraeparation.de will inform the customer of the exact delivery date as soon as possible, or alternatively that delivery cannot be made; Knochenpraeparation.de will refund without delay any moneys received.
6. Revocation Clause
Provided that the stipulations relating to distance contracts apply, customers are entitled to revoke their purchase of items in line with the following instructions:
Customers are entitled to revoke their contractual statement in writing (e.g. letter, fax, e-mail) within one month without stating reasons, or - if they receive the purchased items before the expiry date - by returning the items. The period starts on receipt of these instructions in writing, but not before receipt by the customer of the items purchased (in cases of recurrent deliveries of similar items not before receipt of the first partial delivery) and not before fulfilment of our duty to furnish information as stipulated by § 312c paragraph 2 of the German Civil Code (BGB) in combination with § 1 paragraphs 1, 2 and 4 of the German Civil Code - Ordinance on the Duty to Inform (BGB-InfoV) and our obligations stipulated by § 312e paragraph 1 clause of the German Civil Code in combination with § 3 of the German Civil Code - Ordinance on the Right to Inform. The day of fulfilment of the above conditions shall not be included in the commencement of the term (§ 187 paragraph. 1 of the German Civil Code). The timely dispatch of the revocation or the items ordered will ensure observation of the revocation deadline. Please address your revocation to:
Ruhehorst 12
D-46244 Bottrop
In the event of a valid revocation, each party shall return to the other party the benefits received, and surrender possible additional benefits received (such as interest). If you are not in a position to return the items or parts thereof, or are unable to return them in their original condition, you will be obligated to compensate this loss of value. This clause shall not apply if such loss is solely due to the inspection of the ordered goods - as the customer might have done e.g. in a shop - or their intended use. You may avoid your obligation to compensate the loss of value caused by using the items for anything other than their intended purpose by not using the items as if they were your property and avoiding any action which may adversely affect their value. Items which may be dispatched by parcel will be returned at our risk. You will be charged with the cost of the return if the delivered items correspond to the items ordered and if the price of the returned items is less than EUR 40.00, or - in cases of items which cost more than EUR 40.00 - if payment or a contractually agreed part-payment has not been received at the time of your revocation. In all other cases, returns are free of charge. Items which may not be dispatched as parcels will be collected from your premises. Obligations to refund payments must be fulfilled within a period of 30 days. For you, this period begins with the date of posting your revocation or the items ordered, and for us with their receipt.
End of revocation clause”
7. Reservation of Property Rights
In instances where due to an agreement made with the customer delivery is not made upon prepayment, the products delivered shall remain our property until full payment has been received. As long as Knochenpraeparation.de remains owner of the items, the customer shall be obligated to inform Knochenpraeparation.de without delay if third parties assert rights, of any kind whatsoever, relating to the products.
8. Guarantee, Warranty
The guarantee and warranty conditions are subject to legal stipulations, unless defined otherwise in the following.
8.1 Warranty is excluded in instances of defects due to faulty (third-party) assembly, incorrect handling of the items purchased or their accessories, or wear due to overstraining. Bones are a natural product. Slight variations from our illustrations are natural and must be accepted as such. Please note that we have no influence on the degree of dental wear of mammal teeth. The skulls offered do not include secondary skeleton parts of the head, such as hyoid bones, scleral rings etc. None of these points will be accepted as reasons for rejection. Bones and teeth which are broken after receipt by the customer, especially due to incorrect handling or storage, are exempt from warranty.
In cases of doubt, the mere presentation of products on this website must be considered solely a technical specification, not as a guarantee of the quality or durability of the products. The images on this website are examples which illustrate the appearance of a specific species. You will not receive the skull/skeleton featured on the website. All dimensions are average values. The delivered product may differ in size from these dimensions and may be smaller or larger.
Each guarantee provided by Knochenpraeparation.de must be expressly defined as such. Guarantees provided by third parties, specifically manufacturer warranties, shall remain unaffected by this.
9. Liability
9.1 According to legal stipulations, Knochenpraeparation.de shall be liable without limitation for damages to life, body or health caused by a deliberate or negligent breach of duty by Knochenpraeparation.de, its legal representatives or agents, and for other damages caused by a deliberate or grossly negligent breach of duty or fraudulent intent by Knochenpraeparation.de, its legal representatives or agents. In addition, Knochenpraeparation.de shall be liable without limitation for damages included in binding legal stipulations, such as the Product Liability Act.
9.2 Knochenpraeparation.de shall be liable for damages caused by simple negligence, provided that the negligence concerns the breach of such contractual duties the fulfilment of which is of specific significance for the achievement of the purpose of the contract, the fulfilment of which renders possible the orderly execution of the contract, and the compliance with which the contract partner may regularly rely on; at the same time, this liability shall be limited to the foreseeable, contract-coherent, direct average damage typical to this type of contract.
9.3 In instances of a slightly negligent breach of insignificant contractual duties, Knochenpraeparation.de shall not be liable towards companies; towards private customers, its liability in such instances shall be limited to foreseeable, contract-inherent, direct average damages.
9.4 Further liability shall be excluded, irrespective of the legal nature of the claim; this shall also apply to tortious claims.
9.5 In so far as liability has been excluded or limited by the above, this shall also apply to the personal liability of employees, staff and agents.
10. Final Provisions
In so far as the customer is an entrepreneur, or a legal entity under public law, or a special fund under public law, Knochenpraeparation.de’s place of business in 46244 Bottrop shall be exclusive place of performance for all obligations arising from this agreement - including any warranty claims - and court of compliance for all disputes arising from this agreement.
46244 Bottrop, July 2008
Information on the German Packaging Ordinance
“Under the Packaging Ordinance, we are licensed at Noventiz GmbH in Cologne/Germany.”
Privacy and Data Protection
Our data protection practice is governed by the German Data Protection Act (BDSG) and the Tele Services Data Protection Act (TDDSG). All data recorded will be stored and processed expressly for the handling of your order. You may view you data at any time.
Data shall be used or processed further only if you have agreed to the further processing and use of your data, and even in those instances only within the scope of this agreement. In such instances, you shall be entitled to view the content and extent of your agreement at any time and to amend or revoke your agreement.
In addition, you will be entitled to view or amend your data at any time. You shall also be entitled to have your user data deleted free of charge at any time. Should you require an amendment or deletion of your data, please send an e-mail to post@tierschaedel-online.de, requesting a deletion or an amendment of your data.