General Terms and Conditions (AGB)
§ 1 Scope of application and contractual partners
(1) These GTC apply to all orders placed via this online store.
(2) In the case of own stock, the store operator is the seller.
(3) For items with the note “Brokerage – sale in the name and for the account of third parties”, the store operator only acts as an intermediary. The contractual partner of the buyer is the third-party seller named during the purchase process.
§ 2 Conclusion of contract and special features of brokered goods
(1) The presentation of the products is non-binding. In the case of own goods, the contract is concluded by the order confirmation.
(2) In the case of brokered goods and items with the note “Price on request”, the buyer’s request constitutes an expression of interest. The store operator then submits an offer ready for purchase or a contract on behalf of the third-party seller. The contract is concluded upon acceptance by the buyer. The store operator acts as the authorized representative of the seller.
§ 3 Technical expertise and expert services
§ 4 Payment
(1) The payment systems offered in the store are available for own goods.
(2) In the case of brokered goods, payment shall be made directly to the third-party seller using the payment details provided. The store operator does not accept any payments for third-party goods; if payments are nevertheless received there in error, they will be refunded to the buyer immediately.
§ 5 Retention of title
The goods remain the property of the respective seller until full payment has been made.
§ 6 Delivery and shipment
§ 7 Shipping and packaging costs
(1) The costs listed in the “Shipping conditions” and deposited with the products (shown under “plus shipping”) apply.
(2) In the case of large or particularly sensitive goods (e.g. shipping by forwarding agent or special packaging such as wooden crates), the shipping and packaging costs shall be determined individually and communicated to the Buyer as part of the offer prior to conclusion of the contract.
§ 8 Right of withdrawal and reversal
The statutory right of withdrawal or the right of withdrawal granted as part of the withdrawal policy applies. In the case of brokered goods, the store operator coordinates the reversal between buyer and seller.
§ 9 Value added tax (note in accordance with § 19 UStG)
Currently, the delivery is carried out within the framework of the small business regulation according to § 19 UStG without showing VAT (VAT ID: DE343667608). From 2027, the statutory VAT on own goods and brokerage commissions will be shown in accordance with the statutory requirements.
(3) The above limitation of liability shall not apply to claims based on damage caused by the respective seller, its legal representatives or vicarious agents:
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty and fraudulent intent,
- in the event of a breach of material contractual obligations (cardinal obligations),
- within the scope of a guarantee promise or the Product Liability Act.
(4) In the case of brokered goods, the respective third-party seller is responsible for liability for defects. The store operator supports the communication, but does not assume any warranty for the quality of the brokered goods, unless there is a faulty assessment according to § 3.
(1) The store operator is always liable without limitation:
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of warranty promises or within the framework of the Product Liability Act.
(2) In the event of a slightly negligent breach of cardinal obligations, liability shall be limited to the amount of typical damage foreseeable at the time the contract was concluded.
(3) Otherwise, claims for damages are excluded.
(4) The assignment of claims for damages by the customer to third parties is excluded.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
Note on brokered goods: We voluntarily grant you this right of withdrawal for all goods offered in our store – even for those that are brokered in the name and for the account of private third parties.
To exercise the right of withdrawal, you must inform us (Fossiland) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired to:
Fossiland
Dipl.-Geol. Christoph Leins
Independent expert for fossils
Alte Straße 5/1
72074 Tübingen
Germany
E-Mail: info@fossiland.com
Note for returns from non-EU countries (e.g. USA, Switzerland, UK):
When returning goods from countries outside the European Union, the buyer is obliged to clearly mark the shipment as ‘Return Goods’ and attach the corresponding customs documents to the outside of the package. This serves to avoid the incorrect levying of import duties (customs duty and import VAT) upon re-importation. If import duties are nevertheless incurred due to an incorrect declaration by the buyer, we reserve the right to offset these costs against the purchase price to be refunded.
Consequences of withdrawal
If you withdraw from this contract, all payments we (or, in the case of brokered goods, the respective seller) have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), will be refunded to you immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract.
This refund will be made using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in no event will you be charged for this refund. We may withhold the refund until we (or the third-party seller) have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract to the return address provided during the processing. The deadline is met if you send the goods before the period of fourteen days has expired.
Return costs
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.