Fossiland

GTC

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

(1) The store operator describes the items in his function as an expert appraiser. This expertise (e.g. on the state of preservation or authenticity) is an essential part of the Brokerage or sales service.

(2) The store operator shall be liable for the professional accuracy of this appraisal in accordance with the statutory provisions. However, liability for damages caused by simple negligence shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for this type of contract.

(3) The above limitation of liability shall not apply in the event of injury to life, limb or health or in the event of damage caused by a grossly negligent or intentional breach of duty.

§ 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

(1) Dispatch shall take place immediately after confirmation of receipt of payment on the relevant account (see § 4).

(2) The items are packaged professionally. Shipping is always carried out as an insured package via a commercial shipping service provider (e.g. DHL, UPS). Transport damage or loss on the way to the buyer shall not be borne by the buyer in the case of consumer goods purchases in accordance with the statutory provisions.

(3) The shipment of brokered goods is carried out either by the third-party seller itself or by the store operator in the name and on behalf of the seller. The store operator acts merely as a vicarious agent of the seller.

(4) In the case of particularly valuable or sensitive goods that exceed the standard insurance sums of the shipping service providers, additional transport insurance will be taken out, the costs of which will be shown in the offer (in accordance with § 7 para. 2).

§ 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.

§ 10 Warranty and liability for defects

(1) The statutory liability for defects shall apply, unless otherwise agreed below.

(2) The following applies to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods may be claimed within the statutory limitation period.

(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.

(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.

§ 11 General limitation of liability

(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.