Terms & Conditions
Terms and Conditions:Preamble
Mr Dominik Janouschkowetz / Janouschkowetz GmbH runs the website www.fossilreplikate.com on the internet for commercial purposes and offers his customers fossil replicas for sale on his website.
1.1 The following terms and conditions are valid for all contracts and business relations between the customer and Janouschkowetz GmbH.
1.2 All agreements in connection with a purchase contract reached between Janouschkowetz GmbH and the customer are set out in writing in the terms and conditions and in the purchase contract.
2. Conclusion of the contract
2.1 The contract language is German. All offers are subject to change without notice with regard to technical modifications or other modifications such as in the shape, colour and / or weight of the product.
2.2 The description of products in the online-shop does not represent a legally binding offer, but rather is a non-binding online catalogue which is an invitation to make a bid. After the customer has entered his/her personal details, and by clicking on the “Buy it now” or “Order now” button(s) in the following step the customer has entered a binding order (i.e. offer for the conclusion of a contract) for the goods /services contained in the shopping cart.
2.3 Confirmation of receipt of the order together with notification of the “processing number” shall be sent immediately after sending the order and is not yet the acceptance of the order. Acceptance of the purchase contract rests with Janouschkowetz GmbH. We can accept your order by sending you an order confirmation by email or by dispatching the goods within five days.
3. Contract text stored
The text of the contract shall be stored. You can view, download or save our terms and conditions at any time –also before you enter into the contract – via the link “AGB”(Terms and Conditions) and “Versand und Lieferbedingungen” (Dispatch and delivery conditions). We will store your order details according to the applicable regulations set out in the Bundesdatenschutzgesetz (German Data Protection Act) and we will send these to you by email together with the instructions on revocation.
4. Prices and terms of payment
4.1 All prices listed in the Janouschkowetz GmbH online store and on the internet are the retail prices for the consumer in EUR and include statutory value added tax (sales tax) of 19%. Depending on the offer in question, these prices refer to the item, pair or other unit and are only valid for orders placed within the context of e-commerce and are exclusive of postage and packaging costs.
4.2 Customers from European countries other than Germany can buy products exclusive of VAT if they are in possession of a valid VAT ID number and inform us of this when placing the order. If no VAT ID number is supplied to us then the statutory German rate of VAT will be charged, currently 19%. Customers from outside Europe (e.g. Switzerland, USA) are exempt from German VAT. However we must point out that for deliveries to countries outside the EU customs duties and other taxes such as VAT may be due. The customer is responsible for paying and bearing such costs him/herself.
4.3 You can find the period of validity of the limited offers under “Special Offers”. In spite of careful stock management it is possible that special offer articles are sold out faster than expected. Therefore we do not grant any delivery guarantee. The following applies: only while stocks last.
In so far as the bought offer is valid and can be delivered, the prices at the time of placing the order are valid. Otherwise point 5 of the Terms and Conditions apply.
4.4 Ordered goods are delivered against payment in advance, invoice or cash on delivery. When payment in advance is selected, payment must be made within seven days of placing the order.
5. Delivery and right of non-delivery, postage and packaging costs
5.1 Orders placed by private persons shall be delivered after advance payment has been received or against cash on delivery. We only accept orders from private persons which are to be delivered on account (with invoice) if the order is placed in writing and sent by postal service. When your order is to be paid by advance payment you will be sent an invoice with the bank details after the order has been received.
Deliveries to public establishments, schools, museums etc we also deliver on account (with invoice) via the “order” function, if the institute is the delivery address and when a contact person in named.
5.2 Products offered online are in stock if so marked. Please see the product description for delivery times. If no details of delivery times are stated then the product will be delivered at the latest within 28 days of acceptance of the order.
Please find information about how delivery dates are calculated here.
5.3 Delivery within Germany and some European countries is carried out by DHL parcel services. Any other form of delivery must be agreed in writing in advance.
Shipping within Germany:
For deliveries within Germany, excluding the islands, the following costs are incurred for postage and packaging: (= shipping flatrate):
flatrate 6.90 EUR incl. VAT
Shipping to delivery addresses outside Germany incurs costs according to the following table as a packet or package with DHL parcel services:
Zone 1 * Zone 2 ** Zone 3 *** Zone 4 **** Zone 5 *****
from 17.50 EUR 20.00 EUR 30.00 EUR 40.00 EUR 55.00 EUR
Countries according to zone:
* Andorra, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, France, Greece, Greenland, Great Britain, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxemburg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Sweden, Switzerland (21.50 Euro), Slovakia, Slovenia, , Spain, Hungary, Vatican City
** Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, Gibraltar, Iceland, Kazakhstan, Croatia, Macedonia, Moldavia, Montenegro, Russia, Serbia, Turkey, Ukraine, Belarus
*** Albania, Algeria, Bahrain, Egypt, Iran, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Syria, Tunisia, Yemen
**** Argentina, Australia, Brazil, Canada, Chile, China, Colombia, Hong Kong, India, Indonesia, Japan, Malaysia, Mexico, New Zealand, North Korea, Pakistan, Peru, Philippines, Puerto Rico, Saudi-Arabia, South Africa, Singapore, Taiwan, Thailand, USA, United Arab Emirates, Venezuela
***** All countries and areas which are not listed in Zones 1 to 4.
Cash on Delivery:
Shipping of goods fit for package mailing and with cash on delivery is only possible within Germany ans Austria . Such shipping incurs the shipping costs specific for that country with an additional Cash on Delivery fee of 7.00 Euros. 5 Euros of this will be shown on our invoice, 2 Euros of this is collected by DHL directly as a transfer fee. The delivery courier will provide you with a receipt for this EUR 2. - upon request.
5.4 Export to outside the EU:
In many cases exporting items beyond the borders of the European Union is possible without any problem.
5.5 If an article ordered by a customer is not available for shipping, or if the delivery date is expected to be more than four weeks from order confirmation, Janouschkowetz GmbH shall inform the customer as soon as possible of the exact delivery date or alternatively inform the customer that delivery cannot take place; Janouschkowetz GmbH is obliged to return or refund any payment already received without delay in such a case.
6. Customer service/Customer complaints
Please contact Janouschkowetz GmbH at the address provided under “Contact” on the website if you have any questions or complaints about our products. You can also inform us of your questions and complaints by telephone or email. These will be dealt with as soon as possible.
7. Reservation of proprietary rights
If a delivery of goods is not made against advance payment Janouschkowetz GmbH reserves the right of property to the delivery goods until receipt of all payments due. While Janouschkowetz GmbH still remains the proprietor of the delivery goods the buyer is liable to immediately inform Janouschkowetz GmbH of any third parties’ claim to any rights to the delivery goods.
8. Warranty, guarantee
All of the goods in our shop are subject to statutory warranty rights. The warranty and guarantee conditions are determined according to statutory regulations unless stated otherwise in the following.
8.1 Warranty is excluded for defects arising from inaccurate mounting (especially by a third party), inaccurate use of the goods or accessories or by wear due to overuse or improper care. Variations from the photos concerning colour and shape are natural and shall be accepted as such. None of these points shall be accepted as reasons for complaint with demand for compensation in the case of any complaints received.
8.2 Guarantee conditions
The presentation of products on our website is to be understood exclusively as a mere product description. It must not be understood as a guarantee for the quality or durability of the product. All photos show examples of the preparations/specimens, which only show the appearance of that specific species. When you place an order you do not receive the exact specimen shown in the photo. All measurements stated are average values. The delivered product can deviate from these, so it can be larger or smaller.
Warranties issued by Janouschkowetz GmbH must always be stated as such and submitted in writing. Warranty declarations by third parties, especially by a manufacturer remain unaffected by this.
9.1 According to the statutory regulations Janouschkowetz GmbH is liable for endangerment of life, limb or health subject to the relevant legislation in so far as damages arise from negligent behaviour or premeditated neglect of duties on the part of him or of his legal representatives or agents and is also liable subject to the relevant legislation for other damages which arise due to premeditated or gross negligence or wilful deceit by him or by his legal representatives or agents. Janouschkowetz GmbH is also liable for damages according to the relevant legislation such as product liability legislation.
9.2 Janouschkowetz GmbH will also be liable for damages arising from simple negligence insofar as the negligence applies to contractual obligations that are essential to the contract objectives or the fulfilment of which is required to enable the contract to be fulfilled and on the fulfilment of such the contract partners can regularly rely; however in such cases the liability is limited to foreseeable, direct average damage that is typical for the contract.
9.3 In the case of slightly negligent injury of inessential contract duties Janouschkowetz GmbH is not liable to traders or businesses; with respect to consumers liability in such cases is restricted to foreseeable, direct, average damage that is typical for the contract.
9.4 Further liability is excluded regardless of the legal basis on which the claim for damages is made; this applies especially to claims based on alleged criminal action.
9.5 Insofar as the liability of Janouschkowetz GmbH is excluded or restricted the same applies in respect of the personal liability of its employees, representatives or agents.
For online disputes you have access to http://ec.europa.eu/odr.
10. Final provisions
The place of jurisdiction for all claims arising from the contractual business relationship with Janouschkowetz GmbH insofar as the customer is an entrepreneur, a legal entity or special fund under public law, the place of jurisdiction for all and any claims and the exclusive place of jurisdiction for all and any disputes arising from the contract shall be agreed to be where the headquarters of Janouschkowetz GmbH is located in 45964 Gladbeck.
45964 Glabeck, January 2022
Privacy and data protection
We adhere strictly to the legal regulations on privacy and data protection as set out in the Bundesdatenschutzgesetz (German Data Protection Act) and the Teledienstdatenschutzgesetz (German Teleservices Data Protection Act). All personal data we collect from and about you is processed and stored exclusively to enable us to provide individual customer care for you. You can view your details at any time. Any additional data processing or use only takes place if you have agreed to it and only in connection with that agreement. In such cases you have the possibility to view the content and scope of your agreement and to change or revoke it at any time. You also have the possibility to view and change any data stored about you at any time. You also have the possibility to completely delete your user data free of charge at any time. If you would like to change or delete your details please send us an email to email@example.com requesting the deletion or changes to your details.
This document is a translation. In case of any dispute only the German original is valid.