General Terms & Conditions

1. General ♥ 2. Conclusion of contract ♥ 3. Terms of payment ♥ 4. Delivery and shipment ♥ 5. Reservation of title ♥ 6. Return delivery ♥ 7. Legal venue and applicable law ♥ 8. Final provisions

1. General

1.1 The following General Terms and Conditions are valid for all deliveries made by the BODY WORLDS Store to consumers or business undertakings.

1.2 Our General Terms and Conditions apply exclusively. Differing, contrary or additional general terms and conditions of our customers shall only be incorporated in the contract if explicitly approved in writing. This requirement for approval shall apply in all cases, including for example should we make unreserved delivery to the customer despite being aware of the general terms and conditions of such customer. Differing, contrary or additional general terms and conditions of our customers are hereby contradicted.

1.3 Intermediate trading in products of the Institute for Plastination is prohibited in all cases.

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2. Conclusion of contract

2.1 Our offers are non-binding and subject to change. This applies in particular to dimensions, descriptions, technical details and packaging units quoted in the BODY WORLDS Store. We retain title and copyright to catalogs, product descriptions and other documentation sent to our customers prior to conclusion of the contract or enclosed with deliveries.

2.2 Customer orders for merchandise shall be deemed to constitute a binding offer to enter a contract unless otherwise specified in the order or in other agreements. We shall be entitled to accept such offer to enter into a contract within 4 weeks of receipt of the same. Acceptance may either be declared in written form (i.e. by means of a confirmation of order) or by delivery of the merchandise to the customer.

We retain the right to make changes, in particular of a technical or optical nature; such changes shall not constitute a deviation from the order.

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3. Terms of payment

3.1 Orders shall be placed with:

• the BODY WORLDS Store

• by fax to +49 6221 33 11 45

• by E-mail to order(at)plastination.com

• by mail to the Institute for Plastination, Rathausstrasse 11, 69126 Heidelberg, Germany

3.2 Payment shall be made in Germany:

• by crossed cheque (enclosed with the written order).

• cash on delivery (plus EUR 5.60 COD fee).

• by credit card (stating credit card expiration date).

• by direct debit (please include your account number, bank code, bank name, and name of the account holder).

• by payment in advance (please include the name of the ordering party; shipment will be made immediately following receipt of payment).

Please note that bank charges are for your account. Bank transfer payments must be made in advance to:

Commerzbank AG, Heidelberg, Germany

Institute for Plastination

SWIFT Code: COBADEFF672

IBAN: DE75 6724 0039 0190 1883 00

Account: 1 901 883 00

Bank code 672 400 39

3.3 Flat-rate shipping charges in Germany are:

• EUR 6.00
  

• EUR 3.00 for items identified with an asterisk *. These items can be sent to you more economically by post, provided that the ordered volume does not exceed the applicable weight category (up to and including 0.5 kg). Click here for the table of weights.

3.4 Payment from outside Germany is made:

• by credit card (stating credit card expiration date) .

• by payment in advance (please quote the name of the ordering party; shipment will be made immediately following receipt of payment).

Please note that bank charges are for your account. Bank transfer payments in advance to:

Commerzbank AG, Heidelberg, Germany

Institute for Plastination

SWIFT Code: COBADEFF672

IBAN: DE75 6724 0039 0190 1883 00

Account: 1 901 883 00

Bank code 672 400 39

3.5 Click here for shipping charges for orders placed from outside Germany.

3.6 Minimum order value and prices

• Minimum order value is EUR 13.00 including value added tax.

• All prices are inclusive of value-added tax.

• All prices are subject to change without notice and relate to the quote price unit.

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4. Delivery and shipment

4.1 Unless otherwise agreed, delivery shall as a rule be made within Germany in approximately 2 weeks following conclusion of the contract and outside of Germany in approximately 6 weeks. Even if delivery periods are bindingly agreed, we shall only be deemed to have defaulted on delivery should a corresponding reminder be issued by the customer.

4.2 Unless a specific method of shipment is explicitly agreed with the customer, we retain the right to determine the method of shipment (in particular carriers, shipping route, packaging).

4.3 Should we be unable to meet delivery deadlines for reasons for which we are not responsible (non-availability of the performance), we shall inform customers of the same immediately and simultaneously specify a new delivery period. Should delivery not be available within the new delivery period, we shall be entitled to withdraw in part or wholly from the non-performed part of the contract. We shall immediately reimburse any consideration we may have received.

4.4 Flat-rate shipping charges in Germany are:

• EUR 6.00 or

• EUR 3.00 for items identified with an asterisk *. These items can be sent to you more economically by post, provided that the ordered volume does not exceed the applicable weight category (up to and including 0.5 kg); refer to the following table of weights.

4.5 Please calculate your charges for shipments made outside Germany using the following table of weights:

Please note: Items marked with an asterisk * can be sent to you more economically by post, provided that the ordered volume does not exceed the applicable weight category (up to and including 0.5 kg).

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5. Reservation of title
5.1 We retain title to merchandise pending full payment. With regard to business undertakings, we retain title to merchandise pending full settlement of all receivables due to us from a current business relationship.

5.2 Merchandise subject to reservation of title shall not be pledged to third parties or assigned by way of security prior to full payment of secured receivables. The customers shall notify us immediately by registered post should third parties seize or assert claims to merchandise to which we retain title detailing the form of such seizure or claims.

5.3 Should the customer commit a breach of contract, in particular by failing to pay the due purchase price, we shall be entitled to withdraw from the contract in compliance with statutory provisions and to demand surrender of the merchandise subject to reservation of title on the basis of such reserved title and rescission of the contract. Should the customer not pay the due purchase price, we shall only be entitled to assert such rights if we have previously and fruitlessly stipulated a reasonable period in which such payment must be made or should such the stipulation of such a period not be required by law.

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6. Return delivery

6.1 Click here for instructions relating to your right to revoke the contract.

6.2 Should you exercise your right to revoke and should the value of the delivery order exceed 40 €, we shall reimburse to you the value of the merchandise, the costs of postage and return delivery to the bank or credit card account quoted in your order. Should you have opted to pay by invoice, we shall deduct any postage costs accepted by us from any outstanding invoice amounts relating to the returned delivery. In all other cases we shall transfer the amounts to be paid by us to an bank account previously notified to us. Should we not have your payment details, we request that you notify us of your bank account details. You will be informed about credited amounts by e-mail. Should the invoice amount not yet have been transferred by you, the invoice shall become null and void upon return delivery. We recommend that you retain the postal receipt for insured packages until your account has been credited.

6.3 If the merchandise have been used, the following applies:
Return delivery of merchandise which have been used, will not be accepted after a period of 2 weeks. Should the merchandise be returned within this period, we retain the right to charge a reasonable amount for the use of the item should such items reveal clear signs of use.

6.4 Please do not send items to us "postage unpaid". If the returned merchandise are valued at €50 or less, please choose the most cost-effective method of shipment (usually "book rate" or "small package"). Our Delivery Department will be glad to inform you about the cheapest method of shipment. Should the value of the merchandise exceed 50 Euro, you should in all cases send the delivery as a "package" and retain the postal receipt.

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7. Legal venue and applicable law

7.1 If the customer is a registered trader as defined by the German Commercial Code (HGB), a legal person under public law or a special fund under public law, the exclusive legal venue for disputes arising directly or indirectly from this contractual relationship (including the claims asserted in the course of a dunning procedure, §§688 ff. of the Code of Civil Procedure—ZPO—) is our place of business in Heidelberg, Germany.

7.2 The Institute for Plastination shall however be entitled to bring an action at the legal venue of the ordering party.

7.3 These General Terms and Conditions and all legal relationships between us and the customer shall be subject to the law of the Federal Republic of Germany to the exclusion of all international and supranational (contractual) legal arrangements, in particular to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

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8. Final provisions

Should single provisions of these terms of business be null and void or impracticable, or should these terms of business contain loopholes, this shall not affect the validity of the remaining provisions. Such invalid or impracticable provisions shall be deemed to be replaced by those valid or practicable provisions which correspond as closely as possible to the business or economic purposes of the invalid or impracticable provisions.

Last update: April 2004

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