General Terms and Conditions with Customer Information
Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Gift Vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Plan Concept GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly regulated otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by fax.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
- by requesting payment from the Customer after submission of the Customer's order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax, or letter) after the Customer has sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The German and English languages are available for conclusion of the contract.
2.8 Order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including statutory value added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in relation to money transfers if delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.
4.5 If the payment method “SOFORT” is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to pay the invoice amount via “SOFORT”, the Customer must have an online banking account activated for participation in “SOFORT”, identify themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT”. The payment transaction is then carried out immediately by “SOFORT” and the Customer's bank account is debited. Further information on the payment method “SOFORT” can be found online at https://www.klarna.com/sofort/.
4.6 If the payment method purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop.
4.7 If the payment method purchase on account via BS PAYONE is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days from receipt of the invoice without deduction to BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main. Purchase on account is only possible for Customers who have reached the age of 18. The payment method purchase on account requires a successful credit check by BS PAYONE GmbH. If the Customer is granted purchase on account after the credit check, payment processing takes place in cooperation with BS PAYONE GmbH, to which the Seller assigns its payment claim. In this case, the Customer can only make payment to BS PAYONE GmbH with discharging effect. Even if the payment method purchase on account via BS PAYONE is selected, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credits. In all other respects, the General Terms and Conditions of BS PAYONE GmbH apply (https://www.bspayone.com/AT/de/gtc). The Seller reserves the right to offer the payment method purchase on account only from and up to a certain order volume and to reject this payment method if the specified order volume is not reached or exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop.
4.8 If the payment method “PayPal Invoice” is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the payment method “PayPal Invoice” in the event of a negative result of the check. If the payment method “PayPal Invoice” is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods unless PayPal specifies a different payment term. In this case, payment can only be made to PayPal with discharging effect. However, even in the event of assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credits. In addition, the General Terms of Use for the use of PayPal invoice purchase apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.9 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. Processing of the credit card payment method takes place in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorizes to collect the claim in its name. BS PAYONE GmbH collects the invoice amount from the Customer's specified credit card account. The credit card is charged immediately after the Customer's order has been sent in the online shop. Even if the payment method credit card payment via BS PAYONE GmbH is selected, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credits.
5) Delivery and Shipping Conditions
5.1 Delivery of goods takes place by shipment to the delivery address specified by the Customer unless otherwise agreed.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of outward shipment if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's cancellation policy regarding return costs shall apply.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
- by post
6) Retention of Title
6.1 With regard to consumers, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 With regard to entrepreneurs, the Seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the Customer acts as an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns to the Seller in advance all resulting claims against third parties in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller's authority to collect the claims themselves remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations towards the Seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.
7) Liability for Defects (Warranty)
If the purchased item is defective, the provisions of statutory liability for defects shall apply. Deviating from this, the following shall apply:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims due to defects are generally excluded;
- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 If the Customer acts as a consumer, the following restriction applies to used goods: claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects occurring within one year from delivery of the goods may be asserted within the statutory limitation period.
7.3 The limitations of liability and reductions of limitation periods regulated in the above clauses shall not apply
- to items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- to claims of the Customer for damages and reimbursement of expenses, as well as
- in the event that the Seller has fraudulently concealed the defect.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to Section 445b German Civil Code (BGB) remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of Section 1 German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the Customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation on any legal grounds
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, body, or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 Otherwise, liability of the Seller is excluded.
8.4 The above liability provisions also apply with regard to the liability of the Seller for their vicarious agents and legal representatives.
9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
9.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances will be credited to the Customer until the expiry date.
9.3 Gift Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
9.4 Only one Gift Voucher can be redeemed per order.
9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.
9.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
9.7 The balance of a Gift Voucher is neither paid out in cash nor does it accrue interest.
9.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder's lack of authorization, legal incapacity, or lack of authority to represent.
10) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11) Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to bring proceedings before the court at the Customer's registered office.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.