General Terms and Conditions

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General Terms and Conditions with Customer Information

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Table of Contents

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1. Scope

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Terms

6. Retention of Title

7. Warranty Liability

8. Liability

9. Redemption of Gift Vouchers

10. Applicable Law

11. Jurisdiction

12. Alternative Dispute Resolution

1) Scope

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 displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 For contracts regarding the delivery of vouchers, these GTC apply accordingly, unless otherwise explicitly regulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit an 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. The Customer may also submit an offer by fax to the Seller.

2.3 The Seller can accept the Customer's offer within five days by:

- sending the Customer a written order confirmation or confirmation in text form (fax or e-mail), whereby the receipt of the confirmation by the Customer is decisive, or

- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

- requesting payment from the Customer after the order has been placed.

If multiple of the above alternatives occur, the contract is concluded at the time when the first alternative occurs. The acceptance period begins the day after the Customer sends the offer and ends at the expiry of the fifth day following the offer. If the Seller does not accept the Customer's offer within this period, this shall be deemed a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal user agreement available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. When the Customer pays by a PayPal payment method selectable during the online ordering process, the Seller hereby accepts the Customer’s offer at the time the Customer clicks the button completing the order.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after submitting the order. No further access to the contract text by the Seller will be provided. If the Customer has created a user account in the Seller's online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account with the appropriate login data.

2.6 Before the binding submission of the order via the Seller’s online order form, the Customer can detect any input errors by carefully reading the information displayed on the screen. A useful technical aid for better detection of input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their inputs using the usual keyboard and mouse functions until the button that completes the ordering process is clicked.

2.7 The contract can be concluded in German and English.

2.8 Order processing and communication usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that the Seller's e-mails can be received at this address. In particular, the Customer must ensure that emails sent by the Seller or third parties commissioned by the Seller for order processing are not blocked by spam filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is set out in the Seller's withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices including statutory VAT. Any additional delivery and shipping costs will be indicated 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, fees for money transfer via financial institutions (e.g., transfer fees, currency conversion fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfers even if the delivery is not to a country outside the European Union but the Customer makes payment from a country outside the EU.

4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract unless a later due date has been agreed.

4.5 If the payment method "SOFORT" is selected, payment processing is carried out by SOFORT GmbH, Theresienhöhe 12, 80339 Munich ("SOFORT"). To pay via SOFORT, the Customer must have an online banking account enabled for participation in SOFORT, identify themselves during the payment process, and confirm the payment order to SOFORT. The payment transaction is then carried out immediately, and the Customer’s bank account is debited. Further information on the payment method "SOFORT" is available at https://www.klarna.com/sofort/.

4.6 If payment by invoice is selected, the purchase price is due after the goods have been delivered and invoiced. The purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction unless otherwise agreed. The Seller reserves the right to limit the payment method invoice to certain order volumes and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the restriction in the payment information in the online shop.

4.7 If payment by invoice via BS PAYONE is selected, the purchase price is due after delivery and invoicing. The purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction to BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main. Invoice purchase is only available to Customers aged 18 or older and requires a successful credit check by BS PAYONE GmbH. If approved, payment processing is handled by BS PAYONE GmbH, to which the Seller assigns the payment claim. The Customer can only discharge their debt by paying BS PAYONE GmbH. The Seller remains responsible for general customer inquiries regarding goods, delivery time, shipping, returns, complaints, withdrawal statements and refunds. The terms and conditions of BS PAYONE GmbH apply additionally (https://www.bspayone.com/AT/de/gtc). The Seller reserves the right to limit this payment method to certain order volumes and to refuse it outside these limits, informing the Customer accordingly.

4.8 If the payment method "PayPal Invoice" is selected, the Seller assigns its payment claim to PayPal. PayPal conducts a credit check before accepting the assignment using the transmitted Customer data. The Seller may refuse "PayPal Invoice" in case of a negative credit check. If approved, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods unless PayPal specifies a different payment deadline. Payment can only be made to PayPal with debt-discharging effect. The Seller remains responsible for general customer inquiries even after assignment. The PayPal terms of use for invoice purchase apply (https://www.paypal.com/de/webapps/mpp/ua/pui-terms).

4.9 If payment by credit card is selected, the invoice amount is due immediately upon contract conclusion. Credit card payment processing is carried out in cooperation with BS PAYONE GmbH, authorized by the Seller to collect the payment. BS PAYONE GmbH charges the amount to the Customer’s credit card. The credit card is charged immediately after the order is placed. The Seller remains responsible for general customer inquiries for this payment method.

5) Delivery and Shipping Terms

5.1 Delivery of goods is made by shipping to the delivery address provided by the Customer unless otherwise agreed.

5.2 If delivery fails due to reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller. This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal. For return shipping costs in case of valid withdrawal, the Seller’s withdrawal instructions apply.

5.3 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller hands over the goods to the carrier, freight forwarder, or other person or institution responsible for the shipment. If the Customer is a consumer, the risk only passes upon delivery to the Customer or an authorized recipient. However, if the Customer instructs the carrier, freight forwarder, or other person or institution responsible for shipment and the Seller has not previously named this person to the Customer, the risk passes to the Customer upon handover to this party.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with due diligence. The Seller will make reasonable efforts to procure the goods. If goods are not available or only partially available, the Customer will be informed immediately and any consideration paid will be refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be delivered to the Customer as follows:

- by post

6) Retention of Title

6.1 With respect to consumers, the Seller retains ownership of the delivered goods until full payment of the purchase price is made.

6.2 With respect to entrepreneurs, the Seller retains ownership of the delivered goods until all claims from the ongoing business relationship have been fully paid.

6.3 If the Customer is an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties are assigned to the Seller in the amount of the respective invoice value (including VAT) in advance. This assignment applies regardless of whether the reserved goods were resold without or after processing. The Customer remains authorized to collect the claims even after assignment. The Seller’s authority to collect the claims themselves remains unaffected but will not be exercised as long as the Customer meets their payment obligations, is not in default, and no insolvency proceedings are initiated.

7) Liability for Defects (Warranty)

If the purchased item is defective, the provisions of the statutory warranty apply. Deviating from this:

7.1 If the customer acts as an entrepreneur,

- the seller has the choice of the type of subsequent performance;

- the limitation period for defects in new goods is one year from delivery of the goods;

- in the case of used goods, rights and claims due to defects are generally excluded;

- the limitation period does not start anew if a replacement delivery is made within the scope of warranty liability.

7.2 If the customer acts as a consumer, the following restriction applies to used goods: claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year from delivery can be asserted within the statutory limitation period.

7.3 The liability limitations and time restrictions regulated in the above paragraphs do not apply

- to items used according to their usual use for a building and which caused its defectiveness,

- to claims for damages and reimbursement of expenses of the customer, and

- in the event that the seller has fraudulently concealed the defect.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for recourse claims according to § 445b BGB remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB, the commercial duty to inspect and give notice of defects according to § 377 HGB applies. If the customer omits the notification obligations specified therein, the goods are deemed approved.

7.6 If the customer acts as a consumer, he is requested to report obvious transport damage to the carrier upon delivery and to inform the seller thereof. Failure to do so has no effect on his statutory or contractual warranty claims.

8) Liability

The seller is liable to the customer from all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation from any legal grounds

- in cases of intent or gross negligence,

- in cases of intentional or negligent injury to life, body or health,

- based on a guarantee promise, unless otherwise regulated,

- based on mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage unless unlimited liability applies as per the above paragraph. Material contractual obligations are duties that the contract imposes on the seller according to its content to achieve the contract’s purpose, the fulfillment of which enables proper execution of the contract, and on compliance with which the customer regularly relies.

8.3 Otherwise, the seller’s liability is excluded.

8.4 The above liability rules also apply regarding the seller’s liability for his 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 the voucher states otherwise.

9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances are credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before the completion of the ordering process. Subsequent redemption 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, not for purchasing further gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, another payment method offered by the seller can be used to cover the difference.

9.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

9.8 The gift voucher is transferable. The seller can fulfill the obligation by performance to the respective holder redeeming the voucher in the online shop. This does not apply if the seller is aware or grossly negligent regarding the lack of entitlement, incapacity, or lack of authorization of the respective holder.

10) Applicable Law

All legal relations between the parties are governed by the law of the Federal Republic of Germany excluding the UN Sales Convention. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state where the consumer has their habitual residence is not withdrawn.

11) Jurisdiction

If the customer is a merchant, legal entity under public law or public law special fund with registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer’s place of business is outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction if the contract or claims arising therefrom can be attributed to the customer’s commercial or professional activity. The seller is entitled in all cases to bring action before the court at the customer’s place of business.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts to which a consumer is a party.

12.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.