Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
8. Redemption of campaign vouchers
9. Redemption of gift vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Information about online dispute resolution
1) Scope of Application
1.1 These Terms and Conditions of the company plabr UG (haftungsbeschränkt) (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding the purchase of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.3 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.4 A consumer pursuant to these Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The seller may accept the Client’s offer within five days, – by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or – by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or – by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.5 In case of an order via the Seller’s online order form, the text of the contract will bestored by the Seller and will be sent to the Client in writing including these Terms andConditions (for example via e-mail, fax or letter) after the Client has submitted his order.In addition, the text of the contract will be stored on the Seller’s website and can befound by the Client via the password-protected customer account by entering therespective login information, provided that the Client has created a customer account inthe Seller’s online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mousefunction prior to submitting his binding order via the Seller’s online order form. Inaddition, prior to submitting a binding order, all data entered will be once againdisplayed in a confirmation window and can be corrected here as well, via the usualkeyboard and mouse function.
2.7 The German language is exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated orderprocessing. It is the Client’s responsibility to ensure that the e-mail address he providesfor the order processing is accurate so that e-mails sent by the Seller can be received atthis address. Particularly, it is the Client`s responsibility, if SPAM filters are used, toensure that all e-mails sent by the Seller or by third parties commissioned by the Sellerwith the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed informations about the right to cancel are provided in the Seller’sinstruction on cancellation.
4) Prices and Payment Conditions
4.1 Payment can be made using one of the methods mentioned in the Seller’s onlineshop.
4.2 In case of delivery to countries outside the European Union, additional costs mayincur in individual cases for which the Seller is not responsible and which have to beborne by the Client. This includes for example transfer fees charged by bankinginstitutes (transfer charges, exchange fees) or import duties or taxes (customs). Suchcosts regarding money transfer may also incur, if delivery is not made in a countryoutside the European Union and the Client carries out the payment from a countryoutside the European Union.
4.3 If prepayment has been agreed upon, payment shall be due immediately uponconclusion of the contract.
4.4 When choosing one of the payment methods offered by “PayPal” , the handling ofpayments is done via the payment service provider PayPal (Europe) S.a..r.l. et Cie,S.C.A., 22-24 Boulevard Royal, L-2449, subject to the conditions of use which can beviewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or, in casethe Client does not have a PayPal account, subject to the conditions for paymentswithout a PayPal account, which can be viewed athttps://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery addressindicated by the Client, unless agreed otherwise. During the processing of thetransaction, the delivery address indicated in the Seller’s order processing is decisive.
5.2 Should the assigned transport company return the goods to the Seller, becausedelivery to the Client was not possible, the Client bears the costs for the unsuccessfuldispatch. This shall not apply, if the Client exercises his right to cancel effectively, if thedelivery cannot be made due to circumstances beyond the Client’s control or if he hasbeen temporarily impeded to receive the offered service, unless the Seller has notifiedthe Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the deliveredgoods until the purchase price owed has been paid in full.
7.1 Should the object of purchase be deficient, statutory provisions shall apply.
7.2 Deviating hereof, for consumers the limitation period regarding warranty claims forused goods shall be one year from delivery of goods to the Client. The shortening of thelimitation period does not apply,- for a product, which was not used, in accordance with its usual application, for buildingconstruction and which was the cause of the building’s defectiveness,- for damages arising out of injuries to life, body or health, which result from intentionalor negligent violation of the Seller’s duties or the intentional or negligent violation ofduties by the legal representative or the vicarious agent of the user,- for other damages resulting from intentional or grossly negligent violation of theSeller’s duties or the intentional or grossly negligent violation of duties by the legalrepresentative or the vicarious agent of the user,- if the Seller has fraudulently concealed the defect.
7.3 The Client is asked to notify any obvious transport damages to the forwarding agentand to inform the Seller accordingly. Should the Client fail to comply therewith, this shallnot affect his statutory or contractual claims for defects.
8) Redemption of campaign vouchers
8.1 Vouchers which are issued by the Seller free of charge, for a specific period ofvalidity in the context of promotional activities and which cannot be purchased by theClient (hereinafter referred to as “campaign vouchers”) can only be redeemed in theSeller’s online shop and only within the indicated time period.
8.2 Individual products may be excluded from the voucher campaign, if such arestriction results from the conditions of the campaign voucher.
8.3 Campaign vouchers can only be redeemed prior to the conclusion of the orderprocedure. Subsequent offsetting is not possible.
8.4 Only one campaign voucher can be redeemed per order.
8.5 The goods value should meet at least the amount of the campaign voucher. TheSeller will not refund remaining assets.
8.6 If the value of the campaign voucher is not enough for the order, the Client maychoose one of the remaining payment methods offered by the Seller to pay thedifference.
8.7 The campaign voucher credit will not be redeemed in cash and is not subject to anyinterest.
8.8 The campaign voucher will not be redeemed, if the Client, in the context of his legalright to cancel, returns goods paid fully or partially by a campaign voucher.
8.9 Campaign vouchers are only intended for the use of the person designated on thevoucher. Transferring the campaign voucher to a third party is not permitted. The Selleris entitled but not obliged to check the entitlement of the respective voucher owner.
9) Redemption of gift vouchers
9.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referredto as “gift vouchers”) can only be redeemed in the Seller’s online shop.
9.2 Gift vouchers and remaining assets of gift voucher can be redeemed by the end ofthe third year following the year of the gift voucher purchase. Remaining assets will becredited to the Client’s voucher account.
9.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure.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 purchaseof other gift vouchers.
9.6 If the value of the gift voucher is not enough for the order, the Client may chooseone of the remaining payment methods offered by the Seller to pay the difference.
9.7 The gift voucher credit will not be redeemed in cash and is not subject to anyinterest.
10) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships betweenthe parties under exclusion of the laws governing the international purchase of movablegoods. For consumers, this choice of law only applies to the extent that the grantedprotection is not withdrawn by mandatory provisions of the law of the country, in whichthe consumer has his habitual residence.
11) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate underpublic law with its seat in the territory of the Federal Republic of Germany, the Seller’splace of business shall be the solely place of jurisdiction for all legal disputes arisingfrom this contract.. If the Client is domiciled outside the territory of the Federal Republicof Germany, the Seller’s place of business shall be the solely place of jurisdiction for alllegal disputes arising from this contract provided that the contract or claims from thecontract can be assigned to the Client’s professional or commercial activities. In anyevent however, regarding the aforementioned cases the Seller is entitled to call thecourt responsible for the domicile of the Client.
12) Information about online dispute resolution
The EU Commission provides on its website the following link to the ODR platform:http://ec.europa.eu/consumers/odr.This platform shall be a point of entry for out-of-court resolutions of disputes arisingfrom online sales and service contracts concluded between consumers and traders.