General Terms and Conditions with Customer Information

Table of Contents

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. Liability for Defects (Warranty)

8. Liability

9. Redemption of Gift Vouchers

10. Applicable Law

11. Place of 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 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

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 enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer using 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 with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process. 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), in which case receipt of the order confirmation by the Customer is decisive, or

- by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or

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

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer 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 is deemed to be a rejection of the offer, with the result 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 and conditions 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 and selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has sent the order. The Seller does not make the contract text available beyond this. 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 may be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.

2.6 Before submitting a binding 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 of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 German and English are available for the conclusion of the contract.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided 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 to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value added tax. Any additional delivery and shipping costs 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 the transfer of funds by credit institutions (e.g. transfer fees, exchange-rate fees) or import duties and taxes (e.g. customs duties). Such costs in connection with the transfer of funds may also arise if the 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 available payment method(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 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 enabled for participation in "SOFORT", authenticate 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 "SOFORT" payment method is available to the Customer online at https://www.klarna.com/sofort/.

4.6 If 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 without deduction within 30 (thirty) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer 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 the corresponding payment restriction in its payment information in the online shop.

4.7 If 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 without deduction within 14 (fourteen) days of receipt of the invoice to BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main. Purchase on account is only available to Customers who have reached the age of 18. The purchase-on- account payment method is subject to a successful credit check by BS PAYONE GmbH. If, after the credit check, the Customer is permitted to purchase on account, payment processing is carried out in cooperation with BS PAYONE GmbH, to which the Seller assigns its payment claim. In this case, the Customer may make payment with discharging effect only to BS PAYONE GmbH. Even if purchase on account via BS PAYONE is selected, the Seller remains responsible for general Customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes. 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 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 is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in its 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 Customer data transmitted. The Seller reserves the right to refuse the Customer the "PayPal Invoice" payment method in the event of a negative check result. If the "PayPal Invoice" payment method 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, the Customer may make payment with discharging effect only to PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general Customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes. In addition, the General Terms of Use for the use of PayPal purchase on account apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.9 If credit card payment is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payment is processed 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 submits the order in the online shop. Even if credit card payment via BS PAYONE GmbH is selected, the Seller remains responsible for general Customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes.

5) Delivery and Shipping Terms

5.1 Goods are delivered 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 to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provision on return shipping costs contained in the Seller's instructions on withdrawal applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods 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 goods sold generally passes only when the goods are handed over to the Customer or to a person authorized to receive them. By way of derogation from the foregoing, even in the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods 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 had not previously named that 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 supply to the Seller itself. This applies only if the failure to supply is not attributable to the Seller and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed without delay and any consideration already paid will be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

- by post

6) Retention of Title

6.1 In relation to consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

6.2 In relation to entrepreneurs, the Seller retains title to 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, the Customer is entitled to resell goods subject to retention of title in the ordinary course of business, unless Section 6.4 provides otherwise. The Customer assigns in advance to the Seller all claims against third parties arising from such resale in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the goods subject to retention of title are 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 itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

6.4 Special Conditions for Travel Agencies and Other Distribution Partners

Goods supplied to travel agencies or other distribution partners on special terms that are discounted compared with the regular sales prices are intended exclusively for the operational purpose agreed upon when the order is placed.

The commercial resale to third parties of goods purchased on such special terms is not permitted without the Seller's prior express consent.

If the Customer intends to purchase goods for commercial resale, this requires a separate agreement with the Seller.

7) Liability for Defects (Warranty)

If the purchased item is defective, the statutory provisions on liability for defects apply. By way of derogation from this, the following applies:

7.1 If the Customer acts as an entrepreneur,

- the Seller has the choice as to 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 restart if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following applies to used goods subject to the restriction in the following paragraph: Claims for defects are excluded if the defect first occurs after one year has elapsed since delivery of the goods. Defects that occur within one year of delivery of the goods may be asserted within the statutory limitation period.

7.3 The limitations of liability and shortened limitation periods set out above do not apply

- to items that have been used for a building in accordance with their customary manner of use and have caused the building to be defective,

- to the Customer's claims for damages and reimbursement of expenses, or

- if the Seller has fraudulently concealed the defect.

7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse under Section 445b of the German Civil Code (BGB) remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is 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 stipulated there, the goods are deemed approved.

7.6 If the Customer acts as a consumer, the Customer is requested to complain to the delivery service about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on the Customer's statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal basis

- in cases of intent or gross negligence,

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

- on the basis of a guarantee promise, unless otherwise provided in this respect,

- on the basis of mandatory liability, for example under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the damage typical of the contract and foreseeable, unless unlimited liability applies pursuant to the preceding paragraph. Essential contractual obligations are obligations imposed on the Seller by the content of the contract in order to achieve the purpose of the contract, the performance of which is essential for the proper execution of the contract and on compliance with which the Customer may regularly rely.

8.3 In all other respects, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

9.2 Gift Vouchers and remaining balances on Gift Vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances are 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 to purchase goods and not to purchase additional 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 selected to pay the difference.

9.7 The balance of a Gift Voucher is neither paid out in cash nor does it bear interest.

9.8 The Gift Voucher is transferable. The Seller may discharge its obligation by making performance to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or grossly negligent lack of knowledge, of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

10) Applicable Law

All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted 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 in the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office is 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 above cases, however, the Seller is in any event entitled to bring proceedings before the court at the Customer's registered office.

12) Alternative Dispute Resolution

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

This platform serves as a point of contact 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.