General Terms and Conditions of Business (GTC) of Plan Shop GmbH

1. Acceptance of the Terms and Conditions of Delivery

All of the offers and agreements in this shop are based solely and exclusively on the following terms and conditions. Our official address for complaints and the serving of court documents is as follows:

Plan Shop GmbH
Geierstrasse 1
D-22305 Hamburg
E-mail: info@plan-shop.org
Hamburg Local Court HR 87003
VAT ID Number: DE 226686275

Any and all transactions shall be governed solely and exclusively by the GTC of Plan Shop GmbH. Objection is hereby raised to the Customer's contrary or deviating terms and conditions of business.

2. Placement of Order: The information, pictures, photos, and drawings shown in this online shop are approximate values as usual in the trade. They are subject to suitable technical modifications and improvements which are also permissible, provided that the Customer can reasonably be expected to accept them or that he/she accepts them.

3. Delivery: Delivery times for the specific items can be seen in descriptions for each of the items. The delivery period will be extended by up to 30 days if and when unforeseeable, extraordinary events occur which the Seller, despite taking precautions reasonable for the circumstances in the specific case, is unable to prevent; this provision shall also apply if and when such events occur to the Seller's suppliers, provided that the events have substantial influence on the production or delivery of the merchandise. Such events include, but are not limited to, official intervention, operational disruptions, industrial actions, delays in the delivery of raw materials and supplies, and the rejection of a work piece. If and when a delay of this type occurs, the Customer will be notified without delay. He/she may then in every case elect to request within 30 days return of any payments which have been made. If and when performance of the delivery or service becomes impossible as a consequence of the above-mentioned events, the Seller will be released from the delivery obligation; the Customer cannot request damage compensation in such cases. In the event of default of delivery, the Customer shall set a reasonable subsequent period of no less than 2 weeks.

4. Shipping Costs: Shipping costs as described below will be charged unless otherwise specified in the description of the specific item in the online shop:

4.1. Germany: We will charge a lump sum of €5.95 per order (DPD package) for shipping and handling for deliveries made within Germany. If shipment is made COD, an additional €6.30 (COD surcharge) will be charged, provided that the service is available. The COD surcharge is a rounded-off amount and comprises €3.60 plus VAT, COD fee, and €2.00 mediation fee. We will bill a shipping surcharge per item for some especially bulky items. If a shipping cost surcharge is required for a specific item, you will find this information in the product description for that item.

4.2. EU Member States: We charge €12.95 shipping and handling per order for items shipped in EU member states. The shipping costs will be clearly shown in the shopping cart system and on the order page. We will bill a shipping surcharge per item for some especially bulky items. If a shipping cost surcharge is required for a specific item, you will find this information in the product description for that item.

4.3. Other Countries: We generally ship merchandise only within Germany and to EU member states. Contact us by e-mail or telephone if you want to ask about the possibility of delivery to other countries.

5. Conclusion of Contract: The presentation of the products in the online shop does not represent a legally binding offer; it is a non-binding online catalog. When you click on the button 'Checkout' on our Web site, you submit a binding order for the merchandise contained in the shopping cart. The confirmation of the receipt of your order and the simultaneous acceptance of the order are sent by automated e-mail immediately after the submission. The purchase contract is concluded upon dispatch of this e-mail.

6. Prices: Prices are shown including VAT and, unless otherwise agreed expressly or in the shop offer, ex shipping point and excluding shipping, packaging, and any COD charges. Prices for products which are marked as announcements of coming items are based on non-binding information from suppliers or manufacturers and may change at any time prior to the appearance of the product.

7. Terms and Conditions of Payment: Our payment information is shown below.

7.1. Payments: We expressly point out that default of payment occurs without warning pursuant to Section 286 (3) BGB (German Civil Code) if you do not submit payment within 30 days of the due date and receipt of our invoice.

7.2. Payments in Advance: The purchase price becomes due and payable upon conclusion of the contract. Payments must be made either by direct debiting or credit card (MasterCard, Visa). Other credit cards will be accepted only upon specific inquiry.

8. Shipping and Transfer of Risk: Shipment will be made within Germany subject to the shipping costs shown unless deviating agreements, e.g., free domicile, have been made. The risk transfers to the Customer – even for delivery freight paid – in corporate business transactions when the merchandise has been surrendered to the carrier or is loaded onto a Seller's vehicle. The Seller is entitled, but not obligated, to insure consignments on behalf of and for the account of the Customer. If transport damage has occurred, the Customer must without delay request an assessment of the circumstances by the responsible parties and notify the Seller. The risk does not transfer to the Customer in transactions with consumers until the merchandise has been handed over or default of acceptance has occurred.

9. Retention of Title: In the case of corporate business transactions, we reserve title of ownership to the delivered merchandise (reserved goods) until any and all claims from the business relationship with the Customer, including any claims arising in the future, whether from contract concluded at the same time or later, have been fulfilled. The Customer is entitled to sell these goods in the course of ordinary business or to use them within the framework of a contract for work and services, provided that he fulfills his obligations pursuant to the business relationship with the Seller in due time. However, he may neither pledge nor assign by way of security the reserved goods. Whenever selling further the reserved goods, he is obligated to secure the Seller's retention of title and the related rights with respect to his buyer until payment has been received in full. In the event of Customer's default of payment, the Seller is entitled to request the temporary surrender of the reserved goods at the Customer's expense without exercising a right of cancelation and without setting a subsequent period. The Customer assigns here and now as security any and all claims and rights from the further sale or other exploitation of merchandise (e.g., combination, processing) for which the Seller is entitled to ownership rights. The Seller accepts the assignment. The Customer shall notify the Seller without delay of any third-party execution measures against the reserved goods or other securities, providing the documents required for intervention; this provision also applies to impairments of any kind. With respect to consumers, we reserve title of ownership to the delivered merchandise until the purchase price has been paid in full.

10. Revocation Right

Instructions regarding revocation rights within the sense of Section 13 BGB: The revocation right does not apply to any merchandise which has been manufactured according to the Customer's specifications or has been clearly customized for the Customer's personal requirements, which due to its characteristics is not suitable for return, and to the delivery of audio or video recordings or software if and when the Customer has opened sealed data carriers.

Revocation Instructions

Revocation Right: You may revoke your declaration of contract within two weeks without giving a reason by submitting a declaration in text form (e.g., letter, fax, e-mail) or – if the merchandise has been sent to before the expiration of this period – by returning the merchandise. The period commences upon receipt of these instructions in text form, but not before the recipient's receipt of the merchandise (in cases of repeated deliveries of equivalent goods, not before receipt of the initial partial delivery) and not before fulfillment of our information obligations pursuant to Section 312c (2) BGB in conjunction with Section 1 (1), (2), and (4) BGBInfoV (Information Directive to BGB) and our obligations pursuant to Section 312e (1) Sentence 1 BGB in conjunction with Section 3 BGBInfoV. The revocation shall be deemed observed if the revocation or merchandise is dispatched in good time.

The statement of revocation is to be sent to:

Plan Shop GmbH
Geierstrasse 1
D-22305 Hamburg
E-mail: info@plan-shop.org


Consequences of Revocation: If and when an effective statement of revocation is issued, the performances received by both parties shall be returned and any accrued benefits (e.g., interest) shall be surrendered. If you are unable to return to us the received performance, in whole or in part, or can return it only in worsened condition, you may be required to pay to us value compensation to an equivalent extent. This provision does not apply in cases when the items have been surrendered to you if and when the worsening of the goods is solely and exclusively the consequence of an inspection such a would be possible in a store transaction. In other respects, you can avoid the obligation to provide value compensation for a worsening caused by the proper use of the item by not using the item as if it were your property and by desisting from any actions which would lessen its value. Items which can be sent as packages shall be returned at our risk. You are responsible for the costs of the return shipment if and when the delivered merchandise corresponds to the ordered items and if and when the price of the item being returned does not exceed the amount of €40 or, in the case of a higher price for the item, you have not yet paid the consideration or effected an contractually agreed partial payment at the point in time of the revocation. Otherwise, the return of the item is free of charge for you. Items which cannot be sent as a package will be picked up at your premises. Obligations to reimburse payments must be fulfilled within 30 days. The period commences for you upon the dispatch of your statement of revocation or of the item, for us upon their receipt.

End of the Revocation Instructions

11. Warranty: If the purchase is a trade transaction for both parties, Sections 377 and 378 HGB (German Commercial Code) apply with respect to the Customer's inspection and complaint obligations, including their legal consequences, without restriction. If legitimate complaint of defects is made, the Customer may request free subsequent improvement or substitute delivery. If and when subsequent improvement is not reasonable, or if and when the substitute delivery fails or is impossible, the Customer may at his discretion reduce the consideration or cancel the contract and/or request damage compensation, provided that the legal requirements for such action have been met. The 'Care Instructions', 'Assembly Instructions', and 'Operating Instructions' from the specific manufacturer always apply as a supplement.

12. Return: Merchandise may be returned at the Customer's expense only with the Seller's consent, unless the Customer is not a merchant and has exercised his/her right of revocation/cancelation within the revocation period. The return of custom-made products is excluded.

13. Disclaimer: The Seller is not liable in cases of breach of obligation due to slight negligence. This provision does not apply to loss or damage from the infringement of rights which are to be granted to the Customer due to the nature of the content and purpose of the contract and from the breach of obligations which must be fulfilled to enable proper performance of the contract and which the contract partner normally expects, and is entitled to expect, to be fulfilled (cardinal obligations). However, in this case the Seller's liability as well as that of his vicarious agents and management is limited to the average loss or damage which is foreseeable and typical of the contract according to the type of merchandise. The above limitations of liability do not apply to Customer's claims based on the German Product Liability Act and to claims arising from injury to the Customer's life, body, or health. The above provisions are also without prejudice for liability for warranty statements.

14. Packaging: In accordance with the regulations of the German Packaging Ordinance, we are obligated to accept return of the packaging used for our products which does not bear a symbol of one of the general disposal systems (such as the 'Green Dot' of the Duales System Deutschland AG or the 'RESY' symbol) and to ensure its reuse or proper disposal. If you have any further questions about the return of such products, please contact us:

Plan Shop GmbH
Geierstrasse 1
D-22305 Hamburg
E-mail: info@plan-shop.org
Internet: www.plan-shop-org
Hamburg Local Court HR 87003
VAT ID Number: DE 226686275

We will give you the name of a community collection point or waste disposal company near you which will accept the packaging free of charge. If this is not possible, it is possible for you to return the packaging to us at the above address. We will either reuse the packaging or dispose of it in accordance with the provisions of the Packaging Ordinance.

15. Proper Law: The following provision applies to a purchase which is a trade transaction for both parties. These terms and conditions of business and the legal relationships between Seller and Customer in their entirety are governed by the laws of Germany, excluding application of provisions regarding conflicts of law and of the UN Convention on the International Sale of Goods (CISG).

16. Jurisdiction: The following provision applies to a purchase which is a trade transaction for both parties. The Parties agree to submit to the sole and exclusive jurisdiction of the courts of Hamburg, Germany, for any and all disputes arising from the contractual relationship.

17. Severance: If a provision of these terms and conditions and of agreements subject to their application is or becomes ineffective, the validity of the contract as a whole shall not be affected.