Terms and Conditions

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Plennova GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby objected to, unless other terms have been agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding 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 to submit a binding offer by the customer.

2.2 The customer can 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 going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The seller can 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by requesting the customer to pay after placing the order. If several of the aforementioned alternatives exist, the contract is concluded at the point in 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 at the end 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 a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, 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 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 PayPal payment method that can be selected during 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 saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6 Before the binding submission of 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 Several languages are available for the conclusion of the contract. The specific language selection is shown in the online shop.

2.8 Order processing and contact are generally carried out via e-mail and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails 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 cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment option(s) are communicated to the customer in the seller's online shop.

4.3 If you select a payment method offered via the "mollie" payment service, payment is processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands. The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. To process payments, mollie may use other payment services for which special payment conditions may apply, to which the customer may be referred separately. Further information about "mollie" can be found on the Internet at https://www.mollie.com/de/.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery is made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

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. This does not apply to the costs of delivery if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises his right of withdrawal, the provision made in the seller's cancellation policy 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 item to the freight forwarder, the freight carrier or the person or institution otherwise 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 only passes when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the freight carrier or the person or institution otherwise 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-delivery. This only applies in the event that the non-delivery is not the seller's responsibility and that the seller has concluded a specific covering transaction with the supplier with due care. 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 immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the customer acts as an entrepreneur, the seller has the choice of the type of supplementary performance; for new goods, the limitation period for defects is one year from delivery of the goods; for used goods, rights and claims for defects are excluded; the limitation period does not start again if a replacement delivery is made as part of the liability for defects.

7.2 The above-mentioned limitations of liability and shortening of deadlines do not apply to claims for damages and reimbursement of expenses by the customer, in the event that the seller fraudulently concealed the defect, for goods that have been used in accordance with their normal use for a building and have caused its defectiveness, for any existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and report complaints in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to be approved.

7.5 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

9) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of 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 has his registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's registered office.

10) Code of conduct

The seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed on the Internet at https://support.google.com/merchants/topic/7105962.

The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

11) Alternative dispute resolution

11.1 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 contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2 The seller is not obliged to take part in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.