1. Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Plant Space UG (haftungsbeschränkt) (hereinafter referred to as “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless expressly agreed otherwise.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the supply of digital content, unless otherwise expressly agreed.

1.3 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.4 These GTC shall apply mutatis mutandis to contracts for the delivery of license keys, unless otherwise expressly agreed. In this context, the Seller owes the provision of a license key for the use of the software or content described by it as well as the granting of the contractually agreed rights to use the respective software or content. The customer does not acquire any intellectual property rights to the software or content. The respective product description in the Seller’s online store shall be authoritative for the quality of the software or content.

1.5 A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. 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 his commercial or independent professional activity.

1.6 Digital content within the meaning of these GTC is all data that is not on a physical data carrier, which is produced in digital form and provided by the seller under the granting of certain rights of use regulated in more detail in these GTC.

1.7 Depending on the Seller’s product description, the subject matter of the contract may be both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter “Subscription Contract”). In the case of a subscription contract, the Seller undertakes to supply the Customer with the contractually owed goods for the duration of the agreed contract term at the contractually owed time intervals.

2. Conclusion of contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated in the online store of the seller. In doing so, 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 concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, fax, e-mail or post.

2.3 The seller can accept the offer of the customer within five days,
– by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
– by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
– by requesting payment from the customer after the customer has placed the order or by the customer triggering payment directly by placing the order on the basis of the selected payment method.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller’s online store prior to submitting his order.

2.5 Before bindingly submitting 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 magnification 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 concludes the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 The order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him 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.

2.8 In the case of an order for data carriers that are not suitable for minors (FSK or USK 18 articles), the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of full age authorized by him may receive the goods.

3. Right of revocation

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.

4. Prices and terms of payment

4.1 Unless otherwise expressly stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller’s online store.

4.4 In case of payment by means of a payment method offered by PayPal, the payment will be processed 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”), 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 of Payment without PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options in addition to the payment method specified in section 4.4. Payment shall be made to Klarna in each case:
(a) Invoice: the payment period is 14 days from the date of dispatch of the goods. You can find the invoice conditions here.
(b) Installment purchase: With the financing service of Klarna you can pay your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. For more information on the installment purchase, including the General Terms and Conditions and the European standard information for consumer credit, click here.
(c) Instant bank transfer: Your account will be debited immediately after placing the order.
(d) Direct debit: The debit will take place after the goods have been shipped. The time will be communicated to you by e-mail.
(e) Credit card (Visa/Mastercard): Available in Sweden, Germany and Austria. Debit will be made after shipment of the goods or tickets / availability of the service or in case of subscription according to the communicated times.
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. For more information and Klarna’s terms of use, click here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna’s privacy policy.

4.6 Purchase on account for corporate customers via Billie:
The Seller offers Corporate Customers to pay the invoice amount by bank transfer only after receiving the goods and the invoice (“purchase on account”). In order to make this offer to the buyer (corporate customer), the seller cooperates with the financial service provider Billie GmbH. After successful address and credit check during the ordering process and submission of the order, the seller assigns his claim to Billie GmbH. The customer must then transfer the invoice amount to the account listed on the invoice within the payment period specified on the invoice. The privacy policy of Billie GmbH can be found here: https://www.billie.io/datenschutz/kar. It applies in addition to the privacy policy and the GTC of the seller.

5. Delivery and shipping conditions

5.1 The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise expressly agreed. The delivery address specified in the Seller’s order processing shall be decisive in the processing of the transaction.

5.2 In the case of goods delivered by a forwarding agent, delivery shall be made “free curbside”, i.e. to the public curbside nearest to the delivery address, unless otherwise expressly stated in the shipping information in the Seller’s online store and unless otherwise agreed.

5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer a reasonable amount of notice. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the provision made in this regard in the seller’s cancellation policy shall apply.

5.4 Self-collection is not possible for logistical reasons.

5.5.Digital contents shall be provided to the customer exclusively in electronic form as follows:
– by download,
– by e-mail.

5.6 Vouchers are provided to the customer as follows:
– by e-mail.

5.7 License keys are provided to the customer as follows:
– by download,
– by e-mail.

6. Granting of rights of use for digital content

6.1 Unless otherwise stated in the DeepL description in the Seller’s online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the provided content for private and business purposes.

6.2 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.

7. Granting of rights of use for license keys

7.1 The license key provided shall entitle the Customer to use the software or content specified in the respective product description to the extent described therein.

7.2 The granting of rights shall only become effective when the Customer has paid the remuneration owed in full.

8. Duration and Termination of Subscription Agreements

8.1 Subscription contracts shall be concluded for a limited period of time, for the contract term indicated in the respective product description in the Seller’s online store, and shall end automatically upon expiration of the contract term.

8.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

8.3 Notice of termination shall be given in writing or in text form (e.g. by e-mail).

9. Retention of title

If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

10. Liability for defects (warranty)

10.1 If the purchased goods are defective, the provisions of the statutory liability for defects shall apply with the following exceptions:

10.2 If the customer is a consumer, the following shall apply:
In the case of used goods: Claims for defects are excluded if the defect occurs after one year from the legal transfer of risk. Defects that occur within one year from the legal transfer of risk can be claimed within the legal period of limitation. However, the reduction of the period of liability to one year shall not apply to
– for items which have been used for a building in accordance with their customary use and have caused its defectiveness,
– for claims for damages and reimbursement of expenses of the customer, as well as
– in the event that the Seller has fraudulently concealed the defect.
The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

10.3 If the customer is a merchant, the following shall apply:
Claims for subsequent performance shall become statute-barred one year after the statutory commencement of the limitation period. The same shall apply to rescission and reduction as well as damages. This period shall not apply insofar as longer periods are prescribed by law in accordance with §§ 438 para. 1 no. 2 (buildings and items for buildings), 479 para. 1 (right of recourse) and 634a para. 1 no. 2 (construction defects) of the German Civil Code (BGB) and also not in the case of intent, fraudulent concealment of the defect and non-compliance with a quality guarantee and not in the case of breach of essential contractual obligations (cardinal obligations). In such cases, the statutory limitation periods shall apply in each case. The statutory provisions on suspension of expiry, suspension and recommencement of the periods shall remain unaffected.

11. Redemption of gift vouchers

11.1 Gift certificates that can be purchased through the online store of the seller (hereinafter “gift certificates”) can only be redeemed in the online store of the seller, unless otherwise expressly stated in the gift certificate.

11.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Several gift vouchers can be redeemed for one order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

11.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

11.7 The balance of the Gift Voucher shall not be paid out in cash and shall not bear interest.

11.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

12. Applicable Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13. 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 exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be 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. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer’s place of business.

14. Alternative dispute resolution

14.1 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.

14.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

1.7 Depending on the Seller’s product description, the subject matter of the contract may be both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter “Subscription Contract”). In the case of a subscription contract, the Seller undertakes to supply the Customer with the contractually owed goods for the duration of the agreed contract term at the contractually owed time intervals.