Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Planet Tree GmbH & Co. KG) via the planet-tree.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2) ¬†A ‚Äėconsumer‚Äô in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‚Äėbusinessman‚Äô refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of digital content (data created and provided in digital form).

(2) By placing the respective digital content on our website, we submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3)
The contract is concluded via the online shopping cart system as follows:
The digital content intended for purchase is placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering the personal data as well as the terms of payment, the order data will finally be displayed to you as an order overview.

 
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, you will be shown the order data as an order overview on the website of the instant payment system provider, or after you have been redirected back to our online shop. 
 
Before submitting the order, you have the option once more to review or change (you may also use the ‚ÄúBack‚ÄĚ button on the Internet browser) any information on the order summary page or to cancel the purchase.

By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 License of use in case of digital content

(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a license of use from the respective Licensor. The type and scope of the license of use result from the license terms stated in the respective offer.

(2) Unless otherwise stated in the respective offer, you receive a simple license of use. This includes a non-exclusive, unlimited right of use, in particular the permission to save and/or print a copy of the digital content for your personal use on your computer or other electronic device. 
 
You are not entitled to rent out the digital content that is subject of the contract or parts thereof or, , to sublicense it either for a fee or free of charge, to reproduce it publicly or make it accessible in any other way or otherwise make it available to third parties.


 
§ 4 Customised digital content

(1) You provide us with the appropriate information, texts or files required for customisation of the digital content through the online ordering system or by e-mail at the latest immediately after contract formation. Any possible specifications of ours concerning file formats must be observed.

(2) You undertake not to transmit any data the content of which infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates the existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.
 
(3) We do not check the transmitted data for correctness of content and do not assume any liability for errors in this respect.
 
(4) Insofar as specified in the respective offer, you will receive a draft correction from us, which you must check without delay. If you agree with the draft, you approve the draft for execution by countersignature in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We assume no liability for errors that are not objected to.
 
§ 5 Special agreements related to the offered payment methods

(1) Payment by SOFORT / Immediate transfer
If you choose the payment method Sofort / immediate transfer, the payment will be processed by the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). In order to use the SOFORT payment method, you are required to have an online banking account that has been activated for this purpose. In the course of the payment process as part of the order, you must legitimise yourself accordingly and confirm the payment order to SOFORT. Your bank account will be debited immediately after the order has been placed. You can find more information about SOFORT at https://www.klarna.com/sofort/.


(2) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna") we offer the following payment options. Each payment is made to Klarna:
  • Direct debit¬†("Pay Now")
  • Credit card
The use of the on account and/or in instalments and/or direct debit payment methods requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and creditworthiness checks before we can accept the purchase and issue the purchase agreement. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

For more information on Klarna and Klarna's Terms of Use for Germany, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

For more information on Klarna and Klarna's Terms of use for Germany, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
For more information on Klarna and Klarna's Terms of use for Austria, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.


§ 6 Right of retention

You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

§ 7 Warranty
 
(1) The statutory rights of liability for defects apply.
 
(2) Insofar as a feature of the digital content deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contractual parties.
 
(3) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
 
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the digital content, but not other advertising, public promotions and statements by the manufacturer.
 
b) In the event of defects, we shall, at our discretion, provide a warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the digital content or the defect or other circumstances indicate otherwise.
 
c) The warranty period is one year from delivery of the digital content. The shortening of the period shall not apply
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the digital content;
- in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with defect rights.
 
§ 8 Choice of law, place of fulfilment, jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.






II. Customer information

1. Identity of the seller

Planet Tree GmbH & Co. KG
Nicolaystr. 3
63457 Hanau
Germany
Telephone: +49618136982440
E-Mail: kontakt@planet-tree.de



Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.


2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

4. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

5. Prices and payment arrangements

5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

5.2 Since the product is downloaded, no shipping costs accrue.

5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. 

5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

6. Provision

6.1 The conditions for provision, the provision date and any existing provision restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7. Statutory warranty right

Liability for defects is governed by the ‚ÄúWarranty‚ÄĚ provisions in our General Terms and Conditions of Business (Part I).¬†

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 29.11.2022