Conditions
General terms and conditions of business
§ 1 Scope and Contracting Parties
1. These General Terms and Conditions (GTC) apply to all contracts concluded between you as a consumer and us as the operator of the pro planche online shop in Austria or Germany. By placing an order in our online shop, you accept the GTC in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
2. The operator of the pro planche online shop and therefore your contractual partner is:
pro planche GesbR
Rosengasse 13
A 9900 Lienz
represented by Roland Tiefnig and Armin Hofmann
Email: info@proplanche.com
3. The products and services offered in our online shop are exclusively aimed at consumers within the meaning of the Consumer Protection Act (KSchG) who have their habitual residence and a delivery address in Austria or Germany.
§ 2 Conclusion of Contract
1. The presentation of goods in our online shop does not constitute a legally binding offer on our part, but is merely a non-binding invitation to you as a consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase agreement.
2. The offer to conclude a purchase agreement originates from you as the customer, by clicking the "Buy now" button after completely filling out the order page, or by placing an order by telephone or email.
You are bound to this order for 1 week, i.e. the contract becomes legally binding if we accept your order within this period.
3. Before submitting the order, the consumer can review their information and return to the website where it is entered by clicking the "Back" button in their internet browser, correcting any errors, or cancel the order process by closing the browser.
4. After placing your order, you will receive an automated email confirming receipt of your order, but this does not yet constitute acceptance of the contract (order confirmation). We will declare acceptance of the contract by a separate email as soon as the goods have been shipped (shipping confirmation). This also applies if you have already paid or initiated payment of the purchase price before the contract is concluded due to your chosen payment method. If, in exceptional circumstances, we are unable to accept your order due to a lack of available goods, or if the contract fails to materialize for other reasons, we will, of course, refund this prepayment immediately without deductions.
5. If your order includes multiple items, the contract only applies to those items that are expressly listed in our shipping confirmation.
6. Your statutory right of withdrawal (see § 5) remains unaffected by the above provisions in any case.
7. Storage of the contract text for orders placed via our online shop: We will send you the order details by email. You can view the terms and conditions at any time at http://www.proplanche.com/agb. For security reasons, your order details are no longer accessible via the internet.
§ 3 Prices, shipping costs, payment, due date
1. The prices quoted include statutory VAT and other price components. Shipping costs may apply.
2. The consumer has the option of paying in advance, via PayPal or credit card (Visa, Mastercard, American Express).
3. For advance payment, we will inform you of the invoice amount and our bank details in the order confirmation. The invoice amount is due immediately and must be credited to our account within 5 days at the latest. The conclusion of the contract remains subject to the provisions of Section 2, Paragraph 2. For payments by credit card, your credit card will be charged when the goods have been shipped by us.
4. In case of late payment, we may charge default interest at a rate of 10% per annum or demand a late payment fee of €4.50. We are also entitled to charge you a flat fee of €25.00 to cover chargeback costs and our expenses if the amount you owe cannot be fully credited to us, particularly due to insufficient credit card funds, and is therefore reversed. The aforementioned flat fee applies only if we cannot prove a higher loss in a specific case, or you can prove a lower loss. Further statutory rights remain unaffected.
5. The goods remain our property until full payment has been received. Extraordinary dispositions such as pledging or assignment by way of security are not permitted. In the event of seizure of the goods subject to retention of title, you must inform us immediately and assist us in securing our rights, as well as reimburse us for all costs incurred in this regard, in particular those related to any objection proceedings.
§ 4 Delivery
1. The delivery times stated in the online shop or in our shipping confirmation pursuant to Section 2 Paragraph 2 are calculated from the date of our order confirmation, but in the case of payment by bank transfer, not before the invoice amount has been credited to our account. Unless a delivery time is specified by us or otherwise agreed upon, it is regularly 3-6 working days.
2. The stated delivery date is non-binding and may be postponed by us without giving reasons. If this happens, you will definitely be notified separately by email.
3. We deliver exclusively to addresses within Europe. Deliveries within Austria, Germany, and Italy are free of charge for orders over €100.00. For orders under €100.00, a shipping fee of €5.90 for Germany and Austria, and €9.90 for Italy, will be added at checkout.
1. These General Terms and Conditions (GTC) apply to all contracts concluded between you as a consumer and us as the operator of the pro planche online shop in Austria or Germany. By placing an order in our online shop, you accept the GTC in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
2. The operator of the pro planche online shop and therefore your contractual partner is:
pro planche GesbR
Rosengasse 13
A 9900 Lienz
represented by Roland Tiefnig and Armin Hofmann
Email: info@proplanche.com
3. The products and services offered in our online shop are exclusively aimed at consumers within the meaning of the Consumer Protection Act (KSchG) who have their habitual residence and a delivery address in Austria or Germany.
§ 2 Conclusion of Contract
1. The presentation of goods in our online shop does not constitute a legally binding offer on our part, but is merely a non-binding invitation to you as a consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase agreement.
2. The offer to conclude a purchase agreement originates from you as the customer, by clicking the "Buy now" button after completely filling out the order page, or by placing an order by telephone or email.
You are bound to this order for 1 week, i.e. the contract becomes legally binding if we accept your order within this period.
3. Before submitting the order, the consumer can review their information and return to the website where it is entered by clicking the "Back" button in their internet browser, correcting any errors, or cancel the order process by closing the browser.
4. After placing your order, you will receive an automated email confirming receipt of your order, but this does not yet constitute acceptance of the contract (order confirmation). We will declare acceptance of the contract by a separate email as soon as the goods have been shipped (shipping confirmation). This also applies if you have already paid or initiated payment of the purchase price before the contract is concluded due to your chosen payment method. If, in exceptional circumstances, we are unable to accept your order due to a lack of available goods, or if the contract fails to materialize for other reasons, we will, of course, refund this prepayment immediately without deductions.
5. If your order includes multiple items, the contract only applies to those items that are expressly listed in our shipping confirmation.
6. Your statutory right of withdrawal (see § 5) remains unaffected by the above provisions in any case.
7. Storage of the contract text for orders placed via our online shop: We will send you the order details by email. You can view the terms and conditions at any time at http://www.proplanche.com/agb. For security reasons, your order details are no longer accessible via the internet.
§ 3 Prices, shipping costs, payment, due date
1. The prices quoted include statutory VAT and other price components. Shipping costs may apply.
2. The consumer has the option of paying in advance, via PayPal or credit card (Visa, Mastercard, American Express).
3. For advance payment, we will inform you of the invoice amount and our bank details in the order confirmation. The invoice amount is due immediately and must be credited to our account within 5 days at the latest. The conclusion of the contract remains subject to the provisions of Section 2, Paragraph 2. For payments by credit card, your credit card will be charged when the goods have been shipped by us.
4. In case of late payment, we may charge default interest at a rate of 10% per annum or demand a late payment fee of €4.50. We are also entitled to charge you a flat fee of €25.00 to cover chargeback costs and our expenses if the amount you owe cannot be fully credited to us, particularly due to insufficient credit card funds, and is therefore reversed. The aforementioned flat fee applies only if we cannot prove a higher loss in a specific case, or you can prove a lower loss. Further statutory rights remain unaffected.
5. The goods remain our property until full payment has been received. Extraordinary dispositions such as pledging or assignment by way of security are not permitted. In the event of seizure of the goods subject to retention of title, you must inform us immediately and assist us in securing our rights, as well as reimburse us for all costs incurred in this regard, in particular those related to any objection proceedings.
§ 4 Delivery
1. The delivery times stated in the online shop or in our shipping confirmation pursuant to Section 2 Paragraph 2 are calculated from the date of our order confirmation, but in the case of payment by bank transfer, not before the invoice amount has been credited to our account. Unless a delivery time is specified by us or otherwise agreed upon, it is regularly 3-6 working days.
2. The stated delivery date is non-binding and may be postponed by us without giving reasons. If this happens, you will definitely be notified separately by email.
3. We deliver exclusively to addresses within Europe. Deliveries within Austria, Germany, and Italy are free of charge for orders over €100.00. For orders under €100.00, a shipping fee of €5.90 for Germany and Austria, and €9.90 for Italy, will be added at checkout.
For deliveries to other EU countries, we charge a flat shipping fee of €14.90.
4. In the event of a cancellation, you will bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning. The right to inspect the goods is limited to the inspection possibilities available in a store. Please note that cutting on the boards and damaging the products with cut marks exceeds this right of inspection, and you will be liable for this loss in value.
§ 5 Right of withdrawal
1. Consumers have a statutory right of withdrawal when concluding a distance selling contract, about which we inform you as follows:
CANCELLATION POLICY
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise your right of withdrawal, you must inform us
pro planche GesbR
Rosengasse 13
A 9900 Lienz
Email: info@proplanche.com
You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but this is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. If you exercise your statutory right of withdrawal for only part of the goods ordered, you will bear the return shipping costs as if you had only ordered the goods you keep. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You must return the goods without undue delay and in any event no later than fourteen days from the day on which you
pro planche GesbR
Rosengasse 13
A 9900 Lienz
to return or hand over the goods. The deadline is met if you send the goods before the end of the fourteen-day period.
§ 6 Customer's rights in case of defects, warranty
1. Your rights in the event of material defects and defects of title are governed by statutory provisions. However, we assume no liability for descriptions provided by third parties, in particular by customers in customer reviews published in our online shop.
2. Your statutory right of withdrawal (see § 5) and rights arising from any separate warranty statements issued or enclosed with the goods remain unaffected in all cases.
3. The statutory warranty regulations apply.
§ 7 Choice of law and jurisdiction
1. This contractual relationship is governed exclusively by Austrian law, excluding any uniform substantive law, in particular the UN Convention on Contracts for the International Sale of Goods. We will determine the place of jurisdiction.
§ 8 Severability Clause
1. Should one or more provisions of these terms and conditions be or become wholly or partially invalid or unenforceable, this shall not result in the invalidity of the entire contract.
2. The inadmissible or ineffective provision shall be replaced by a provision that most closely approximates the economic purpose of the inadmissible or ineffective provision.
§ 9 Vouchers
1. Promotional vouchers (value vouchers that cannot be purchased but are issued by us as part of a newsletter subscription or advertising campaign with a specific validity period) are valid only for the specified online shop, only within the specified period, and can only be redeemed once per order. To redeem, the order value must be at least equal to the stated value of the promotional voucher. They cannot be combined with other vouchers or further promotional vouchers, and cash payment or refunds are excluded unless consideration has been provided for them.
2. Transfer to third parties and publication are prohibited. If you use a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you keep if – due to your cancellation – the total value of the order falls below the respective value of the promotional voucher.
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
To:
pro planche GesbR
Rosengasse 13
A-9900 Lienz
info@proplanche.com
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Name of consumer(s)
_____________________________________________________
Address of the consumer(s)
_____________________________________________________
Signature of the consumer(s) (only for notifications on paper)
__________________
Date
__________________
(*) Delete as appropriate.
§ 5 Right of withdrawal
1. Consumers have a statutory right of withdrawal when concluding a distance selling contract, about which we inform you as follows:
CANCELLATION POLICY
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise your right of withdrawal, you must inform us
pro planche GesbR
Rosengasse 13
A 9900 Lienz
Email: info@proplanche.com
You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but this is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. If you exercise your statutory right of withdrawal for only part of the goods ordered, you will bear the return shipping costs as if you had only ordered the goods you keep. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You must return the goods without undue delay and in any event no later than fourteen days from the day on which you
pro planche GesbR
Rosengasse 13
A 9900 Lienz
to return or hand over the goods. The deadline is met if you send the goods before the end of the fourteen-day period.
In the event of a cancellation, you will bear the direct costs of the return shipment.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning. The right to inspect the goods is limited to the inspection possibilities available in a store. Please note that cutting on the boards and damaging the products with cut marks exceeds this right of inspection, and you will be liable for this loss in value.
END OF THE CANCELLATION POLICY§ 6 Customer's rights in case of defects, warranty
1. Your rights in the event of material defects and defects of title are governed by statutory provisions. However, we assume no liability for descriptions provided by third parties, in particular by customers in customer reviews published in our online shop.
2. Your statutory right of withdrawal (see § 5) and rights arising from any separate warranty statements issued or enclosed with the goods remain unaffected in all cases.
3. The statutory warranty regulations apply.
§ 7 Choice of law and jurisdiction
1. This contractual relationship is governed exclusively by Austrian law, excluding any uniform substantive law, in particular the UN Convention on Contracts for the International Sale of Goods. We will determine the place of jurisdiction.
§ 8 Severability Clause
1. Should one or more provisions of these terms and conditions be or become wholly or partially invalid or unenforceable, this shall not result in the invalidity of the entire contract.
2. The inadmissible or ineffective provision shall be replaced by a provision that most closely approximates the economic purpose of the inadmissible or ineffective provision.
§ 9 Vouchers
1. Promotional vouchers (value vouchers that cannot be purchased but are issued by us as part of a newsletter subscription or advertising campaign with a specific validity period) are valid only for the specified online shop, only within the specified period, and can only be redeemed once per order. To redeem, the order value must be at least equal to the stated value of the promotional voucher. They cannot be combined with other vouchers or further promotional vouchers, and cash payment or refunds are excluded unless consideration has been provided for them.
2. Transfer to third parties and publication are prohibited. If you use a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you keep if – due to your cancellation – the total value of the order falls below the respective value of the promotional voucher.
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
To:
pro planche GesbR
Rosengasse 13
A-9900 Lienz
info@proplanche.com
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Name of consumer(s)
_____________________________________________________
Address of the consumer(s)
_____________________________________________________
Signature of the consumer(s) (only for notifications on paper)
__________________
Date
__________________
(*) Delete as appropriate.