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Terms and Conditions
1. Internet Shop
PLATIQUE operates the platique.com website with the PLATIQUE shop. In order to use this website and see upcoming sales promotions (“User”), it is not necessary to become a member. Membership requires the user to register (§ 3). If registered for the newsletter, the user will receive personal information on upcoming sales campaigns by email, if the sending of this information has been approved by email. The prices stated on the website are final prices including VAT. Shipping costs and processing fees are shown separately in the course of the ordering process.
2. Validity of the terms and conditions
2.1 By agreeing to the registration, the user declares that they agree to the validity of these general terms and conditions (hereinafter referred to as “GTC”). These terms and conditions define the conditions under which the services of PLATIQUE can be used. The terms and conditions can be called up at any time via the link “terms and conditions” on the PLATIQUE website and can be saved and printed out.
2.3 General terms and conditions of users, members and partners do not apply to direct business dealings with PLATIQUE even if PLATIQUE does not expressly contradict them and / or provides services without contradiction. This also applies if the user, member or partner has stipulated a special form for the objection to conflicting conditions. Divergent terms and conditions are only applied if this has been expressly confirmed in writing by PLATIQUE in advance.
2.4 The contract language is German.
3. Registration, termination and limitation of membership
3.1 Registration with PLATIQUE is free of charge. With the registration the user becomes a member. Registration and membership do not incur any costs or purchase obligations. There is no legal entitlement to the conclusion of a contract by registering and acquiring membership.
3.2 The data requested during registration and in the further course of membership must be given completely and correctly, in particular a functioning e-mail address is a prerequisite for membership. If the data stored at PLATIQUE change, the member is obliged to update this in his account immediately.
3.3 It is only allowed to register once as a member of PLATIQUE. The simultaneous registration of several member accounts is not allowed. Circumventing this regulation is not permitted and can lead to the termination of membership by PLATIQUE.
3.4 Members are obliged to keep their password secret and to carefully secure access to their member account. Members are obliged to inform PLATIQUE immediately if there are indications that a member account has been or could be misused by a third party.
3.5 Members can terminate their PLATIQUE membership at any time free of charge with immediate effect. A notification by email to customer service is sufficient for the notice of termination.
3.6 PLATIQUE can properly terminate membership at any time with 14 days’ notice.
3.7 PLATIQUE can block, restrict or terminate a membership without observing this deadline if there are concrete indications that the member is violating statutory provisions, third-party rights, these terms and conditions or the shop terms. When choosing the measure, PLATIQUE takes into account the legitimate interests of the member concerned, in particular whether there are indications that the member was not responsible for the violation.
4. Conclusion of contract and retention of title
The presentation of the products and the presentation of goods on the PLATIQUE website as part of the sales campaigns does not constitute a legally binding offer, but merely an invitation to private customers to order. There is no legal claim to the availability and delivery of the products presented. The sales campaigns are only aimed at consumers within the meaning of § 13 BGB, i.e. every natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity. Only normal household quantities may be ordered. PLATIQUE reserves the right to make orders from sales promotions dependent on the fulfillment of certain individual requirements. In order to order a product shown at PLATIQUE, the following steps must be carried out: An article is placed in the shopping cart. In the next step, all necessary information about the billing address and delivery address is entered. During this step, we ask for your active consent to the general terms and conditions, the data protection provisions and the cancellation policy. The desired payment method is then specified. Finally, the order can be checked again and completed using the “Buy now” button. By submitting this online order, PLATIQUE is offered to conclude a legally binding contract. By clicking the “Place order” button, a binding order for the goods in the shopping cart is placed and confirms that the user is entitled to place the order, i.e. for minors with the consent of their legal representative. Immediately after receipt of the order, the customer receives an automated e-mail in which the receipt of the offer is confirmed and the contract is thus concluded. All goods remain the property of PLATIQUE until the purchase price has been paid in full and all claims associated with the purchase have been made. The customer is not entitled to dispose of the goods prior to the transfer of ownership. If third parties assert rights to the goods, PLATIQUE must be informed immediately. If PLATIQUE determines before the conclusion of the contract that the ordered product is not available, the customer will be informed immediately and payments already received will be reimbursed immediately. If PLATIQUE determines after the conclusion of the contract that the ordered product is contrary to expectations as a result of the late or incorrect delivery (including the delivery of small quantities) by our sub-suppliers, for which PLATIQUE is not responsible and despite a delivery contract we have concluded with the supplier about the If the ordered goods are not available, we reserve the right to withdraw from the contract. In such a case, PLATIQUE will immediately inform the customer about the unavailability of the ordered product and immediately reimburse payments received. PLATIQUE is entitled to reject offers without giving reasons. In particular, PLATIQUE reserves the right to reject an offer if the shipping address is outside Germany or Austria, there are indications that the customer is not a consumer, an order exceeds the normal household quantity or a payment upon request with a deadline not happened.
5. Use of PLATIQUE
5.1
PLATIQUE only offers the services within the framework of the recognized rules of technology. PLATIQUE can restrict the services if this is necessary with regard to capacity limits, the security or integrity of the server or to carry out technical measures and this serves the proper or improved provision of the services (maintenance work). For technical reasons in particular, it may temporarily not be possible or only to a limited extent to call up the services (unforeseen system failures).
5.2 It is forbidden to use the services in a manner that violates legal regulations, the rights of third parties or is contrary to common decency. It is also forbidden to use the services in a way that is abusive or likely to impair the good reputation of PLATIQUE. In particular, it is forbidden to use the services for the following purposes. No anti-competitive acts may be undertaken and / or promoted, including progressive solicitation (such as chain, pyramid or pyramid schemes). It is forbidden to use pornographic content or content that violates youth protection laws, or to advertise, offer or distribute pornographic or youth protection laws. Our services and / or services may not be used for purposes other than those intended by using “robot”, “spider” or “offline reader” or other malware. It is forbidden to upload content to our services that is protected by copyright, unless the user has the rights to it or the necessary consents. Furthermore, PLATIQUE should not be used in a way that adversely affects the availability of our services for other users. The dissemination of offensive, racist or otherwise illegal content or information, including offensive or defamatory content, via our services is prohibited, regardless of whether this content relates to other users, employees of the operator or other persons or companies. Furthermore, no photos with defamatory, offensive, racist or otherwise illegal or immoral content are to be used. It is forbidden to send chain letters, to intercept messages or to try to intercept them, to advertise shopping clubs, to send messages that serve a commercial purpose, and to use our services to threaten or unreasonably harass other people ( especially through spam) or violating the rights (including personal rights) of third parties. Furthermore, no temporary e-mail addresses may be used by so-called 10-minute mail services and names, addresses, telephone or fax numbers, e-mail addresses, user names or other contact details from messenger services may be published. 5.3 PLATIQUE has checked and posted its own content on the PLATIQUE website to the best of its knowledge and belief. In principle, PLATIQUE does not check the content that third parties publish on the PLATIQUE website. PLATIQUE also does not check third-party websites that can be accessed on the basis of a link on the PLATIQUE website, so that no responsibility is assumed for the form, correctness, appropriateness and quality of the corresponding content. PLATIQUE will remove or suppress content posted by third parties or omit links if PLATIQUE determines that the content posted or the external websites violate applicable law or these terms and conditions.
6. Conditions for competitions, raffles or promotions
The following conditions apply to the competitions, raffles or other campaigns organized by PLATIQUE (hereinafter referred to as “promotion”). Winners or beneficiaries will be determined from all persons who took part in the promotion and who met the requirements set by PLATIQUE. PLATIQUE will notify winners or beneficiaries of the prize or beneficiary via email to the email address provided when registering. If the email contains the information that the winner or beneficiary has to contact PLATIQUE within a certain period of time in order to accept the prize, the prize will expire at the end of the period if the winner has not reported accordingly. The prizes or benefits offered in the promotions can neither be exchanged nor can a cash payment be made. The participants in a promotion agree that if they win, they may be named on the PLATIQUE website and in other PLATIQUE services as well as in press releases. PLATIQUE can exclude participants from a promotion if they manipulate the competition or promotion mechanisms with unfair means or in violation of these terms and conditions. PLATIQUE can, at its own discretion, punish such manipulations with exclusion. PLATIQUE reserves the right to cancel promotions or to extend them beyond the original period.
7. Invite friends, product and sales promotion recommendations
7.1 Members can invite other friends to PLATIQUE on the PLATIQUE website. Members also have the option of recommending sales promotions or individual products to third parties by email. 7.2 Members undertake to send newsletters, sales campaigns and product recommendations only to the e-mail addresses of existing, living, natural persons who have previously expressed an interest in the member and who have given their express consent to the corresponding e-mail being sent. In the event of a dispute, a corresponding written declaration must be submitted.
8. Promotion vouchers / credits
The following conditions apply to PLATIQUE promotion vouchers (and, analogously, PLATIQUE credit). PLATIQUE vouchers for goods can be redeemed for all products listed on the PLATIQUE website, unless the redemption of PLATIQUE vouchers is excluded on the campaign overview or product overview page or it is an action in which the order is placed via the Website of a third party takes place; this is expressly indicated in each case. The purchase price of the products ordered must be at least equal to the value of the voucher, unless otherwise stated when the voucher was issued. PLATIQUE vouchers for shipping costs can be redeemed for the flat rate shipping costs that apply to orders on the PLATIQUE website, unless the redemption of PLATIQUE vouchers is excluded accordingly on the campaign overview or product overview page, or it is an action where the order is placed through a third party website. PLATIQUE vouchers will be based on codes given to you personally; Codes usually expire after a single use. Period of validity, minimum order value, if applicable, or other conditions are determined by PLATIQUE and announced in the relevant promotion; In this case, the minimum order value refers to the purchase price including VAT and shipping costs are not taken into account. Only one PLATIQUE voucher can be redeemed per order; several PLATIQUE vouchers cannot be combined with one another. If the purchase of an item for which a PLATIQUE voucher was used is canceled, the voucher amount will not be refunded and the voucher cannot be used again; This does not apply if the PLATIQUE voucher was purchased directly from PLATIQUE against payment of a sum of money. No PLATIQUE voucher can be purchased with a PLATIQUE voucher that was not obtained directly from PLATIQUE against payment of a sum of money. There is no cash payment or interest on the PLATIQUE voucher. PLATIQUE vouchers are issued to a member personally and cannot be transferred to third parties; If PLATIQUE learns of the transfer of a voucher, PLATIQUE reserves the right to declare the voucher invalid. If PLATIQUE indicates that the voucher is only valid for new customers, it is necessary for the issue of the voucher that a person registers as a member of PLATIQUE for the first time. With the exception of the loss of the voucher for which PLATIQUE is responsible, PLATIQUE assumes no liability for the loss or theft of the voucher; Replacement vouchers will only be issued if PLATIQUE is liable for the loss of the voucher. Further conditions or restrictions for the redemption of promotional vouchers can be specified in the shop regulations or when the voucher is issued.
9. Warranty and liability for damages
9.1 The warranty is basically based on the statutory provisions of the Federal Republic of Germany. In the event of a defect in the goods, the statutory options for subsequent improvement (e.g. delivery of defect-free goods), withdrawal and price reduction apply. 9.2 PLATIQUE’s liability for damages towards consumers is limited. Regardless of the type of damage, liability for damages is excluded, unless otherwise stipulated below. PLATIQUE is solely liable in accordance with the statutory provisions if claims for damages are asserted that are based on willful intent or gross negligence, including willful intent or gross negligence on the part of our representatives or vicarious agents. PLATIQUE is solely liable in accordance with the statutory provisions if PLATIQUE culpably violates an essential contractual obligation. An essential contractual obligation in this sense is one, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely. In addition, PLATIQUE is solely liable in accordance with the statutory provisions in the event of culpable harm to life, body or health; this also applies to mandatory liability under the Product Liability Act. 9.3 The same restrictions on liability for damages apply to companies that, contrary to Section 4, directly or indirectly participate in sales promotions as to consumers, with the further restriction that the liability for damages is limited to the foreseeable, contract-typical damage, unless there is liability due to willful action or due to injury to life, body or health. 9.4 The aforementioned exclusions of liability and restrictions vis-à-vis companies or consumers do not apply in the event that PLATIQUE accepts express guarantees.
10. Exemption
The user releases PLATIQUE from all claims by third parties that they assert against PLATIQUE due to violation of their rights or violations of these terms and conditions, shop regulations or laws when using PLATIQUE. The user assumes the costs of the necessary legal defense including all court and lawyer costs in the amount incurred. This does not apply if the violation of the rights of third parties or the violation of these terms and conditions, the shop regulations or the law is not the responsibility of the user. In the event of a claim by third parties, the user is obliged to immediately, truthfully and completely provide PLATIQUE with all information that may be necessary for the examination of the claims and a defense. Delays in the provision of information are at the expense of the user.
11. Copyright and Usage Rights
The contents of PLATIQUE are protected by database law, copyright and trademark law. This content may not be copied or distributed, nor used or reproduced in any other way, without the prior consent of the respective rights holder. This also applies in particular to copying with the help of robots, crawlers or other automatic mechanisms. Any improper use, exploitation or modification of the services is not permitted. In particular, copying or reading out content, offers, directories, databases etc. for commercial purposes is prohibited and will be prosecuted under criminal and civil law within the framework of the existing legal possibilities.
12. Final provisions
12.1 Should individual provisions of these terms and conditions be wholly or partially ineffective or contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In such a case, the parties undertake to enter into negotiations with the aim of replacing the ineffective or incomplete provisions with provisions that come as close as possible to the originally intended provisions while safeguarding the interests of both parties. 12.2 The law of the Federal Republic of Germany applies exclusively to the exclusion of the UN Sales Convention and references back to foreign law. For consumers, mandatory provisions of the state in which they have their habitual residence remain unaffected. 12.3 If the user is a merchant, legal entity under public law or special fund under public law, or if the user does not have a general place of jurisdiction in Germany or in another EU member state, the place of jurisdiction for all disputes arising from this contractual relationship is Berlin. 12.4 With the exception of the shop regulations, no ancillary agreements have been made and must be in writing to be effective.