Terms and conditions of PLANT B GmbH
for consumers (B2C)
Last revised: October 2019
1. General information
1.1. These terms and conditions (referred to hereinafter as “T&Cs”) apply to all contracts concluded via our website www.plant-b.com or our presence at Amazon (referred to hereinafter as “online store”) between us, PLANT B GmbH, Axel-Springer-Platz 3, 20355 Hamburg (German company register: Amtsgericht Hamburg, HRB 154736, managing directors: Thomas Starz, Claudia Troullier) and you as our customer.
1.2. The customer’s terms and conditions contrary to or differing from these T&Cs are binding only when we have acknowledged these in writing.
2. Conclusion of contract
2.1. The presentation and promotion of articles in our online store do not constitute a binding offer for the conclusion of a contract.
2.2. By clicking the button “Buy now” or “Order now at Amazon” and so submitting an order via the online store, you submit a legally binding order. Before finally submitting your order, you can check and, if necessary, correct the entries you have made. You can also edit your order before finally submitting it.
2.3. We or Amazon will immediately send you an e-mail confirming receipt of the order you have submitted via our online store. This e-mail does not yet contain a binding acceptance of your order. It solely documents that we have received your order.
2.4. A contract comes about when we or Amazon confirm(s) the conclusion of contract separately or ship(s) the ordered articles to you.
2.5. Only orders for the usual household quantities for private use are accepted.
2.6. We or Amazon will immediately examine your order. If the ordered goods cannot be delivered, for instance because the number of goods ordered are not in stock or the conditions under No. 2.5 above have not been met, we or Amazon will inform you immediately thereof. In this event, we refuse acceptance of the order and no contract comes about. Any payments already received we shall of course reimburse without delay.
2.7. The order process is exclusively in German.
3.1. We are entitled to perform partial deliveries when this appears reasonable to you.
3.2. The typical delivery time is about five (5) workdays, if not agreed otherwise. It commences with the conclusion of contract under No. 2.4 of these T&Cs. Orders from Amazon are subject to the delivery times specified on the Amazon website.
3.3. We deliver only to customers with shipping and billing addresses in the European Union.
4. Prices and shipping costs
4.1. All prices specified on www.plant-b.com include the statutory value added tax (sales tax), but not the shipping costs or any return deposits. The shipping costs and the return deposit are listed separately on the invoice. The shipping costs depend on the shipping address. Orders from Amazon include the return deposit in their prices.
4.2. The shipping costs are listed next to the prices in our online store or, for orders from Amazon, on the Amazon website. The invoiced total including VAT, return deposit, and any shipping costs is also presented in the ordering window before you submit the order.
4.3. If we ship your order as partial deliveries under No. 3.1 of these T&Cs, shipping costs will be charged to you only for the first partial delivery. If you specifically wish partial deliveries, we shall charge you shipping costs for each partial delivery.
4.4. If you succeed in revoking your declaration to enter into the contract, we may demand reimbursement of costs already paid for shipments to you (dispatch costs). The direct costs for returns go to your account.
4.5. If there are any custom duties or levies, these are usually billed to you directly as the purchaser by the responsible customs authorities. In the event that we are billed custom duties or levies for orders abroad, irrespectively of the reason, we are entitled to charge you these in a separate invoice.
5. Terms of payment
5.1. The invoiced total is due immediately without deductions.
5.2. You can choose to pay by credit card (Visa or MasterCard), PayPal, SEPA direct debit, Sofort transfer, or on receipt of an invoice.
5.3. You are not entitled to declare offsets against our accounts receivable or exercise the right of retention unless your counterclaims have been validated, approved, or are incontestable under the law. You are also entitled to offset against our accounts receivable or to exercise the right of retention when you notify us of defects or when you file counterclaims from the same purchase contract.
6. Reservation of ownership
6.1. The delivered goods remain our property until full payment of the purchase price including the shipping costs.
6.2. You are obliged to treat the goods with all due care until ownership has been transferred to you.
7.1. If there is a defect, the law accords you to the full extent the right to subsequent performance, withdrawal, and reduced purchase price.
7.2. The warranty period is two years following receipt of the goods. This does not affect legally binding limitation requirements.
8.1. We are liable with respect to you in all cases of contractual and non-contractual liability on the grounds of intent and gross negligence, including on the part of our representatives and vicarious agents, for damage compensation or reimbursement of wasted expenditure to the extent provided by the legal requirements.
8.2. In addition, we are also liable for simple negligence, including on the part of our representatives and vicarious agents, for damage incurred from the violation of an essential contracted obligation, i.e. an obligation whose fulfilment first renders possible the proper implementation of the contract and on which you as the customer may therefore rely at regular intervals (so-called cardinal obligation), but limited to the reimbursement of the typical, foreseeable damages.
8.3. In all other cases, we accept no liability, subject to the regulation under No. 8.4.
8.4. The above liability limitations and disclaimers do not affect our liability for damages on the ground of harm to life, body, or health and under the German product liability law ProdHaftG. Furthermore, the above liability limitations and disclaimers do not apply when we have maliciously withheld information on a defect, when we have accepted a warranty for consistency, or when we default on the agreement of a drop-dead date.
All images, videos, and copy published in our online stores are copyrighted. These images, videos, and copy may not be used for any purpose without our prior explicit consent.
10. Data protection
We process your data collected for the purpose of handling this contract, e.g. your name, postal address, e-mail address, within the constraints imposed by the General Data Protection Regulation (GDPR). Details on data processing to the extent permitted under Art. 13, 14 GDPR (EU Regulation 2016/679) can be viewed at www.plant-b.com. We maintain suitable technical and organisational measures on a level appropriate to threatening risks for the purpose of safeguarding data security, specifically the protection of personal data against accidental or unlawful access by third parties. We also maintain suitable technical and organisational measures on a level appropriate to threatening risks for the purpose of implementing effectively the data protection principles like data minimisation and data protection by design and by default.
11. Online dispute resolution
11.1 The European Commission provides a platform for online dispute resolution (ODR). This platform can be found at http://ec.europa.eu/consumers/odr. Consumers may use this platform to resolve their disputes.
11.2 We are not obliged to attend a dispute resolution procedure before a consumer arbitration board, which we shall decide on a case by case basis.
12. Final provisions
12.1. The place of performance for all deliveries is our head office in Hamburg.
12.2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
12.3. These T&Cs are complete and final. Reserved amendments and supplements to these T&Cs should be set down in writing as a measure to eliminate uncertainties or disputes on the agreed contents of the contract.
12.4. If one or more of the conditions in these T&Cs become inapplicable wholly or in part or contravene the legal regulations, this does not affect the other content of the contract, and the remaining clauses in these T&Cs remain unrestricted in their applicability.
Notice of termination
Right to terminate
You have the right to terminate this contract within fourteen (14) calendar days without specifying reasons.
The termination period of fourteen (14) calendar days commences on the day the goods are received by you or a third party that you have named and that is not the carrier.
To exercise your right to terminate, you must inform us (PLANT B GmbH, wework Hanse Forum, Axel-Springer-Platz 3, 20355 Hamburg [+49 160 7191612, email@example.com]), by means of an unambiguous declaration, e.g. a posted letter or an e-mail, of your decision to terminate this contract. You may, but are not obliged to, use the following linked specimen termination form.
To observe the termination period, it proves adequate that you send your notification to exercise the right to terminate before the termination period expires.
Consequences of termination
When you terminate this contract, we must refund to you immediately, yet no later than fourteen (14) calendar days from the day we receive your notification to terminate this contract, all payments we have received from you, including the shipping costs, but excluding any additional costs for a shipping mode you have selected other than the lowest cost shipping mode we offer. For this refund we use the same payment method you used for the original transaction unless agreed with you explicitly otherwise. Under no circumstances will you be charged fees for these refunds. We may refuse the refund until we have received the returned goods or until you have furnished evidence that you have returned the goods, whichever is earlier.
In all cases, you must return or hand over the goods to us immediately, but no later than fourteen (14) calendar days following the day you informed us of the termination of this contract. The deadline is deemed fulfilled when you send the goods before this period expires after fourteen (14) calendar days.
You bear the direct costs of the goods’ return.
You must bear the costs for any loss in the goods’ value only when this loss of value can be put down to their handling unnecessary for the purpose of testing their consistency, properties, and operability.
Although the utmost of care was exercised in translating these T&Cs into English, attention is expressly drawn to the fact that only and exclusively the German “Allgemeine Geschäftsbedingungen” are legally binding.
Terms and conditions of PLANT B GmbH
for business operators (B2B)
Last revised: October 2019
1. General information, scope
1.1. Our deliveries, services, and offers are based exclusively on these terms and conditions (referred to hereinafter as T&Cs). We do not accept any terms or conditions of the purchaser contrary to or differing from our T&Cs unless we have agreed explicitly and in writing to their applicability. Our T&Cs also apply when we deliver without reservation in full knowledge of the purchaser’s terms or conditions contrary to or differing from these T&Cs.
1.2. Our T&Cs apply specifically to contracts governing the sale and/or delivery of movable property (referred to hereinafter as “contracted products”), irrespectively of whether we manufacture the contracted goods ourselves or purchase them from suppliers (§§ 433, 651 of the German civil code BGB). If not agreed otherwise, all similar future contracts, without our explicit reference thereto in each and every case, are also subject to our T&Cs as an outline agreement in the wording applicable at the time of the purchaser’s order or, in all cases, in the wording communicated last to the purchaser.
1.3. In all cases, any separate agreements reached with the purchaser from case to case, including subsidiary agreements, supplements, and amendments, take priority over these T&Cs. Subject to evidence to the contrary, the content of such agreements must be set down in a written contract or confirmed by us in writing.
1.4. Declarations and notices of legal relevance that the purchaser must submit to us following conclusion of contract, e.g. deadlines, reminders, declaration of withdrawal, etc., must be set down in writing.
1.5. References to the applicability of legal requirements are of clarifying importance only. Even without such clarification, the legal requirements continue to apply when they have not been modified directly or ruled out explicitly in these T&Cs.
1.6 Without our prior consent issued in writing, the purchaser is not entitled to cede to third parties any claims from this contract. This does not affect § 354a of the German commercial code HGB.
2. Conclusion of contract and offers
2.1. Our offers are provided subject to confirmation, without commitment, and under the proviso of intermediate sale when they have not been declared explicitly as binding.
2.2. The purchaser’s order for contracted products is deemed a binding offer to enter into a contract. If the order entails nothing to the contrary, we are entitled to accept this offer to enter into a contract within two (2) weeks following our receipt thereof.
2.3. The materials supplied by the purchaser (details, samples, or such like) are decisive in each and every case. The purchaser is liable for the correctness of their contents, their technical feasibility, and their completeness. We are not obliged to conduct an examination of the same.
3. Delivery period and delays
3.1. If not agreed explicitly otherwise, all specified delivery times are approximate only. A delivery period does not commence until all details have been clarified for the performance and both parties agree to the terms of the order. Agreed delivery dates are rescheduled accordingly.
3.2. We are obliged to inform the purchaser immediately of any delays to our deliveries owing to force majeure, industrial action for which we are not responsible, government measures, shortage of power or raw materials, transport bottlenecks or obstructions, production downtimes as a result e.g. of fire, water, and/or machine damage, or other disruptions to our suppliers’/subcontractors’ production for which we are not responsible and which are of verifiably far-reaching effects. In such cases, we are entitled to extend the delivery time by the duration of the force majeure or disrupting incident when the customer has been informed accordingly. If the delivery becomes impossible as a result, our obligation to deliver becomes void to the exclusion of compensation claims. If the purchaser furnishes evidence that it is uninterested in subsequent fulfilment following the delay, it may withdraw from the contract to the exclusion of further claims. If the force majeure or disrupting incident persists for longer than one month, we may withdraw from the contract with respect to the unfulfilled part of our performance when we have discharged our above obligation to inform the purchaser and when we have not accepted the supply risk or a delivery warranty.
3.3. No. 3.2 applies accordingly when prior to conclusion of contract we have effected with the purchaser a congruent hedging transaction that would have enabled our correctly delivered performance to fulfil our contracted delivery obligations to the purchaser and when we have not been supplied, not been supplied correctly, and/or not been supplied to schedule by our supplier and when we are not responsible for this.
3.4. On our default, the purchaser is entitled to set down in writing an appropriate deadline and to withdraw from the contract on our failure to meet this. A subsequent deadline is inapplicable when we refuse performance flatly and in earnest or the underlying contract is for a fixed date of delivery as defined under number 2 of § 323(2) BGB or § 376 HGB or there are particular circumstances justifying immediate withdrawal following consideration to the interests of both parties.
3.5. We are liable for damage compensation only to the extent specified under No. 9 of these T&Cs. Withdrawal is subject to the legal provisions. Furthermore, this does not affect our statutory rights, specifically for an exclusion of an obligation to perform, e.g. owing to the impossibility or unfeasibility of the performance and/or subsequent performance.
4. Performance, delivery, passage of risk, default of acceptance
4.1. Deliveries are performed from stock. This is also the place of performance for the delivery and any subsequent performance. At the purchaser’s request and to its account, the contracted products are shipped to another destination (sale by description). If not set down otherwise, we are entitled to determine the shipping mode, specifically the carrier, the shipping route, and the packaging.
4.2. We are authorised to perform partial deliveries when this appears reasonable to the purchaser’s interests.
4.3. The risk of accidental loss and accidental deterioration of the contracted products passes to the purchaser at the latest on their handover. If shipping has been agreed, the risk of accidental loss and accidental deterioration of the contracted products passes to the purchaser on their handover to the carrier, haulage contractor, or other person or body appointed to perform the shipping. This also applies when we have paid the transport costs, we have disbursed these for the purchaser, or there are partial deliveries. If shipping or the passage of risk is delayed for reasons caused by the purchaser, the risk passes to the purchaser on the day the contracted products are ready for shipping and the purchaser was notified thereof.
4.4. If the purchaser defaults on acceptance or the delivery is delayed for reasons for which the purchaser is responsible, we are entitled to demand compensation for the damage incurred, including any additional expenditure. In such cases, the contracted products are placed in storage at the purchaser’s risk, and the storage is billed to the purchaser.
4.5. If the concluded contract includes an International Commercial Term (“INCOTERM”) published by the International Chamber of Commerce (ICC), the latest wording of this term applies in each and every case. These apply only when they do not oppose the provisions in these T&Cs and other reached agreements.
5. Prices and payment terms
5.1. If not agreed otherwise, our prices applying at the time of conclusion of contract apply. Our prices do not include the statutory value added tax, the legal amount of which applying on the billing date is labelled separately on the invoice.
5.2. On sale by description (No. 4.1 of the T&Cs), the purchaser bears the transport costs from stock and the costs of any transport insurance the purchaser may wish. All custom duties, fees, taxes, and other public levies are borne by the purchaser.
5.3. All deposits for disposable packaging and pallets and all transport costs, custom duties, fees, taxes, and other public levies are billed separately.
5.4. The invoiced total is due without deductions immediately on receipt of delivery and must be paid within fourteen (14) days following the billing date and invoice receipt. In the event that the purchaser has authorised us to collect accounts receivable by means of direct debiting or has instructed its account holding bank to authorise our direct debit, the purchaser must ensure that its account is covered adequately.
5.5. The purchaser defaults on expiration of the above payment deadline. During default, the purchase price accumulates interest at the legal default interest rate. We reserve the right to file claims for any further loss caused by default. This does not affect claims for interest on arrears (§ 353 HGB).
5.6. If the purchaser defaults on payment or we learn of circumstances serving to cast serious doubt on the purchaser’s creditworthiness (specifically cessation of payments, creditor arrangements, insolvency), we are entitled to retain any pending deliveries or to perform these only following advance payments or security and to withdraw from the contract following a period in compliance with the legal requirements (§ 321 BGB).
5.7. The purchaser is accorded rights to offset and retain only when its claim has been validated, approved, or is incontestable under the law. Delivery deficiencies do not affect the purchaser’s reciprocal rights from the same contract, specifically under No. 7 of these T&Cs.
6. Reservation of ownership
6.1. We reserve ownership of the sold contracted products until full payment of all present and future accounts receivable from the purchase contract and an ongoing business relationship (secured debts).
6.2. Until full payment of the secured debts, the contracted products subject to reserved ownership may not be pledged to third parties nor assigned as security. The purchaser must notify us in writing when an insolvency petition has been filed or there is third party access (e.g. attachments) to the goods belonging to us.
6.3. On breach of contract by the purchaser, specifically non-payment of the due purchase price, we are entitled to withdraw from the contract in compliance with the legal requirements and/or to demand the return of the contracted products on the grounds of reserved ownership. This demand to return goods does not necessarily imply a declaration of withdrawal. Instead, we are entitled to demand solely the return of the contracted goods and to reserve our right to withdraw. If the purchaser defaults on payment of the due purchase price, we may exercise these rights only when previously the purchaser has failed to meet an appropriate payment deadline that we have set or one such deadline is deemed superfluous under the legal requirements.
6.4. Until this authorisation is revoked, the purchaser is authorised under No. 6.4.3 as part of its normal business operations to resell and/or process the contracted products under reserved ownership. In this case, the following conditions apply with supplementary force:
6.4.1. The reservation of ownership extends to the full value of the goods arising from the processing, mixing, or joining of our contracted products. We must then be seen as the manufacturer of these goods. If a third party maintains its reservation of ownership on its processed, mixed, or joined goods, we acquire co-ownership in the ratio of the billed totals for the processed, mixed, or joined contracted products. In all other cases, the goods thus arising are subject to the same as the contracted goods delivered under reservation of ownership.
6.4.2. The purchaser now assigns to us as security to the full amount or the amount corresponding to our co-ownership as defined in the above paragraph the accounts receivable from third parties yielded by the resale of the contracted products or the arising goods. We accept the assignment. The purchaser’s obligations under No. 6.2 also apply with respect to the assigned accounts receivable.
6.4.3. Until revocation, we authorise the purchaser to collect jointly the assigned accounts receivable. We are obliged not to collect the accounts receivable when the purchaser meets its payment obligations to us, does not default on payment, has not filed an insolvency petition with respect to its assets, and we do not exercise our right to reservation of ownership under No. 6.3. Should this be the case, the customer’s direct debit authorisation becomes void. Furthermore, we may demand that the purchaser discloses the assigned accounts receivable and their debtors, provide all details needed for the direct debit, to hand over the corresponding documents, and to notify the (third party) debtors of the assignment. Moreover, we are in this event entitled to revoke the purchaser’s authorisation to resell and process the contracted products under reserved ownership.
6.4.4. If the realisable value of the securities exceeds our accounts receivable by more than 10%, we shall release our choice of securities at the purchaser’s request.
7. Warranty and defect rights
7.1. If not defined otherwise in the following, the purchaser’s rights with respect to material and legal defects, including wrong and inadequate delivery, are subject to the legal provisions.
7.2. Under no circumstances does a final delivery of the contracted products to a consumer (consumer goods purchase as defined under § 474 BGB) affect the special legal requirements under §§ 445a, 445b, 478(1) BGB. In all other cases, the special requirements for supplier recourse are inapplicable.
7.3. Liability for defects is based above all on the agreement reached concerning the consistency of the contracted products. Applying as an agreement concerning the consistency of the contracted goods are all product descriptions and manufacturer specifications that form the subject matter of each and every contract and that we have published, specifically in catalogues or on our website, at the time the contract was concluded.
7.4. If this consistency has not been agreed, the legal regulations must be consulted as to whether there is a defect (sentences 2, 3 of § 434(I) BGB). We do not accept any liability for public statements made by third parties (e.g. advertisements) that the purchaser has referred to as not affecting its decision to purchase.
7.5. The purchaser’s warranty rights require that the purchaser has discharged properly its due obligations to conduct examinations and report defects under § 377 HGB. If we and the purchaser have concluded a works contract, this contract is subject analogously to § 377 HGB.
7.6. If a delivered product is defective, we are entitled as we choose either to remedy the defect or deliver to the purchaser defect-free products.
7.7. We are entitled to render our due subsequent performance dependent on whether the purchaser pays the due purchase price. The purchaser is, however, entitled to retain part of the purchase price appropriate to the extent of the defect.
7.8. The purchaser must grant us the time and opportunity needed for the due subsequent performance, specifically for handing over the defective contracted products for testing purposes.
7.9. The costs incurred by testing and subsequent performance, in particular the transport, travelling, labour, and material expenses, we bear or reimburse to the extent regulated by law when there is, in fact, a defect. Otherwise, we may demand from the purchaser reimbursement of the costs incurred by the unjustified defect remedy, specifically the testing and transport costs, unless the absent defect was not recognisable to the purchaser.
7.10. On failure of subsequent performance or an appropriate subsequent performance deadline set by the purchaser, or when this deadline is deemed superfluous under the legal requirements, the purchaser may withdraw from the purchase contract or reduce the purchase price. This right to withdraw, however, does not apply to a negligible defect.
7.11. Also, the purchaser’s claims for damage compensation or reimbursement of wasted expenditure on the grounds of defects exist only to the extent under No. 9 of these T&Cs and are excluded in all other cases.
8. Official complaints
In the event of an official complaint about the products or one of the products we deliver, the customer is obliged to notify us immediately thereof and to ensure the collection of a second sample from the same lot, which is to be officially sealed and secured as a reference for us.
9. Other liability
9.1. If these T&Cs, including the following conditions, do not yield otherwise, we are liable for the violation of contracted and non-contracted obligations under the legal requirements.
9.2. Subject to the regulation under No. 9.3, we are liable for damage compensation, irrespectively of the legal basis, only on the grounds of intent and/or gross negligence, including on the part of our representatives and vicarious agents. In addition, we are also liable for simple negligence, including on the part of our representatives and vicarious agents, for damage incurred from the violation of an essential contracted obligation, i.e. an obligation whose fulfilment first renders possible the proper implementation of the contract and on which the contracted partner may therefore rely at regular intervals (cardinal obligation). If we are not accused of intentional breach of obligation, our liability for damage compensation is limited to the typical, foreseeable extent.
9.3. The above liability disclaimers and limitations do not affect claims for damages on the grounds of harm to life, body, and health or the purchaser’s claims under the German product liability law ProdHaftG, the special legal requirements for final deliveries of contracted products to a consumer, and other binding legal liability regulations. Furthermore, the above liability disclaimers and limitations do not apply when we have maliciously withheld information on a defect or when we are liable from the acceptance of a warranty or the supply risk.
9.4. Nos. 9.2 and 9.3 also apply when the purchaser, in lieu of compensation for damage, claims reimbursement of wasted expenditure instead of performance.
9.5. If our liability for damage compensation is ruled out or limited, this also applies with respect to the personal liability for damage compensation of our employees, workers, representatives, and vicarious agents on the same legal basis.
9.6. On the grounds of a breach of obligation that does not arise from a defect the purchaser may withdraw or terminate when we are responsible for this breach. The purchaser does not have free right of termination. In all other cases, the legal requirements and legal consequences apply.
10. Limitation period
10.1. The mutual claims of the contracted parties fall under the statute of limitations when not defined otherwise in the following.
10.2. The purchaser’s claims on the grounds of material and legal defects is subject to a limitation period of one year following performance. If an acceptance has been agreed, the limitation period commences with the acceptance.
10.3. This does not affect binding limitation requirements. The reduced limitation period under No. 10.2 does not apply to claims on the grounds of harm to life, body, or health, to claims on the grounds of intent and/or gross negligence, nor to claims on the grounds of an accepted warranty or supply risk. This also does not affect the longer limitation periods under number 1 of § 438(1) BGB (third parties’ rights in rem), number 2 of § 438(1), § 438(3) BGB (malice). If the last contract in the supply stream is for a consumer goods purchase as defined under § 474 BGB, i.e. for the final delivery of the contracted products to a consumer, this does not affect the limitation periods under § 445b BGB either.
10.4. The limitation periods under Nos. 10.2 and 10.3 for claims on the grounds of material and legal defects apply analogously to the purchaser’s competing contractual and non-contractual claims for damage compensation on the grounds of a defect in the contracted products. If, however, the application of the statutory limitation regulations should lead to an earlier limitation for competing claims in individual cases, the statutory limitation period applies to the competing claims. In all cases, this does not affect the statutory limitation periods under the ProdHaftG.
10.5. If Nos. 10.2 and 10.4 serve to shorten the limitation period for claims filed against us, this shortening applies analogously to all and any of the purchaser’s claims filed against our legal representatives, employees, workers, authorised agents, and vicarious agents on the same legal basis.
11. Extraordinary termination
We are entitled to give extraordinary notice for cause for individual or all contracts from our business relationship with the purchaser, specifically when following conclusion of contract there is an appreciable deterioration in the purchaser’s economic circumstances serving to justify a potential risk to the proper fulfilment of the purchaser’s obligations to us. This is the case particularly when there is persistent attachments or compulsory execution measures on the purchaser’s property.
12. Data protection
12.1. Your personal data are processed exclusively within the constraints imposed by the European Union’s (EU) General Data Protection Regulation (GDPR). We process the personal data the purchaser transfers to us for the purpose of handling the affected and future orders, and store these data in our EDP system. Personal data are used for other purposes only when the data subject has consented to other uses or there is legal consent to other uses.
12.2. When transferring personal data to us, the purchaser is obliged under Art. 14 GDPR (EU Regulation 2016/679) to inform the data subjects in good time that their data are being processed by us. It is not our responsibility to inform these data subjects. On request, we provide to the purchaser the details needed to fulfil the obligation to inform in the previous sentence.
12.3. Personal data are transferred within PLANT B GMBH to external service providers commissioned to process order data, e.g. for billing purposes at external data centres, and for the purpose of maintaining the proper course of business. If this is necessary to protect the justified interests of PLANT B GMBH, PLANT B GMBH transfers data to collecting agencies.
13. Severability clause, choice of law, and jurisdiction
13.1. These T&Cs and the contractual relationship between us and the purchaser are subject to the laws of the Federal Republic of Germany to the exclusion of uniform international law, specifically CISG.
13.2. If the purchaser is a merchant as defined in the HGB, a legal person under public law, or a public law special fund, the exclusive, including international, place of jurisdiction for all disputes arising from the contractual relationship is Hamburg. This applies analogously when the purchaser is a contractor as defined under § 14 BGB. This does not affect overriding legal requirements, specifically for exclusive purviews.
13.3. If any one or more of the conditions herein become inapplicable, this does not affect the applicability of the other conditions. Inapplicable conditions must be replaced with those that best approximate the economic effects of the purpose pursued by the inapplicable condition.
Although the utmost of care was exercised in translating these T&Cs into English, attention is expressly drawn to the fact that only and exclusively the German “Allgemeine Geschäftsbedingungen” are legally binding.