Conditions
The PLYRS Company GmbH, Am Kletthamer Feld 10, 85435 Erding, represented by the managing director, Mr. Tim Mörtl, registered in the commercial register of the Munich District Court under HRB 290 887, VAT identification number: DE366914174
- hereinafter referred to as “ PLYRS ” -
and
the customer specified in § 2 of the contract
- hereinafter referred to as “ Customer ” -
§ 1 Scope, definitions
(1) The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between the web shop provider (hereinafter " PLYRS ") and the customer (hereinafter " customer "). Any deviating general terms and conditions of the customer will not be recognized unless PLYRS expressly agrees to their validity in writing.
(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select from the range of PLYRS products, in particular items in the shop, and collect them in a so-called shopping cart using the "Buy now" button. By clicking the " Buy now " button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the " Accept terms and conditions " button and has thereby included them in his request.
During the ordering process, the customer must enter the necessary contact details for shipping and payment. It is also possible to create a customer account and save the entered order data for future orders. The order is completed by clicking the "Buy" button. If an external payment provider is selected as the payment option, the purchase is forwarded and completed on their website. Orders that exceed quantities that are usual for private use can be rejected or canceled. The customer will receive a notification of this. The customer can correct input errors, especially items that have been mistakenly placed in the shopping cart, by entering the desired quantity in the shopping cart and using the buttons provided. During the ordering process, the customer can correct input errors in the various steps by navigating to the respective step using the "forward" and "back" buttons on the browser.
(2) PLYRS then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the " Print " function. The automatic confirmation of receipt merely documents that the customer's order has been received by PLYRS and does not constitute acceptance of the application. The contract is only concluded when PLYRS issues a declaration of acceptance, which is sent with a separate email (" order confirmation "). In this email or in a separate email, but no later than upon delivery of the goods, the contract text, consisting of the order, general terms and conditions and order confirmation, is sent to the customer by us on a permanent data medium (email or paper printout) (" contract confirmation "). The contract text is stored in compliance with data protection regulations.
(3) The contract is concluded in German.
(4) The prices valid on the day of the order apply, as they are displayed in the online shop. The prices displayed in the online shop are in euros and include VAT. When purchasing goods that are delivered in a package or otherwise by post, the following applies: The prices displayed in the online shop do not include shipping costs for packaging and postage. The shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart overview before the order.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance. If no or no different delivery time is stated for the respective goods in our online shop, it is usually 2 - 4 days.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, PLYRS will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, PLYRS will refrain from accepting the order. In this case, no contract is concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, PLYRS will also inform the customer of this immediately in the order confirmation.
(4) The following delivery restrictions apply: PLYRS only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland, Luxembourg, Lichtenstein, Belgium, Netherlands.
§ 4 Retention of title
The delivered goods remain the property of PLYRS until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the PLYRS website include the applicable statutory value added tax.
(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal. For orders valued at EUR 39 or more, PLYRS delivers to the customer free of charge within Germany.
(3) The goods will be dispatched by post. The shipping risk is borne by PLYRS if the customer is a consumer.
(4) In the event of cancellation, the customer shall bear the direct costs of returning the goods.
§ 6 Terms of payment
(1) The customer can make the payment using the payment tool offered in the PLYRS web shop (“PayPal”); payment using the payment tool is subject to the contractual and usage terms of the third-party provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, available at [https://www.paypal.com/de/webapps/mpp/paypal-safety-and-security] and [https://www.paypal.com/de/webapps/mpp/paypal-fees].
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is in default simply by missing the deadline. In this case, the customer must pay PLYRS default interest for the year in the amount of 5 percentage points above the base interest rate.
(3) The customer’s obligation to pay default interest does not exclude PLYRS from claiming further damages for default.
§ 7 Warranty for material defects, guarantee
(1) PLYRS is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). When selling used goods and to businesses, the warranty period for items delivered by PLYRS is 12 months.
(2) An additional guarantee for the goods delivered by PLYRS only exists if this was expressly stated in the order confirmation for the respective article.
§ 8 Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by PLYRS or the legal representatives or vicarious agents of PLYRS. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, PLYRS shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the legal representatives and vicarious agents of PLYRS if claims are asserted directly against them.
(4) The liability limitations arising from paragraphs 1 and 2 do not apply if PLYRS has fraudulently concealed the defect or has provided a guarantee for the quality of the item. The same applies if PLYRS and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation policy
(1) When concluding a distance selling contract, consumers generally have a statutory right of cancellation, about which PLYRS informs them below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). Paragraph (3) contains a model cancellation form.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us, The PLYRS Company GmbH, Am Kletthamer Feld 10, 85435 Erding, info@teamplyrs.com , by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling that is not necessary to check the quality, properties and functioning of the goods.
(2) The right of withdrawal does not apply to contracts
- for the delivery of goods which may spoil quickly or whose expiry date would be quickly exceeded;
- in the case of delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
- Delivery of goods which, due to their nature, have been inseparably mixed with other goods after delivery.
- There is no right of withdrawal for opened goods.
(3) PLYRS informs about the model cancellation form in accordance with the statutory provisions as follows:
Sample cancellation form
( If you want to cancel the contract, please fill out this form
and send it back .)
(*) Delete as appropriate
At
The PLYRS Company GmbH, Am Kletthamer Feld 10, 85435 Erding
Email: info@teamplyrs.de
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 if notification is on paper)
Date
§ 10 Annex Customer Account
(1) The customer can create a customer account in the online shop free of charge.
(2) When creating a customer account, the customer is asked to provide his personal data in accordance with PLYRS's privacy policy. By providing his data, the customer guarantees that it is authentic and correct. He is also obliged to keep the data up to date in the event of an order. Additional shipping costs incurred by the seller due to incorrect or incorrectly entered data will be invoiced to the customer. After the creation of the customer account has been requested by clicking on "Create", the customer receives an email.
(3) By clicking on the link contained therein, the customer confirms his identity and receives confirmation of the creation of his customer account by email.
(4) The customer is entitled to register and operate only one customer account at a time. If PLYRS becomes aware of multiple registrations, PLYRS is entitled to exclude the customer from using the web shop. Customers whose customer account has already been blocked or terminated by PLYRS in the past are not permitted to create a new customer account.
(5) Minors are excluded from the possibility of opening a customer account.
(6) The customer and PLYRS may terminate the contract for the customer account at any time with immediate effect for the future without giving reasons. PLYRS reserves the right to delete the registration of CUSTOMERS who have not provided complete or incorrect data.
§ 11 Final provisions
(1) Only the data protection provisions of the privacy policy apply.
(2) PLYRS is legally obliged to refer consumers to the European Commission's online dispute resolution platform (ODR platform), which can be reached at http://ec.europa.eu/odr. PLYRS does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.
(3) Contracts between PLYRS and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his or her habitual residence, remain unaffected.
(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and PLYRS is the registered office of PLYRS.
(5) Even if individual points are legally invalid, the contract remains binding in its remaining parts. The invalid points will be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be invalid in its entirety.