General Terms and Conditions
translated from German
1. Scope
These General Terms and Conditions (GTC) apply to all business relationships between SHOPAPLAN, hereinafter referred to as "Provider", and the users of the SHOPAPLAN website, hereinafter referred to as "Customer". The GTC apply in the version valid at the time of the order.
Definitions
1.1. Provider: SHOPAPLAN, the seller of digital house plans.
1.2. Customer: Any natural or legal person who uses the website and enters into a contract with the Provider.
1.3. Products: Digital house plans offered for sale by the Provider.
1.4. Contract: The purchase contract concluded between the Provider and the Customer.
2. Subject Matter of the Contract
The Provider offers digital house plans for purchase. These plans serve as templates and must be individually adapted to the respective building regulations and conditions. The Provider assumes no responsibility for the direct implementation of the plans without adaptation by qualified professionals.
3. Conclusion of Contract
3.1. The presentation of products on the website does not constitute a legally binding offer.
3.2. The Customer submits a binding offer by placing an order.
3.3. The contract is concluded when the Provider accepts this offer, which is confirmed via a confirmation email.
4. Prices and Payment Terms
4.1. All prices are final prices including statutory VAT.
4.2. Payment is made via the offered payment methods: credit card, PayPal, or other options listed on the website.
4.3. The purchase price is due immediately upon conclusion of the contract.
5. Delivery
5.1. Delivery is made digitally via a download link after successful payment.
5.2. The Customer is responsible for ensuring that their email address is correctly provided and that they have access to it.
6. Right of Withdrawal
6.1. There is no right of withdrawal for digital content not delivered on a physical data carrier if the execution of the contract has begun and the Customer has expressly agreed to this.
7.7. Usage Rights and Prohibition of Duplication
7.1. Upon purchase, the Customer receives a simple, non-transferable right to use the purchased plans.
7.2. Any form of duplication, reproduction, distribution, or publication of the purchased plans is expressly prohibited. This includes but is not limited to:
a) Copying or printing digital files beyond personal use.
b) Passing on the plans to third parties, whether for payment or free of charge.
c) Uploading the plans to publicly accessible platforms or websites.
d) Using the plans as a basis for one's own commercial offerings.
7.3. In case of violations, the Provider reserves the right to take legal action, including asserting claims for damages.
8. Copyright and Intellectual Property
8.1. All content on the website, including house plans offered for sale, is protected by copyright and constitutes intellectual property of the Provider.
8.2. Any use outside the narrow limits of copyright law is not permitted without express written consent from the Provider.
8.3. The Customer acknowledges that the purchased plans are protected by copyright and agrees to respect these rights.
9. Warranty and Liability
9.1. The Provider is only liable for damages resulting from intentional or grossly negligent behavior.
9.2. For slight negligence, the Provider is only liable in case of violation of essential contractual obligations.
9.3. The Provider does not guarantee that the plans are suitable for fulfilling specific customer requirements.
10. Data Protection
10.1. The Provider undertakes to protect personal data of Customers in accordance with applicable data protection laws.
10.2. Further information can be found in our Privacy Policy.
11. Copyright
11.1. All content on the website, including house plans, is protected by copyright law.
11.2. Any use outside the narrow limits of copyright law is not permitted without consent from the Provider.
12. Dispute Resolution
12.1. The Provider is neither obliged nor willing to participate in dispute resolution procedures before a consumer arbitration board.
12.2. In case of disputes, it is recommended to contact the Provider's customer service directly.
12.3. Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/odr We are neither obliged nor willing to participate in dispute resolution procedures before a consumer arbitration board.
13. Consequences of Violations
13.1. In case of violations against usage rights or duplication prohibitions, the Provider reserves the right to block access to purchased plans for the Customer.
13.2. The Provider may assert claims for damages in case of violations, which will be based on any economic damage incurred.
13.3. Repeated or serious violations may result in permanent exclusion from future purchases.
14. Final Provisions
14.1. The law of the Federal Republic of Germany applies, excluding UN sales law (CISG).
14.2. Should individual provisions of these GTC be invalid or become invalid, this shall not affect the validity of the remaining provisions.
14.3. The place of jurisdiction is [your company’s location], provided that the Customer is a merchant or has no general place of jurisdiction in Germany.
14.4. By making a purchase, the Customer confirms that they have read, understood, and accepted these GTCs, particularly regarding usage rights and duplication prohibitions.