Terms and Conditions

§ 1 Scope, definitions

(1) SCHWARZPLAN.eu – Christopher Nonne, SCHWARZPLAN.eu, Schloßgrund 26, 96472 Rödental, Germany (hereinafter “we” or “SCHWARZPLAN.eu”) operates an online shop for goods and digital products at https://schwarzplan.eu. The following terms and conditions apply to all services between us and our customers (hereinafter “customer” or “you”) in the version valid at the time of the order, unless expressly agreed otherwise.

(2) A “consumer” within the meaning of these terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

§ 2 Conclusion of contracts, storage of the contract text

(1) The following provisions on the conclusion of contracts apply to orders placed through our online shop at https://schwarzplan.eu.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) The following applies when an order is received in our online shop: you submit a binding offer to contract by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:

• selecting the desired goods or digital products,
• adding the products by clicking the corresponding button (e.g. “Add to cart”),
• checking the details in the shopping cart,
• calling up the order overview by clicking the corresponding button (e.g. “Proceed to checkout”),
• entering and checking the address and contact details, selecting the payment method, confirming the terms and conditions and the withdrawal policy,
• where the agreed condition of the goods deviates from their usual condition and conditions of use, confirming a negative agreement as to quality,
• completing the order by pressing the “Buy now” button. This constitutes your binding order.

The contract is concluded when you receive an order confirmation from us at the e-mail address you provided within three working days.

(4) Where a contract is concluded, it is concluded with SCHWARZPLAN.eu – Christopher Nonne, SCHWARZPLAN.eu, Schloßgrund 26, 96472 Rödental, Germany.

(5) Before placing the order, the contract data can be printed using the browser’s print function or saved electronically. The order is processed and all information required in connection with the conclusion of the contract — in particular the order data, these terms and the withdrawal policy — is transmitted by e-mail after you have placed the order, in part automatically. We store the contract text and keep it available to you in your customer account under “My account”; on request we will send it to you again.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back” button). They can also be corrected by cancelling the order process, closing the browser window and starting again.

(7) The order is processed and the information required in connection with the conclusion of the contract is transmitted by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided is correct, that receipt of e-mails is technically ensured and that it is not prevented by spam filters in particular.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract in our online shop is:

• the sale of goods. The specific goods offered can be found on our product pages;
• the sale of digital products, e.g. software or media downloads. The specific digital products offered can be found on our product pages.

(2) Where a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to provide updates is not effectively excluded by contract, function-preserving updates and necessary security updates also form part of the contract.

(3) The essential characteristics of the goods and digital products can be found in the product description. Where the agreed condition of the goods deviates from their usual condition and conditions of use, this is expressly stated in the product description (negative agreement as to quality). Where the customer has given their express consent to that deviation, it defines the subject matter of the contract.

(4) The licence terms available on the website (https://schwarzplan.eu/en/licence-copyright/) additionally apply to the sale of digital products, as do the restrictions apparent from the product description or otherwise from the circumstances, in particular regarding hardware and/or software requirements of the target environment. The scope of the rights of use granted is determined exhaustively by the licence terms. These permit private and commercial use including passing the files on to parties directly involved in the project; resale and passing the files on to third parties outside the project are not permitted.

§ 4 Prices, shipping costs and delivery

(1) The prices stated in the respective offers and the shipping costs are total prices and include all price components including all applicable taxes.

(2) The purchase price is payable before delivery of the product (payment in advance), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labelled button in the online shop or in the respective offer. Unless stated otherwise for the individual payment methods, payment claims fall due immediately.

(3) In addition to the prices stated, shipping costs may be incurred for the delivery of products, unless the respective item is marked as free of shipping costs. The shipping costs are clearly communicated to you again in the offers, where applicable in the shopping cart system and in the order overview.

(4) Digital products are available for download immediately after receipt of payment. For physical prints, the delivery time stated in the product description applies.

(5) We deliver digital products worldwide; there is no restriction on the delivery area in this respect. We ship physical prints within the European Union as well as to Switzerland and the United Kingdom.

§ 5 Updates, obligations of the consumer to cooperate

(1) Where a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to provide updates is not effectively excluded, updates will be provided to the customer at regular intervals to ensure the functionality and (IT) security of the purchased item (e.g. security updates against new security threats).

(2) We are entitled to use a third party to provide the updates (e.g. the manufacturer or its supplier).

(3) The period during which updates are provided depends on the type of the purchased item and is explained in the product description.

(4) Consumers are informed about the provision of updates and about their proper installation (by e-mail).

(5) The customer is obliged to install updates provided properly, following the installation instructions.

§ 6 Right of retention, retention of title

(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 7 Right of withdrawal

As a consumer you have a right of withdrawal. This is governed by our withdrawal policy.

§ 8 Contract language

The contract languages are German and English. The language in which the contract was concluded is authoritative.

§ 8a Term of the “Access All Plans” pass

(1) The “Access All Plans” pass is purchased for a fixed term of twelve months from the conclusion of the contract.

(2) Access does not renew automatically. No subscription and no recurring payment arises; cancellation is therefore not required. After twelve months, access ends automatically.

(3) Files already downloaded may continue to be used within the scope of the licence terms after access has ended.

§ 9 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual duties and in tort is limited to intent and gross negligence.

(2) In the event of slight negligence we are liable without limitation for injury to life, body or health, or for the breach of a material contractual obligation. If we are in default of performance through slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for resulting damage to property and financial loss is limited to the damage typically foreseeable under the contract. A material contractual obligation is one whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract, and on whose observance you may regularly rely. This includes in particular our obligation to act and to render the performance owed under the contract as described in § 3.

(3) The above limitations do not apply to claims under the German Product Liability Act (Produkthaftungsgesetz), to fraudulently concealed defects, or where we have assumed a guarantee.

(4) If, when purchasing goods with digital elements or digital products (digital content and services), the customer fails to install an update that has been provided to them and of whose availability they have been informed within a reasonable period, we are not liable for a defect that is due solely to the absence of that update.

§ 10 Warranty

(1) The warranty is governed by the statutory provisions.

(2) Vis-à-vis entrepreneurs, the warranty period for goods delivered is 12 months. This does not apply to claims based on intent or gross negligence, to claims for injury to life, body or health, to fraudulently concealed defects, where a guarantee has been assumed, or to claims under the German Product Liability Act. For digital products the statutory periods apply (§ 327j German Civil Code).

(3) As a consumer you are asked to check the goods, the digital products or the service rendered for completeness, obvious defects and transport damage immediately upon performance of the contract, and to notify us and the carrier of any complaints as quickly as possible. If you do not do so, this has no effect on your statutory warranty claims.

§ 11 Final provisions / dispute resolution

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favourability).

(2) 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 the provider is the registered office of the provider.

(3) The European Commission discontinued its Online Dispute Resolution platform on 20 July 2025 (Regulation (EU) 2024/3228). We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 of the German Consumer Dispute Resolution Act, VSBG).