Terms of service

1. Parties and scope

These Terms of Service apply to purchases made in the online shop at platten.haus. The seller is Felix Taylor, trading as Platten Haus, Ohlauer Straße 18, 10999 Berlin, Germany, info@platten.haus, +49 1577 3667956 ("Platten Haus", "we", "us").

Commissions and design services are agreed under a separate written engagement (Terms of Service and Design Brief) and are not governed by these Terms.

These Terms apply to consumers and to business customers. A consumer is a natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). A business customer is a person acting in the exercise of a trade, business or profession (§ 14 BGB). Section 12 applies to business customers only. Nothing in these Terms limits a right that the law grants to consumers and that cannot be waived.

2. Ordering and contract formation

Products shown in the shop are an invitation to order, not a binding offer. You place a binding order by completing checkout and selecting the order button. Before placing the order you can review and correct your entries in the checkout.

We confirm receipt of your order by an automatic email. This email records your order; it is not our acceptance. The contract is concluded when we confirm acceptance of your order by a separate email or dispatch the goods, whichever occurs first. We may decline an order before acceptance without giving reasons, for example where a product is unavailable or an order is placed for a delivery address outside the European Union. Any payment already made for a declined order is refunded without undue delay using the same means of payment.

Where a price or product description contains an obvious error, for example a misplaced decimal point or a missing product component, we may correct it before acceptance and tell you. You may then confirm the order at the corrected price or description, or cancel it and receive a full refund.

The contract language is English. We store the text of the contract and send you the order details by email. These Terms are available on the website at any time.

3. Made-to-order products

Home PC, Banister Bed and Star Trestles are made to order and are not held in stock. Production starts only after your order and payment have been received. Where you choose dimensions, a configuration, a material or a finish, the product is made on the basis of your individual choices and is not prefabricated. In that case the statutory right of withdrawal does not apply (§ 312g Abs. 2 Nr. 1 BGB). Where this applies to your order, we state it in writing before you order; the exclusion is explained in the Refund policy.

Before starting production we may ask you to confirm the specification in writing. Production starts on the working day after we receive that confirmation, or after payment where no confirmation is requested. The lead time stated on the product page is our expected period, not a fixed date; we tell you if it changes.

A change you request after production has started is carried out only where it is still feasible and at your cost, including material already committed and work already carried out. We confirm the cost and any change to the lead time in writing before proceeding.

4. Prices, payment and retention of title

We sell to delivery addresses within the European Union only. Prices are stated in euro and include VAT. Shipping costs are stated in the Shipping policy and are shown at checkout before you place the order.

Payment is made in full at checkout using the payment methods offered there. Where a payment is nevertheless outstanding, statutory default interest applies (§ 288 BGB).

The goods remain our property until the price has been paid in full.

5. Delivery

Stock items are dispatched within 5 working days of the order. Delivery within the European Union takes 2 to 7 working days from dispatch. Made-to-order products are dispatched at the end of the lead time stated on the product page or agreed with you in writing. Delivery periods are our expected periods and are binding only where we expressly agree a period as binding in writing.

Where an order contains several items, we may deliver in parts where this is reasonable for you. A partial delivery does not increase your shipping cost.

Goods are delivered to the address given at checkout. Please check that the address is complete and correct. Where a delivery fails or is returned to us because the address you gave was incomplete or incorrect, because delivery was refused, or because a parcel was not collected within the carrier's holding period, you bear the resulting return and redelivery costs. This does not apply where you have validly withdrawn from the contract.

Large items, in particular Banister Bed and Star Trestles, are delivered to the kerbside or to the building entrance. Carrying into the building, up stairs or into a room is not included. You arrange access and any helpers needed. Where a delivery appointment agreed with you cannot be kept for a reason within your control, we may charge the resulting cost at the amount charged to us by the carrier.

Where delivery is prevented or delayed by an event outside our reasonable control, including a supplier or carrier failure that we could not foresee and are not responsible for, the delivery period is extended by the duration of the event. We tell you without undue delay. If the event lasts longer than six weeks, either party may withdraw from the contract in respect of the goods not yet delivered; payments already made for those goods are refunded and no damages are payable for the delay. Your statutory rights in the event of non-delivery are not affected.

For consumers, the risk of accidental loss or damage passes to you on delivery of the goods to you or to a person you have named to receive them. For business customers, the risk passes on handover of the goods to the carrier.

If a consignment arrives with visible damage to the packaging or contents, we ask you to note the damage with the carrier on delivery and to inform us within a few days at info@platten.haus with photographs of the packaging and the goods. This helps us to pursue the claim against the carrier. For consumers it is a request only and does not limit your statutory rights.

6. Right of withdrawal

Consumers have a statutory right of withdrawal of fourteen days. The withdrawal instruction, the statutory exclusions and the model withdrawal form are set out in the Refund policy. We do not offer returns or exchanges beyond the statutory right. The direct cost of returning goods after withdrawal is borne by the consumer, as stated in the withdrawal instruction.

7. Product descriptions, materials and finishes

The product page describes the materials, finish and dimensions of each product, including any stated tolerances. That description, and where agreed a sample or a written specification, governs what is owed. A digital image is not an exact colour or surface reference.

Natural and industrial materials vary in grain, colour, tone and texture, and their appearance may change with light, humidity, temperature and normal use. Variation within the product description, the agreed sample or the stated tolerance is part of the product and is not a deviation. Where a sample has been agreed, it governs only the characteristics recorded when it was agreed. A deviation from the product description, an agreed sample or a written specification is treated under section 8.

Please follow the care guidance supplied with the product. Damage caused after delivery by wear, misuse, inappropriate cleaning, impact, standing water, excess heat or humidity, incorrect installation, modification, or use in an unsuitable environment is not a defect that existed at delivery and is assessed on the evidence.

8. Defects

The statutory rights in respect of defective goods apply. For consumers, these rights apply in full and are not limited by these Terms; the statutory limitation period for consumers is two years from delivery.

If goods arrive damaged or do not correspond to the product description, please contact us at info@platten.haus, where possible with photographs, so that we can assess the defect and agree the remedy. Where the law provides, the remedy is first repair or replacement; further rights follow the statutory rules. Where goods are returned to us because of a justified defect claim, we bear the cost of the return and agree the return method with you beforehand.

9. Liability

We are liable without limit for damage caused by intent or gross negligence, for injury to life, body or health, under the Product Liability Act (Produkthaftungsgesetz), where we have given a guarantee, and where we have fraudulently concealed a defect.

For slight negligence we are liable only for breach of an essential contractual obligation, that is an obligation whose performance makes the proper performance of the contract possible and on whose observance you regularly rely. In that case our liability is limited to the damage that is foreseeable and typical for this type of contract.

Any further liability is excluded. These limits also apply to the personal liability of our employees, representatives and agents.

10. Electrical equipment and batteries

Electrical and electronic equipment must not be disposed of with household waste. At the end of its life, return it to a collection point for waste electrical and electronic equipment. The manufacturer's name, address and email are stated on the product page of each electrical product.

Where a product contains a rechargeable lithium battery, remove the battery where this is possible without damage and dispose of it separately at a collection point for used batteries. Batteries must not be disposed of with household waste.

11. Intellectual property and images

Platten Haus retains copyright and all other rights in its designs, drawings, models, specifications, working methods and product images. The purchase of a product transfers ownership of that item only. It does not transfer design files, production information or any right to reproduce the design, to reverse-engineer the product for the purpose of reproduction, to adapt the design, to have the product manufactured by a third party, or to license the design. Product images and texts from this website may not be used commercially without our written consent. Third-party material remains subject to its own terms.

We may refer to the sale of a product in our portfolio and communications without naming you. If you do not wish this, tell us in writing and we will not do so.

12. Business customers

This section applies only to business customers. It does not apply to consumers, and where a clause in this section conflicts with a statutory consumer right, the consumer right applies.

• The statutory right of withdrawal and the withdrawal instruction in the Refund policy do not apply to business customers.
• The commercial duty of inspection and notification applies (§ 377 HGB). Visible defects and shortfalls must be notified in writing within eight days of delivery, hidden defects within eight days of discovery; otherwise the goods are deemed accepted.
• Claims for defects become time-barred twelve months after delivery. This does not apply to claims for damages arising from injury to life, body or health, from intent or gross negligence, under the Product Liability Act, or from a guarantee, nor to claims under § 445b BGB.
• Where goods are defective we may choose between repair and replacement. Claims for defects are excluded for goods sold as used. Where a product is made to a specification supplied by you, a deviation that results from that specification is not a defect.
• Liability is governed by section 9. In addition, we are not liable to business customers for indirect or consequential loss, including lost profit, loss of business, loss of use or loss of production, except in the cases of unlimited liability listed in section 9.
• Delivery periods are not binding unless expressly agreed as binding in writing. Delivery is at the customer's risk from handover to the carrier.
• Extended retention of title: the goods remain our property until all claims arising from the business relationship have been settled. You may resell the goods in the ordinary course of business and hereby assign to us the resulting claims against your customers as security; you remain authorised to collect them while you are not in default. You may set off only claims that are undisputed or have been finally determined by a court.
• Payment is due at checkout. Default interest is nine percentage points above the base rate (§ 288 Abs. 2 BGB) and the statutory flat fee of 40 € applies (§ 288 Abs. 5 BGB).
• Side agreements, amendments and supplements require text form. This does not affect individually negotiated terms.
• German law applies, excluding the CISG. The exclusive place of jurisdiction for all disputes with merchants, legal entities under public law or special funds under public law is Berlin. We may also bring proceedings at the customer's general place of jurisdiction.

13. Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

14. Governing law and jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law does not remove the protection of mandatory provisions of the law of the country in which you have your habitual residence. For consumers, the statutory rules on jurisdiction apply. The jurisdiction clause for business customers is in section 12.

15. Final provisions

The version of these Terms in force at the time of your order applies to that order.

The contract language is English. There are no oral side agreements at the time the contract is concluded. Amendments and supplements to the contract require text form, for example email; this does not affect agreements negotiated individually with you.

If a provision of these Terms is or becomes invalid, the remaining provisions remain in effect. The invalid provision is treated under the applicable statutory rules.