These General Terms and Conditions ("GTC") of Lavndr GmbH, An der Ölmühle 11, 65795 Hattersheim am Main, Germany, email: info@planaberry.de, registered in the commercial register of Frankfurt am Main under HRB 133165 with the VAT identification number: DE366396637 (hereinafter "Lavndr") serve as the legal basis for the use by the User of the web application offered by Lavndr ("Service" and/or "Planaberry"). The GTC apply regardless of whether the User is a consumer, entrepreneur or merchant. The version of the GTC valid at the time the contract is concluded shall apply.
The GTC shall apply exclusively. Any conflicting or deviating GTC of the User shall only become part of the contract if they are consistent with the content of these GTC or have been expressly recognized by Lavndr in writing. Individual agreements take precedence over the GTC.
The analyses provided as part of the web application are not intended as financial services and/or investment advice and/or recommendations and are based on calculated future simulations of the expected pension entitlements and the expected provision and asset situation. However, it is important to emphasize that these are merely simulations based on calculations and therefore do not constitute a guarantee for the stated amount of the pension expectations or the amount of the provision and asset situation.
There is no entitlement to use the Services prior to registration. Lavndr may reject Users without giving reasons.
Offers from Lavndr are subject to change and non-binding, unless they are expressly designated as binding. Offers from Lavndr are a non-binding invitation to the User to submit an offer. The contract is concluded electronically in such a way that the User's offer to purchase is confirmed by Lavndr by email.
The aforementioned obligations of the User to cooperate are free of charge.
Planaberry is a web application developed and operated by Lavndr that can be accessed via a web browser. With Planaberry, the User can obtain an overview of their pension and provision situation or asset situation in the future. The projections provided are simulative and are based on financial mathematical formulas and iterative algorithms. The prerequisite for this is the input of personal financial data, pension information and details of future sources of income, such as investments, company pension schemes, pension insurance, etc.
Lavndr reserves the right to use subcontractors to provide the services.
The services provided by Lavndr are expressly not services in the area of financial services requiring a permit, investment advice and/or investment brokerage and/or other activities requiring a permit by law.
It should be noted that the calculation basis on which the expected pension situation at retirement age in Planaberry is calculated has been prepared to the best of our knowledge and belief. As the pension situation at retirement age depends on factors and developments that cannot be foreseen in some cases, the results are only intended as a guideline. No guarantee can be given that the values determined in the context of Planaberry represent the actual pension entitlements and/or the actual provision and asset situation at retirement age. In this respect, Lavndr only provides the results of a calculation according to the current state of the art and state of knowledge.
The Software is provided to the User as Software as a Service (SaaS). The software is accessed via secure and encrypted connections. Details of the respective offer can be found in the product description on our website www.planaberry.de.
Lavndr endeavors to make the software available without interruptions. However, no liability can be assumed for temporary unavailability of the software. Lavndr may temporarily limit the availability if it is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical maintenance or repair measures and this serves the proper or improved provision of services. In such cases, Lavndr shall take into account the legitimate interests of the User, e.g. by providing information in advance.
The User undertakes to refrain from doing anything that could impair the infrastructure, functionality or one or more features of www.planaberry.de in any way. Any use of third-party software and any extraction or external processing of data is not permitted.
Users with a Planaberry account can access the platform in one of the following ways:
Free Version: Limited access with limited assets and basic features.
Paid Annual subscription: Full access to all features for a period of 365 days. The subscription renews automatically unless cancelled in time.
Paid 5-Year Access: One-time payment for five years of full access. No automatic renewal.
Payments for fee-based plans are made via the payment service provider Stripe Payments Europe, Ltd. ("Stripe"), to which Lavndr assigns its payment claims.
Stripe is authorized to collect the invoice amount via the payment method selected by the User. In the event of an assignment, a payment can therefore only be made to Stripe with debt-discharging effect.
The payment method is debited immediately after the order has been placed on the website. Irrespective of the payment method selected, Lavndr remains the responsible contact for general user inquiries.
The GTC of Stripe can be viewed at https://stripe.com/de/legal/consumer.
Lavndr is free to change the subscription fees and other prices at its reasonable discretion in order to compensate for increased costs for the provision of Planaberry. Decisive for the calculation of these costs are, for example, consts for administration, costs arising from the maintenance and operation of the necessary IT infrastructure, financial costs, taxes, fees and other charges. Changes to the statutory value added tax lead to an adjustment of the subscription fees.
Price changes shall come into effect at the earliest 30 days after the User has been notified of an impending price increase, but at the earliest for the next billing period for the respective subscription. In this case, the User shall also have the ordinary right of termination.
Lavndr is the sole and exclusive owner of all rights to the web application provided, the Planaberry brand and the content on the website and all associated subdomains.
Lavndr grants the User a non-exclusive, non-transferable right, limited in time to the term of the contract, to use the services via the website as intended and only for their own purposes.
The granting of use by Lavndr to the User is not associated with any transfer or granting of any property rights.
The User is prohibited from reselling or using products purchased via Lavndr for commercial purposes.
Consumers within the meaning of Article 13 of the German Civil Code (BGB) have a statutory right of withdrawal with regard to the conclusion of the contract.
In all other respects, the following provisions apply to the right of withdrawal:
The User has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
For excercising the right of withdrawal, the User must inform Lavndr GmbH, An der Ölmühle 11, 65795 Hattersheim am Main, Germany, email: info@planaberry.de of their decision to withdraw from this contract by means of a clear statement (e.g. by post or email). The attached sample withdrawal form can be used, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient to send the notification of exercising the right of withdrawal before the withdrawal period has expired.
If the User withdraws from this contract, Lavndr shall reimburse all payments received from the User without undue delay and in any event not later than fourteen days from the day on which Lavndr is informed about the User's decision to withdraw from this contract.
For this refund, Lavndr will use the same means of payment that the User used for the original transaction, unless expressly agreed otherwise with the User; in no event will the User be charged any fees for this refund.
If the User wishes to withdraw from the contract, they should complete this form and send it back to us.
The right to withdraw does not apply to distance contracts which
for the delivery of goods which have been manufactured according to the customer's specifications or which are clearly tailored to the personal needs or which are not suitable for return due to their nature or which can spoil quickly or whose expiration date has been exceeded,
for the delivery of audio or video recordings or software, provided that the User has unsealed the data carriers supplied,
as the main performance obligation, the delivery of digital content not on a physical data carrier, which is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer, and if Lavndr has begun with the execution of the contract after the User has given their express consent that Lavndr shall begin with the execution of the contract before the end of the withdrawal period and has confirmed their knowledge that they will lose their right of withdrawal by giving their consent with the beginning of the execution of the contract. We would like to point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation. The declaration of consent to be provided reads: "I understand and agree that Planaberry (Lavndr GmbH) will start providing the service immediately, before the withdrawal period ends. I'm aware that this means I will lose my right to withdraw once the service has been fully delivered."
In all cases of contractual and non-contractual liability, Lavndr shall only pay damages or compensation for futile expenses to the extent specified below:
The European Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr. Lavndr is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the User is a merchant, the exclusive place of jurisdiction os the registered office of the provider, Frankfurt am Main, Germany. Otherwise, the statutory provisions shall apply.