GENERAL TERMS AND CONDITIONS
At the same time, the following GTC contain legal information on your rights under the regulations on contracts in distance selling and electronic commerce.
- Scope
- Offers and service descriptions
- Order process and conclusion of contract
- Prices and shipping costs
- Delivery, availability of goods
- Payment modalities
- Retention of title
- Warranty for material defects and guarantee
- Liability
- Storage of the contract text
- Data protection
- Place of jurisdiction, applicable law, contractual language
- Right of withdrawal
- Voluntary right of return
1. scope of application
1.1 The business relationship between the company LIV BERGEN GmbH, Pelargusstrasse 1/1, 70180 Stuttgart (hereinafter referred to as "Seller") and the Customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can reach us for questions, complaints and objections by e-mail at shop@livbergen.de
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.
2. tenders and specifications
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. Apart from that, errors are excepted.
3. order process and conclusion of contract
3.1 The Customer can select products from the Seller's range without obligation and collect them in a so-called shopping cart via the button [BUY NOW]. Subsequently, the customer can proceed to the conclusion of the ordering process within the shopping cart via the button [buy now].
3.2 By clicking the [BUY] button, the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary details are marked.
3.3 The Seller shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer's order and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 3 - 4 working days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4 If the seller allows payment in advance, the contract is concluded with the provision of the bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, despite the due date, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payments is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 With regard to Germany and within the European Union, all prices stated on the Seller's website are inclusive of the applicable statutory VAT.
4.2 Outside the European Union, the prices indicated on the Seller's website are net prices plus any customs duties and taxes.
4.3 In addition to the stated prices, the Seller shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.
5. delivery, availability of goods
5.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2 If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, as far as this is reasonable for the customer.
5.3 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.4 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.5 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. payment modalities
6.1 The customer can choose from the available payment methods within the scope of and before completion of the order process. Customers are informed about the available means of payment on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 14 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing (e.g. Paypal, Klarna or Amazon Payments), their General Terms and Conditions shall apply.
6.4 If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5 The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the seller.
6.6 The customer shall only have a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. retention of title
The delivered goods remain the property of the seller until full payment has been received.
8 Warranty for material defects and guarantee
8.1 The warranty shall be determined in accordance with statutory provisions.
8.2 A warranty exists for the goods delivered by the Seller only if it has been expressly given. Customers will be informed about the warranty conditions before initiating the ordering process.
9. liability
9.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other statutory requirements for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which enables the proper performance of the contract in the first place and the observance of which the Customer regularly relies on. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
10.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2 The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
11. data protection
11.1 The Seller processes personal data of the Customer for a specific purpose and in accordance with the statutory provisions.
11.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) will be used by the seller for the performance and execution of the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process.
11.3 The customer has the right to receive, upon request and free of charge, information about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided that there is no legal obligation to keep records.
11.4 Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
12 Jurisdiction, Applicable Law, Contractual Language
12.1 The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
12.2 The contractual language is German.
13. cancellation policy
13.1 You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must send us (liv bergen GmbH, Pelargusstrasse 1/1, 70180 Stuttgart, Fax: 0711 255 18 323, E-Mail: shop@livbergen.de) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail), of your decision to revoke this contract. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
13.2 If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. Any losses due to currency fluctuations will not be reimbursed.
13.3. Wir können die Rückzahlung verweigern, bis wir die Waren wieder zurückerhalten haben oder bis Sie den Nachweis erbracht haben, dass Sie die Waren zurückgesandt haben, je nachdem, welches der frühere Zeitpunkt ist. Sie haben die Waren unverzüglich und in jedem Fall spätestens binnen vierzehn Tagen ab dem Tag, an dem Sie uns über den Widerruf dieses Vertrags unterrichten, an uns zurückzusenden oder zu übergeben. Die Frist ist gewahrt, wenn Sie die Waren vor Ablauf der Frist von vierzehn Tagen absenden.
13.4 The right of withdrawal only applies to unworn, unwashed and flawless items from which the labels have not been removed. Any loss of value of the goods due to wearing, washing, or causing other signs of use as well as removal of the label, removal/damage of the original packaging, accessories or the like will therefore lead to a rejection of the return, as we cannot offer these items for sale again. In this case, the goods will be returned to the customer without a refund of the purchase price.
14. return
14.1. Die Rückgabe können Sie über den Link in der E-Mail beantragen, die wir Ihnen bezüglich Ihrer Bestellung geschickt haben. Sobald Sie die Rückgabe im Retourenportal durchgeführt haben, senden wir Ihnen eine E-Mail mit Anweisungen zur Durchführung des Versands. Bitte beachten Sie Hinweise und geben Sie die Sendung an der Annahmestelle Ihrer Wahl des von uns angegebenen Versandunternehmens ab. Sie müssen uns die Artikel, die Sie zurückgeben möchten, vor Ablauf der Rückgabefrist zusenden.
14.2. Die Rücksendung erfolgt an: liv bergen, c/o Relay Fulfillment UG, Klosterstraße 145, 72793 Pfullingen, Deutschland.
14.3 If you have any questions about your return, please contact our customer service:
E-Mail: shop@livbergen.de
Telefon: +49 711 255 18 321.