Terms of service
1. Scope of application, definitions
The following General Terms and Conditions apply to all contracts concluded via the online store "Livlig53" between you and New Ventures GmbH, Reichenberger Straße 17, 95111 Rehau, Germany (hereinafter referred to as "New Ventures" or "we". Please note that we may need to update the Terms and Conditions from time to time. The version valid at the time of your order is authoritative.
These terms and conditions partly distinguish between entrepreneurs and consumers as customers. The customer is a consumer, as far as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
2. How we conclude contracts with you
The presentation of our goods in the online store is not an offer in the legal sense, but a non-binding invitation to you to order these products from us. You have the possibility to choose products from the assortment of our online store and to collect them by clicking the button "add to shopping cart". You can view and change the products in the shopping cart at any time by clicking on the "Shopping Cart" button. Once you have completed your compilation of products, you can add the data necessary for order processing step by step from the "Shopping Cart" page. Only by clicking on the button "Order with obligation to pay" do you submit a legally binding request to purchase the goods in the shopping cart. You can also view and change the data at any time during the order process by selecting the "Shopping cart" button again.
We will then send you an automatic confirmation of receipt by e-mail, in which your order is listed again. The contract is concluded with the sending of the shipping confirmation e-mail. With the order confirmation e-mail we will send you the complete text of the contract.
The contract language is English.
3. Delivery time and goods availability
In our online store you will find information on availability and delivery times for each product. The delivery times are calculated from the time of your order. If you have indicated in the order that you pay the purchase price as an advance payment, the delivery times are calculated from the receipt of the advance payment.
For technical reasons, it cannot be ruled out that products are marked as available in the online store, although there is no longer any stock available for your order. If, in exceptional cases, some or all of the products you ordered are not available, we will contact you immediately by e-mail. In this case we will refrain from a declaration of acceptance. A contract is not concluded. If you have already paid the purchase price for the goods, we will refund the purchase price via the payment method through which you made the payment.
If goods with obvious damage are delivered, we ask you to claim the damage immediately to the shipping service provider and contact us as soon as possible. Please also inform us of hidden defects as soon as possible after their discovery. As an entrepreneur, you must inform us in time to preserve your rights.
If the customer is a consumer, we bear the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by us to the assigned logistics partner.
5. Retention of title
We reserve the ownership of the delivered goods until full payment of the purchase price.
In the settlement of warranty cases, we strive to find a mutually acceptable solution in consultation with you. With the following deviations we consider the legal regulations as good and sufficient.
In order to avoid legal disputes, you are obliged, before asserting your warranty claims, to make the goods complained about available to us for examination of the defect, and in principle, at our discretion, at your premises, by sending them to us or to a third party designated by us. If a dispatch of the goods is not possible or only possible with great effort, e.g. because products are firmly installed or built-in, we will carry out the inspection at your premises or on the basis of photos that you send us. Please contact our customer service by e-mail at email@example.com to agree on the further procedure. If we replace products by way of rectification, we will acquire ownership of the replaced products. In the case of subsequent delivery, we become the owner of the exchanged products upon receipt of the exchanged product by you. Subsequent performance does not constitute an acknowledgement in the legal sense.
7. Limitations of liability
Should you suffer any damage in connection with our products, we shall endeavor to find an amicable solution in this respect as well. However, we must limit our liability to a mutually acceptable extent.
We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses. In other cases, we shall be liable - unless otherwise stipulated in paragraph 3 - only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.
Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
Insofar as we provide access to other websites via links, we are not responsible for the third-party content contained therein. We do not adopt the external content as our own. If we become aware of illegal content on external websites, we will remove the link immediately.
8. Cancellation policy
As a consumer, you have a statutory right of revocation when concluding a distance selling transaction, which we inform you about in accordance with the statutory model below.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is a) 14 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 goods, b) in the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, 14 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.
In order to exercise your right of withdrawal, you must inform us, New Ventures GmbH, Reichenberger Straße 17, 95111 Rehau, e-mail: firstname.lastname@example.org, phone: +49 9283 771850 by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract.
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.
Consequences of the revocation
If you revoke this contract, we shall reimburse you 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 most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 any fees because of this repayment.
You must return or hand over the goods to us or to [insert here the name and address of the person authorized by you to receive the goods, if applicable] without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
End of the cancellation policy
9. Data protection
Information on collection, processing and use of your data can be found here Privacy - Livlig53.
10. Final provisions
The UN Convention on Contracts for the International Sale of Goods is excluded. The law of the Federal Republic of Germany shall apply, but only to the extent that you are not deprived of the protection afforded to you by mandatory provisions of the state in which you have your habitual residence.
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We will endeavor to resolve any disagreements amicably. We are not obligated to participate in any arbitration proceedings. We cannot offer you participation in such proceedings.
If you do not have a general place of jurisdiction in an EU member state or you are not a consumer, the exclusive place of jurisdiction is Hof, Germany. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
Should individual provisions of these General Terms and Conditions or of the contract concluded with you be invalid in whole or in part, the validity of the rest of the contract shall not be affected. The invalid provisions shall be replaced by the statutory provisions, if any.