General Terms And Conditions
Standard Business Terms and customer information I. Standard business terms
§ 1 Basic provisions (1) The following terms and conditions shall apply to all contracts that you, as the supplier (LIVONE GmbH, Gewerbepark West 13, 76863 Herxheim, Germany), have concluded with us via the website www.livone.de, unless otherwise agreed upon in writing by the parties. Deviations or conflicting terms and conditions shall be applicable only upon our express consent. (2) We shall only offer our goods for sale if you are a natural or legal person or a legal private company, who, when concluding a legal transaction, is running its commercial or independent business (entrepreneur). Conclusion of a purchase contract with the consumers shall be excluded.
§ 2 Conclusion of the contract (1) The subject-matter of the contract is the selling of products. The key features of the goods can be found in the respective quote. (2) On placing the product in question on our website, we provide you with a binding offer to conclude an agreement on the online shopping cart system subject to the conditions specified in the item description. (3) The purchase agreement takes place via the online shopping cart system as follows: The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page. If you used an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Sofortüberweisung) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider. If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. By clicking the appropriate button to submit the order, you declare acceptance of the order in a legally binding way by which the agreement takes place. (4) Furthermore, you can submit a binding offer (order) by telephone, email, fax or post. The offer is accepted (and the contract therefore concluded) after ordering by telephone immediately or at the latest within 5 days by a confirmation in written form (e.g. email), which confirms implementation of the order or delivery of the goods (order confirmation). Should you not receive corresponding notification within this time, you are no longer bound to your order. Services, if any, already provided shall in this case be reimbursed immediately. (5) We submit individual offers upon request, which shall be sent to you as a hard copy and which we shall be binding for us for a period of 5 days. You can accept the offer by sending us a written confirmation. (6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Prices, payment terms and shipping costs (1) The prices stated in the respective offers are net prices. They do not include the statutory VAT. (2) The dispatch expenses incurred are not included in the purchase price; they are separately accounted unless the delivery is promised to be free of cost. You can find more details under a correspondingly designated button on our Internet website or in the relevant offer. (3) Payment options are displayed using a correspondingly designated button on our Internet website or in the relevant offer. If no other payment period is stated on the invoice or in case of individual payment types, the payment claims from the signed contract are immediately due for payment. Discount deduction is permissible only if it expressly stated in the relevant offer or in the invoice.
§ 4 Delivery conditions (1) The probable delivery date is stated in the respective offer. Delivery dates and terms of delivery are binding only if they have been confirmed by us in writing. With the prepayment method via transfer, the dispatch of the goods does not take place until after our receipt of the full purchase price and the dispatch costs. (2) If a product ordered by you is not available, contrary to expectations despite a timely completion of the relevant covering transaction, for reasons for which we are not responsible, you shall be informed about the non-availability without delay and in case of a withdrawal, the payments that have already been made by you shall be reimbursed immediately. The shipping shall take place at your risk. If you wish, the goods shall be shipped with a suitable transport (3) insurance and the costs arising from the same shall be borne by you. Part deliveries shall be permissible and can be independently specified by you, provided this does not incur (4) additional shipping costs for you.
§ 5 Warranty (1) The warranty period shall last for one year from the delivery of the goods. The one-year warranty period shall not apply for damages culpably attributable to us arising from any injury to life, body or health and gross negligence or intentionally caused damages or fraud, as well as by right of recourse as per §§ 478, 479 of the German Civil Code (BGB). In terms of the quality of the goods, only our own information and the product description of the manufacturer (2) shall be deemed to have been agreed, and not other advertising, public promotions and statements made by the manufacturer. You undertake to promptly examine the goods and pay necessary attention to quality and quantity variances (3) and to notify us in writing (via E-mail, for example) of apparent defects within seven days of receipt; timely dispatch will be sufficient for observing the deadline. The same shall apply to latent defects found later. If the obligation to check and give notice of the defects is violated, the assertion of any warranty claim shall be excluded. In case of defects, we provide guarantee through repair or replacement at our own discretion. If the defect is (4) not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
§ 6 Right of retention, retention of title (1) You can exercise the right of retention only if it concerns claims from the same contract relationship. The goods shall remain our property until the full settlement of all claims from the ongoing business relation. (2) Pledging or assigning the goods as security before the transfer of property of the reserved goods is not permitted. You can resell the goods in the proper course of business. For this, all claims that arise from the resale in the (3) amount of the invoice price shall be assigned to us already now; we shall receive the assignment. You shall be further authorised to collect the claim. If you do not properly meet your payment obligations, we shall reserve the right to collect the claim. In the event of connecting and blending goods that are subject to retention of title, we shall acquire (4) co-ownership in the proportion of the goods’ invoice value in relation to other processed items at the time of processing. We shall be under obligation to release securities that are due to you if and when the feasible value of our (5) securities exceeds the claims that are to be secured by more than 10%. The choice of the securities to be released shall reside with us.
§ 7 Liability (1) We shall be liable without restrictions for damages caused by injury to life, body or health, in all instances of malice and gross negligence, for the fraudulent concealment of defects, for acceptance of guarantee concerning the condition of the goods, for damages according to the product liability law, and in all other cases regulated by the law. The liability of defects within the scope of the implied warranty complies with the corresponding regulation in (2) our customer information (Part II) and General Terms and Conditions (Part I). If the situation in question relates to important contractual obligations and involves minor negligence, our (3) liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you. When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the (4) situation in question involves violations of obligations associated with light negligence. State-of-the-art data communication via the Internet cannot guarantee to be flawless or available at any time. (5) We shall not be responsible for the constant and uninterrupted availability of the web page and all services offered.
§ 8 Choice of law, place of fulfilment, jurisdiction The German law shall apply with the exclusion of the UN purchasing law. The place of fulfilment as well the court of jurisdiction shall be our headquarters. ____________________________________________________________________________________________________ II. Customer information 1. Identity of the seller LIVONE GmbH Gewerbepark West 13 76863 Herxheim Germany telephone number: 07276-9874618 E-Mail: email@example.com