Terms and Conditions
1. Scope, Definitions
The following General Terms and Conditions apply to all contracts concluded via the online shop "LIVLIG" between you and New Ventures GmbH, Reichenberger Straße 17, 95111 Rehau, Germany (hereinafter referred to as "New Ventures" or "we"). Please note that we must update the General Terms and Conditions from time to time. The version valid at the time of your order is decisive.
These conditions partly distinguish between traders and consumers as customers. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. Conversely, a trader is any natural or legal person or legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding the contract.
2. How we conclude contracts with you
The presentation of our goods in the online shop is not a legal offer but a non-binding invitation for you to order these products from us. You have the option to select products from the range of our online shop and collect them using the "add to cart" button. Via the "cart" button, you can view and change the products in the cart at any time. Once you have completed your selection of products, you can add the necessary data for order processing step by step from the "cart" page. Only by clicking the "order with obligation to pay" button do you submit a legally binding offer to purchase the goods in the cart. Even during the ordering process, you can view and change the data at any time by selecting the "cart" button again.
We will then send you an automatic receipt confirmation 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 send you the complete contract text.
The contract language is German.
3. Delivery time and product availability
In our online shop, you will find information on availability and delivery times for each product. Delivery times are calculated from the time of your order. If you have indicated at the time of order that you will pay the purchase price in advance, 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 shop even though no stock is available for your order. If, exceptionally, individual 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 declaring acceptance. No contract is concluded. If you have already paid the purchase price for the goods, we will refund the purchase price via the payment method you used.
4. Delivery
If goods are delivered with obvious damage, we ask you to report 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 a trader, you must inform us in due time to preserve your rights.
If the customer is a consumer, we bear the shipping risk regardless of the shipping method. If the customer is a trader, all risks and dangers of shipment pass to the customer as soon as the goods have been handed over by us to the commissioned logistics partner.
5. Retention of title
We retain ownership of the delivered goods until full payment of the purchase price.
6. Warranty
In handling warranty cases, we strive to find a mutually acceptable solution in agreement with you. With the following deviations, we consider the statutory provisions to be good and sufficient.
To avoid legal disputes, you are obliged before enforcing your warranty claims to make the complained goods available to us for error inspection, generally at our choice at your premises, by sending to us, or to a third party designated by us. If shipping the goods is not possible or only with great effort, e.g., because products are fixedly installed or built in, we will carry out the inspection at your premises or based on photos you send us. Please contact our customer service by e-mail at support@livlig.com to agree on the further procedure. Should we exchange products as part of the remedy, we acquire ownership of the exchanged products. In the case of replacement delivery, we become owners of the exchanged products upon receipt of the replacement product at your premises. A subsequent performance does not constitute an acknowledgment in the legal sense.
7. Limitations of liability
If you suffer damage in connection with our products, we strive to find an amicable solution in this regard as well. However, we must limit our liability to a mutually reasonable extent.
We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence according to the statutory provisions for damages or reimbursement of futile expenses. In other cases, we are liable – unless otherwise regulated in paragraph 3 – only for breach of a contractual duty whose fulfilment enables the proper execution of the contract in the first place and on whose compliance you as a customer regularly rely (so-called cardinal duty), and then limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the regulation in paragraph 3.
Our liability for damages from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
As far as we provide access to other websites via links, we are not responsible for the foreign content contained there. We do not adopt the foreign content as our own. If we become aware of unlawful content on external websites, we will remove the link immediately.
8. Right of withdrawal
As a consumer, you generally have a statutory right of withdrawal when concluding a distance contract, about which we inform you below in accordance with the statutory model.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is a) 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods, b) in the case of a contract for several goods ordered in a single order and delivered separately, 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last item.
To exercise your right of withdrawal, you must inform us, New Ventures GmbH, Reichenberger Straße 17, 95111 Rehau, E-mail: support@livlig.com, Telephone: +49 928359131053, by means of a clear statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments received from you, including delivery costs (except for the additional costs arising from your choice of a delivery method 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 the notification of your withdrawal. 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 fees for this refund.
You must return or hand over the goods to us or to [here, if applicable, insert the name and address of the person authorized by you to receive the goods] without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal. The deadline is met if you send the goods before the period of fourteen days expires.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this loss in value is due to handling the goods beyond what is necessary to check their condition, properties, and functioning.
End of the withdrawal information
9. Data protection
Information on the collection, processing, and use of your data can be found here Data protection – LIVLIG .
10. Final provisions
The UN Sales Convention is excluded. The law of the Federal Republic of Germany applies, but only insofar as you are not deprived of the protection granted 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 arising from contractual obligations under online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We strive to resolve any disagreements amicably. We are not obliged to participate in a conciliation procedure. We cannot offer you participation in such a procedure.
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 apply for local and international jurisdiction.
If individual provisions of these General Terms and Conditions or the contract concluded with you are wholly or partially invalid, the validity of the contract shall otherwise remain unaffected. In place of the invalid provisions, the statutory regulations shall apply, if available.
