General terms and conditions of business
The following General Terms and Conditions also contain legal information about your rights under the regulations on distance selling and electronic commerce.
- scope
- Offers and service descriptions
- Ordering process and contract conclusion
- Prices and shipping costs
- Delivery, product availability
- Payment methods
- Retention of title
- Warranty for material defects and guarantee
- Liability
- Storage of the contract text
- data protection
- Place of jurisdiction, applicable law, contract language
- Right of withdrawal
- Voluntary return policy
1. Scope
1.1. For the business relationship between the company LIV BERGEN GmbH, Pelargusstraße 1/1, 70180 Stuttgart (hereinafter “Seller”) and the customer (hereinafter “Customer”), the following General Terms and Conditions apply exclusively in the version valid at the time of the order.
1.2. If you have any questions, complaints or concerns, you can reach us by email at shop@livbergen.de.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Differing conditions from the customer will not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs or on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise, errors remain.
3. Ordering 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 using the [BUY NOW] button. The customer can then use the [buy now] button in the shopping cart to complete the ordering process.
3.2. Using the [Buy] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary information is marked.
3.3. The seller then sends the customer an automatic confirmation of receipt by email, 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 only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller dispatches, hands over or arranges for the dispatch of the ordered product to the customer within 2 days confirmed to the customer within 3 - 4 working days with a second email, express order confirmation or sending of the invoice.
3.4. If the seller allows advance payment, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the buyer and seller. The item is therefore reserved for advance payments 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 include the applicable statutory sales tax.
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 charges 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 will take place 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, provided this is reasonable for the customer.
5.3. If the delivery of the goods fails due to the buyer's fault 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 may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or the customer does not request delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.5. Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment methods
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the payment methods available on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deductions.
6.3. If third-party providers are commissioned to process payments (e.g. Paypal, Klarna or Amazon Payments), their general terms and conditions 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 must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if 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 made.
8. Warranty for material defects and guarantee
8.1. The warranty is determined by legal regulations.
8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly provided. Customers will be informed about the warranty conditions before initiating the ordering process.
9. Liability
9.1. The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other legal requirements for claims.
9.2. The seller is liable without limitation if the cause of the damage is due to intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order details to the email address he provided. If you have registered in our shop, you can view the orders you have placed 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 the customer's personal data for a specific purpose and in accordance with legal regulations.
11.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment details) will be used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment processes.
11.3. The customer has the right, upon request, to receive information free of charge about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, block and delete his personal data, unless there is a statutory retention requirement to the contrary.
11.4. Further information about the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.
12. Place of jurisdiction, applicable law, contract language
12.1. The place of jurisdiction and place of performance is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. The contract language is German.
13. Cancellation policy
13.1. You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must contact us (liv bergen GmbH, Pelargusstraße 1/1, 70180 Stuttgart, Fax: 0711 255 18 323, Email: shop@livbergen.de) by means of a clear statement (e.g. a letter sent by post). , fax or email) informing you of your decision to withdraw from this contract. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires. You can use the attached sample cancellation form, although this is not mandatory.
13.2. If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. Any losses caused by currency fluctuations will not be reimbursed.
13.3. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.
13.4. The right of withdrawal only applies to unworn, unwashed and flawless items from which the labels have not been removed. Any loss in value of the goods due to wearing, washing, or causing other signs of use as well as removal of the label, removal/damage to the original packaging, accessories, etc. will result in the return being rejected, 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.
Download_sample cancellation form DE
Download_sample cancellation form EN
14. Returns
14.1. When returning goods, please fill out our returns form, which is included in your package. You can also find the return slip in the attached download link.
14.2. The return must be made to: liv bergen, c/o Relay Fulfillment UG, Klosterstraße 145, 72793 Pfullingen, Germany.
14.3. If you have any questions about your return, please contact our customer service:
Email: shop@livbergen.de
Telephone: +49 711 255 18 321
Fax: +49 711 255 18 323