GENERAL TERMS AND CONDITIONS OF BUSINESS

The following General Terms and Conditions also contain legal information about your rights under the provisions on distance selling and electronic commerce.

scope
offers and service descriptions
ordering process and conclusion of the contract
prices and shipping costs
delivery, availability of goods
payment terms
retention of title
warranty for material defects and guarantee
Liability
storage of the contract text
data protection
Jurisdiction, Applicable Law, Contract Language
cancellation policy
Voluntary Right of Return

1. Scope

1.1. The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between LIV BERGEN GmbH, Pelargusstraße 1/1, 70180 Stuttgart (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”).

1.2. You can contact us for questions, complaints and objections 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 can predominantly be attributed neither to his commercial nor to his independent professional activity (Section 13 of the German Civil Code).

1.4. Any deviating conditions of the customer will not be accepted 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. Descriptions of services in catalogues and on the seller's websites do not have the character of a representation or guarantee.

2.2. All offers are valid "while stocks last" unless otherwise stated for the products. Otherwise, errors remain reserved.

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 by clicking on the [BUY NOW] button. The customer can then complete the order process within the shopping cart by clicking on the [buy now] button.

3.2. By clicking 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. Required information is marked.

3.3. The seller will then send 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 merely 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 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 email, express order confirmation or sending of the invoice.

3.4. If the seller allows payment in advance, 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 the order confirmation being sent, even after a further request, despite being due, the seller will withdraw 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 for the buyer and seller without any further consequences. The item will therefore be reserved for a maximum of 10 calendar days in the case of advance payments.

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 value added 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 prices stated, the seller charges shipping costs for delivery. The shipping costs are 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 its 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 its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, 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. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. Terms of payment

6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods 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 deduction.

6.3. If third parties 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 will be in default simply 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 exclude the Seller from claiming further damages caused by default.

6.6. The customer is only entitled to a right of set-off 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 according to statutory provisions.

8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly given. Customers are informed of the guarantee conditions before initiating the order process.

9. Liability

9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to any other statutory requirements for claims.

9.2 The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the seller is 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 fulfillment of which 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 breach of obligations other than those mentioned in the preceding 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 in the event of fraudulently concealed defects. 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 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 email address provided by him. If you have registered in our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available on the Internet.

11. Data Protection

11.1 The seller processes the customer’s personal data for specific purposes and in accordance with the statutory provisions.

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 process.

11.3. The customer has the right to receive information about the personal data stored about him by the seller free of charge upon request. In addition, he has the right to correct incorrect data, block or delete his personal data, provided that there is no statutory obligation to retain the data.

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. Place of jurisdiction, applicable law, contract language

12.1. The place of jurisdiction and performance is 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 contract language is German.

13. Cancellation policy

13.1. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of withdrawal, you must inform us (liv bergen GmbH, Pelargusstraße 1/1, 70180 Stuttgart, Fax: 0711 255 18 323, Email: shop@livbergen.de) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or email). To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired. You may use the attached sample withdrawal form for this purpose, but this is not mandatory.

13.2. If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. Any losses due to currency fluctuations will not be reimbursed.

13.3. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost 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 of value of the goods due to wearing, washing or other signs of use, as well as removal of the label, removal/damage to the original packaging, accessories or similar, 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.

14. Return

14.1. When returning items, please fill out our return slip, which is included in your package. You can also find the return slip in the attached download link.

14.2. The return must be sent to: liv bergen, c/o Relay Fulfillment UG, Klosterstraße 145, 72793 Pfullingen, Germany.

14.3. If you have any questions regarding your return, please contact our customer service:

E-Mail: shop@livbergen.de
Phone: +49 711 255 18 321
Fax: +49 711 255 18 323