Table of Contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to certain specifications of the customer
9. Special conditions for assembly / installation services
10. Redeeming gift vouchers
11. Applicable Law
12. Place of jurisdiction
13. Alternative dispute resolution

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Livarea GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller in his online -Shop completes the goods shown. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, email or online contact form.

2.3 The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If you choose a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to PayPal - Terms of use, available at https://www.paypal.com/us/legalhub/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/us/legalhub/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks the button to complete the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6 Before binding the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us:

Livarea GmbH
Friedrichstraße 114a - 10117 Berlin 
Mail: service@livarea.de 
Phone: 030 60 40 31 26*

by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract.

You can use the attached sample cancellation form(download here), but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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 for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

We collect the goods at our own expense.

You 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 to check the nature, properties and functionality of the goods.

The following goods are excluded from the right of withdrawal in accordance with Section 312g Paragraph 1, 355 BGB.

Goods that are made according to customer specifications or that are clearly tailored to personal needs, such as: paintwork (no standard color in the shop), special fabric (no standard cover in the shop), furniture modifications in width, height, depth or holes (dimensions not available in the shop), as well as tables, wall units, wardrobes that can no longer be sold due to their individual production. Every revocation is checked personally.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5  When paying by means of a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/us/legalhub/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/us/legalhub/privacywax-full.

4.6  If you choose the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag/en/) to which the provider assigns his payment claim. Secupay AG collects the invoice amount from the specified credit card account of the customer. In the event of an assignment, payments can only be made to secupay AG with a debt-discharging effect. The credit card is charged immediately after the customer order has been sent in the online shop. Even if the payment method credit card payment via secupay AG is selected, the provider remains responsible for general customer inquiries, e.g. on goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credits.

4.7 Conclusion of the contract when using Zaver payment methods

 4.7.1 If you select a payment method offered by Zaver for Livarea GmbH, the payment will be processed via the payment service provider Frink AB (acting under the brand name Zaver) with its registered office at Sveavägen 59, 113 59 Stockholm, Sweden and registration in the Swedish Business Register under 559059-8420 (hereinafter: "Zaver") or a third party appointed by Zaver. The terms and conditions for payment by invoice and installment can be found here. No separate contractual relationship is established between you and Zaver.

 4.7.2 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

 4.7.3 When selecting a payment method offered by Zaver, the Customer may submit the offer via the online order form integrated in the Seller's online store. After the Customer has placed the selected goods in the virtual shopping cart and carried out the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button in Zaver's checkout area that concludes the ordering process.

The seller may accept the customer's offer within 5 days,

• by sending a written order confirmation or an order confirmation in text form (e-mail) to the customer, whereby the receipt of the order confirmation by the customer is decisive, such order confirmation is sent by Zaver,
• or by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive,
• or by requesting payment from the Customer after the order has been placed, such request for payment being sent by Zaver.

 4.7.4 If there is more than one of the above alternatives, the contract shall be concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day after the offer is sent. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

 4.7.5 The Seller may assign the invoice or installment payment contract with you to Zaver or a third party commissioned by Zaver.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, the delivery takes place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even with consumers, is already transferred to the customer as soon as the seller sends the goods to the freight forwarder,

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5 If the seller offers the goods for collection, the customer can pick up the ordered goods within the business hours specified by the seller at the address given by the seller. In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged. In this case, no shipping costs will be charged.

5.6 Partial deliveries are permitted unless the customer is clearly not interested in them or they are clearly unreasonable for him. If Livarea GmbH makes use of this right, packaging and shipping costs will only be charged once.

5.7 Optionally, a professional assembly service can be booked for every order. The current shipping costs can be found in our shipping cost overview.

5.8 Vouchers are made available to the customer as follows:

- by E-Mail

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise specified in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• in the case of new goods, the limitation period for defects is one year from delivery of the goods;
• in the case of used goods, the rights and claims due to defects are excluded;
• the statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects.

7.3  The limitations of liability and shortened deadlines set out above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any existing obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer acts as a businessman within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.

7.6  If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to certain specifications of the customer

8.1 If, according to the content of the contract, the seller owes the processing of the goods in addition to the delivery of the goods according to certain specifications of the customer, the customer must provide the seller with all the content required for processing such as texts, images or graphics in the file formats, formatting and images specified by the seller - and file sizes available and grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.

8.2 The customer exempts the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the necessary costs of legal defense including all court and lawyer fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information that is necessary for the examination of the claims and a defense.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or against common decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and / or violence-glorifying content.

9) Special conditions for assembly / installation services

If, according to the content of the contract, in addition to the delivery of the goods, the seller also owes the assembly or installation of the goods to the customer and, if necessary, corresponding preparatory measures (e.g. measurement), the following applies:

9.1  The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to carry out the desired service.

9.2  The customer must provide the seller with the information required for the provision of the service owed completely and truthfully, provided that the provision of this information does not fall within the seller's scope of duties according to the content of the contract.

9.3 After the conclusion of the contract, the seller will contact the customer in order to agree an appointment with the customer for the service owed. The customer ensures that the seller or the personnel commissioned by him has access to the customer's facilities at the agreed time.

9.4 The risk of accidental loss and accidental deterioration of the goods sold is only transferred to the customer once the assembly work has been completed and the goods are handed over to the customer.

10) Redeeming gift vouchers

10.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.

10.2 Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.

10.8 The gift voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

11) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

12) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or public law special fund based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Status: 21/12/2023