Scope of Application
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Special Terms for the Processing of Goods According to Certain Specifications of the Customer
Special Terms for Assembly/Installation Services
Redemption of Gift Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Livarea GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity 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 constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, by e-mail or via the online contact form.

2.3 The Seller may 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), in which respect the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, in which respect the receipt of the goods by the Customer is decisive, or
by requesting the Customer to make payment after they have placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the expiry 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 consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal which can be selected during the online ordering process, the Seller hereby declares its acceptance of the Customer's offer at the point in time at which the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop prior to sending their order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the corresponding login details.

2.6 Before bindingly submitting 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 of better identifying input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. Within the scope of the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific choice of language is displayed in the online shop.

2.8 Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing 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 by 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 withdrawal 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 goods.

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

Livarea GmbH
Friedrichstraße 155- 10117 Berlin
Mail: service@livarea.de
Telefon: 030 60 40 31 26*

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

For this purpose you may use the attached model withdrawal form(download here), although this is not mandatory.

You can also exercise your right of withdrawal online on our website at https://www.livarea.de/en/withdraw-order/. If you use this online function, we will send you an acknowledgement of receipt on a durable medium (e.g. by e-mail) without undue delay, including information on the content of the declaration of withdrawal as well as the date and time of its receipt.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of 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 no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

We will collect the goods at our own expense.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The following goods are excluded from the right of withdrawal pursuant to § 312g Abs. 1, 355 BGB.

Goods that are manufactured according to customer specifications or are clearly tailored to personal requirements, such as: lacquering (no standard colour in the shop), special fabric (no standard upholstery in the shop), furniture modifications in width, height, depth or drill holes (dimensions not available in the shop), as well as tables, wall units and wardrobes which, due to their individual production, can no longer be resold. Every withdrawal is examined individually.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices which include the statutory value-added tax. Any additional delivery and shipping costs that may apply are indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further 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 relating to the transfer of money may also arise 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) is/are communicated to the Customer in the Seller's online shop.

4.4 If payment in advance 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 If a payment method offered via the payment service "Apple Pay" is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. To process payments, Apple may make use of further payment services, for which special payment terms may apply and to which the Customer may be referred separately. Further information on Apple Pay is available on the Internet at https://www.apple.com/de/apple-pay/.

4.6 If a payment method offered via the payment service "Google Pay" is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller's online shop. To process payments, Google may make use of further payment services, for which special payment terms may apply and to which the Customer may be referred separately. Further information on Google Pay is available on the Internet at https://pay.google.com/intl/de_de/about/.

4.7 If the payment method "Amazon Pay" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Pay" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller hereby declares its acceptance of the Customer's offer at the point in time at which the Customer triggers the payment process by clicking the button that concludes the ordering process.

4.8 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method takes place in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorises to collect the claim on its behalf. PAYONE GmbH collects the invoice amount from the Customer's specified credit card account. The credit card is charged immediately after the Customer's order is sent in the online shop. Even if the payment method credit card payment via PAYONE GmbH is selected, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.

5) Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery is made 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 specified 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 bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of dispatch if the Customer effectively exercises their right of withdrawal. With regard to the return shipping costs, the provision made in this respect in the Seller's withdrawal instructions applies if the Customer effectively exercises the right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer in principle only upon handover of the goods to the Customer or a person authorised to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer, also in the case of consumers, as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the Seller's responsibility and the Seller has, with due diligence, concluded a specific hedging transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer is informed without undue delay and the consideration is refunded without undue delay.

5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods at the address specified by the Seller during the business hours specified by the Seller. In the case of self-collection, the Seller first informs the Customer by e-mail that the goods ordered by them are ready for collection. After receiving this e-mail, the Customer can collect the goods at the Seller's place of business by arrangement with the Seller. In this case, no shipping costs are charged. In this case, no shipping costs are charged.

5.6 Partial deliveries are permissible insofar as the Customer evidently has no interest in them or they are evidently unreasonable for the Customer. If Livarea GmbH makes use of this right, packaging and shipping costs are charged only once.

5.7 Optionally, a professional assembly service can be added to any order. Please refer to our shipping costs overview for the current shipping costs.

5.8 Vouchers are provided to the Customer as follows:

- by e-mail

5.9Storage Costs

If you are unable to keep a scheduled delivery appointment because the place of delivery is not yet ready for occupancy, there is the option of temporarily storing your goods with the forwarding company. In such a case, Livarea covers the storage costs incurred for a period of two weeks. Should longer storage be required, the costs incurred beyond this are charged by the forwarding company and invoiced to you separately by them.

6) Retention of Title

If the Seller makes advance performance, it retains title to the delivered goods until the full payment of the purchase price owed.

7) Liability for Defects (Warranty)

7.1 Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. By way of derogation 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 subsequent 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 limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.3 The limitations of liability and shortenings of periods set out above do not apply

to claims for damages and reimbursement of expenses by the Customer,
in the event that the Seller has fraudulently concealed the defect,
to goods that have been used for a building in accordance with their customary manner of use and have caused its defectiveness,
to any existing obligation 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, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to be approved.

7.6 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Special Terms 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 not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer must provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller, and grant the Seller the usage rights required for this. The Customer alone is responsible for procuring and acquiring the rights to this content. The Customer declares and assumes responsibility for the fact that they have the right to use the content provided to the Seller. In particular, they ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personality rights.

8.2 The Customer indemnifies the Seller against claims of third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. In this respect, the Customer also assumes the necessary costs of legal defence, including all court and lawyer costs in the statutory amount. This does not apply if the infringement is not the Customer's responsibility. In the event of a claim by third parties, the Customer is obliged to provide the Seller without undue delay, truthfully and completely with all information required for the examination of the claims and for a defence.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or public morals. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting content, content harmful to minors and/or content glorifying violence.

9) Special Terms for Assembly/Installation Services

If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the assembly or installation of the goods at the Customer's premises as well as, where applicable, corresponding preparatory measures (e.g. taking measurements), the following applies in this respect:

9.1 The Seller provides its services, at its discretion, in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) who act on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no claim to the selection of a particular person to carry out the desired service.

9.2 The Customer must provide the Seller completely and truthfully with the information required for the provision of the service owed, insofar as its procurement does not fall within the Seller's sphere of obligations according to the content of the contract.

9.3 After conclusion of the contract, the Seller will contact the Customer in order to arrange an appointment for the service owed. The Customer ensures that the Seller or the personnel commissioned by it has access to the Customer's relevant facilities at the agreed appointment.

9.4 The risk of accidental loss and accidental deterioration of the sold goods passes to the Customer only upon completion of the assembly work and handover to the Customer.

10) Redemption of 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 on the voucher.

10.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances are credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting 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 further 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 does it bear interest.

10.8 The Gift Voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the lack of entitlement, the legal incapacity or the lack of authority to represent of the respective holder.

11) Applicable Law

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

12) Place of Jurisdiction

If the Customer acts as a merchant, a legal person under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office 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 arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring an action before the court at the Customer's registered office.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Status: 15/06/2026

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