Terms of contract within the scope of purchase contracts concluded via the platform https://livefresh.de

are concluded between

LiveFresh GmbH
Am Take Off Gewerbepark 27c
D – 78579 Neuhausen ob Eck
Tel.: +49 7575 841 976 0
Mail to: hallo@livefresh.de

Managing Directors: Simon Storz, Benedikt Schellinger
Stuttgart District Court HRA 731496
Personally liable partner: LiveFresh Verwaltungs GmbH
Stuttgart District Court HRB 754449

– hereinafter referred to as the "Provider" –

and

the users of this platform designated in Article 2 of these GTC – hereinafter referred to as the "Customer/Customers".

Art. 1 Scope
The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.

Art. 2 Conclusion of contract
(1) The Customer can select products from the Provider's range and collect them in a so-called shopping cart via the "add to cart" button. By clicking on the "Buy now" button, the Customer submits a binding application to purchase the goods in the shopping basket. Before submitting the order, the Customer can change and view the data at any time.

(2) The Provider will then send the Customer an automatic confirmation of receipt with the subject "Confirmation of your order with LiveFresh – natural juices" by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The Customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping basket. The confirmation of receipt (order confirmation) constitutes the acceptance of the offer by the Provider. This summarises the content of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent by us to the Customer on a durable data medium (e-mail or paper printout). The text of the contract is stored in compliance with data protection laws.

(3) The contract shall be concluded in the languages: German.

Art. 3 Delivery, availability of goods, payment modalities
(1) Delivery times stated by us are calculated from the time of our order confirmation (Art. 2 (2) of these GTC), subject to prior payment of the purchase price.

(2) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without delay. In the event of a delay in delivery of more than two weeks, the Customer has the right to withdraw from the contract. Incidentally, in this case the Provider is also entitled to withdraw from the contract. In this case, the Provider will immediately refund any payments already made by the Customer.

(3) The following delivery restrictions apply: The Provider only delivers to Customers who have their usual place of residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland.

(4) The Customer can make the payment by PayPal, credit card, direct debit or by invoice (service provider Klarna).

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the Customer shall already be in default by missing the deadline.

(6) In the event of a return debit note by the buyer, a fee of €12.50 per return debit note shall be due.

Art. 4 Retention of title
Until full payment of the purchase price, the delivered goods remain the property of the Provider.

Art. 5 Prices and shipping costs
(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.

(2) The corresponding shipping costs shall be indicated to the Customer in the order form and shall be borne by the Customer unless the Customer exercises any right of revocation.

Art. 6 Warranty for material defects
(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 ff. of the German Civil Code (BGB). The warranty period for goods delivered by the Provider to companies is 12 months.

Art. 7 Liability
(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4) The provisions of the German Product Liability Act shall remain unaffected.

Art. 8 Notes on data processing
(1) The Provider collects data of the Customer within the framework of the processing of contracts. In doing so, it shall observe in particular the provisions of the German Data Protection Act and the German Telemedia Act. Without the Customer's consent, the Provider will only collect, process or use the Customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the utilisation and billing of telemedia.

(2) Without the Customer's consent, the Provider will not use the Customer's data for the purposes of advertising, market or opinion research.

Art. 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customers, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the registered office of the Provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points, if any, shall be replaced by the statutory provisions. However, insofar as this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Art. 10 Right of withdrawal
Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:

Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Contracts for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly, contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their Textual adaptation nature obligation.

Contracts for the supply of alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract but which can be supplied at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the company has no influence.

Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery, contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

The shelf life of our products – fresh juices is very limited. If not stored properly, the products will spoil very quickly. Due to this fact, the goods can no longer be sold after they have been returned. Thus, these are products within the sense of Section 312g II No.2 BGB which are quickly perishable or whose best-before date would quickly be exceeded. Therefore, our products are excluded from the right of withdrawal.

Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and Section 36 German Consumer Dispute Resolution Act (VSBG):
The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body.