GTC
Contract conditions within the framework of sales contracts via the platform https://livefresh.de
between
LiveFresh GmbH
Am Take Off commercial park 27c
D - 78579 Neuhausen OB Eck
Tel.: +49 7467 742 3100
Mail to: Halle@livefresh.de
Managing Director: Simon Storz, Benedikt Schellinger
District Court Stuttgart HRA 731496
Personal partner: LiveFresh Verwaltungs GmbH
District Court Stuttgart HRB 754449
- In the following "provider" -
and
The users of this platform - hereinafter referred to in § 2 of these GTCs - hereinafter "customer/customer" - are closed.
§ 1 scope
The following general terms and conditions only apply to the business relationship between the provider and the customer in their version valid at the time of the order. Different conditions of the customer are not recognized, unless the provider expressly approves their validity in writing.
§ 2 Contract conclusion
(1) The customer can select products from the provider's range and collect them in a so -called shopping cart using the "In the shopping cart" button. Via the "Buy now" button, he submits a binding application to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order from LIVEFResh-natural juices" by email, in which the customer's order is listed again and the customer about the "Print" function can print out. The order of the customer (1) represents the offer to conclude the contract with the respective content of the shopping cart. The receiving confirmation (order confirmation) represents the acceptance of the offer by the provider. In this, the content of the order is summarized. In this email or in a separate email, but at the latest when the goods are delivered, the contract text (consisting of order, terms and conditions and order confirmation) will be sent to the customer on a permanent data carrier (email or paper printout). The contract text is stored while data protection.
(3) The contract is concluded in the languages: German.
§ 3 delivery, availability of goods, payment modalities
(1) Delivery times specified are calculated from the time of our order confirmation (§ 2 (2) of this GTC), required prior payment of the purchase price.
(2) If the product specified by the customer in the order is only temporarily not available, the provider also informed the customer immediately. With a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case, the provider is also entitled to remove from the contract. Here he will immediately reimburse the customer's payments made.
(3) There are the following delivery restrictions: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can indicate a delivery address in the same country: Germany, Austria, Switzerland.
(4) The customer can make payment via PayPal, credit card, direct debit or on account (service provider Klarna).
(5) The payment of the purchase price is due directly with the conclusion of the contract. If the due date of the payment after the calendar is determined, the customer is already in arrears by failing the appointment.
(6) In the case of a return debit by the buyer, a fee of € 12.50 per return debit is due.
§ 4 Reference to Reference
The delivered goods remain owned by the provider until the purchase price is paid in full.
§ 5 prices and shipping costs
(1) All prices given on the provider's website are understood, including the applicable statutory sales tax.
(2) The corresponding shipping costs are given to the customer in the order form and must be borne by the customer, unless the customer uses any right of withdrawal.
§ 6 Sach defenders
(1) The provider is liable for material defects in accordance with the legal regulations applicable for this, in particular §§ 434 ff. BGB. The warranty period for things supplied by the provider is 12 months to entrepreneurs.
§ 7 liability
(1) Claims of the customer are excluded. This excludes the customer's claims for damages from the violation of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the case of the violation of essential contractual obligations, the provider is only liable to the contractual, predictable damage if it was simply caused negligent, unless it is claims for damages by the customer from a violation of life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Information on data processing
(1) The provider collects data from the customer as part of the handling of contracts. In particular, he observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the customer 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 use and settlement of telemedia.
(2) Without the customer's consent, the customer will not use the customer's data for advertising, market or opinion research purposes.
§ 9 final provisions
(1) The law of the Federal Republic of Germany is applied to contracts between the provider and the customer, excluding the UN sales law and international private 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 from contractual relationships between the customer and the provider is the seat of the provider.
(3) The contract remains binding in its other parts even if individual points are legally ineffectiveness. If available, the legal regulations occur instead of the ineffective points. Insofar as this would be an unreasonable hardness for a contracting party, the contract will be ineffective as a whole.
§ 10 Right of withdrawal
Unless otherwise agreed, the right of withdrawal exists, unless the parties have agreed:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination of the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of goods that can quickly spoil or whose expiry date would be exceeded quickly, contracts for delivery of sealed goods that are not suitable for return due to health protection or hygiene if their seal has been removed after delivery,
Contracts for the delivery of goods if they were inseparably mixed with other goods due to their duty, due to their duty.
Contracts for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations on the market on which the entrepreneur has no influence,
Contracts for the delivery of sound or video recordings or computer software in a sealed pack, if the seal was removed after delivery, contracts for the delivery of newspapers, magazines or illustrated ones with the exception of subscription contracts.
The shelf life of our products - fresh juices is very limited. If it is not properly stored, the products spoil very quickly. Due to this fact, the goods can no longer be sold after return. This means that they are products within the meaning of Section 312g II No. 2 BGB, which are quickly perishable or whose best -before date would be exceeded quickly. That is why our products are excluded from the right of withdrawal.
Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you are under http://ec.europa.eu/consumers/odr/ find. We are not obliged to participate in a dispute settlement procedure in front of a consumer arbitration board.