General terms and conditions

1. Scope of application

The following terms and conditions apply to all orders via our online store by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract, correction possibilities

The purchase contract is concluded with Liwela GmbH.

By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can place our products in the shopping cart without obligation at first and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The languages available for the conclusion of the contract: English, German, Spanish, Polish

We save the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

4. Terms of delivery

In addition to the indicated product prices, shipping costs may be incurred. You will find more detailed information about possible shipping costs in the offers.

You have the possibility of picking up your order at Liwela GmbH, Hansastr. 49, 81373 Munich, Germany during the following business hours: Mon – Fri 10:00 – 17:00

5. Payment

In our store you can choose between the following payment methods:

Prepayment
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
When you place your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged

PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we will ask PayPal to initiate the payment transaction. The payment transaction will be executed automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process

Sofort by klarna
After placing your order you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that is activated for online banking, legitimize yourself accordingly and confirm the payment order to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Giropay
After placing the order you will be redirected to the website of your bank. In order to pay the invoice amount via Giropay, you must have a bank account activated for online banking, you must legitimize yourself accordingly and confirm the payment order to us. You will receive further instructions during the ordering process. The payment transaction will be executed immediately afterwards and your account will be debited.

iDEAL
After placing your order you will be redirected to the website of the online provider iDEAL. In order to be able to pay the invoice amount via iDEAL, you must have a bank account activated for online banking, you must legitimize yourself accordingly and confirm the payment order to us. You will receive further instructions during the ordering process. The payment transaction will be executed by iDEAL immediately afterwards and your account will be debited.

6. Right of withdrawal

Consumers are entitled to the legal right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of revocation.

7. Retention of title

The goods remain our property until full payment is received.
For entrepreneurs the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations

8. Transport damage

The following applies to consumers: If goods with obvious transport damage are delivered, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the legal limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not be liable for public statements by the manufacturer or other advertising statements.
If the delivered goods are defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by supplying a defect-free item (replacement).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty and fraudulent intent
  • in case of violation of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed, or
  • as far as the scope of application of the product liability law is opened.

Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online store.

Customer Service: You can contact our customer service for questions, complaints and objections on workdays from 10:00 a.m. to 5:00 p.m. by phone at 49 89 / 20005140 and by e-mail at info@liwela.com.

10. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty
  • in the case of guarantee promises, if agreed, or
  • as far as the scope of application of the product liability law is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected.
Otherwise, claims for damages are excluded.

11. Code of conduct

We have subjected ourselves to the following codes of conduct:

• • Trusted Shops

12. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here We are prepared to participate in an out-of-court conciliation procedure before a consumer conciliation body. Responsible is the universal arbitration board of the federation at the center for arbitration registered association, Strassburger road 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de

13. Final provisions

If you are an entrepreneur, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.