General Terms And Conditions

General terms and conditions of business
General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Ines Mikwauschk) via the website livingpoint24.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) When you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.
By submitting the order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar term) you declare your legally binding acceptance of the offer, whereby the contract comes into effect.
 
(4) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different deadline is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements on payment methods offered

(1) Credit check
If we make advance payments, e.g. when paying by invoice or direct debit, your data will be passed on to Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, to protect our legitimate interests for the purpose of credit checks based on mathematical and statistical procedures . We reserve the right to refuse you payment by invoice or direct debit as a result of the credit check.

(2) Payment via SOFORT / instant transfer
If you select the payment method Sofort / Sofortüberweisung, payment is processed via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; “SOFORT”). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). The prerequisite for using the SOFORT payment method is that you have an online banking account that has been activated for this purpose. During the payment process as part of the order, you must identify yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. Further information about SOFORT can be found at https://www.klarna.com/sofort/.

(3) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna:
Invoice (“Pay Later”): The Klarna invoice terms and conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms and conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
The Klarna invoice terms and conditions for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; The conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.
Installment purchase (“Financing”): Further information on installment purchase including the general terms and conditions and the European standard information for consumer credit for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de /account; The terms and conditions for the “Pay in 3 installments” payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.
Further information on installment purchase including the general terms and conditions and the European standard information for consumer credit for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account; The terms and conditions for the “Pay in 3 installments” payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3.
Further information about Klarna and the Klarna Terms of Use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at /.
 
(4) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", 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; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “PayPal” can use other payment services for payment processing; If special payment conditions apply, you will be informed of these separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(5) Payment via “Mollie”
If you select a payment method offered via “Mollie”, payment will be processed via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via “Mollie” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “Mollie” can use other payment services to process payments; If special payment conditions apply, you will be informed of these separately. Further information about “Mollie” can be found at https://www.mollie.com/de.
 
§ 4 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 5 Warranty

(1) The statutory liability rights for defects apply.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of the same by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following warranty provisions apply:

a)  Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the goods, but not other advertising, public praise and statements made by the manufacturer.

b)  In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery.  If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

- for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that were used for a building in accordance with their normal use and caused its defects;
- in the event of legal recourse claims that you have against us in connection with defect rights.

§ 6 Choice of law

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer information

1. Identity of the seller

Ines Mikwauschk
Stedefreunder Str. 57
32051 Herford
Germany
Telephone: 05221-6915150
Email: [email protected]

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

We are neither willing nor obliged to take part in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. For offer requests outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Codes of conduct

4.1. We have subjected ourselves to the buyer seal quality criteria of the Gewerbebund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertification criteria.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment methods

6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs are not included in the purchase price.  They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.

6.3.  Any costs incurred for the money transfer (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

6.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

6.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your risk.

8. Statutory liability law for defects

Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).

These general terms and conditions and customer information were created by the dealer association's lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find further information at: https://www.haendlerbund.de/de/dienste/rechtssicherheit/agb-service.

last updated: 11/29/2023