Terms of service
GENERAL TERMS AND CONDITIONS
Company Name: Livoram
Business Address: Elzer Straße 99, 31137 Hildesheim, Germany
TABLE OF CONTENTS
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter "GTC") of Lingwen, DongGuan City YunLing Electronic Technology Co., Ltd (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby opposed unless something else has been agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
2) CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers from the Seller but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After the Customer has placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, they submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The Seller may accept the Customer's offer within five days by:
- Sending the Customer a written order confirmation or a confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
- Delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- Requesting the Customer to make payment after they have submitted their order.
If multiple of the above alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer submits the offer and ends with the expiration of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, the payment processing will occur through 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 PayPal's terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal during the online ordering process, the Seller hereby declares the acceptance of the Customer's offer at the moment the Customer clicks the button that completes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller after the contract has been concluded and will be sent to the Customer in text form (e.g., email, fax, or letter) after they have submitted their order. There is no further accessibility of the contract text by the Seller.
2.6 Before the binding submission of the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. A useful technical means for better recognition of input errors may be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contact generally occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered when using spam filters.
3) RIGHT OF WITHDRAWAL
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4) PRICES AND PAYMENT TERMS
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices. Value-added tax is not shown as the Seller is a small business within the meaning of the Value Added Tax Act. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If a payment method offered via the "PayPal" payment service is selected, the payment processing will occur via PayPal, which may also use the services of third-party payment service providers. If the Seller offers payment methods through PayPal where they advance payment to the Customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative result from the credit check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. In this case, they can only discharge their debt to PayPal or the payment service provider commissioned by PayPal. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and refunds.
4.4 If a payment method offered via the "Shopify Payments" payment service is selected, the payment processing will occur through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use additional payment services, for which special payment terms may apply, and the Customer will be separately informed of these. Further information about "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.
4.5 If a payment method offered via the "Klarna" payment service is selected, the payment processing will occur through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and the terms of Klarna can be found in the Seller's payment information, which can be viewed at the following internet address:
https://byelara.de/pages/zahlungsbedinungen
5) DELIVERY AND SHIPPING TERMS
5.1 If the Seller offers shipping of the goods, the delivery will occur within the delivery area specified by the Seller to the address provided by the Customer unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending if the Customer effectively exercises their right of withdrawal. The provision regarding return shipping costs in the Seller's cancellation policy applies if the Customer effectively exercises their 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 hands over the item to the carrier, freight forwarder, or another person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the Customer or a designated recipient. By way of deviation, the risk of accidental loss and accidental deterioration of the sold goods also passes to consumers as soon as the Seller hands over the item to the carrier, freight forwarder, or another person or institution designated to carry out the shipment if the Customer has commissioned the carrier, freight forwarder, or another person or institution with the execution 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 only applies if the non-delivery is not attributable to the Seller and they have concluded a specific covering transaction with the supplier with the necessary diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded promptly.
5.5 Self-collection is not possible for logistical reasons.
6) RETENTION OF TITLE
If the Seller provides services in advance, they retain ownership of the delivered goods until full payment of the purchase price owed has been made.
7) LIABILITY FOR DEFECTS (WARRANTY)
7.1 Unless otherwise provided in the following provisions, the statutory provisions of liability for defects apply. By way of deviation, 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;
- the limitation period for defects in new goods is one year from the delivery of the goods;
- rights and claims due to defects are excluded for used goods;
- the limitation period does not restart if a replacement delivery occurs in the context of liability for defects.
7.3 The liability limitations and time reductions set out above do not apply to:
- claims for damages and reimbursement of expenses by the Customer;
- if the Seller has fraudulently concealed the defect;
- goods that have been used for a building according to their usual use and caused its defectiveness;
- any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the reporting obligations set out there, the goods shall be deemed approved.
7.6 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damages to the carrier and inform the Seller. If the Customer fails to do so, this shall have no impact on their statutory or contractual claims for defects.
8) REDEMPTION OF PROMOTIONAL VOUCHERS
8.1 Vouchers issued by the Seller as part of promotions with a specific validity period free of charge, which cannot be purchased by the Customer (hereinafter "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before completing the ordering process. A subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
8.7 The balance of a promotional voucher will neither be paid out in cash nor earn interest.
8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.
8.9 The promotional voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, lack of capacity to act, or lack of representation of the respective holder.
9) APPLICABLE LAW
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10) ALTERNATIVE DISPUTE RESOLUTION
10.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.