Terms of service

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General Terms and Conditions with Customer Information

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Table of contents

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  1. Scope
  2. Conclusion of the contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Terms of delivery and shipping
  6. Cancellation
  7. Retention of title
  8. Liability for defects (warranty)
  9. Packaging
  10. Applicable law
  11. Alternative dispute resolution

 

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of MDS Handels- und Dienstleistungs-GmbH, trading as "Livinda" (hereinafter "Seller"), apply to all contracts for the supply of goods that a consumer or trader (hereinafter "Customer") concludes with the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or self-employed profession. For the purposes of these GTC, a trader is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade or self-employed profession.

 

2) Conclusion of the contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods 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 an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or

- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or

- by requesting the Customer to pay after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending 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, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed by 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 the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time 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 stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has sent their order. The Seller does not make the text of the contract accessible beyond this.

2.6 Before placing a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 German, French, Italian and English are available as languages for concluding the contract.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

 

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

3.3 The following special rules apply to the exercise of the right of withdrawal:
a) For contracts for the supply of sofas, the withdrawal period is 30 days.
b) For contracts for the supply of all other products (e.g. tables, mirrors, blankets), the withdrawal period is 14 days.
c) In the event of withdrawal from a contract for a product under letter b), the Customer bears the direct costs of returning the goods.

 

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices that include statutory VAT. Any additional delivery and shipping costs are stated 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 payment by credit card or TWINT is selected, payment is processed by the payment service provider Mollie B.V., Amsterdam, Netherlands (hereinafter "Mollie"). For payments with TWINT, TWINT AG, Zurich, Switzerland, is also involved. The invoice amount is due immediately upon conclusion of the contract. Further information on Mollie is available online at https://www.mollie.com.

 

5) Terms of delivery and shipping

5.1 Goods are delivered by shipping to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s order processing is decisive for processing the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provisions of the Seller’s cancellation policy apply to the return costs.

5.3 Collection by the Customer is not possible for logistical reasons.

 

6) Cancellation

6.1 This cancellation clause applies only to the purchase of sofas. Within the first seven days after conclusion of a contract for the delivery of a sofa, the Customer may cancel their order free of charge.

6.2 To cancel, the Customer must inform us of their wish to cancel by email or post, stating the order number and contact details; receipt of the cancellation by us is decisive.

6.3 In the event of cancellation within the seven days, the full purchase price will be refunded without deduction. The refund will be made within 14 days of our confirmation of the cancellation.

 

7) Retention of title

If the Seller performs in advance, it retains title to the delivered goods until the purchase price owed has been paid in full.

 

8) Liability for defects (warranty)

8.1 If the purchased item is defective, the statutory provisions on liability for defects apply.

8.2. The Customer is asked to check delivered goods upon delivery for externally visible transport damage and for completeness (in particular the number of packages). Obvious transport damage or visible missing quantities should be reported to the delivery agent immediately and, where possible, noted on the delivery receipt/delivery note. The Customer should inform the Seller of this promptly, if possible within 24 hours of delivery, in text form (e.g. email). Failure to do so has no effect on the Customer’s statutory or contractual warranty claims.

8.3 With regard to traders, Section 377 of the German Commercial Code (HGB) remains unaffected. The trader must inspect the goods without delay after delivery and report any missing quantities/transport damage without delay in text form.

8.4 With textile covers, slight deviations in colour, structure, sheen and feel that are customary in the industry may occur – in particular due to different production batches and material lots as well as natural influences (e.g. exposure to light/ageing). This applies in particular to subsequent orders (e.g. replacement covers or additional modules) at a later date. Even with identical fabric or colour designations, slight deviations from existing covers may occur. Such slight deviations customary in the industry do not constitute a defect. The Customer’s statutory rights in the event of significant deviations remain unaffected.

 

9) Packaging

For logistical reasons, packaging resulting from the delivery of our products cannot be taken back by us. The Customer is responsible for disposing of all packaging materials properly.

 

10) Applicable law

 

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

 

11) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.