Terms of Service
The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and traders.
"Consumer" means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
"trader" means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
For traders the following applies: If the trader uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
2. Contractual partner, formation of contract, correction facilities
The contract is concluded with Livario GmbH.
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: English
We save the text of the contract and forward the order data and our General Terms to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.
4. Delivery conditions
All prices include VAT. Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
You are entitled to collect your order from Livario GmbH, Elso-Kloever-Strasse 9, 21337 Lueneburg, Germany during the following hours of business: 9am-6pm, Mon-Fri.
5. Free return from Germany
Customers residing in Germany can return the goods free of charge via our return portal. The free return shipping label has to be created and printed out in our return portal at http://go.livario.com. If we deliver to consumers outside of Germany, shipping costs will not be refunded in case of cancellation. This also applies to the return costs.
The following payment methods are basically available in our online shop:
Payment in advance
If you select payment in advance we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
With the submission of the order, you are sending us your credit card details at the same time.
Your card will be charged immediately after placing your order.
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.
The invoice amount is due 7 days upon receipt of the invoice and the goods by bank transfer to our bank account. We reserve the right to allow payment by invoice only after we verify your credit rating.
7. Right to cancel
You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.
8. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.
9. Damage during delivery
For consumers the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.
10. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract. Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply.
Restrictions in relation to businesses and merchants ("Kaufleute")
The below mentioned limitations and reductions of time periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a voluntary guarantee, if agreed, or
- within the scope of application of the Produkthaftungsgesetz (the German Product Liability Act).
In relation to businesses, only our own specifications 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 accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, 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 subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.
Provisions for merchants ("Kaufleute" in accordance with HGB - German Commercial Code)
Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
Voluntary guarantees and customer service
Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: Tel: (UK) +(00)44 20 39663370 / (US) +(00)1 646 8441914. Customer Service Email: https://hilfe.dirndl.com/en/support/tickets/new
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents:
• for injury to life, limb or health
• for deliberately or grossly negligent breach of duty
• for guarantee commitments, where agreed
• insofar as the scope of application of the Consumer Rights Act 2015 is open
• in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.
Ceteris paribus, claims for compensation for damages are excluded.
12. Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.
The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.
13. Final provisions
If you are a trader, German law applies, to the exclusion of the UN Sales Convention.
If you are a Merchant ("Kaufmann") within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.