GTC
GENERAL TERMS AND CONDITIONS
Terms and conditions in the context of purchase contracts concluded via the platform https://livefresh.de
between
LiveFresh GmbH
Take-Off Gewerbepark 27c
- 78579 Neuhausen ob Eck
Tel.: +49 7467 742 3100
Mail to: hello@livefresh.de
Managing Directors: Simon Storz, Benedikt Schellinger
Stuttgart Local Court HRA 731496
Personally liable partner: LiveFresh Verwaltungs GmbH
Amtsgericht Stuttgart HRB 754449
- hereinafter referred to as "Provider" -
and
are concluded with the users of this platform specified in § 2 of these GTC - hereinafter referred to as "Customer/Customers".
§ 1 Scope of application
The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart using the "add to cart" button. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order at LiveFresh - natural juices" by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. It summarizes the content of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations.
(3) The contract is concluded in the following languages: German.
§ 3 Delivery, delivery conditions, transfer of risk, retention of title, Availability of goods, payment terms
(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), subject to prior payment of the purchase price.
(2) If the product designated by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland.
(4) LiveFresh only sends orders for goods to addresses in Germany, Austria, the Netherlands and Switzerland that can be delivered by a delivery service. We do not ship to automated parcel or packing stations.
(5) Delivery addresses can be changed as long as no shipping confirmation has been issued. Once the shipping notification has reached the customer, no further changes can be made.
(6) The customer must ensure that personal delivery of the goods is possible at the delivery address specified by you.
(7) If personal delivery of the goods is not possible, the contract can also be fulfilled by delivery of the goods to a neighboring household or business. Neighboring households or businesses are recipients who are located in the same building as the addressee. In addition, deliveries can be made to recipients in a neighboring household who are within walking distance of the delivery address. Alternatively, the goods can be delivered to a parcel store, provided you inform the deliverer of this.
(8) If you have issued a drop-off authorization, the contract can also be fulfilled by leaving the goods at the location of the delivery address specified by you, which is accessible to the delivery driver. In this case, you must ensure that the drop-off location is specified as precisely as possible. Any ambiguities in the specification of the drop-off location shall be borne by the customer. LiveFresh is not obliged to check the suitability of the drop-off location specified by the customer.
(9) By delivery to a neighboring household, business or parcel store or by placing the goods at the specified delivery address in accordance with the instructions, the risk of loss and/or damage to the goods shall pass to the customer, provided that the customer has authorized the aforementioned delivery or placement for the individual case or permanently and the delivery of the goods has taken place.
(10) If neither a personal handover of the goods at the delivery address is possible nor the handover to a neighboring household, business or parcel store is permitted by the customer and if there is also no drop-off authorization, the customer shall be in default of acceptance. LiveFresh is not obliged to make a further delivery attempt. In all other respects, the statutory provisions shall apply to the consequences of default of acceptance.
(11) The customer can pay by PayPal, credit card, direct debit or on account (service provider Klarna).
(12) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline.
(13) Discount campaigns are only valid for the period advertised. This also applies to discount codes issued by third parties, such as influencers, on behalf of LiveFresh, in relation to the promotion period communicated by them.
§ 4 Retention of title
The delivered goods remain the property of the supplier until the purchase price has been paid in full.
§ 5 Prices and shipping costs
(1) All prices stated on the supplier's website include the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of withdrawal.
§ 6 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for items delivered by the provider to entrepreneurs is 12 months.
§ 7 Liability
(1) Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages. damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Information on data processing
(1) The provider collects data of the customer in the context of the processing of contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider shall only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the customer's consent, the provider shall not use the customer's data for the purposes of advertising, market or opinion research.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.
§ 10 Right of withdrawal
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
contracts for the supply of goods which can spoil quickly or whose expiry date would be quickly exceeded, contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
contracts for the supply of goods, if, after delivery, they have been inseparably mixed with other goods due to their nature,
Contracts for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market, over which the trader has no influence,
Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery, contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
The shelf life of our products - fresh juices is very limited. In the event of improper Storage causes the products to spoil very quickly. Due to this fact, the goods can no longer be sold after return. These are therefore products within the meaning of Section 312g II No. 2 BGB that are perishable or whose best-before date would be quickly exceeded. There is therefore no right of withdrawal for contracts for the delivery of perishable foodstuffs. The statutory right of withdrawal remains unaffected for non-perishable goods.
Alternative dispute resolution in accordance with § 36 VSBG:
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.