Terms of service
1 General
1.1 Our General Terms and Conditions (“GTC”) via our online store http://www.livinta.com, operator: Felicia Optehostert, apply to all contracts that a consumer or entrepreneur concludes with the seller with regard to the goods and/or services presented by the seller in his online offer. The inclusion of the customer's own terms and conditions (consumer or entrepreneur) is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity that is acting in the exercise of its independent activity when concluding a legal transaction.
1.3 Livinta may at any time suspend; restrict the Website or any part thereof and/or limit access to any part of the Website.
2 Conclusion of contract
2.1 Offers in the form of product presentations on our online portal are non-binding and do not constitute offers in the legal sense. Prices and sizes are subject to change and errors excepted. Likewise, the provider is not responsible for the infrastructure of the website and cannot guarantee that the website will always be available.
2.2 Images in the product presentations are for illustrative purposes only. In particular, it should be noted that the colors of some products may be shown differently in images.
2.3 Products selected by the customer are placed in a virtual shopping cart. Until the final order is placed by clicking on the “Buy now” button, the customer can change or correct the contents of his shopping cart as well as customer, delivery and payment details at any time. Only the customer's order constitutes a binding offer. If the customer does not complete an order, it is possible that the shopping cart will no longer contain the previously selected products when the online portal is called up again at a later date or will be found differently; this may be for technical reasons or due to a change in availability in the meantime.
2.4 Once the order has been placed, an automatic order confirmation will be sent to the customer at the email address provided. This order confirmation merely represents the receipt of the order by the provider. The purchase contract is concluded upon full payment of the purchase price.
2.5 After completion of the purchase/rental process conducted electronically via the Internet, the customer expressly recognizes these General Terms and Conditions as solely authoritative for the legal relationship between him and the provider.
2.6 The provider shall send the customer further data relating to the order (e.g. products, prices, quantities, etc.) in text form with the order confirmation. The current GTC can and should be called up on the pages of the online portal.
3 Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal. In order to exercise your right of revocation, you must inform us: Livinta Vintage & Antiques - Felicia Optehostert; Krefelder Str 197a, 52070 Aachen; Tel.: 0151-14651640 ; Fax: 02421-15432 ; Email: hello@livinta.com of your decision to revoke this contract by means of a clear declaration (e.g. email). To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
3.1.1 When concluding a purchase contract, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
3.1.2 When concluding a rental contract, you have the right to withdraw from this contract within 24 hours without giving any reason. The revocation period is 24 hours from the time at which you or a third party named by you, who is not the carrier, have taken possession of the goods.
3.2 Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days of the start of the withdrawal period at the latest.
3.3 The right of withdrawal expires as soon as the security label is removed. This indicates that the goods have already been worn. This note must be observed before the label is removed!
3.4 In the case of digital products (e.g. e-books), the right of withdrawal expires when the product is downloaded for the first time. This indicates that the product has already been opened / used. This note must be observed before the download is started!
4 Use of rental items
4.1 Careful handling: The customer is obliged to handle the rental items supplied with care. Rental items may not be passed on for use or rental by third parties; in any case, it must be ensured that the rental item is used exclusively by one person. Alterations to rental items are also not permitted.
4.2 Cleaning: The customer must return the rental items to us in the condition specified in the rental agreement. All products are professionally cleaned by us and are ready to wear immediately upon delivery to the customer, which is checked before dispatch to the customer. The customer is prohibited from cleaning the rental items or having them cleaned.
4.3 If the customer discovers damage to a rental item upon receipt or during the rental period, he is obliged to inform us immediately. The same applies if a rental item is damaged by the customer or a third party during the rental period.
5 Prices and terms of payment
5.1 The price offered by the seller is binding. The statutory value added tax is included in the price. Additional costs are not included in the price. Delivery and shipping costs are stated separately in the respective product description / online offer.
5.2 Payment can be made in advance by bank transfer, credit card or PayPal. We reserve the right to exclude individual payment methods. If the customer selects “PayPal” as the payment method during the online order process, he/she also issues a payment order to his/her payment service provider by clicking the button that concludes the order process. If the payment method “advance bank transfer” is selected, we will provide you with the bank details. The invoice amount is due immediately after order confirmation.
6 Shipping and delivery conditions
6.1 Unless otherwise agreed, goods shall only be delivered to the delivery address specified by the customer upon receipt of payment by the seller. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
6.2 Delivery shall only be made within the EU, with the exception of the East Frisian Islands, North Frisian Islands and Hiddensee.
6.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.
6.3 Self-collection is also possible by arrangement.
7 Retention of title
The delivered goods remain the property of the seller until the deferred purchase price has been paid in full
8 Liability of the customer for rental items
8.1 The customer shall be liable for damage to the rented item if it cannot be repaired by a company commissioned by us. Damage is deemed to be repairable if the rental item can be rented out again after repair by us as being free of defects compared to its new condition. The customer is strictly prohibited from repairing the damage himself. The amount of damage shall be based on the sales price stated in the online portal at the time the rental item was ordered.
8.2 Provided that the customer returns the rental item concerned to us in good time and notifies us of any damage to the rental item, the customer's liability for damage not caused intentionally (repairable or irreparable) to the rental item itself is limited to 50% of the sales price stated in the online store at the time the rental item was ordered. However, the provider may also claim any loss of use.
8.3 In the event of theft, the customer is liable for the sales price of the item stated at the time the rental item was ordered. The customer is advised to file a claim with his insurance company.
9 Warranty
The warranty is governed by the statutory provisions. If used goods are the subject of the purchase contract and the buyer is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty period for the purchase of used goods is one year.
10 Applicable law
10.1 German law shall apply exclusively. This choice of law shall only apply to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.
10.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business (namely the Düren Local Court in the Aachen Regional Court district). If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
11 Data protection
11.1 When initiating, concluding, processing and reversing a purchase contract, we collect, store and process data in accordance with the statutory provisions.
11.2 When you visit our website, the IP address currently used by your PC, the date and time, the browser type and operating system of your PC and the pages you view are logged. However, this does not allow us to draw any conclusions about personal data and is not intended to do so. The personal data that you provide to us, e.g. when placing an order or by e-mail (e.g. name and contact details), will only be processed for correspondence with you and only for the purpose for which you have provided us with the data. We only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, we pass on your payment data to the credit institution commissioned with the payment.
11.3 We assure you that we will not pass on your personal data to third parties unless we are legally obliged to do so or you have given your express prior consent. If we use the services of third parties to carry out and handle processing operations, the provisions of the Federal Data Protection Act will be complied with.
11.4 Duration of storage: Personal data provided to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled. If retention periods under commercial and tax law must be observed, certain data may be stored for up to 10 years.
11.5 Your rights: If you no longer agree to the storage of your personal data or if it has become incorrect, we will arrange for your data to be deleted, corrected or blocked in accordance with the statutory provisions if you instruct us to do so. Upon request, you will receive information free of charge about all personal data that we have stored about you. If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact us directly via email: hello@livinta.com
12 Final provisions
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.