§ 1 Scope and Provider
(1) These terms and conditions govern the legal relationship between the
Living & Dreams International Trading UG (limited liability)
CEO: M. Wickert
District Court Cologne HRB 96052
(hereinafter referred to as “Living and Dreams”)
and the clients / buyers – hereinafter referred to as “customer”. The terms and conditions apply to all orders made by a customer, be it an entrepreneur or consumer, in our online shop.
Our terms and conditions are based on the German Civil Code hereinafter referred to as “BGB”
According to § 13 BGB (German Civil Code), a consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor his independent professional activity.
In accordance with § 14 BGB, the entrepreneur is any natural or legal person or legal partnership who, in the course of concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
(2) The product range in our online shop is exclusively aimed at buyers who have reached the age of 18 years.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
(4) Contract language is exclusively German an English.
(5) You can retrieve and print out the currently valid General Terms and Conditions at http://www.livinganddreams.de/allgemeine-geschaeftsbedingungen/ in german language and https://www.livinganddreams.com/general-terms-and-conditions/ in english.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking on the button [“order now”] you submit a binding offer (§ 145 BGB). Immediately before submitting this order, you can recheck the order and correct it if necessary.
(3) Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you without prior express acceptance. The order confirmation will be sent by email.
§ 3 Prices
The prices stated on the product pages include German VAT and other price components and are exclusive of the respective shipping costs. Further information about shipping costs can be found on our website at https://www.livinganddreams.com/transport-costs/ and https://www.livinganddreams.com/delivery-terms/
§ 4 Terms of payment / Delay
1) The payment is optional:
in advance, invoice, credit card, or by Paypal.
(2) We are responsible for the selection of the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk, only advance payment.
(3) When selecting the payment method “in advance” we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 7 days after receipt of the order confirmation.
(4) When selecting the payment method “invoice” we will give you our bank details in the order confirmation. The purchase price is due upon receipt of goods and invoice and must be paid within 7 days.
(5) When paying by credit card or direct debit, the entries of the customer data required for payment are made during the ordering process via a secure internet connection to PayPal.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You’ll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.
§ 5 Set-off / Right of retention
(1) You are only entitled to set-off if your counter-claim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery / Retention of title
(1) Unless otherwise agreed, the delivery of the goods from our warehouse, or directly from the manufacturer of the products ordered by you, to the address specified by you.
(2) A charge shall only be made in quantities customary in the household.
(3) The goods remain our property until full payment of the purchase price.
(4) Exceptionally, we are not obliged to deliver the ordered goods if we have ordered the goods properly on our part, but have not been supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of product availability and have informed you of this fact without delay. In addition, we must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods, which is described only by their nature and their characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we order from our suppliers.
(5) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
- We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 Cancellation Policy
In the event that you are a consumer within the meaning of § 13 BGB, ie the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
Living & Dreams International Trading UG (limited liability)
E-Mail: info @ livinganddreams.com
Telephone: +49 221 975809 66
by means of a clear statement (eg a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have the goods immediately and in any event not later than fourteen days from the date on which you inform us of the revocation of this contract to us or to [possibly Name and address of a person entitled to receive the goods]. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Model withdrawal form
If you want to revoke the contract, please fill out this form and send it back.
Living & Dreams International Trading UG (limited liability)
E-Mail: info @ livinganddreams.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*):
Ordered on (*) / received on (*)
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
End of revocation
(1) Unless otherwise agreed by the parties, 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 delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery.
(2) Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against transport damage, in order to avoid claims for damages due to defective packaging.
(3) Please call us before returning to +49 221 975809 66 to announce the return. In this way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damages, please complain such errors immediately to the deliverer and please contact us as soon as possible.
(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the period of liability for warranty claims for used goods – contrary to the legal provisions – is one year. This restriction does not apply to claims based on damages resulting from injury to life, limb or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal duty) as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) For the rest, the statutory provisions, in particular the two-year limitation period according to § 438 para. 1 no. 3 BGB, shall apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:
For the condition of the commodity only our own data and the product description of the manufacturer are binding, not however public praises and expressions and other advertisement of the manufacturer.
You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
In the case of defects, we provide warranty at our discretion through repair or replacement (supplementary performance). In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
If the subsequent performance fails twice, you can request a reduction or withdraw from the contract at your option.
The warranty period is one year from date of delivery.
(5) The product images on the website may differ in color and appearance from the actual articles. Information about the products is not a guarantee. An additional guarantee exists for the goods delivered by Living and Dreams only if this was indicated on the website for the respective article. In this case you will also find the warranty conditions of the product manufacturer.
§ 10 Liability
(1) Unlimited liability: We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons.
(2) For the rest, the following limited liability applies: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal duty). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached at the external link http://ec.europa.eu/consumers/odr/.
We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obligated to participate in a conciliation procedure and unfortunately can not offer you participation in such a procedure.
§ 12 Privacy
Living and Dreams collect, process and use the personal data in accordance with and in accordance with the European General Data Protection Regulation (GDPR).
§ 13 Final Provisions
(1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
(2) Exclusively German law is applicable to contracts between us and you excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, “UN Purchase Law”). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a public law special fund, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.