Terms and conditions

General terms and conditions


LIVOS Pflanzenchemie Forschungs- und Entwicklungs GmbH & Co. KG
Auengrund 10
29559 Wrestedt
Germany

- Subsequently provider –

The European Commission provides a platform for Online Dispute Resolution. The platform is available at http://ec.europa.eu/consumers/odr/
Our email address is: info@livos.co.uk

§ 1 Scope of application

(1) The Provider's services for the online store at www.livos.co.uk are made exclusively on the basis of the following terms and conditions in the version effective at the time of order.

(2) Our general terms and conditions apply exclusively. From our general terms and conditions deviating conditions of the purchaser shall not be valid unless they were agreed upon expressly.

§ 2 Conclusion of the contract

(1) Our offers in the Internet represent a non-binding invitation to the customer to order goods. By sending the order via our website, the customer makes a binding offer to conclude a contract.

(2) The confirmation of receipt of the order follows immediately after sending the order and does not constitute an acceptance of the contract. We can accept your order by sending an order confirmation by email within 2 working days.

§ 3 Payment, Default of payment

(1) The prices mentioned on our website at the time of placing the order are valid. All prices apply including the legal value added tax plus shipping charges.

(2) Payment is possible by bank transfer / prepayment and credit card.

(3) Should the customer default in payment, we are entitled to claim 5% interest above the base of the European Central Bank. In the event that we make a higher default damages, the buyer has the opportunity to demonstrate that the alleged damage caused by delay did not occur at all or at least in a significantly lesser extent.

§ 4 Reservation of title

We shall retain proprietorship of the subject of purchase until all payments have been received for all claims from the contract of delivery.

§ 5 Delivery

(1) Delivery shall be carried out within 3-5 days in case of standard delivery within Germany. Information about the delivery time in case of express shipping, about delivery to other countries and about calculating the delivery time can be found here. Any differing delivery times are indicated on the appropriate product page.

The beginning of the time of delivery specified by us implies the timely and proper fulfillment of the customer's obligations, in particular the correct specification of the delivery address as part of the order.

(2)  If the provider, through no fault of his own, is unable to supply the ordered goods, because the provider´s supplier fails to meet its contractual obligations, the customer will be informed immediately that the ordered product is not available. Payments already rendered by the other party will be refunded immediately. The legal rights of the customer remain unaffected.

(3) In case the customer is a company, the risk of deterioration or loss of the goods passes to the customer at the moment of the handover of the delivery item to the shipping company. If the dispatch or delivery of goods is delayed due to reasons for which the customer is responsible, then the risk is transferred to the customer on the day of notification of readiness for shipment of the delivery item.

§ 6 Default of Acceptance

(1) If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damages occurred including any additional expenses.  The right to make any further demands is reserved.

(2) During the payment default, interest will be charged on the sales price. The interest rate shall amount to 5 percentage points above the base interest rate per annum. For transactions between entrepreneurs the interest rate shall amount to 8 percentage points above the base interest rate per annum.

(3) The customer for their part shall retain the right to prove that damages in the amount requested were not incurred at all or at least to a significantly lower amount. The risk of accidental loss or accidental deterioration of the goods passes to the customer in the moment in which the acceptance or payment of the goods are delayed.

§ 7 Warranty

(1) In the event of a defect, the customer shall be entitled to demand either rectification or replacement delivery. We are entitled, however, to refuse the type of subsequent performance chosen by the customer if it is only possible with a disproportionate amount of costs and the other type of subsequent performance remains without considerable disadvantages for the customer.

(2) If the subsequent performance failed or if we have refused the subsequent performance altogether, the customer can demand a reduction of the purchase price or declare withdrawal from the contract. Any eventual claims for damages by the customer shall remain unaffected.

(3) If the Customer is an entrepreneur as defined by Section 14 of the German civil code, the following conditions for the warranty claims of the customer apply: Obvious defects must be indicated to the provider immediately, the latest within 14 calendar days after delivery of the goods, in written form. Concealed defects must be indicated to the provider without delay, the latest within 14 calendar days after they are notified, in written form.

If a notification of defects is not submitted in due time, the warranty rights of the customer are excluded in view of the defect that has not been reported in due time. However, this does not apply if the defect was fraudulently concealed by the seller or if the seller has given a corresponding guarantee of the quality of the goods.

The warranty of the customer shall lapse - except in the case of claims for damages - twelve months after delivery of the goods to the entrepreneur.

§ 8 Limitation of Liability

(1) For minor negligence or dereliction of duty, the liability of the Seller and other agents employed in the performance is limited to the kind of damage that is predictable and typical and average for this kind of goods.

In case of slightly negligent breaches of duty of non-important contractual obligations, whose breach do not endanger the execution of the contract, neither the seller nor the agents employed in the performance are liable.

(2) The aforementioned limitation or exclusion of liability shall not apply to claims arising from product liability or warranty claims as well as in case of claims arising from physical injury, injury to health or loss of life.

§ 9 Data protection

We treat your personal data confidentially and in accordance with the legal data protection regulations. A transfer of your data without your explicit permission provided that this is not necessary for the completion of the contract, for example to the company entrusted with the delivery of the products.

§ 10 Applicable Law and Jurisdiction

(1) The laws of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Sales Convention.  This choice of law applies only to the extent that the consumer is not deprived from the mandatory consumer protection standards.

(2) If the parties to this agreement are business people, the place of jurisdiction shall be the court of law in our place of business WRESTEDT unless a specific place of jurisdiction has to be used for the dispute. This also applies if the customer does not reside within the European Union.

§ 11 Final Provision

If any provision of this contract proves to be invalid or unenforceable, the rest of this contract shall not be affected.

Viewed