General Terms and Conditions

1. scope of application

1.1 The business relationship between Living Root GmbH, Johann-Georg-Gademann-Straße 4, 97424 Schweinfurt (hereinafter "Seller") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2 The customer can reach customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 1:00 p.m. on the telephone number 09721 4768426 and by e-mail at [email protected].

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity (Section 13 BGB).

1.4 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

2. offers and service descriptions

2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order.

2.2 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [add to cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then complete the order process within the shopping cart by clicking the [Checkout] button.

2.3 By clicking the [Buy] button, the customer submits a binding request to purchase the goods in the shopping cart. Before completing the order, the customer can change and view the data at any time and use the browser function "back" to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).

2.4 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute the conclusion of a purchase contract. The purchase contract is only concluded when the seller has handed over the ordered product to the customer within 2 days or has confirmed shipment to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.

2.5 If the seller enables payment in advance, the contract is concluded when the bank details are provided and the customer is requested to pay within the next 14 days. If the payment has not been received by the seller within 14 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. A reservation of the item for payment in advance is therefore made for a maximum of 14 calendar days.

3. prices and shipping costs

3.1 All prices stated on the Seller's website include the applicable statutory value added tax.

3.2 There are no shipping costs for deliveries within Germany from € 90. Please note the flat-rate shipping costs within the respective EU countries.

4. delivery, availability of goods

4.1 Unless otherwise agreed, the goods shall be delivered from our warehouse to the specified address in Germany or Austria. The delivery time for deliveries within Germany is approx. 2-3 working days, for deliveries to Austria approx. 4-5 working days. If payment in advance has been agreed, delivery will be made approximately 3-4 days after receipt of the invoice amount.

4.2 Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, the seller may withdraw from the contract. Any payments made shall be refunded to the customer without delay.

4.3 The seller is not obliged to deliver the ordered goods if he has duly ordered the goods but the goods were not delivered correctly or on time (congruent covering transaction). The prerequisite is that the seller is not responsible for the unavailability of the goods. In addition, the seller must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, the customer will be reimbursed immediately for any payments already made. The seller does not assume the risk of having to procure the ordered goods (procurement risk). This also applies to orders for goods that are only described according to their type and characteristics (generic goods). The seller is only obliged to deliver from his stock of goods and the goods ordered from the supplier.

5. payment modalities

5.1 The customer can choose from the available payment methods during and before completion of the order process. Payment can be made either by:

• Credit card
• PayPal
• Payment in advance (direct debit)
• Instant bank transfer (Klarna)
• iDeal
• eps transfer
• Bancontact
• Purchase on account (Klarna)

5.2 The seller is responsible for selecting the available payment methods. In particular, he reserves the right to offer the customer only selected payment methods for payment, for example, to secure his credit risk only prepayment. If the payment method prepayment (direct debit) is selected, the seller, through its partner Klarna, shall provide the customer with its bank details in the order confirmation. The invoice amount must be transferred to the specified account within 14 days of receipt of the order confirmation.

5.3 When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). The credit card account is actually debited at the time the seller dispatches the goods.

5.4 When paying with PayPal, the customer will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or first register, legitimize with his access data and confirm the payment instruction. After placing the order in the store, the seller requests PayPal to initiate the payment transaction. The customer receives further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.

5.5 In the case of payment by direct debit, the customer shall bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank account details.

5.6 The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the seller.

5.7 The customer shall only have a right of set-off if his counterclaims have been legally established and recognized by the seller or are in a close mutual relationship to the main claim. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

6. reservation of title

The delivered goods remain the property of the seller until full payment has been made.

7 Warranty for material defects

The warranty is governed by the statutory provisions.

8. revocation instruction

In the event that the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. makes the purchase for purposes that cannot be attributed primarily to his commercial or independent professional activity, he has a right of withdrawal in accordance with the following provisions.

Right of withdrawal

The customer has the right to withdraw from this contract within 60 days without giving any reason. The withdrawal period is 60 days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods. In order to exercise his right of withdrawal, the customer shall inform the seller of his decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). The customer may use the attached model withdrawal form for this purpose, but this is not mandatory.

Sample withdrawal form

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 for notification on paper) Date:

(*) Delete as appropriate.

Revocation is to be addressed to:

Livingroot GmbH
Johann-Georg-Gademann-Straße 4
97424 Schweinfurt
Phone: 09721 4768426
Email: [email protected]

To comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of revocation:

If the customer withdraws from the contract, the seller shall reimburse the customer for all payments made, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by the seller), immediately and at the latest within fourteen days from the day on which the seller receives notification of the withdrawal from the contract. For this repayment, the seller shall use the same means of payment that the customer used for the original transaction, unless a different means of payment has been expressly agreed; in no case shall the customer be charged any fees for the refund.

The seller may refuse the refund until he has received the goods back or the customer has provided proof that he has returned the goods, whichever is the earlier.

The customer must return or hand over the goods to the seller immediately and in any case within 60 days at the latest from the day on which he informed the seller of the revocation of this contract. The deadline is met if the customer sends the goods before the expiry of the 60-day period and provides proof of dispatch.

The return costs are to be borne by the customer in any case.

The customer must pay for any loss in value of the goods if the goods are not returned in perfect, unopened condition.

9. voluntary redemption

In addition to the statutory right of withdrawal, the seller grants a 60-day right of return. The period begins upon receipt of the goods. The deadline is met if the customer sends the goods before the 60-day period has expired. The purchase price will be refunded by the seller within 14 days of receipt of the returned goods. The direct costs for the return shipment shall be borne by the customer.

10. liability

10.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages (notwithstanding the other statutory requirements for claims):

10.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

10.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

11. storage of the contract text

11.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

11.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. Together with the order confirmation, but at the latest upon delivery of the goods, the customer shall also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and terms of delivery and payment. If the customer has registered in the online store www.livingroot.de, he can view the orders he has placed in his profile area. In addition, the seller saves the text of the contract, but does not make it accessible on the Internet.

12. final provisions

12.1 Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. If the contractual partner is a merchant in accordance with the German Commercial Code (HGB), the place of jurisdiction shall be the registered office of this company, Living Root GmbH.

12.2 The contractual language is German.

12.3 Exclusion clause: The products offered here may not be resold on the Amazon sales platform. This applies to both end consumers and traders.

12.4 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

12.5 Applicable law

The law of the Federal Republic of Germany shall apply to contracts between the seller and the customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

12.6 Changes to the GTC

The Seller reserves the right to amend these General Terms and Conditions at any time with effect for the future. The customer will be notified of the changes in good time before the new General Terms and Conditions come into force. If the customer does not object to the amended terms and conditions within 14 days of receipt of the notification of amendment, the amendments shall be deemed to have been accepted. The seller shall inform the customer of the right of objection and the legal consequences of silence in the notification of change.

12.7 Customer data

The seller points out that data is processed in accordance with the provisions of the General Data Protection Regulation (GDPR) as part of the business transaction. Further information on data protection can be found in the seller's privacy policy on the website www.livingroot.de.

13. note on battery disposal

In connection with the sale of batteries or the delivery of devices containing batteries, the seller is obliged to inform the customer of the following:

The customer is legally obliged to return used batteries as the end user. They can return batteries free of charge after use to the seller or to the designated collection points (e.g. municipal collection points or retailers). Batteries containing harmful substances are marked with the symbol of a crossed-out dustbin. Under the dustbin symbol is the chemical name of the pollutant, for example "Cd" for cadmium, "Pb" for lead and "Hg" for mercury.

14. note on the packaging ordinance

In accordance with the provisions of the German Packaging Ordinance, the seller is obliged to take back packaging for its products that does not bear the mark of a system of nationwide disposal (such as the "Green Dot" of Duales System Deutschland AG or the "RESY" symbol) and to ensure that it is reused or disposed of. For further clarification regarding the return of such products, the customer should contact the seller:

Living Root GmbH
Johann-Georg-Gademann-Straße 4
97424 Schweinfurt
Phone: 09721 3887448
Email: [email protected]

The seller will then inform the customer of a municipal collection point or a disposal company in their area that will accept the packaging free of charge. If this is not possible, the customer has the option of sending the packaging to the seller (Living Root GmbH, Johann-Georg-Gademann-Strasse 4, 97424 Schweinfurt). The packaging shall be reused by the seller or disposed of in accordance with the provisions of the Packaging Ordinance.

15 Special notes on digital content

15.1 For digital content (e.g. software, e-books, downloads), the special license and usage conditions of the respective provider apply in addition to these GTC.

15.2 Digital content is generally made available to the customer in electronic form by providing a download or by e-mail. The customer receives a simple, non-transferable right to use the digital content for private purposes. Any forwarding or reproduction is prohibited unless expressly agreed otherwise.

16. final clause

Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.