General Terms and Conditions (GTC)

LIVOSY (C. Franzen GmbH & Co. KG)

Version: 07 / 2025

§ 1 Scope, Definitions of Consumer and Entrepreneur

1. These General Terms and Conditions (hereinafter “GTC”) of LIVOSY – C. Franzen GmbH & Co. KG (hereinafter “LIVOSY”) apply to all contracts concluded via the online shop or other digital sales channels of LIVOSY.
   
   
2. Any terms and conditions of the customer that deviate from or supplement these GTC or statutory provisions shall not be recognised unless LIVOSY expressly agrees to their validity.
   
   
3. In these GTC, a "consumer" within the meaning of § 13 German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity, and an "entrepreneur" within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
   
   

§ 2 Registration, Conclusion of Contract, Place of Delivery, Delivery Time

1. The customer has the option of registering in the online shop using their personal data. In doing so, the customer is obliged to provide complete and truthful information. Upon registration, the customer activates a customer account with LIVOSY, into which they can log in by entering their access data. LIVOSY is not obliged to accept the registration. The customer must immediately update any information requested during the next use of the online shop or the next order. Otherwise, LIVOSY is entitled to deactivate the customer account.
   
   
2. The presentation of goods in the online shop does not constitute a binding offer by LIVOSY to conclude a contract. A contract is concluded by the customer’s order in the online shop and its acceptance by LIVOSY. The customer places an order by electronically submitting the completed online order form. After entering their personal data and the shipping and payment method in the online order form, the customer submits a binding offer to conclude a contract by clicking the button "Order with obligation to pay". The personal data may also be provided by logging into any existing customer account, provided the customer has activated a customer account in the online shop. A delivery address and billing address are required in order to place an order. The customer is advised to check the item, quantity, personal data, shipping method and payment method for accuracy before clicking the button "Order with obligation to pay". After clicking the button "Order with obligation to pay", the customer enters the payment details.
   
   
3. After receipt of the order and payment details, LIVOSY automatically sends the customer an email confirming receipt of the order by LIVOSY and listing its details (hereinafter: “order confirmation”). The order confirmation does not constitute acceptance of the order by LIVOSY, but is intended only to inform the customer that the order has been received. Acceptance of the order by LIVOSY takes place either by means of a further email in which LIVOSY confirms the order ("order acceptance") or by sending a shipping notification to the customer by email ("shipping notification").
   
   
4. LIVOSY delivers to the following countries: Belgium, Germany, France, Luxembourg, the Netherlands, Austria, Switzerland and all other countries.
   
   
5. The delivery time for DHL Express shipping is usually 1 working day; in the case of standard shipping, the delivery time within Germany is usually 1–3 working days. The delivery time is communicated to the customer in the online shop next to the goods and in the order acceptance or shipping notification. After handover to the shipping service provider, we have no influence on the further delivery process. The start of the delivery period depends on the payment method:
   
   
   1. Credit card: In the case of payment by credit card, the delivery period begins on the day after conclusion of the contract, i.e. after receipt of the order acceptance or shipping notification.
      
      
   2. PayPal: In the case of payment by PayPal, the delivery period begins on the day after conclusion of the contract, i.e. after receipt of the order acceptance or shipping notification.
      
      
   3. Instant bank transfer: In the case of payment by instant bank transfer, the delivery period begins on the day after conclusion of the contract, i.e. after receipt of the order acceptance or shipping notification.
      
   4. Invoice: In the case of payment by invoice, the delivery period begins on the day after conclusion of the contract, i.e. after receipt of the order acceptance or shipping notification.
      
      
   5. Prepayment: In the case of payment by prepayment, the delivery period begins on the day after the properly executed payment order has been issued to the transferring credit institution.
      
      
6. If the customer selects the shipping method "DHL Paket Express", delivery will take place on the next working day if the order is received before 12:00 noon.

§ 3 Information about LIVOSY, Contract Language, Contract Content, Storage

1. Identity and address for service:
   C. Franzen GmbH & Co. KG, Johann-Georg-Halske-Str. 2, 41352 Korschenbroich
   
   
2. Personally liable partner:
   C. Franzen Verwaltungs GmbH, Korschenbroich
   Managing Director: Christian Franzen
   
   
3. Email: hello@livosy.de
   Telephone: +49 (0) 2161 56 15 800
   
   
4. Company register: Commercial Register of Neuss, registration numbers: HRA 8454 and HRB 25282
   
   
5. The language used for the conclusion of the contract is German.
   
   
6. The order data (items, quantity, personal data, shipping and payment data) are displayed in the "Complete order" tab and can be corrected there until the button "Order with obligation to pay" is clicked. The contract content is shown to the customer in the order confirmation sent by email and in an order acceptance or shipping notification, each of which also contains these GTC, and can be printed out by the customer using the print function of their browser or saved as a PDF. The order data are stored by LIVOSY. If the customer has registered in the online shop and activated a customer account, the order data are accessible to the customer after conclusion of the contract when they log into their customer account in the online shop. If the customer does not register in the online shop, the order data cannot be accessed directly by the customer in the online shop.
   
   

§ 4 Prices, Payment Terms

1. All prices in the online shop are stated in euros, include statutory VAT and are exclusive of any applicable shipping costs. Shipping costs for deliveries within Germany amount to EUR 6.90 (DHL Paket Standard) or EUR 16.90 (DHL Paket Express) per delivery. From an order value of EUR 60.00, shipping by DHL Paket Standard is free of charge for the customer.
   
   
2. LIVOSY offers the following payment methods:
   
   
   1. Credit card: If the customer selects the payment method “credit card”, they authorise LIVOSY, by providing the card type, card number, expiry date and security code, to charge the purchase price to the specified credit card after the button “Order with obligation to pay” has been clicked. The credit card will be charged immediately.
      
      
   2. PayPal: If the customer selects the payment method "PayPal", they log into their PayPal account in the window that appears after clicking the button "Order with obligation to pay", where they transfer the purchase price in accordance with PayPal’s requirements.
      
      
   3. Instant bank transfer: If the customer selects the payment method “instant bank transfer”, they authorise LIVOSY, by providing the bank account details and after clicking the button “Order with obligation to pay”, to collect the purchase price from the specified bank account. The purchase price becomes due immediately.
      
      
   4. Invoice: If the customer has properly registered in the online shop, they may select the payment method "invoice" from the third successfully completed order onwards. In the case of an order on invoice, the purchase price must be paid within 10 days of receipt of the invoice into the LIVOSY account specified in the invoice, quoting the invoice number as the payment reference.
      
      
   5. Prepayment / bank transfer: If the customer selects the payment method "prepayment / bank transfer", the purchase price must be transferred within 10 days of receipt of the order confirmation to the LIVOSY bank account specified in the order confirmation.
      
      
   
   LIVOSY reserves the right, in individual cases during the order process, not to offer certain payment methods or to refer the customer to other payment methods. In the event that the ordered goods are unavailable or a contract is not concluded for other reasons, LIVOSY will refund any payments already received without undue delay.
   
   
3. In the event of default in payment by the customer, LIVOSY is entitled to default interest at the statutory rate (§ 288 BGB). All other rights of LIVOSY remain reserved.
   
   
4. The customer shall only have rights of set-off and retention if their counterclaims have been legally established or are undisputed. If the customer is a consumer, they shall additionally have a right of retention insofar as their counterclaim is based on the same contractual relationship and is in reasonable proportion to LIVOSY’s claim.
   

§ 5 Performance of Delivery, Reservations, Withdrawal, Delay in Delivery, Force Majeure, Partial Delivery

1. For entrepreneurs, the following applies: LIVOSY reserves the right to timely and complete self-supply. The possibility of delivery is likewise reserved. For consumers, the following applies: If LIVOSY has concluded a congruent covering transaction and LIVOSY is let down by its supplier, LIVOSY may withdraw from the contract insofar as LIVOSY is not responsible for the resulting impediment to performance.
   
   
2. Without prejudice to other statutory requirements, the customer may withdraw from the contract due to a delay in delivery only if LIVOSY is responsible for such delay.
   
   
3. For entrepreneurs, the following applies: If LIVOSY culpably falls into default with delivery, the customer’s claim for damages for each completed week of delay is limited to 0.5%, but in total to no more than 5% of the net order value of the part of the goods affected by the delay. This shall not apply in cases of intent or gross negligence.
   
   
4. In the event of force majeure, including where it occurs at upstream suppliers, the delivery time shall be extended to a reasonable extent if LIVOSY is thereby prevented from fulfilling its obligation on time, without prejudice to LIVOSY’s other rights. Force majeure shall be deemed equivalent to all other events unforeseeable by LIVOSY and not caused by LIVOSY, for example difficulties in procuring materials and operational disruptions, strikes, lockouts, lack of means of transport, official interventions, difficulties in energy supply – in each case not merely of short duration – even if these events affect upstream suppliers. If delivery is rendered impossible or unreasonable by the aforementioned circumstances, LIVOSY may withdraw from the contract without prejudice to other rights. The customer has the same right if adherence to the contract cannot reasonably be expected of them. However, LIVOSY may rely on the aforementioned circumstances only if the customer has been notified of them without undue delay.
   
   
5. LIVOSY is entitled to make partial deliveries insofar as this is reasonable for the customer. The shipping costs for all partial deliveries may not exceed the agreed freight costs. The customer’s right to withdraw from the entire contract in the event of remaining deliveries not being made on time in breach of duty and culpably, if the customer has no interest in the partial performance already rendered, remains unaffected.
   

§ 6 Right of Withdrawal (Consumers Only)

1. For consumers, the following applies: The customer has a right of withdrawal in accordance with the statutory provisions. If the customer exercises their right of withdrawal, they shall bear the direct costs of returning the goods. Reference is otherwise made to the separate withdrawal instructions.
   

§ 7 Retention of Title

1. LIVOSY retains title to the goods delivered by LIVOSY until full payment for the goods has been made, if the customer is a consumer. If the customer is an entrepreneur, LIVOSY retains title until all claims arising from the entire business relationship have been fully satisfied.
   
   
2. Only for entrepreneurs: The customer is entitled to resell the goods delivered by LIVOSY in the ordinary course of business. Transfers by way of security, pledges and other dispositions endangering the retained title are not permitted. If the customer sells the goods subject to retention of title, they hereby assign to LIVOSY the claim against their customers arising from the resale. In the event that the goods subject to retention of title are resold by the customer together with other goods, the claim arising from the resale is hereby assigned to LIVOSY only in the amount of the value of the goods subject to retention of title invoiced by LIVOSY. The customer is entitled to collect the claim assigned to LIVOSY. In the event of default in payment by the customer or if, after conclusion of the contract, a material deterioration in the customer’s financial circumstances becomes apparent through which a claim of LIVOSY is endangered, in particular in the event of cessation of payments or an application for the opening of insolvency proceedings over the customer’s assets, LIVOSY is entitled to revoke the authorisation to resell and the authorisation to collect. At LIVOSY’s request, the customer must at any time send a precise list of the claims transferred to LIVOSY, name the debtors and notify the debtors of the assignment to LIVOSY. The customer must notify LIVOSY immediately of any access by third parties to the goods subject to retention of title or to claims assigned to LIVOSY, enclosing the seizure documents. If the realisable value of the securities to which LIVOSY is entitled exceeds the claim to be secured by LIVOSY by more than 10%, LIVOSY shall, at the customer’s request, be obliged to release securities to the customer to that extent.
   

§ 8 Transfer of Risk

1. If the customer is a consumer, risk passes to the customer upon handover of the goods. If the customer is an entrepreneur, risk passes to the customer upon handover to the carrier, at the latest upon notification of readiness for dispatch.
   
   
2. Risk shall also pass to the customer if they are in default of acceptance. In this case, the customer must compensate LIVOSY for the loss incurred insofar as they are responsible for the default of acceptance.
   

§ 9 Defects

1. For entrepreneurs, the following applies: If the customer is a merchant, they must notify LIVOSY in writing of obvious defects in the delivered goods without undue delay, at the latest within eight days of delivery; otherwise, the goods shall be deemed approved. Hidden defects must be notified in writing without undue delay, at the latest within eight days of discovery; otherwise, the goods shall be deemed approved.
   
   
2. If the customer is a consumer, the statutory defect liability rights apply to all goods from the LIVOSY online shop, with the exception of claims for damages and reimbursement of expenses. The circumstances under which the consumer is entitled to claims for damages and reimbursement of expenses are governed by § 10. The limitation period is regulated in detail in § 9 No. 6.
   
   
3. For entrepreneurs, the following applies: If the delivered goods have a defect at the time risk passes, LIVOSY will provide subsequent performance by remedying the defect (repair) or by delivering defect-free goods (replacement delivery). If the customer is an entrepreneur, LIVOSY shall choose the type of subsequent performance (repair or replacement delivery). If subsequent performance fails, the customer shall have the right, at their option, to withdraw from the contract or reduce the price. § 10 applies to claims for damages and reimbursement of expenses.
   
   
4. The place of performance for subsequent performance is LIVOSY’s registered office.
   
   
5. If, after inspection of the goods, the customer’s request for subsequent performance proves to be unfounded, LIVOSY may, without prejudice to other rights, charge any costs for shipping the goods to LIVOSY and returning them to the customer, as well as costs for inspecting the goods, if the customer recognised or negligently failed to recognise that their request for subsequent performance was unfounded.
   
   
6. The customer’s claims due to defects shall become time-barred within one year from delivery. This shall not apply
   
   
   1. in the case of § 438 para. 1 no. 1 BGB (rights in rem of third parties which entitle them to demand surrender of the item);
      
      
   2. to claims for damages based on intent or gross negligence, due to injury to life, limb or health, or liability under the Product Liability Act;
      
      
   3. insofar as the customer is a consumer: to claims for subsequent performance, withdrawal or reduction;
      
      
   4. insofar as the customer is an entrepreneur: in the case of §§ 478, 479 BGB (entrepreneur’s recourse).
      
      
   In the aforementioned cases, the customer’s claims due to defects shall become time-barred within the statutory limitation period.
   

§ 10 Damages and Reimbursement of Expenses

1. LIVOSY shall not be liable for damages or reimbursement of expenses, irrespective of the legal basis, in particular not due to defects, other breaches of duty or tort. This shall not apply
   
   
   1. in the event of culpable injury to life, limb or health;
      
      
   2. in the event of intent or gross negligence;
      
      
   3. in the event of liability under the Product Liability Act;
      
      
   4. in the event of culpable breach of a material contractual obligation. Material contractual obligations are, in particular, those obligations whose fulfilment is essential to the proper performance of the contract and on whose compliance the customer regularly relies and may rely. However, LIVOSY’s liability for breach of material contractual obligations is limited to the foreseeable damage typically occurring, unless LIVOSY is liable on the basis of intent or gross negligence, injury to life, limb or health, or under the Product Liability Act.
      
      
2. Insofar as LIVOSY’s liability is excluded or limited pursuant to § 10 No. 1, this shall also apply to the personal liability of LIVOSY’s legal representatives and vicarious agents.
   
   
3. The above provisions do not entail any change in the burden of proof.
   

§ 11 Data Protection, Severability Clause, Applicable Law, Place of Jurisdiction and Dispute Resolution

1. LIVOSY points out that personal data, such as the name, professional, industry or business designation, telephone number and email address of the customer and/or their employees, are stored for the purpose of establishing, performing or terminating contractual or quasi-contractual obligations with the customer. In addition, LIVOSY’s privacy policy applies.
   
   
2. Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
   
   
3. All legal relationships between LIVOSY and the customer shall be governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention/CISG).
   
   
4. If the customer is a merchant, a legal entity under public law or a special fund under public law, LIVOSY’s registered office shall be the exclusive place of jurisdiction; however, LIVOSY is also entitled to bring legal remedies against the customer at the customer’s general place of jurisdiction.
   
   
5. In relation to non-merchants, LIVOSY’s registered office shall be the place of jurisdiction if the customer moves their domicile or habitual residence abroad after conclusion of the contract or if their domicile or habitual residence is unknown at the time LIVOSY asserts its claims in court.
   
   
6. The European Commission provides a platform for online dispute resolution. This platform can be found at http://ec.europa.eu/consumers/odr . Consumers have the option of using this platform to resolve their disputes. LIVOSY is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.