Liability for Defects

§ 9 Defects

1. For entrepreneurs: If the purchaser is a merchant, they must notify LIVOSY - C. Franzen GmbH & Co. KG in writing of any obvious defects in the delivered goods without undue delay, at the latest within eight days after delivery; otherwise, the goods shall be deemed approved. Non-obvious defects must be reported in writing without undue delay, at the latest within eight days after discovery; otherwise, the goods shall be deemed approved.
   
   
2. If the purchaser is a consumer, the statutory rights relating to defects apply to all goods from the LIVOSY - C. Franzen GmbH & Co. KG 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: If the delivered goods are defective at the time of transfer of risk, LIVOSY - C. Franzen GmbH & Co. KG shall provide subsequent performance either by remedying the defect (repair) or by delivering defect-free goods (replacement delivery). If the purchaser is an entrepreneur, the choice of the type of subsequent performance (repair or replacement delivery) shall be made by LIVOSY - C. Franzen GmbH & Co. KG. If subsequent performance fails, the purchaser shall have the right, at their discretion, 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 the registered place of business of LIVOSY - C. Franzen GmbH & Co. KG.
   
   
5. If, after inspection of the goods, the purchaser’s request for subsequent performance proves to be unjustified, LIVOSY - C. Franzen GmbH & Co. KG may, without prejudice to other rights, charge any costs for shipping the goods to LIVOSY - C. Franzen GmbH & Co. KG and for returning them to the purchaser, as well as costs for inspecting the goods, if the purchaser recognised or negligently failed to recognise that their request for subsequent performance was unjustified.
   
   
6. Claims of the purchaser 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 that entitle them to demand surrender of the item);
      
      
   2. to claims for damages based on intent or gross negligence, due to injury to life, body or health, or liability under the Product Liability Act;
      
      
   3. insofar as the purchaser is a consumer: to claims for subsequent performance, withdrawal or reduction;
      
      
   4. insofar as the purchaser is an entrepreneur: in the case of §§ 478, 479 BGB (recourse of the entrepreneur).
      
   
   In the aforementioned cases, claims of the purchaser due to defects shall become time-barred within the statutory limitation period.

§ 10 Damages and Reimbursement of Expenses

1. LIVOSY - C. Franzen GmbH & Co. KG shall not be liable for damages or reimbursement of expenses, regardless of the legal grounds, 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, body or health;
      
      
   2. in cases 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 for the proper execution of the contract and on whose compliance the purchaser regularly relies and may rely. However, LIVOSY - C. Franzen GmbH & Co. KG’s liability for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless LIVOSY - C. Franzen GmbH & Co. KG is liable due to intent or gross negligence, injury to life, body or health, or under the Product Liability Act.
      
      
2. Insofar as LIVOSY - C. Franzen GmbH & Co. KG’s liability is excluded or limited under § 10 No. 1, this shall also apply to the personal liability of LIVOSY - C. Franzen GmbH & Co. KG’s legal representatives and vicarious agents.
   
   
3. The above provisions do not involve any change in the burden of proof.