General Terms and Conditions of Living Crafts GmbH & Co. KG for Online Sales
§ 1 Area of Application
(1) The General Terms and Conditions shall apply, in the version valid at the time when a given contract is concluded, to all business relations between Living Crafts GmbH & Co. KG (hereinafter referred to as Living Crafts) and their Customers for orders placed at the Living Crafts Online Shop.
(2) The General Terms and Conditions of Living Crafts shall apply exclusively. Adverse terms and conditions of Customers deviating from the General Terms and Conditions of Living Crafts will not be accepted unless Living Crafts have, in writing and only in individual cases, given their explicit consent to them.
§ 2 Registration
(1) Any placement of an order requires registration as a Customer to Living Crafts. Multiple registrations under different names or addresses are not permitted. Upon completing the registration procedure, the Customer of Living Crafts shall obtain access to the system.
(2) This admission may be revoked by Living Crafts at any given time without stating reasons. In this case, Living Crafts are authorized to immediately disable the respective user name and password.
§ 3 Formation of Contract
(1) Articles are sold only in amounts suitable for an average household. The display of the product range of Living Crafts on Internet-compatible computers does not represent an offer pursuant to Sections 145 pp. of the German Civil Code (BGB). It is subject to confirmation and non-binding.
(2) By placing an order at Living Crafts on the Internet, via E-mail, telephone, fax or any other means of communication, the Customer submits an offer pursuant to Sections 145 pp. of the German Civil Code, to conclude a contract of purchase with Living Crafts. The Customer shall receive, via E-mail, a confirmation that his order has been received (order confirmation notification). This order confirmation notification does not constitute an acceptance of the order; it is rather meant to inform the Customer that his order has been received by Living Crafts. We can accept your order by sending an order confirmation via E-mail or by delivering the goods within five days.
In case of possible errors in the product details on the homepage, Living Crafts shall, if need be, inform the Customer separately and submit a respective alternative offer.
(3) A contract with Living Crafts shall result if Living Crafts accept the offer by supplying an order confirmation or the ordered product to the Customer. No purchase contract shall result for products included in the same order that are not listed in the shipping confirmation.
(4) The minimum order value is € 25,00. All prices include the respective, currently applicable value added tax. For orders amounting to less than € 25,00 an extra charge of € 5,00 for small quantities will arise.
(5) The contractual language is German.
(6) We will save the text of the contract and send you the order details and our General Terms and Conditions by E-mail. You can verify your previous orders in the customer login area.
§ 4 Delivery, Shipping Costs, Online Parcel Tracking
(1) Living Crafts shall deliver the goods ordered by the Customer as quickly as possible to the address indicated in the order form. Living Crafts shall, at all times, be entitled to partial deliveries and partial performances, provided that the Customer can reasonably be expected to accept them. If Living Crafts should effect any part deliveries, the corresponding additional costs shall be borne by Living Crafts.
(2) Within Germany, Living Crafts shall charge for every order a flat charge for packaging and freight charges amounting to 5,95€.
Austria: € 10,00
Switzerland: € 12,00
10,-€ Belgium, Denmark, Liechtenstein, Luxemburg, The Netherlands, Czech Republic
12,-€ France, Great Britain
14,-€ Ireland, Italy, Norway, Sweden, Hungary
15,-€ Bulgaria, Poland, Portugal, Romania, Slovakia, Slovenia, Spain
19,-€ Finland, Latvia, Lithuania
40,-€ New Zealand
50,-€ Japan, Taiwan, USA, Canada, Kazakhstan, Russia, South Korea, Uruguay, China, Venezuela
(3) Delivery within Germany to the postal address indicated by the Customer shall normally be carried out by DHL GO GREEN CO2-NEUTRAL. Deliveries to post office boxes and poste restante mail are inadmissible.
(4) If the Customer submitted an E-mail address to Living Crafts upon placing its order, Living Crafts will inform him after delivery about the parcel tracking number. By means of this number the Customer can retrieve the status of the parcel via DHL. Living Crafts, however, cannot influence the information retrieval and its status.
(5) In case of importation of goods into foreign countries other than the EU, there may be additional customs duties, taxes and charges.
Further information regarding customs duties may be found e.g. at http://ec.europa.eu regarding importation VAT at http://auskunft.ezt-online.de/ezto/Welcome.do and especially for Switzerland at http://xtares.admin.ch
§ 5 Due Date and Payment
(1) Purchase on account, by instalment payment and SEPA-based direct debit. Living Crafts cooperates with payolution GmbH, Am Euro Platz 2, 1120 Vienna, Austria ("payolution") and net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich, Germany ("Bank") for the payment types purchase on account, by instalment payment and payment by SEPA-based direct debit. The receivables are assigned to net-m privatbank 1891 AG.
The use of these payment methods is only permitted for customers who have reached the age of 18. Customers can use this service to purchase goods over the internet and must pay them only after the actual receipt of the goods and the invoice or can conveniently make the payment in instalments or the amount is debited from their own account by means of a SEPA-based direct debit.
A contractual relationship between the customer and payolution or the bank is not substantiated by this. In particular, Living Crafts remains responsible for general customer enquiries (e.g. regarding goods, delivery time, dispatch, returns, complaints, warranty claims, contract withdrawals and credit notes).
Living Crafts or the Bank shall check the customer's creditworthiness prior to each payment in accordance with the customer's separate consent. If payment by means of purchase on account, purchase by instalments or SEPA-based direct debit (e.g. for reasons of creditworthiness, technical reasons or exceeding amount limits) is not possible, Living Crafts may offer the customer an alternative billing option.
Living Crafts shall assign its claim to payment of the purchase price against the customer to the Bank for the purpose of processing a purchase on account or an instalment payment or payment by means of a SEPA-based direct debit. The customer is hereby informed of this assignment of receivables. In order to discharge the debt, all payments must be made exclusively to the bank on the account notified to you for this purpose. The goods shall remain the property of the Bank until payment has been made in full.
payolution GmbH acts as a technical service provider and service provider for checking your creditworthiness when purchasing on account, by instalment payment or SEPA-based direct debit.
Interest on arrears in the agreed amount as well as costs for appropriate reminders shall accrue for late payments. If the internal dunning process is not successful, the bank can transfer the open receivable to a collection agency for collection. In this case, additional costs may be incurred for prosecution by debt collection agencies and, if necessary, for legal representation.
a) Payment via SEPA-based direct debit
If payment by means of an SEPA-based direct debit has been agreed, Living Crafts shall send the customer an invoice, which shall be due immediately upon receipt of the invoice and without deduction. The amount due is debited from the specified account by means of an SEPA-based direct debit. Living Crafts shall notify the customer of the SEPA-based direct debit collection no later than one calendar day before the due date of the SEPA-based direct debit payment.
The customer confirms that he/she is authorised to issue a SEPA direct debit mandate in respect of the account specified in the order process. The customer must ensure that there are sufficient funds in the account. If the account does not have the necessary funds, the customer shall bear the costs arising from the return debit note.
In the event of revocation, withdrawal, return or complaint, the customer must not object to the debit of the SEPA-based direct debit in order to avoid unnecessary effort and costs. The amount of money to be returned to the customer by Living Crafts shall be credited to the account which was debited from the SEPA-based direct debit or, if agreed between Living Crafts and the Customer, a credit note shall be issued.
By submitting the order and accepting these terms and conditions, the customer grants the following SEPA direct debit mandate to net m-privatbank 1891 AG Odeonsplatz 18, 80539 Munich, Germany
Creditor identification number: DE62POL00000009232, mandate reference will be communicated separately.
SEPA direct debit mandate
I authorise net-m privatbank 1891 AG to collect payments from my account by direct debit. At the same time, I instruct my bank to redeem the direct debits drawn into my account by net-m privatbank AG.
Please note: I can request a refund of the debited amount within eight weeks of the debit date. The terms and conditions agreed with my bank apply.
Name of the account holder: as specified by the customer in the order process
IBAN: as specified by the customer in the order process
Date of issue: Date of order
b) Payment by instalment
For payment by instalments, the customer is informed of all essential contractual conditions in the sense of the pre-contractual information obligations of Directive 2008/48/EC on consumer credit agreements in the data entry screen or another suitable electronic medium and in information subsequently made available for storage or saving. This information will also be sent to you electronically or in writing after conclusion of the contract, at the latest with delivery of the goods, in a storable form.
If you withdraw from the purchase contract on the basis of your special agreement with us or on the basis of statutory provisions, return the goods, claim a price reduction or have other reasons for not having to make payment in whole or in part, the bank will transfer the claim against you back to us. In this case, a final agreement about the payment has to be made with us or the reversal has to be carried out.
Early termination of an agreement on payment by instalments is possible by way of early repayment. You have the right to repay the loan amount in part or in full at any time before the expiration of the stipulated period. The interest to be paid by you will be reduced in the event of early repayment of the loan in accordance with the resulting reduction in outstanding accounts and the resulting reduction in the term of the contract; costs dependent on the term will be reduced proportionately.
(2) Advance payment, payment on delivery, payment by credit card
If the advance payment method is selected, the goods will only be delivered when the entire amount is on our account. If the payment on delivery payment method is chosen, additional costs for payment on delivery to the amount of € 6.00 € will be charged to the customer, which the deliverer collects on site. In addition to the payment on delivery charges, shipping costs are incurred as per Section 4(3)(4).
If payment by credit card is chosen, payment will be processed by the service provider Computop GmbH. The invoice amount will be debited from your credit card as soon as the goods are shipped.
If payment via PayPal is selected, the payment is processed via the service provider PayPal. To use this payment method, you must first register as a user with PayPal. You can find more information about this under https://www.paypal.com/de/home.
The purchase price and any shipping costs are due upon conclusion of the contract. The order shall only be deemed to have been placed if the payment has been made via PayPal.
(4) "Sofortüberweisung" (immediate payment)
The purchase price and any shipping costs are due upon conclusion of the contract. The order shall only be deemed to have been placed if the payment process has been effected by "Sofort bezahlen" (pay immediately).
(5) If a Customer is in arrears, Living Crafts are entitled to demand default interest amounting to 5 per cent above the respective basic lending rate (Section 247 of the German Civil Code). Living Craft‘s right to claim higher damages shall remain unaffected by this.
(6) The Customer shall only be entitled to a set-off if and to the extent to which its counterclaims are legally binding, undisputed or accepted by Living Crafts. The Customer shall only be authorized to exercise his right to retention if his counterclaim is based upon the same contract of sale.
§ 6 Reservation of Ownership
Living Crafts shall reserve the title of the goods until all payments of the contract of sale have been received. The Customer must immediately inform Living Crafts in writing about any attempts, made by third parties, to access his goods, particularly execution proceedings as well as any other infringements of his property. The Customer shall replace all damages to Living Crafts and bear all costs that have arisen through a breach of this obligation or through necessary intervention measures against the access of a third party. If the Customer is in breach of the contract, particularly if the Customer does not fulfill his obligation to pay in spite of a reminder issued by Living Crafts, Living Crafts can, after setting a reasonable deadline, rescind the contract and demand the return of any goods of which they still hold the title. The withdrawal of goods or garnishment by Living Crafts constitutes a rescission of the contract. Any shipping costs incurred thereby shall be borne by the Customer. Living Crafts shall be entitled to use the goods once they have received them back. Any proceeds of sale are to be set off against liabilities of the Customer, minus reasonable recovery costs.
Right to cancel
You have the right to cancel this contract within 14 days without stating reasons.
The cancellation period is 14 days from the day you or a third party named by you, who is not the carrier of the goods, have respectively has taken possession of the goods.
In order to exercise your right to cancel, you have to inform us, Living Crafts GmbH & Co. KG, Schlesier Str. 11, 95152 Selbitz, phone: 09280/981080, fax: 09280/9810830, email: firstname.lastname@example.org, about your decision to cancel this contract by means of a definite statement (e.g. a letter sent by mail, fax or email). For this you can use the attached sample form
which, however, is not mandatory.
You also have the option to download the sample form or another definite statement electronically on our website www.livingcrafts.de.
For compliance with the cancellation period it is sufficient to send the statement regarding the exercise of the right to cancel before the expiration of the cancellation period.
Consequences of the cancellation
In case of cancellation of this contract, we have to refund all payments received from you, including shipping charges (with the exception of additional shipping costs resulting from you choosing a different type of shipping than the most favourable standard delivery offered by us), immediately but no later than 14 days from the day on which we received the notification about your cancellation of this contract. The same method of payment used by you for payment will be used for the refund, unless a different method of payment was explicitly agreed. In no case fees will be charged for this refund. We have the right to refuse the repayment until we have received the returned goods or until you have delivered proof that the goods have been returned to us, depending on which one is the earlier date. You have to return the goods immediately and in either event within 14 days at the latest from the day you inform us about the cancellation of this contract. The deadline is met if you ship the goods before the expiration of the 14 day period. We bear the direct costs of the return of the goods. You only have to bear the costs for any loss in value of the goods if this loss in value can be put down to a treatment of the goods, which has not been necessary for checking the quality, characteristics and functionality of the goods.
End of cancellation instructions
The right to cancel does not apply to contracts
a) for the delivery of goods manufactured according to the Customer´s specifications
b) for goods clearly tailored to personal needs
c) for the delivery of goods which, based on their nature, are not fit for reshipment
d) for quickly perishable goods
e) or for goods whose expiry date is exceeded
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us.)
To Living Crafts GmbH & Co. KG, Schlesier Str. 11, 95152 Selbitz, phone: 09280/981080, fax: 09280/9810830, email: email@example.com:
I/we (*) herewith cancel the contract closed by me/us (*) regarding the purchase of the following goods (*)/the delivery of the following services (*):
Ordered on (*)/received on (*)
Customer signature(s) (only if sent by mail)
(*) Please delete where inapplicable
§ 8 Warranty
(1) Living Crafts shall assume liability within the legal regulations for any defects of the goods already existing delivery. In the case of contracts with Customers pursuant to Section 13 of the German Civil Code, the warranty period is two years upon delivery of the goods.
(2) In the case of orders placed by Customers who, according to Section 14 of the German Civil Code, are entrepreneurs, the warranty period is limited to one year.
(3) If a Customer received a faulty or damaged product in spite of diligent quality controls, it may con-tact the customer service of Living Crafts from Monday to Thursday between 09.00 and 16.00 o´clock or Friday between 09.00 and 14.00 o´clock. The service can be contacted at:
Phone : +49 (0)9280 / 981 080 (subject to charges)
Fax : +49 (0)9280 / 981 0830 (subject to charges)
The return address can be found on the delivery note. Otherwise: LIVING CRAFTS GmbH & Co. KG, Schlesier Str. 11, 95152 Selbitz.
§ 9 Addresses
Suppliers and contracting partners of offers on this homepage:
Living Crafts GmbH & Co. KG, Schlesier Str. 11, D-95152 Selbitz, Germany
General partner: Living Crafts Verwaltungs GmbH (Selbitz; registry: Amtsgericht Hof/Saale, HRB 3724)
Corporate seat of the company: Selbitz
Managing director: Thomas Greim
Registration court: Local court Hof /Saale, HRA 3921
Turnover tax ID No.: DE 814 004 781
Telephone: +49 (0)9280 / 981 080 (subject to charges)
Telefax: +49 (0)9280 / 981 0830 (subject to charges)
§ 10 Invoices
The Customer shall keep his invoices. They serve as proof of purchase or are important to the insurance company in case of theft. All orders of the Customer are stored by Living Crafts, thereby considering data privacy (see data privacy statement). In case the Customer no longer has any documents about the order, he may address Living Crafts by using the contact details listed in Section 9 (1). If, taking data privacy into consideration, the order details are still stored, a copy may be sent to the Customer at his expense.
§ 11 Liability
(1) Living Crafts shall have unlimited liability for any damage caused intentionally or by gross negligence, in case of fraudulent non-disclosure of defects, guaranteed quality as well as personal injuries. The pro-visions of the Product Liability Law shall remain unaffected.
(2) In case of other damages caused by simple negligence, Living Crafts shall only be liable if a duty is neglected the
observation of which is of particular importance to attaining the purpose of the contract (cardinal duty) and if, as a result of the contractual use of the goods, such damages are typical and fore-seeable. Any further liability for damages, in particular for any damage not caused to the object of delivery itself, for loss of profit or any other damage to property, shall be excluded. Insofar as the liability of Living Crafts is excluded or limited, this shall also apply to the personal liability of employees, representatives or vicarious agents (i.e. persons employed in performing an obligation).
§ 12 Online Settlement of disputes
In accordance with directive 2013/11/EU the European Commission is about to install an internet platform for online settlement of disputes between businesses and consumers. This platform can be contacted at the following link: http://ec.europa.eu/consumers/odr
§ 13 Final Clauses
(1) The legal relations between the Customer and Living Crafts shall be governed by German Law without the rules of incorporation of some of the provisions of foreign law as terms of the contract of the International Private Law and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Customer is also the consumer, the laws at the Customer‘s place of residence may be applicable provided that mandatory consumer regulations are concerned.
(2) In the event that the Customer is a businessman, Hof shall be the exclusive venue for all claims in connection with the business relationship.
(3) In the event that any one or several provisions of these General Terms and Conditions should be totally or partly ineffective or lose their legal effectiveness subsequently, then the effectiveness of the other Terms and Conditions shall remain unaffected.
STATUS: October 2018