Terms of service
Last updated: 09 November 2023
These General Terms and Conditions (GTC) of Livom Möbel AG as the seller and you as the customer apply to all orders placed in the Livom online shop as well as to all purchases for which Livom Möbel AG declares these GTC to be applicable.
Scope of Application
These GTC apply to all services provided by Livom Möbel AG in the Livom online shop and become effective upon conclusion of a contract. All deliveries, services and offers of Livom Möbel AG are made exclusively on the basis of these GTC, even if they are not expressly agreed upon again. By submitting an order to Livom Möbel AG, you confirm that you have read these GTC and expressly agree to them.
Conclusion of Contract
All information regarding products and prices during the ordering process is non-binding and subject to change. Purchase contracts are concluded upon acceptance of your order by Livom Möbel AG. Acceptance of the order will be confirmed by Livom Möbel AG via email and is binding for you thereafter. Any delivery obstacles will also be communicated to you as soon as possible by email. By placing your order, you confirm that you are aware of the scope and content of your order. Any questions in this regard can therefore be clarified with us in advance.
Shipping & Delivery
Delivery
Delivery of your sofa is free of charge provided that access for a 3.5-ton vehicle is possible without additional effort or costs. Delivery is carried out with a two-person handling service directly to your living room.
Delivery Conditions
Special delivery requirements must be communicated in advance, otherwise delivery delays or additional costs may occur.
Delivery is possible up to the 5th floor without an elevator. From the 6th floor onwards, delivery will only be made to the curbside.
The maximum carrying distance is 150 meters. If the transport route is longer, this must be clarified in advance.
If these conditions are not met, delivery restrictions or additional costs may apply.
As we consistently follow our sustainability principles, we cannot guarantee preferred delivery dates, although we try to consider them in our route planning.
Acceptance of Delivery & Inspection of Goods
Please check the goods immediately upon delivery for completeness and possible damage.
Defects or transport damage must be documented immediately upon delivery and reported to our customer service within 24 hours.
Absence at the Delivery Date
If you are not present at the agreed delivery date, the goods may be handed over to a neighbor upon presentation of a written authorization. Otherwise, a redelivery will be required and additional costs will apply.
If the delivery date agreed with the forwarding agent is not kept or not cancelled at least 24 hours in advance, handling costs of EUR 250 will be charged. A new delivery date will only be scheduled after these costs have been paid.
Change of Address
A change of address is no longer possible after the delivery date has been agreed upon. Please carefully check your details before completing the order.
Shipping Costs
Orders with a value of EUR 500 or more are shipped free of charge.
For orders below this amount, a shipping fee of EUR 10 will be charged.
Delivery Delays
Please note that in certain cases, delivery delays may occur for reasons that cannot be explained in advance. In such cases, no compensation or claims for damages may be asserted. We strive to process deliveries as smoothly as possible and will inform you as early as possible in the event of delays.
Prices
All prices on Livom include the legally required value-added tax. Livom Möbel AG expressly reserves the right to change the prices stated online at any time without prior notice or explanation. The price applicable is the one valid at the time the order is placed on the website.
Payment Terms
The following payment methods are available to you:
Purchase on invoice (we reserve the right to conduct a credit check), PayPal, and credit card (via Stripe). We also reserve the right to offer advance payment by bank transfer.
For advance payment by bank transfer, the payment period is generally 7 days. If payment is not received within this period, Livom Möbel AG reserves the right to cancel the order and release the goods for sale again. Any bank transfer fees incurred shall be borne by you.
Retention of Title; Set-Off; Right of Retention
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In the case of consumers, we retain ownership of the purchased item until full payment of the invoice amount. If you are an entrepreneur acting in the exercise of your commercial or self-employed professional activity, a legal entity under public law, or a special fund under public law, we retain ownership of the purchased item until all outstanding claims arising from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties.
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You are only entitled to set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. You are only entitled to exercise a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
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If the customer is in default with any payment obligations towards us, all existing claims shall become immediately due and payable.
Warranty and Guarantee
The warranty for goods corresponds to generally accepted standards and amounts to 24 months, unless a longer or shorter warranty period is expressly stated on the delivered goods. Defective goods must be reported in writing to the company address within 10 days of delivery or occurrence of the damage; otherwise, the warranty claim shall lapse. The warranty period begins on the delivery date and expires in the event of improper use or natural wear and tear. Livom Möbel AG reserves the right to decide individually in the event of a warranty claim. Warranty and guarantee claims are excluded for items declared as outlet goods. The warranty is governed by the respective valid conditions set out in the warranty statement.
Minor Model Deviations
It may occur that the design of individual items changes slightly. Livom Möbel AG naturally assumes no liability for such modifications by manufacturers and suppliers.
Care / Handling
Livom Möbel AG assumes no liability for improper care and/or handling of the delivered items by the customer.
Tree Planting
For each of our products, we have two trees planted. A monthly amount is donated to OneTreePlanted and, if applicable, other tree-planting partners. The trees are usually planted where they are most urgently needed. Therefore, the buyer’s trees are planted at the location where OneTreePlanted or another planting partner organizes its next tree-planting project.
Right of Withdrawal
Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity (§ 13 German Civil Code – BGB).
Withdrawal Instructions
For the product category sofas, you have the right to withdraw from this contract within thirty days without giving any reason. For all other products (excluding personalized products), the statutory return period of fourteen days applies.
Personalized furniture and replacement covers are excluded from returns. A sofa is considered personalized once it deviates from the standard version shown on the Livom website, such as different colors, modified sizes, or any individual configuration created via the configurator.
To exercise your right of withdrawal, you must inform us (Livom Möbel AG, de@livom.com) of your decision to withdraw from this contract by means of a written statement (e.g. email). We will immediately confirm receipt of such withdrawal (e.g. by email).
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you once the product has arrived at our warehouse and has been inspected for possible damage.
Refunds will be made using the same means of payment as the original transaction, unless expressly agreed otherwise; no fees will be charged for this refund.
You may arrange the return shipment yourself or, upon request, have Livom Möbel AG organize the collection for the product category sofas. In this case, the actual pickup costs charged by the forwarding agent, up to a maximum of EUR 300, will be billed. Please inform customer service at de@livom.com if you wish us to arrange the pickup.
Products delivered by parcel post must be returned by the customer at their own expense without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal.
You shall bear any loss in value of the goods if such loss results from handling that was not necessary to examine the nature, characteristics, and functioning of the goods. We reserve the right to deduct the costs of damaged returns from the refund amount.
Return Policy for Outlet & Display Models
Unfortunately, no right of return can be granted for display models and outlet products (B-goods).
Data Protection
Livom Möbel AG undertakes to process your customer data carefully and to comply with the applicable data protection laws. In particular, no data will be passed on to third parties. However, no liability can be assumed for the security of data transmitted via the internet.
Marketing
Livom Möbel AG reserves the right to reuse the email address and telephone number provided when placing an order for its own marketing purposes (newsletter and other communications).
Product Reviews
After a purchase, Livom Möbel AG sends automated emails requesting customers to review the purchased products. Livom reserves the right to use these reviews, as well as all other reviews (with or without email request), for marketing purposes.
Consent upon Creation of a Customer Account (including Google Login)
By creating a customer account – including registration via a Google account – the customer agrees that Livom Möbel AG may contact them in connection with their customer account as well as to provide information, offers and news via email and SMS.
The customer may revoke this consent at any time with effect for the future, in particular via an unsubscribe link in the respective messages or by contacting Livom Möbel AG.
The processing of personal data is carried out in accordance with the privacy policy of Livom Möbel AG.
General Liability
It is expressly stated that no liability claims may be asserted against Livom Möbel AG for indirect or consequential damages of the customer, unless such damages were caused intentionally or through gross negligence by Livom Möbel AG. In particular, damages resulting from accidents caused by improper use of the items are the customer’s own responsibility.
Claims for damages against Livom Möbel AG are excluded unless Livom Möbel AG or its agents acted intentionally or with gross negligence.
Amendment of the GTC
Livom Möbel AG expressly reserves the right to amend these GTC unilaterally at any time without prior notice.
Applicable Law / Place of Jurisdiction
In all cases, the relationship between you and Livom Möbel AG is governed by Austrian law in accordance with the provisions of the Swiss Code of Obligations (CO) and the Swiss Civil Code (CC). The place of jurisdiction is Switzerland. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
