Terms and Conditions
General terms and conditions of Living Crafts GmbH for online sales
(1) These general terms and conditions shall apply to all business relations between Living Crafts GmbH & Co. KG (hereinafter referred to as: Living Crafts) and their customers when ordering via the Living Crafts online shop in the respective version current at the time of conclusion of the contract. This document can also be downloaded as a PDF file.
(2) The general terms and conditions of Living Crafts shall apply exclusively. Any terms and conditions of the customer that are contrary to or deviate from the terms and conditions of Living Crafts shall not be recognised unless Living Crafts has expressly agreed to them in writing in an individual case.
(3) End user in the sense of these general terms and conditions means consumer in the sense of Section 13 German Civil Code.
(4) Reseller in the sense of these general terms and conditions means entrepreneur in the sense of Section 14 German Civil Code.
(5) Together, end users and resellers are referred to as customers.
(1) Every order for goods requires prior registration as a customer with Living Crafts. Multiple registration under different names or addresses is not permitted. Upon successful completion of the registration process, the customer is approved for the system by Living Crafts.
(2) Approval may be revoked by Living Crafts at any time and without stating reasons. In this case, Living Crafts is entitled to immediately block the username and the corresponding password.
(3) Resellers must prove their entrepreneurial status.
3. Conclusion of the contract
(1) The sale of goods to end consumers shall only take place in quantities customary for households. The presentation of the Living Crafts product range on computers accessible via the Internet does not constitute an offer in the sense of Sections 145 ff German Civil Code. It is subject to change and non-binding.
(2) By sending an order to Living Crafts via the website, e-mail, telephone, fax or other means of communication, the customer makes an offer in the sense of Sections 145 ff German Civil Code on the conclusion of a purchase contract with Living Crafts. The customer receives a confirmation of receipt of the order by e-mail (order confirmation). This does not yet constitute acceptance of the offer, but is only intended to inform the customer that the order has been received by Living Crafts. Living Crafts may accept an order by sending an order confirmation by e-mail or by delivering the goods within ten days. Living Crafts shall point out possible errors in the information on the product range on the website to the customer separately, if necessary, and submit a corresponding counter-offer to the customer.
(3) The contract with Living Crafts shall be concluded when Living Crafts accepts this offer by sending an order confirmation or the ordered product to the customer.
(4) The minimum order value for end consumers is € 25.00. All prices include the applicable statutory value added tax. For orders under € 25.00, a minimum quantity surcharge of € 5.00 will be levied. The minimum order value for resellers is € 120.00 (net). For orders below the minimum order value, a surcharge of € 21.00 (net) will be levied.
(5) The contractual language shall be German.
4. Delivery, shipping costs, online parcel tracking
(1) Living Crafts shall deliver the ordered goods to the address specified by the customer in the order as quickly as possible. Living Crafts shall be entitled to make partial deliveries and render partial services at any time, provided that these are reasonable for the customer.
(2) Living Crafts shall charge a flat rate for postage and packaging for each order. Current details on shipping costs per region, as well as other fees and taxes, can be found by end consumers at https://www.livingcrafts.de/en/shipping-and-delivery. Resellers will find the current shipping and delivery conditions in the valid dealer price list. If partial deliveries are made by Living Crafts, Living Crafts shall bear the additional postage costs.
(3) Delivery within Germany is regularly made via DHL GO GREEN CO2- NEUTRAL to the address provided by the customer. Shipments to post office boxes and items held in postal storage are possible.
(4) If the customer has provided Living Crafts with an e-mail address when placing the order, Living Crafts shall provide the customer with a parcel number as soon as the customer's order is sent to Living Crafts. With the parcel number, the customer can check the parcel status via DHL. However, Living Crafts has no influence on the query and query status.
(5) For deliveries to non-EU countries, additional customs duties, taxes and fees apply. Further information on customs duties can be found, for example, at http://ec.europa.eu and on import VAT at http://auskunft.ezt-online.de/ezto/Welcome.do and specifically for Switzerland at http://xtares.admin.ch
5. Due date and payment
(1a) Subject to Section 5 (5), the purchase price and any shipping costs shall become due upon conclusion of the contract.
(2) Living Crafts accepts the following methods of payment for end consumers: direct debit from an account in Germany, direct debit authorisation, prepayment, credit card, PayPal and Sofortüberweisung, as well as purchase on account and purchase on instalments. If the direct debit payment method is chosen, the amount due will be collected by Living Crafts. If the prepayment payment method is chosen, the goods will only be delivered when the full amount is on the named Living Crafts account.
(3) Living Crafts reserves the right to exclude a customer from the payment methods listed under Section 5 (2) at any time without giving reasons.
(4) Resellers may only pay in advance or by SEPA direct debit mandate.
(5) Living Crafts reserves the right, in particular, in the event of a customer being in arrears with payment, to accept only the prepayment payment method. The same applies to end consumers if the value of goods of all orders, the sum of outstanding invoices or orders already dispatched exceeds an amount of € 200.00 at the time of a new order. In these cases, the order will only be processed after receipt of payment.
(6) If the customer is in default, Living Crafts shall be entitled to demand default interest in the amount of 5 percentage points above the respective base interest rate (Section 247 German Civil Code). The right of Living Crafts to claim higher damages shall remain unaffected.
(7) The customer shall only be entitled to set-off if and to the extent that its counterclaims are legally established, undisputed or recognised by Living Crafts. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same purchase contract.
(8) Living Crafts has the right to assign its claims to third parties.
6. Ownership and resale
(1) Living Crafts shall retain title to the goods until receipt of all payments under the purchase contract. The customer shall immediately inform Living Crafts in writing of any access by third parties, in particular of compulsory execution measures and other impairments to its property. The customer shall compensate Living Crafts for all damages and costs arising from a breach of this obligation and from necessary intervention measures against access by third parties. If the customer behaves in breach of contract, in particular if the customer does not meet his payment obligation despite a reminder from Living Crafts, Living Crafts shall be entitled to withdraw from the contract after setting a reasonable deadline in advance and to demand the return of the goods still in its ownership. Taking back the goods or seizure by Living Crafts shall constitute a withdrawal from the contract. The customer shall bear the shipping costs incurred in the process. Living Crafts shall be entitled to dispose of the goods after they have been returned. The proceeds of realisation shall be credited against the customer's liabilities – less reasonable realisation costs.
(2) Resellers undertake not to resell any ordered or purchased goods via the online marketplace www.avocadostore.de. In the event of a violation, Living Crafts reserves the right to immediately terminate the supply relationship with the customer. Further claims, e.g. due to breach of contractual duty, shall remain unaffected
(1) End consumers have the right to withdraw from any contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the goods were taken possession of personally or by a third party who is not the carrier. To exercise the right of withdrawal, Living Crafts GmbH, Schlesier Str. 11, 95152 Selbitz, phone: 09280/981080, fax: 09280/9810830, e-mail: email@example.com must be informed by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of the decision to revoke a contract. The sample withdrawal form below can be used for this purpose, but is not mandatory. The sample withdrawal form or another clear declaration can also be downloaded electronically from the website www.livingcrafts.de. In order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal was sent before the expiry of the withdrawal period.
(2) Consequences of withdrawal: In the event of withdrawal, Living Crafts shall refund all payments previously received, including delivery costs (with the exception of additional costs resulting from the fact that a type of delivery other than the cheapest standard delivery offered by Living Crafts was chosen), without undue delay and at the latest within fourteen days from the day on which Living Crafts received the notification of withdrawal. The same means of payment that was used for the original transaction will be used for this repayment, unless expressly agreed otherwise; in no case will any fees be charged because of this repayment. Living Crafts may refuse repayment until it has received the goods back or until proof has been provided that the goods have been returned, whichever is the earlier. The end consumer must return or hand over the goods immediately and in any case no later than within fourteen days from the day on which Living Crafts was informed of a withdrawal. The deadline is met if the goods are dispatched before the expiry of the period of fourteen days. The end consumer shall bear the direct costs of returning the goods. The end consumer only has to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the quality, characteristics and functioning of the goods.
(3) The right of withdrawal is excluded for contracts: a) For the delivery of goods manufactured according to customer specifications b) With goods clearly tailored to personal needs c) With goods that are not suitable for return due to their nature d) With goods which can spoil quickly e) With goods whose expiry date has passed.
(4) Sample withdrawal form: I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*). Ordered on (*)/received on (*), name of consumer(s), address of consumer(s), signature of consumer(s) (only in case of paper communication), date (*)
(1) Living Crafts shall be liable for defects existing at the time of handover of the goods within the scope of the statutory provisions. For contracts with end consumers, the warranty period is 2 years.
(2) For resellers, the warranty period is limited to one year.
(3) Should the customer receive a defective or damaged product despite careful checks, the customer may contact Living Crafts' customer service from Monday to Thursday between 09:00 and 16:00 and on Friday between 09:00 and 14:00. This can be reached as follows: E-mail: firstname.lastname@example.org, Phone: 09280/981080 (subject to charge), fax: 09280/9810830 (subject to charge).
(4) In the event of a return, please use the return form enclosed with the delivery and briefly describe the defect or damage.
The provider and contractual partner of the offers on this website: Living Crafts GmbH, Schlesier Straße 11, 95152 Selbitz. General partner: Living Crafts Verwaltungs GmbH (Selbitz; Register: Local Court Hof/Saale HRB 3724) Company registered office: Selbitz; Managing Director: Frank Schell; Registry court: Hof /Saale Local Court, HRA 3724; VAT ID no.: DE348722495. E-mail: email@example.com Phone: 09280/981080 (subject to charge) Fax: 09280/9810830 (subject to charge) The return address can be found on the delivery note. Otherwise: Living Crafts GmbH, Schlesier Straße 11, 95152 Selbitz.
10. Invoices / Orders
Invoices shall be kept by the customer. They are necessary as proof of purchase or for the insurance in case of theft. The customer's orders are stored by Living Crafts in compliance with data protection (see data protection statement: https://www.livingcrafts.de/en/data-privacy-statement) and can be viewed in the customer login area. If the customer no longer has any documents relating to an order, the customer may also contact Living Crafts via the addresses stated in Section 9. Insofar as the order data is still stored in consideration of data protection, it can be sent as a copy against payment of costs by the customer.
(1) Living Crafts shall be liable without limitation for damage caused intentionally or by gross negligence, in the event of fraudulent concealment of defects, in the event of the assumption of a guarantee of quality and for bodily injury. The provisions of the German Product Liability Act shall remain unaffected.
(2) Living Crafts shall only be liable for other damages caused by simple negligence if an obligation is violated whose compliance is of particular importance for the achievement of the purpose of the contract (cardinal obligation) and if the damages are typical and foreseeable due to the contractual use of the goods. Any further liability for damages, in particular for damages that have not occurred to the delivery item itself, for lost profits or other financial losses, is excluded. Insofar as the liability of Living Crafts is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
12. Final provisions
(1) The legal relationship between the customer and Living Crafts shall be governed by German law without the conflict of law rules of private international law and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is an end consumer, the law of the customer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.
(2) If the customer is a reseller, Hof is the exclusive place of jurisdiction for all claims in connection with the business relationship.
(3) Should one or more provisions of these general terms and conditions be wholly or partially invalid or later lose their legal validity, this shall not affect the validity of the remaining provisions of these general terms and conditions.
VERSION: January 2022