Terms & Conditions

Terms of sale and delivery

Lebensart kreatives Wohnen GmbH & Co. KG

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Terms and conditions for purchases in our retail store

Our terms and conditions of sale and delivery apply exclusively to all deliveries. All conclusions and agreements require text form to be effective. This also applies to changes in the terms and conditions of sale and delivery. Verbal side agreements do not exist.

§ 1 Prices

All invoices for goods are to be paid at the latest upon receipt of the goods. 1.

1 The prices are fixed prices including value added tax.

2. special work agreed upon in addition to that included in the contract and included in the purchase price, such as decoration or assembly work, veneering and similar work, shall be invoiced additionally and shall be paid at the latest upon acceptance or handover.

§ 2 Reservation of right to make changes

1. ordered furniture is sold according to sample or illustration.

2. there is no right to delivery of the exhibits, unless otherwise agreed upon at the time of the conclusion of the contract.

3. customary and reasonable color, dimension and grain deviations in wood surfaces are reserved. Knotholes are not to be influenced in number, size, depth and arrangement.

4. likewise, customary and reasonable deviations of textiles (e.g. furniture and decorative fabrics) as well as leather materials are reserved with regard to minor deviations in the execution compared to fabric and leather samples, in particular in the color tone and structures.

§ 3 Assembly

(1) If assembly and/or installation has been agreed, it is a prerequisite that this is possible with regard to the local conditions (walls, floors, access routes) and that a functioning electrical connection is available. The Seller shall inform the Buyer of any concerns in this respect prior to assembly. 2.

If special additional expenses (e.g. separate mounting constructions) are required with regard to the installation of furnishings to be suspended due to the suitability of the existing walls, the Seller may invoice these additional services separately at the usual local and reasonable prices plus VAT. 3.

The Seller's employees entrusted with the delivery, assembly and/or installation shall not be authorized to amend the contract concluded with the Buyer (to extend or reduce the scope of services) and shall therefore not perform any work that goes beyond the Seller's contractual performance obligations. These employees shall, however, be entitled to accept declarations of handover/acceptance from the Purchaser vis-à-vis the Seller.

(4) The Buyer shall ensure prior to the conclusion of the contract that the furniture ordered from the Seller will fit through the front door, the staircase and the apartment door of the place of delivery. If the furniture cannot be delivered to the Buyer's home by normal means (entrance, staircase), the Seller may demand compensation for additional expenses incurred as a result or refuse delivery to the home. In this case, the Seller may require the Buyer to accept the furniture within a period of 2 weeks. If he fails to do so, the Buyer shall be in default of acceptance.

§ 4 Delivery

The delivery period up to the agreed delivery date shall commence:

1. with the expiry of any right of withdrawal granted to the Buyer;

2. or with the announcement of the exact measurements in the case of contracts with approximate data or after the execution of an agreed measurement.

3. or after execution of an agreed measurement.

§ 5 Retention of title

(1) The goods shall remain the property of the Seller until all obligations arising from the contractual relationship have been fulfilled in full.

(2) The Buyer undertakes to maintain the Seller's ownership accordingly even if the delivered goods are not intended directly for the Buyer but for third parties and shall expressly draw the recipient's attention to this retention of title.

(1) The Buyer shall treat the goods subject to retention of title with care.

(2) Any change of location and interventions by third parties, in particular seizures, shall be notified to the Seller immediately in text form, in the case of seizures by attaching the seizure protocol.

In the event of non-compliance with the obligations of the Buyer stipulated in clauses 1 (2) and 2 (2), the Seller shall be entitled to withdraw from the contract.

§ 6 Transfer of risk

(1) If the Buyer is in default with the performance of the contract or does not specify a delivery date within four weeks upon request or refuses to perform the contract, the Seller shall be entitled to claim 25% of the purchase price as liquidated damages. The exercise of this right shall be conditional upon the expiry of a two-week grace period to be granted by the Seller to the Buyer, which shall be dispensable in the event of refusal to perform the contract.

2. ordered goods can be stored free of charge for up to 20 days. Thereafter, in the event of default in acceptance, the Seller shall be entitled to demand a lump sum for the costs of storage of the goods in the amount of € 1.00 per m³ and day.

3. in all cases of this clause the assertion of a higher, concretely to be proved damage as well as the proof that no or a smaller damage has arisen at all remains unaffected.

§ 7 Default or refusal to perform by the Buyer

(1) If the Purchaser is in default with the performance of the contract or if, upon request, it fails to specify a delivery date within four weeks or refuses to perform the contract, the Seller shall be entitled to claim 25% of the purchase price as liquidated damages. The exercise of this right shall be conditional upon the expiry of a grace period of two weeks to be set by the Seller to the Purchaser, which shall be dispensable in the event of refusal to perform.

2. in case of default of acceptance, the Seller shall be entitled to charge a lump sum for the costs of storage of the goods in the amount of 1% of the price of the stored goods per week or part thereof, but not more than € 15.00 per week or part thereof.

3. in all cases of this point the assertion of a higher, concretely to be proved damage as well as the proof that no or a smaller damage has arisen remains untouched.

§ 8 Withdrawal by the Buyer and Seller

(1) The Seller may withdraw from the contract if the manufacturer has discontinued production of the ordered goods or in cases of force majeure, provided that these circumstances have occurred only after conclusion of the contract and the Seller is not responsible for the non-delivery and the Seller further proves that it has made efforts to procure the goods in vain. The Seller shall inform the Buyer of the circumstances without delay. The Seller shall refund any payments made by the Buyer. 2.

(2) In the event of disruptions in business operations for which the Seller is not responsible, in particular labor strikes and lockouts as well as pandemics and cases of force majeure which are based on an unforeseeable event for which the Seller is not responsible and which lead to operational disruptions at the Seller or its suppliers, the agreed delivery periods shall be extended by the duration of the disruptions in performance caused by these circumstances.

(3) In the event that the Seller fails to deliver on time, the Buyer may only withdraw from the contract after it has unsuccessfully granted the Seller a reasonable grace period for performance in writing. If the Seller has effected a partial performance to which it is entitled, provided that this is reasonable for the Buyer, the Buyer may only withdraw if it is no longer interested in the partial performance. If the seller has not performed the service in accordance with the contract, the buyer may not withdraw from the contract if the breach of duty is insignificant. This shall also apply if the Buyer is in default of acceptance. 4.

If the Buyer is entitled to withdraw from the contract, the Seller shall be entitled to claim compensation for the expenses incurred for the use and depreciation of the delivered furniture by way of damages. He may also claim compensation for transport and assembly costs, provided that he proves the amount of the costs.

§ 9 Warranty and liability

(1) The Seller warrants that the delivered goods are free from defects in design, workmanship and materials. The warranty does not extend to natural wear and tear, improper handling or use and further use of damaged goods (see also § 11 Intended use).

The Seller may refuse the type of supplementary performance chosen by the Buyer if this is only possible at disproportionate cost. In this case, the Buyer's claim shall be limited to the other type of subsequent performance provided for by law, unless this is also only possible at disproportionately high costs. In this case and if the supplementary performance has failed, the Buyer may at least or at its option withdraw from the contract. If the Seller has delivered a defect-free item for the purpose of subsequent performance, it may demand that the Buyer return the defective item. Any other rights of the Buyer shall remain unaffected. 3.

The Buyer may only assert claims for damages in the event of intentional or grossly negligent breach of contractual or non-contractual obligations by the Seller, a legal representative or vicarious agents. The assertion of damages by the buyer from the injury to life, body or health remain unaffected by this.

(4) If the supplementary performance to be rendered by the Seller consists in the repair of the object of purchase, the Buyer shall give the Seller the necessary time and opportunity - as far as reasonable also in the Buyer's home.

(5) In case of sale of serial furniture, the Seller shall be entitled to deliver goods of the same kind and quality. Goods of the same kind and quality in this sense shall also include items that differ slightly from the selected items as a result of a change in production at the manufacturer's plant.

The Buyer shall not be entitled to withhold payments on the basis of notices of defects, unless the withheld payment is in reasonable proportion to the defects claimed.

§ 10 Buyer's obligation to give notice of defects (also in case of third party damages)

Damage to the Buyer's or third parties' property caused by the Seller's transport personnel or a third party company commissioned by the Seller during delivery and assembly of the item shall be notified by the Buyer without delay, i.e. at the time of delivery or assembly. In addition, the buyer is obliged to visually inspect the delivered goods. Any damage visible to the naked eye must be claimed immediately and noted on the delivery bill. Later complaints can no longer be considered.

§ 11 Intended use

The furniture and accessories sold by Lebensart are intended exclusively for private use. In the case of commercial use, no warranty can be accepted. Furthermore, excluded from the warranty are damages caused to the buyer by natural wear and tear, use-dependent wear and tear, moisture, temperature, light, weather, improper handling, willful destruction, misappropriation, transport and accidental damage.

§ 12 Final provisions

In the event of invalidity of individual provisions of this contract, the validity of the remaining content of the contract shall not be affected.

Status: 12.12.2019