Terms & Conditions

Terms of sale and delivery

Lebensart kreatives Wohnen GmbH & Co. KG

>> to our terms and conditions for the purchase in the retail store

>> to our terms and conditions for online purchase on www.lebensart-berlin.de

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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.

General Terms and Conditions for Online Purchases at www.lebensart-berlin.de

§ 1 Scope of application

For the business relationship between Lebensart kreatives Wohnen GmbH & Co. KG (the operator of www.lebensart-berlin.de) and the customer are exclusively the following General Terms and Conditions (GTC) in the version available at the time of the order on the Internet. The AGBs can be stored and/or printed out for the purpose of the order by the customer. The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18.

§ 2 Contracting party and conclusion of the contract

The purchase contract is concluded with
Lebensart kreatives Wohneb GmbH & Co. KG.
Ahornstr. 4, 12163 Berlin
Tel.: 030 / 89 54 00 88

VAT ID No.: 186 719 251

The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. By clicking on the "Buy Now" button, you are making a binding offer to purchase the items in your shopping cart and will be redirected to our partner PayPal for payment. There you enter your data and pay the desired item(s). The order processing via PayPal is not yet an acceptance of your binding offer. The contract between the customer and the seller comes only through our acceptance of your binding offer. This is done either by sending an order confirmation or by sending the goods.

The prices at the time of the order, as shown on the Internet pages, apply. The prices and, if applicable, shipping costs are stated in euros and include VAT and apply only to deliveries within Germany. We assume no liability for printing errors, mistakes or technical errors. For deliveries abroad, we will be happy to provide you with a non-binding offer. Please contact us by e-mail to ....

The ordering process in our online store:

You choose a product from our assortment, which you order by clicking on the button "Buy now". You will be redirected to our partner PayPal, where you pay for the items.
In the last step at PayPal, please check all details again and follow the instructions on the PayPal page to order. Within one business day you will receive an order confirmation from us and for digital gift certificates also the item. For physical goods, the items will be delivered within the specified delivery time.
§ 3 Shipping costs and delivery time

Please refer to the product page for shipping costs. The delivery time is also noted with the article. Delivery is made, depending on the goods, by freight forwarding or by parcel delivery. We do not deliver to packing stations.

For freight forwarding delivery, our freight forwarder will contact you by phone a few days before the scheduled delivery to let you know the time window of the delivery. However, you can also agree on a new delivery date with the freight forwarder.

§ 4 Performance and delivery obligation

Due to delays in delivery by our manufacturers, the delivery time for an order may be extended or the delivery may be cancelled altogether. If we are not responsible for these reasons, we are entitled to withdraw from the contract and the customer will be reimbursed immediately for the service already rendered. The customer is then not entitled to compensation for damages for this reason. The customer will be notified immediately of any delays or cancellation.

These provisions shall also apply in the event of force majeure or other events that make delivery significantly more difficult or impossible and for which we are not responsible. These include, but are not limited to, fire, flood, labor disputes, operational disruptions, strikes and official orders that are not attributable to our operational risk. We will then notify the customer of the cancellation as soon as possible and refund any service already provided without delay.

We reserve the right to send orders in partial deliveries, unless the customer has expressly stated in the order that he does not want this or if a partial delivery is not reasonable. Even in the case of partial deliveries, the previously agreed shipping costs will only be incurred once.

It is possible that the products change in structure, color, shape, dimensions, weight as well as in terms of technical specifications compared to our illustrations and product descriptions. We reserve the right to make such changes insofar as they are in the nature of the materials used, are customary in the trade or are only minor.

§ 5 Retention of title

The goods remain our property until full payment has been received.

§ 6 Transport damage

The buyer must immediately check the goods for transport damage upon receipt and, in the event of damage, notify the transport service provider immediately and in text form. Transport damage that only becomes apparent after the goods have been unpacked must be reported to the seller within five working days. If the report is not made in time, the seller is not obliged to assume liability for the transport damage.

§ 7 Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

To exercise your right of withdrawal, you must notify us (Lebensart kreatives Wohnen GmbH & Co. KG, Ahornstraße 4, 12163 Berlin, Tel.: 030 / 89 54 00 88, ...) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

"Our sample cancellation form can be found here

§ 8 Notice of defects, warranty, liability limit

The seller assumes the statutory warranty on all goods sold by him, whereby the limitation period for statutory warranty claims is 2 years. The buyer has to examine the received goods immediately after arrival for quantity and condition. He has to report obvious defects as soon as possible, at the latest within seven days, by written notification to the seller. If products or services are given under warranty for rectification, where the complaint is unjustified, the seller is entitled to charge the buyer the cost of the inspection plus shipping costs, provided that the complaints are obviously unjustified. As warranty, the buyer can initially only demand rectification, whereby the seller can also deliver a replacement item for this purpose. The costs for replacement part deliveries within Germany shall be borne by the Seller. However, the costs for spare parts deliveries to countries outside Germany shall be borne by the Buyer. The Buyer shall grant reasonable time and opportunity for the rectification of defects. If the subsequent performance does not take place within the reasonable period of time, the buyer can demand cancellation of the contract (withdrawal) or reduction of the price (reduction). All other warranty claims of the buyer are excluded, unless they are based on intent, gross negligence or special assurance by the seller.

Claims of the buyer due to defects caused by natural wear and tear, improper use or improper handling are excluded.

§ 9 Liability

The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if such damage was caused by negligence, unless the damage claims of the Customer are based on injury to life, body or health.

The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.

The provisions of the Product Liability Act shall remain unaffected.

§ 10 Severability clause, contract wording

Should a condition in these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by the relevant statutory provision.

Status: 12.12.2019