Terms of service

General Terms and Conditions

§1 Scope of application

1. These General Terms and Conditions (hereinafter referred to as "GTC") of Luxvivendi GmbH, Thurn-und-Taxis-Platz 6, 60313 Frankfurt am Main (hereinafter referred to as "Luxvivendi" or "Seller") govern the use of the online platform provided by Luxvivendi at (https://luxvivendi.com) (hereinafter referred to as "Platform") and also apply to all contracts for goods and services (hereinafter uniformly referred to as "Product" or "Products") concluded by Luxvivendi with customers via the Platform.
2. The customer is a consumer insofar as the purpose of the contract concluded cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
3. The GTC are available electronically at https://luxvivendi.com/policies/terms-of-service in printable and storable form.
4. Deviating general terms and conditions of the customer shall not be recognised unless the Seller expressly agrees to their validity in text form

 

§2 Customer account, use without registration

1. In principle, it is possible to use the Platform without registering. Registration as a user is required to use certain services on the Platform. Registration as a user takes place by opening a customer account (hereinafter "customer account"). Upon registration by opening a customer account, a contract of use (hereinafter "contract of use") is concluded between Luxvivendi and the customer. There is no entitlement to the conclusion of a contract of use.
2. The customer account registration is free of charge. Each customer may only open one customer account. Luxvivendi reserves the right to cancel multiple registrations. Registration is only permitted for legal entities, partnerships and natural persons with unlimited legal capacity. Minors may not open a customer account. The customer account is not transferable. The data requested by Luxvivendi during registration must be complete and correct. If the registration is not complete, Luxvivendi will not open the customer account. If a customer account has been opened by Luxvivendi despite incomplete information, Luxvivendi reserves the right to delete the customer account after a reasonable period of time. If the customer account is not used for more than six months, Luxvivendi is also authorised to delete the customer account. The customer will be informed of this prior to deletion and may object to the deletion.
3. If the data provided changes after registration, the customer is obliged to update the data immediately.
4. Access to the customer account is secured by a password. The customer is obliged to keep his password secret and to carefully secure access to his customer account. If there are any indications of misuse of the customer account, the customer is obliged to inform Luxvivendi immediately.
5. We reserve the right to amend these GTC at any time with effect for the future. The customer will be notified of such changes by e-mail four weeks before they come into effect. If the customer does not agree to the changes within a further four weeks of receiving the aforementioned e-mail, Luxvivendi reserves the right to terminate the contract of use.
6. The customer and Luxvivendi may terminate the licence agreement at any time without notice. If Luxvivendi has terminated the contract of use, the customer has no claim to the establishment of a new contractual relationship for the use of the Platform and/or the creation of a new customer account, not even under a different name or another designation.
7. After termination of the contract of use, Luxvivendi will delete the data provided by the respective customer or generated by his use of the Platform in his customer account. Notwithstanding the above, Luxvivendi shall retain this information even after the end of the contract if Luxvivendi is legally obliged to do so or has a legitimate interest in doing so. This applies in particular if the customer has placed orders via the customer account. Data generated through use (e.g. statistics on sales in a category) will generally continue to be stored even after the end of the contract of use. Further details can be found in the privacy policy (https://luxvivendi.com/policies/privacy-policy).

 

§3 Contracting party, conclusion and execution of contract, invoices

1. The contracting party for the conclusion of contracts for Products purchased by the customer via the Platform is exclusively the Seller. The Seller is the contact person for any complaints from the customer that arise in the course of contract fulfilment.
2. The Products presented by the Seller on the Platform do not constitute binding offers on the part of the Seller, but serve the purpose of the submission of a binding offer by the customer.
3. The customer can select from the Products published on the Platform and collect them in a so-called “CART” by clicking on the button "ADD TO CART". By clicking on the button "ADD TO CART", the selected Product is placed in the cart and a brief overview of the Products placed in the cart appears. By clicking on the button "VIEW CART", the customer gains access to the cart and can delete the Products in the cart or change the quantity. For each Product, the customer is shown the unit price, the selected quantity and the total price including VAT. In addition, the customer has the option of clicking on the linked button "Shipping" to obtain more detailed information on this topic. Furthermore, the customer is informed that shipping will be charged at the checkout. In addition, the customer also has the option of having the shipping costs calculated in advance. To do this, it is necessary to enter the country, the federal state/canton and the postcode. By clicking on the button "ESTIMATE", the shipping costs are displayed. In the further ordering process, the customer can log in to his customer account after clicking on the button "CHECKOUT" by entering his e-mail address and password and clicking on the link "To your Account". If the customer does not have a customer account, he can register for one or order as a guest.
4. If the customer is not yet registered, he will be asked to enter his data in an input mask in the "Delivery" section (e.g. e-mail or mobile phone number, country/region, first name, last name, address etc., telephone (optional), company name, company ID/EUID number, bank details). After entering the address, the shipping costs are displayed under the "Shipping method" section. In addition, the total net price, the net unit price, the shipping costs and the total gross price plus the VAT amount included are displayed again on the right-hand side. Finally, the customer can select a payment method (e.g. credit card, PayPal) by clicking on the "Payment" section. By ticking the box "Use shipping address as billing address", the customer can select whether the shipping address should also be used as the billing address. If a different address is to be used as the billing address, the customer has the option of entering this accordingly. After logging in/registering the customer account or creating a guest account, the customer is shown the Products in cart and their quantity together with the total price (net), the shipping costs and the total price (gross) of the order together with the VAT amount contained therein under the heading "Review order". The e-mail address, the selected delivery address, shipping method and payment method are also displayed. The customer has the option of obtaining further information on these topics by clicking on the buttons "Terms of service" and "Refund policy". By clicking on the button "Order with obligation to pay", the customer simultaneously makes the declaration "By completing your order, you agree to our Terms of Use and Refund Policy". The customer also has the option of changing his account, delivery address and payment method via a corresponding link. In addition, the customer can click on the relevant section to find out more about the following topics: Refund policy, Shipping policy, Privacy policy, Terms of service, Legal notice, Contact information. The customer can also check their selection again. At the end of the order process, the customer is redirected to the button "Order with obligation to pay". The customer only submits a binding request to purchase/order the Products in the cart by clicking on the button "Order with obligation to pay". After clicking on the button "Order with obligation to pay", an order confirmation with order details is displayed.
5. The customer receives an automatic confirmation of receipt by e-mail, in which the customer's order is displayed again via a link. The GTC and the Refund Policy/Sample withdrawal form are attached to the e-mail as a pdf. The customer can print out the GTC, the Refund Policy/Sample withdrawal form and the customer information. The automatic confirmation of receipt merely documents that the customer's order has been received by the Seller and does not constitute acceptance of the application when ordering Products.
6. The contract is only concluded when the Seller issues a declaration of acceptance, which is sent in a separate email (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the customer is sent the contract text (consisting of the order, GTC and order confirmation) by the Seller on a permanent data carrier (e-mail or paper printout) (contract confirmation).
7. The contract is concluded in English. The text of the contract is stored by the Seller in compliance with data protection laws.
8. The customer agrees to receive invoices exclusively electronically by e-mail in PDF format or, if a customer account exists, to receive them additionally in the customer account area on the Platform.
9. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular when using SPAM filters, the customer must ensure that all e-mails sent by the Seller can be delivered.
10. The Seller has undertaken to comply with the law. Otherwise, the Seller has not submitted to any code of conduct.

 

§4 Right of Withdrawal and sample withdrawal form

Consumers have a right of withdraw in accordance with the following provisions:

 

Right of Withdrawal

You have the right to withdraw from the contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier,

1. a) have taken possession of the goods, if you have ordered one or more goods as part of a single order and these are delivered as a single order;
2. b) have taken possession of the last goods or have taken possession of the last goods if you have ordered several goods as part of a uniform order and they are delivered separately;
3. c) have taken possession of the last partial consignment or the last partial piece or have taken possession of the last partial consignment or the last partial piece if you have ordered goods that are delivered in several partial consignments or pieces, have taken possession of the first goods or have taken possession of the first goods if goods are delivered as part of an order for the regular delivery of goods over a certain period of time.

 

To exercise the right of withdrawal, you must inform us

Luxvivendi GmbH

Thurn-und-Taxis-Platz 6, 60313 Frankfurt am Main,

Telephone no.: +49 69 257 37 52 84, e-mail: office@luxvivendi.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not obligatory.

To meet with the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

 

Consequences of Withdrawal

If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us

Luxvivendi GmbH

Thurn-und-Taxis-Platz 6, 60313 Frankfurt am Main,

immediately and in any case within fourteen days at the latest from the day on which we are informed about your decision to withdraw from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

We bear the cost of returning the goods. If the goods cannot be returned normally by post due to their nature, we will collect the goods at our expense.

You 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 quality, characteristics and functioning of the goods

- End of the right of withdrawal -

 

Attention: The Right of Withdrawal does not exist or expires for the following contracts:

• for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
• for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs;
• for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
• for the delivery of alcoholic beverages whose price was agreed at the time the purchase contract was concluded, but whose delivery can only take place after 30 days and whose current value depends on market fluctuations over which the Seller has no influence.

The Right of Withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

 

Sample withdrawal form

(If you wish to withdraw from the contract, please complete and return this form, whereby the use of the form is not a prerequisite for an effective cancellation).

 

To

Luxvivendi GmbH

Thurn-und-Taxis-Platz 6

60313 Frankfurt

E-mail: office@luxvivendi.com

 

I/We (*) hereby give notice that I/We withdraw from my/our (*) contract of sale of the following goods (*):

 

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

 

Signature of the consumer(s) (only for notification on paper)

 

Date

 

(*) Delete as appropriate.

• 5 Delivery, Product availability

1. The ordered Products shall be delivered to the delivery address specified by the customer. The delivery address specified in the order processing on the Platform is decisive for the processing of the transaction. Further information on delivery can be obtained via the Platform https://luxvivendi.myshopify.com/policies/shipping-policy after logging in/registering the customer account or creating guest access under the heading "Order overview" in the subsection "Delivery status". It should be noted that all information on the availability/shipping or delivery of a Product is merely anticipated information and approximate guide values. They do not constitute binding or guaranteed dispatch or delivery dates, unless these are expressly stated as binding dates in the dispatch options for the respective goods.
2. The Seller is authorised to make partial deliveries, insofar as this is reasonable for the customer.
3. If no copies of the goods selected by the customer are available at the time of the customer's order, the customer will be informed of this immediately in the order confirmation by e-mail or - if a customer account exists - additionally by message to the customer account. If the goods are permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. The Seller shall inform the customer of this immediately and, if applicable, refund any consideration already received without delay.
4. If the goods specified by the customer in the order are only temporarily unavailable, the customer will also be informed of this immediately in the order confirmation.

• 6 Prices and shipping costs

1. The goods are dispatched by a shipping service provider. The shipping risk is borne by the Seller if the customer is a consumer.
2. In the event of a revocation, the Seller shall bear the costs of the return shipment.

• 7 Retention of title

The delivered goods remain the property of the Seller until full payment has been made.

• 8 Payment modalities, repayments, due date

1. The Seller has commissioned the payment service provider [Shopify International Limited, 2nd Floor VictoriaBuildings 1-2 Haddington Road, Dublin 4, D04 XN32, Irland] (hereinafter "payment service provider") to process payments between the customer and the Seller. In principle, the customer can pay with all payment methods provided by the payment service provider during the purchase process (e.g. by credit card, PayPal). Depending on the risk assessment, individual payment methods may not be offered in individual cases. The customer has the option of initiating returns and cancelling purchases via their customer account or guest access. In addition, the customer can change the payment method stored in their customer account at any time.

1. Any refunds will be made automatically to the account used by the customer. In the case of payment in advance, SEPA direct debit or on account, for example, the refund will be made to the account from which the transfer was made. If the customer has paid by PayPal or credit card, the refund will be made to the corresponding PayPal or credit card account.
2. Payment of the purchase price is due immediately after conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the payment deadline. In this case, the customer shall pay the Seller interest on arrears for the year at a rate of 5 percentage points above the base interest rate. If the customer is an entrepreneur, the default interest shall be 9 percentage points above the base interest rate.
3. The customer's obligation to pay default interest does not preclude the Seller from claiming further damages for default.

• 9 Warranty for material defects

The Seller is liable to consumers for material defects in accordance with the statutory provisions. The warranty period for goods delivered by the Seller to entrepreneurs is 12 months.

• 10 Liability

1. Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Material obligations are obligations whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment is essential for the proper performance of the contract or on whose compliance the customer may regularly rely.
2. In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health. Material obligations are those whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment makes the proper execution of the contract possible in the first place or on whose compliance the customer may regularly rely.
3. The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.
4. The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if the Seller and customer have reached an agreement on the quality of the goods. The provisions of the Product Liability Act remain unaffected.

• 11 Processing of personal data

The customer as the data subject is informed about the processing of personal data by the Seller, including the transfer to third parties and the rights of the customer, in a separate "Privacy Policy", which can be accessed via the Platform at https://luxvivendi.com/policies/privacy-policy.

• 12 Dispute resolution

Dispute resolution: The EU Commission has created an internet Platform for the online settlement of consumer disputes. Further information can be found at the following link: http://ec.europa.eu/consumers/odr.

The Seller is generally not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

• 13 Final provisions

1. We reserve the right to make changes to the Platform and our GTC at any time with effect for the future.
2. The contract between the Seller and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and private international law. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the Seller shall be the registered office of the Seller.