Terms of service

General Terms and Conditions

1. Scope

1.1 The following Terms and Conditions of Business and Delivery apply exclusively to all offers, deliveries, and services provided by Livior GmbH (the Seller). Any counter-confirmations by the customer referring to their own terms and conditions are expressly rejected. Deviating agreements are valid only if made in writing; verbal side agreements are deemed not to have been made.

2. Conclusion of the Contract, Changes to the Items to Be Delivered

2.1 Offers made by the Seller are generally subject to change and non-binding. The customer submits the offer to enter into a contract online, by telephone, by fax, or by mail. A contract is not concluded until the customer receives confirmation of acceptance of their order online, by telephone, by fax, or by mail, or until the ordered goods are delivered or handed over to them.

2.2 The seller reserves the right to make technical and/or design deviations from descriptions and specifications in brochures and catalogs, without this giving rise to any claims against the seller. If the manufacturer or supplier makes changes to an ordered item (such as variations in material, dimensions, weight, color, structure, and construction, and/or model type), the Seller reserves the right to deliver an alternative brand corresponding to the ordered item, provided this is reasonable for the Customer and the price of the alternative brand does not exceed that of the originally intended item by more than 5%.

2.3 If the customer purchases devices for which, due to a lack of certification (FTZ/FZZ), the Customer warrants that they are purchasing such devices exclusively for export purposes and indemnifies the Seller against any liability arising from any prohibited operation on the postal network.

3. Delivery and Service Time, Delay in Delivery

3.1 All delivery or service dates represent only an indication of the earliest expected delivery or service availability, but not a fixed calendar date for delivery or service. Therefore, all delivery or service dates are non-binding, unless otherwise expressly agreed in writing with the customer.

3.2 The Seller is entitled to make partial deliveries at any time. The same terms and conditions regarding payment obligations, transfer of risk, and warranty obligations apply to these partial deliveries as to the total performance.

3.3 If a bindingly agreed delivery date is exceeded by more than four weeks, the customer is entitled to withdraw from the contract after issuing a written reminder and setting a reasonable grace period of three weeks.

3.4 Delays in delivery or performance due to force majeure or events that significantly impede or render delivery impossible—such as difficulties in obtaining supplies that are not attributable to the seller, war, riots, strikes, lockouts, operational disruptions, official orders, etc., the Seller shall not be held responsible, even with respect to bindingly agreed delivery or performance dates. In such a case, the Seller is entitled, by written notice to the Customer, to postpone the date of delivery or performance by the duration of the hindrance plus a reasonable grace period thereafter, or, at its option, to withdraw from the contract with respect to the unfulfilled portion of the delivery or performance.

3.5 All risks and perils associated with shipment shall pass to the customer as soon as the goods have been handed over by us to the designated logistics partner.

4. Right of Withdrawal for Consumers

4.1 Consumers are entitled to a statutory right of withdrawal. The details are set forth in our withdrawal policy, which you can access as a separate page in the footer of our online store and which is also provided to the consumer in writing during the ordering process.

4.2 Excluded from the right of withdrawal are, in particular, contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to the consumer’s personal needs (Section 312g(2)(1) of the German Civil Code (BGB)), as well as sealed audio, video, or software media whose seals have been removed after delivery.

5. Prices, Payment, Default in Payment, Set-off, Retention

5.1 The price applicable on the day of delivery according to the Seller’s price list shall be used for billing. Unless otherwise agreed, prices are exclusive of shipping costs and do not include software, separate accessories, installation, training, or other ancillary services. Any agreements to the contrary require written confirmation by the seller.

5.2 Unless expressly agreed otherwise, payments are due immediately upon receipt of the invoice without any deductions. The Seller is not obligated to accept checks as payment; if checks are accepted, such acceptance is only on account of performance.

5.3 The customer shall be in default if, in the case of a cash-on-delivery shipment, the customer refuses to accept the goods, or if, in the case of delivery against an invoice, the customer fails to make the payment owed in full or in part despite a reminder. Default occurs regardless of whether a reminder has been issued if the customer fails to make the payment owed in full or in part within 14 days after the due date and receipt of the invoice or an equivalent request for payment. Once default occurs, the seller is entitled to charge interest at a rate of 5% above the base interest rate. The seller expressly reserves the right to claim further damages resulting from default.

5.4 The Seller reserves the right to provide goods and services only upon advance payment.

5.5 The customer is not entitled to set off its own claims against the seller’s payment claims, unless such claims are undisputed or have been legally established in favor of the customer. Furthermore, the customer is not entitled to assert rights of retention—including those arising from notices of defects—against the seller’s payment claims, unless such rights result from the same contractual relationship.

6. Retention of Title

6.1 Until full payment has been made (in the case of payment by check, until the check has been cashed) for all goods delivered and claims of the seller, the seller retains title to all goods delivered by the seller to the customer. If the customer is a legal entity under public law, a special fund under public law, or a merchant for whom the purchase contract is part of the operation of their business, the retention of title also applies to claims that Livior GmbH has against the customer arising from ongoing business relationships.

6.2 In the event of a breach of contract by the Customer, the Seller is entitled to demand the return of the purchased goods. The repossession or seizure of the goods subject to retention of title does not constitute a withdrawal from the contract.

6.3 In the event of seizures or other interventions by third parties, the customer must notify the seller immediately in writing.

6.4 Any processing or transformation of the purchased item by the customer shall always be carried out on behalf of the seller or Livior GmbH. If the purchased item is processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in the ratio of the value of the purchased item to the value of the other processed items at the time of processing.

6.5 If the purchased item is mixed with other items not belonging to the seller, the seller shall acquire co-ownership of the new item in proportion to the value of the purchased item relative to the other mixed items at the time of mixing. If the Customer’s item is to be regarded as the principal item, the Customer shall transfer the co-ownership to the Seller on a pro rata basis.

6.6 The customer is entitled to resell the goods in the ordinary course of business. However, the customer hereby assigns to the seller all claims against its buyer or third parties arising from the resale in an amount equal to the claim secured under the retention of title.

7. Transfer of Risk and Insurance

7.1 The risk of accidental loss, damage, or deterioration of a delivered item passes to the customer at the time the delivered item leaves the seller’s business or storage premises. This also applies to delivery free on the door.

7.2 If the shipment or acceptance of the delivered goods is delayed for reasons beyond the Seller’s control, the risk shall pass to the Customer upon notification that the goods are ready for shipment.

7.3 The seller is entitled, but not obligated, to take out insurance in the event that goods are lost or damaged in transit.

8. Warranty, Notice of Defects, Liability

8.1 The customer must inspect the goods delivered by the seller immediately upon receipt to ensure they conform to the contract and function properly, and must notify the seller in writing of any defects, errors, or damage immediately, but no later than 7 days after receipt of the goods, of any defects, errors, or damage in writing. The obligations to inspect and give notice of defects applicable to merchants pursuant to Sections 377 and 378 of the German Commercial Code (HGB) remain unaffected by this provision. The seller assumes no liability for defects, errors, or damage reported late, unless such defects, errors, or damage could not have been detected by the customer during a proper inspection. The burden of proof for this lies with the seller for the first 6 months and thereafter with the customer.

8.2 The Seller’s warranty period is 4 weeks from delivery of the goods.

8.3 This clause applies only to consumers, i.e., any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or self-employed professional activity. The Seller’s warranty period for used items is 1 year from delivery of the goods. However, if the value or suitability of the goods for their normal use or for the use specified in the contract is nullified or diminished for a reason attributable to the natural wear and tear of the goods, the buyer’s warranty claims are excluded. To determine the cause of the impairment of use or reduction in value, the seller reserves the right, in case of doubt, to obtain an expert opinion, the costs of which may be charged to the buyer, provided that six months have already elapsed since delivery of the item.

8.4 The seller’s warranty obligation does not extend to defects, faults, or damage caused by improper or forceful operation, failure to follow operating or maintenance instructions, overuse, or other interference with the delivered goods by the customer or third parties not within the seller’s sphere of responsibility, or arising from other causes (such as disruptions in the supply lines to the goods). The same applies to defects, faults, or damage resulting from modifications made to the items delivered by the seller, the replacement of parts, or the use of consumables for these goods that do not conform to the original specifications. Consumables and wear parts, in particular toner and drums, are excluded from the warranty.

8.5 In the event of defects in the delivered item, the seller is entitled, at its discretion, to repair the defective item or to provide a replacement. To this end, the customer must return the item subject to complaint to the seller in its entirety in the original packaging and describe the reported defects, faults, or damage in as much detail as possible. The seller shall bear the costs of shipping the rejected goods to the seller and the subsequent return shipment, even in the event of a replacement delivery.

8.6 The customer is not entitled to a right to a price reduction, rescission, and/or reimbursement of futile expenses until the seller fails to fulfill its obligation to repair or provide a replacement despite a written request and the setting of a reasonable grace period (at least four weeks) or if at least three attempts at repair or replacement have failed to remedy the defect or damage.

8.7 If an inspection of a disputed item returned to the seller reveals that the defect or damage claimed by the customer does not exist, and the item is in fact free of defects and faults, the seller is entitled to charge the customer for the inspection costs based on actual expenses, payable in cash upon pickup, or, if the item is returned, to collect the shipping costs via cash on delivery.

8.8 The assignment of warranty claims to third parties is generally prohibited.

8.9 If the customer purchases multiple devices under a single contract or acquires a system consisting of multiple devices, it is agreed upon placement of the order that a claim under Sections 8.4 and 8.5 applies only to the individual device affected by defects and under no circumstances to all devices or the entire system. This also applies if a system becomes inoperable in its entirety due to the single defective device.

9. Returns

9.1 Returns must be made in the original packaging or equivalent packaging, after consultation, via mail using a return slip provided by the seller.

9.2 If a more expensive shipping method is chosen, the consumer will be reimbursed for shipping costs only up to the amount of such a return label.

9.3 Returns must always be sent postage-paid. For shipments sent collect, the seller is entitled to refuse acceptance for organizational reasons.

9.4 For heavy or bulky shipments, the return of the goods must be coordinated with the seller.

10. Disclaimer of Liability, Damages

10.1 Unless expressly agreed otherwise, any further claims by the buyer—regardless of their legal basis—are excluded. The seller is therefore not liable for damages that did not arise directly in the delivered goods; in particular, the seller is not liable for lost profits or other financial losses suffered by the buyer. The foregoing exclusion of liability does not apply if the damage is due to willful misconduct, gross negligence, or injury to life, limb, or health caused by the seller, its legal representatives, or its agents.

10.2 The customer is expressly advised of the possibility of data loss due to technical failure and the resulting necessity of performing daily data backups. When processing important data, a customer acts with gross negligence if he or she fails to perform this daily backup.

10.3 If a customer delivers a device for repair or service, the customer agrees that the seller may delete all of the customer’s data for repair and testing purposes without further notice and without first backing up the data. The customer indemnifies the seller against any liability for lost data.

10.4 The customer releases the seller from any liability for damages that may be caused by a virus infecting their software.

11. Place of Performance and Jurisdiction

For all deliveries, Pforzheim, Baden-Württemberg, is agreed upon as the place of performance and venue. The law of the Federal Republic of Germany applies.

12. Special Provisions for the Delivery of Software

12.1 In the case of the delivery of software (standard software) from third-party companies (software manufacturers), the Seller’s terms and conditions regarding warranty and liability shall apply only to the extent that they do not conflict with the manufacturer’s warranty, license, and terms of use.

Packaging Ordinance

In accordance with the provisions of the Packaging Ordinance, we are obligated to accept the return of packaging for our products and to ensure its reuse or disposal. Please contact us for further clarification regarding returns (email: info@livior.de). We will then provide you with the name of a local collection point or a waste management company in your area that will accept the packaging free of charge. You may also return the packaging to us.

Battery Ordinance

As a consumer, you are legally required to dispose of used batteries and rechargeable batteries at a collection point in your municipality or at our collection point: Livior GmbH, Hauptstraße 86, 75217. Batteries containing hazardous substances are marked with a crossed-out trash can and chemical symbols. Old electrical appliances also do not belong in household trash.

This measure ensures that all used batteries, rechargeable batteries, and waste electrical and electronic equipment are disposed of in an environmentally friendly manner. Please help us protect our environment in this way.

13. Severability Clause

13.1 Should any individual provisions of these Terms and Conditions be invalid, void, or unenforceable, this shall not affect the validity of the remaining provisions. If a provision proves to be invalid, void, or unenforceable, it shall be replaced by a legally permissible or enforceable provision that most closely approximates the intended economic purpose of the void or unenforceable provision. The same applies if a gap requiring supplementation arises with respect to these Terms and Conditions.

Alternative Dispute Resolution pursuant to Art. 14(1) of the ODR Regulation and § 36 of the VSBG

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.