AGB

Last updated: 07.08.2021

These General Terms and Conditions of livom möbel ag as seller and you as customer apply to all orders placed in the Livom online store (www.livom.ch) as well as to those purchases for which livom möbel ag declares these GTC to be applicable. 

Scope
The GTC apply to all services provided by livom möbel ag in the online store (www.livom.ch) and become valid upon conclusion of a contract. The deliveries, services and offers of livom möbel ag are exclusively based on these terms and conditions, even if they are not expressly agreed again. By sending an order to livom möbel ag, you confirm that you have read these GTC and expressly agree to them.

Conclusion of a contract
All information on goods and prices within the ordering process are subject to change and non-binding. Sales contracts are concluded by acceptance of your order by livom möbel ag . The acceptance of the order will be confirmed by LIVOM via e-mail and is subsequently binding for you. Impediments to delivery will also be communicated to you as soon as possible by e-mail. With your order you confirm that you are aware of the scope and content of your order. Questions in this context can therefore be clarified in advance with us.

Delivery
The goods are always delivered by a forwarding agent. The delivery period in Switzerland is usually 5 to 8 weeks, unless otherwise stated for the respective product. This information is without guarantee. 

If an article of the assortment is exceptionally not available, we will inform you as soon as possible via e-mail. In principle, livom möbel ag reserves the right to make a partial delivery, provided that this seems to be conducive to an efficient processing of the overall delivery. Of course, in such cases, no additional shipping costs will be charged for the subsequent delivery. 

A date for delivery will be communicated by telephone at least one week in advance. If the date does not work for the customer, livom möbel ag reserves the right to schedule a new date in the next route. This may be 2-3 weeks later (in this case the delivery time may be exceeded).

If the delivery date agreed with the forwarding agent is not observed and/or not cancelled 24 hours in advance, handling charges of CHF 250 will be due. A new delivery date will only be agreed after payment of the handling charges.

Prices
All prices on www.livom.ch are inclusive of value added tax as required by law in Switzerland (currently 7.7%) and inclusive of shipping costs. livom möbel ag expressly has the right to adjust the prices stated online at any time without notice and without further explanation. For the calculation of prices, the time of the order on the website is valid.

Terms of payment
The following payment options are available to you:
Purchase on account (we reserve the right to perform a credit check), Paypal, credit card (via Stripe) and Twint. We also reserve the right to offer prepayment by bank transfer.
For prepayment by bank transfer, the payment period is usually 7 days. If payment is not received within this period, livom möbel ag reserves the right to cancel the order and release the goods for sale again. Any transfer fees are to be borne by you.

Purchase on account with instalment facility (POWERPAY)
MF Group / POWERPAY offers the payment method "Purchase on account" as an external payment service provider. With the single invoice, you can simply settle your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.

When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept POWERPAY's terms and conditions in addition to our GTC. (powerpay.ch/en/agb).

 

Retention of title; set-off; right of retention
(1) In the case of consumers, we retain title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(2) You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
(3) If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.

Guarantee and warranty
The guarantee for goods corresponds to generally accepted standards and is 24 months, if a longer or shorter guarantee period is not expressly stated on the delivered goods. Defective goods must be reported in writing at the company address within 10 days after delivery or after the occurrence of the damage, otherwise the warranty claim is void. The warranty claim is valid from the date of delivery. It expires in case of improper use or natural wear and tear. livom möbel ag reserves the right to decide individually in case of warranty. The guarantee and warranty is excluded for articles that have been declared as outlet goods. 

Minor model deviations
It happens that the design of individual articles changes slightly. For such modifications of the manufacturers and suppliers livom möbel ag can naturally not assume any liability.

Care/Handling
livom möbel ag assumes no liability for the customer's misconduct in the care and/or handling of the delivered items.

Planting trees
For each of our products, we have two trees planted. Each month, an amount is passed on to OneTreePlanted and any other tree partners. Dhe trees are usually planted where they are most needed at the time. Therefore, the buyer's trees are planted in the place where One Tree Planted or another tree planting partner organises their next tree planting campaign.

Data protection
livom möbel ag undertakes to process your customer data carefully and to observe the provisions of the relevant data protection legislation. In particular, no data will be passed on to third parties. However, no liability can be assumed for the security of data transmitted via the Internet.

Marketing
livom möbel ag reserves the right to reuse the e-mail address and telephone number provided when ordering for its own marketing purposes (newsletter & more). By sending a personal e-mail to info(at)livom.ch you can opt out of this.

Reviews of products
LIVOM sends automated emails after the purchase, inviting customers to review the purchased products. LIVOM reserves the right to forward these and all other reviews (without email request) for marketing purposes.

Liability in general
It is hereby expressly pointed out that no liability claims can be made against livom möbel ag for indirect damage or consequential damage of the customer, unless livom möbel ag has caused damage intentionally or through gross negligence. In particular, damages from accidents, etc., which result from improper handling of the articles, are your own responsibility.

Amendment of GTC
livom möbel ag expressly reserves the right to unilaterally amend these GTC at any time without prior notice.

Applicable law/place of jurisdiction
In any case, the relations between you and livom möbel ag are subject to Swiss law according to the provisions of the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB). The place of jurisdiction is Switzerland. The application of the provisions of the Vienna Sales Convention ("United Nations Convention on Contracts for the International Sale of Goods") is expressly excluded.