General Terms and Conditions (GTC)

1. Validity of terms

1.1. The deliveries, services and offers of Lifestyle Group GmbH (hereinafter "Lifestyle") are exclusively based on these terms and conditions.
These also apply to all future transactions, even if the present terms and conditions are not expressly agreed upon again.
1.2. Deviating terms and conditions of the contractual partners, which Lifestyle does not recognize in writing, do not become part of the contract, even if Lifestyle does not expressly oppose them./p>

2. Offer, Conclusion of Contract

2.1. Lifestyle offers are subject to change and only constitute invitations to submit applications.
2.2. The prices agreed in the contract are decisive.
2.3. The prices are understood to be plus the statutory sales tax applicable at the time of conclusion of the contract, if applicable.
2.4. Prices do not include the costs of packaging, picking, shipping or insurance.

3.Delivery and Place of Performance

3.1. The place of performance is generally in the business premises of Lifestyle.
3.2. If Lifestyle takes over the shipment of goods for the buyer, this is generally done at the expense and risk of the buyer. The risk transfer takes place with the provision of the purchased goods in the rooms of Lifestyle.
3.3. Lifestyle reserves the right to partial deliveries.
3.4. Confirmed delivery dates of Lifestyle are approximate time-limits only; minor time deviations are allowed.
3.5. Lifestyle does generally not carry out fixed transactions.
3.6. Supply defects or delays, lack of raw materials and force majeure of any kind extend agreed delivery periods or delivery dates appropriately, insofar as the aforementioned disruption has an influence on the operation of Lifestyle. The same applies to labour shortages, strikes and business disruptions.

4. Payment

4.1. All invoices from Lifestyle are payable net 10 days after the invoice date. Lifestyle is entitled to carry out deliveries against cash on delivery.
4.2. Payments to Lifestyle shall be made in euros.
4.3. If the buyer is in default, Lifestyle will charge a processing fee of EUR 10.00 for each further reminder. The customer is entitled to prove a lower damage, while Lifestyle is entitled to prove a higher damage in individual cases.
4.4. If the buyer is in arrears with its payments, Lifestyle has a right of retention regarding further promised deliveries. The same applies if Lifestyle experiences a substantial deterioration of the buyer’s financial situation, which makes the fulfilment of the contract by the buyer doubtful. Lifestyle may in this case require advance payment or adequate security.
4.5. Bills of exchange and cheques are accepted only for payment, subject to the approval of Lifestyle, and are not considered as payment until they have been redeemed. Expenses and costs are to be borne by the buyer and are due immediately.
4.6. In the event of default by the buyer, interest on arrears shall be charged at a rate of 8 percentage points above the base rate. Lifestyle’s right to claim a further, proven default and demand higher interest for another legal reason, remains unaffected.
4.7. A set-off with claims by the buyer is only permissible if the customer’s claims are undisputed or legally established.

5. Warranty for Defects, Over-Delivery and Limitation of Liability

5.1. In the event of defects in the delivered contractual items, Lifestyle is entitled to repair or deliver new items three times free of charge at its discretion. In the event of failure to perform the subsequent performance, the buyer is - without prejudice to any claim for damages - entitled to withdraw from the contract or reduce the purchase price. The reduction is limited to 5% of the purchase price, subject to the obligation to refund a higher amount pursuant to § 478 BGB (German Law). Warranty claims for defects do not exist in the case of only insignificant deviations from the agreed quality or in the case of only negligible impairment of usability.
5.2. The warranty period is 1 year.
5.3. Complaints must be made in writing and immediately after discovery of the defect.The provision of § 377 HGB (German Law) applies.
5.4. Over-deliveries are deemed to be approved up to a maximum of 15% of the ordered quantity and will be invoiced on the basis of the actual delivered quantity.
5.5. For the purpose of subsequent performance by repair or replacement, the buyer must return the delivered goods to Lifestyle. If the goods delivered are defective, Lifestyle shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs. If the expenses increase because the item is subsequently moved to a place other than the place of residence or residence, then the buyer’s claim for reimbursement of expenses is excluded, unless the shipment to another place corresponds to the intended use of the goods.
5.6. Legal recourse claims of the buyer, which is taken after resale of the new goods by its own customer due to defects of the goods, exist against Lifestyle only in so far, when the buyer has not made any agreements with his customer beyond the statutory claims for defects. The scope of the recourse claim is governed by clause 5 of these General Terms and Conditions.
5.7. The warranty does not cover natural wear and tear (such as battery wear) or defects resulting from improper or negligent handling, excessive use or similar influences, which are not required by the contract. The same applies if operating or maintenance rules are not observed or if unsuitable changes are made to the deliveries.
5.8. Claims for compensation due to a defect or other liability reason, including from legal representatives of Lifestyle, its employees and/ or vicarious agents, are excluded. This does not apply, as far as the product liability law is mandatory, in cases of intent, gross negligence, injury to life, body or health and for the violation of essential contractual obligations. The claim for damages due to breach of essential contractual obligations is limited to the foreseeable damage typical of the contract.

6. Retention of Title

6.1. Until all (also outstanding) claims due to Lifestyle by the purchaser under any legal ground in the respective payment range, Lifestyle is granted the following collateral, which are released on demand, in whole or in part, by choice of lifestyle, provided that their value exceeds by 20 % of the total principal claims.
6.2. The delivered goods of Lifestyle remain the property of Lifestyle. Processing and conversion by the buyer always takes place for Lifestyle as a manufacturer, but without any obligation for Lifestyle. If the (co-)ownership of the delivered goods is terminated by connection, it is already agreed that the property or co-ownership of the buyer in the uniform item shall be transferred to Lifestyle in value. The buyer shall keep the (co-)ownership of Lifestyle free of charge. Articles, in which Lifestyle is entitled to (co-)ownership, are hereinafter referred to as reserved goods.
6.3. The buyer is entitled to sell the reserved goods in accordance with the regulations, as long as he is not in default. Pledges and security transfers of the delivered goods are not permitted. The claims arising from the resale or any other legal reason (insurance, unlawful acts) in relation to the reserved goods are hereby already assigned by the buyer in full to Lifestyle for for security purposes. Lifestyle hereby gives the buyer revocably the right to collect the claims assigned to Lifestyle under its account in his own name. Upon request from Lifestyle, the customer must disclose the assignment, provide the required information and hand over all relevant documents. The receivables may not be assigned to third parties.

7. Miscellaneous

7.1. Place of performance and jurisdiction for both parts of the contract and for all deliveries and payments including returns as well as all disputes is Munich, Germany.
7.2. The relations between Lifestyle and its buyers are governed by the law of the Federal Republic of Germany, in particular the provisions of the German Civil Code and the German Commercial Code.
7.3. Contracts and any additional agreements between Lifestyle and the contractual partners require written form for their validity. The same applies to an amendment of this written form clause.
7.4. If a provision of these general terms and conditions is ineffective, the effectiveness of the remaining provisions of these general terms and conditions remains unaffected. The ineffective regulations are replaced by legal provisions.