ODER LIVINGDREAMS S.L.
Placa Hostals 19
07320 Santa Maria Del Cami
Telephon: +34 971 178 415
LIVINGDREAMS accepts orders by e-mail, letter or telephone.
Orders and reservations are executed only after the down payment of half of the purchase price. The deposit is not refundable after withdrawal from the contract of sale for reasons that lie with the buyer. Depending on stock, the objects are immediately available from Showroom Santa Maria Del Cami otherwise the delivery time is about 2-3 months. LIVINGDREAMS assumes no liability for delays in delivery. By concluding the purchase contract, the buyer declares that he has taken note of the General Terms and Conditions and agrees with their content.
These terms and conditions of sale and delivery are binding for the buyer. Other conditions of the purchaser / buyer are only valid if they have been expressly accepted by LIVINGDREAMS in wri- ting. With the order of the goods these conditions are considered as accepted. All agreements and legally relevant declarations of the customer / buyer must be in writing to be valid.
Separate General Terms and Conditions apply to purchases made via the online store. These con- tractual provisions are subsidiary.
2. Offer and conclusion of contract
With the down payment or full payment of the item(s) the purchase contract is concluded. These General Terms and Conditions of Contract are thereby approved by the buyer.
The stated sales price includes value added tax, unless this is stated separately. Not included is the transport to the respective destination of the ordered items.
For our expenses in connection with the measurement at the customer's premises and a visualizati- on, we charge a flat fee of CHF 750.- / Euro 750.-. This fee is included in the purchase price and will only be charged to our customer if no order for the measured and visualized object is placed within 3 months.
4. Terms of payment
As a rule, the purchased items are to be paid in cash or by debit or credit card upon handover or de- livery. For items that LIVINGDREAMS does not have in stock and that must be produced in ad- vance, the customer must pay half of the purchase price as a deposit (when ordering cushions made to measure, the entire purchase price must be paid in advance). The remaining price is to be paid upon delivery step by step or within 10 days after informing the buyer (via e-mail, WhatsApp or phone) that the ordered items have arrived and can be picked up or delivered. Place of performance is the registered office of LIVINGDREAMS in Santa Maria del Cami, Mallorca. If the buyer with- draws from the contract without justification after placing the order, the deposit will be forfeited as compensation.
5. Withdrawal from the contract
A withdrawal from the contract by the customer is only permitted if the ordered item is still not available after three months after the expected delivery date, despite a written reminder by the cu- stomer. In this case, the withdrawal only refers to the articles delivered late. Other reasons do not entitle the customer to reclaim the advance payment made. The withdrawal must be declared in wri- ting.
LIVINGDREAMS is entitled to withdraw from the purchase contract at any time and without any reasons. LIVINGDREAMS will immediately refund the deposit paid by the customer after the de- claration of withdrawal. The repayment is considered as an implied declaration of withdrawal.
6. Delivery time
The buyer declares to have been informed by LIVINGDREAMS that the delivery period for the purchased and produced items can be up to three months. LIVINGDREAMS does not assure the cu- stomer of any deadline and is not liable for any damages resulting from delays in delivery.
The buyer undertakes to accept the ordered articles immediately, as soon as they can be delivered by LIVINGDREAMS. In case of culpable non-acceptance within 10 days after the notification, the buyer undertakes to pay to LIVINGDREAMS a fee for storage of the item(s) in the amount of EUR 5.- per square meter.
The customer must check the purchased items immediately after delivery. If the delivered goods are defective, LIVINGDREAMS must be notified in writing immediately, but no later than 3 days after delivery. If the buyer fails to notify LIVINGDREAMS of the defect in due time, the goods shall be deemed to have been approved, unless the defect could not be detected during the usual examinati- on. In all other respects the provisions of Art. 201 CO shall apply.
8 Warranty, liability for defects
The articles sold by LIVINGDREAMS are usually natural products, often made of wood or stone. The customer declares to have been informed by LIVINGDREAMS that the material from which the ordered item is made may warp in case of temperature variations or for other reasons, especial- ly, but not exclusively, if it is wood. For these reasons, any liability for cracks in the wood or for other minor damage inherent in the nature of the processed material is excluded. Articles that have been more than slightly damaged during transport will be repaired by LIVINGDREAMS in the first instance if a complaint is made in good time. Only if repair is not possible, the article will be taken back and replaced. For the replacement of damaged articles, the aforementioned delivery periods apply accordingly. Any liability for consequential damages (including product liability) is expressly excluded.
9 Place of jurisdiction and applicable law
Place of jurisdiction for the customer and LIVINGDREAMS is Santa Maria del Cami (Mal- lorca). However, LIVINGDREAMS is also entitled to take legal action against the customer at his place of residence/registered office. The legal relationship is subject to Swiss law.
In any case of doubt, these General Terms and Conditions shall be interpreted in accordance with the sense of the German version.
Santa Maria del Cami, October 27, 2023
All communication and storage of customer data is subject to the provisions of the Swiss Data Protection Act. Customer data is securely protected at Livingdreams by state-of-the-art protection mechanisms and encryption and will not be passed on. Personal data is only collected if you voluntarily provide it to us as part of your order for goods or registration for our newsletter. We use the data you provide without your separate consent exclusively for the fulfilment and processing of your order. With the complete processing of the contract and full payment of the purchase price, your data will be blocked for further use and deleted after expiry of the retention periods under tax and commercial law, unless you have expressly consented to the further use of your data. If you register for the newsletter, your e-mail address will be used for our own advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time. In addition, you can request that your data be deleted if it is no longer needed to process the contract and also request that your data be blocked. Requests for information, blocking or deletion can also be sent by e-mail to firstname.lastname@example.org.