General Terms and Conditions

General terms and conditions and customer information

I. General terms and conditions

1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Italiving GmbH) via the website www.italiving.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions that you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract under the conditions specified in the item description.  
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online shop.
Before submitting the order, you have the opportunity to check all the details again, change them (also via the "back" function of the Internet browser) or cancel the purchase. 
By submitting the order via the "order with payment" button, you declare your legally binding acceptance of the offer, whereby the contract is concluded. 
(4) Your requests for a quote are non-binding. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

3 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Before ownership of the reserved goods has been transferred, pledging or transferring them as security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

4 Warranty

(1) The statutory liability rights for defects apply.
(2)  As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:
a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the item, but not other advertising, public praise and statements by the manufacturer.
b) In the event of defects, we provide a warranty at our discretion by means of repair or replacement. If the defect cannot be remedied, you can demand a reduction in price or withdraw from the contract at your discretion. The defect is deemed to have failed after a second unsuccessful attempt, unless the type of item or defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- to damages attributable to us caused by culpable injury to life, body or health and to other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item; 

- for items that have been used for a building in accordance with their usual use and have caused its defects;
- for statutory recourse claims that you have against us in connection with warranty rights.

5 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. The right to also bring the case before a court in another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer information 

1. Identity of the seller
Italiving GmbH
Klosterweg 40
82335 Berg
Germany

Telephone: +49 (0) 172 8998 111
email: info@italiving.us

Register court: Munich

Registration number: HRB274995

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at.

2. Information on the formation of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the "Conclusion of the contract" provisions of our General Terms and Conditions (Part I).

3. Contract language, storage of

the contract text 3.1. The contract language is German.

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For quote requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

5.3. If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which must be borne by you. You must also bear the costs incurred for the money transfer in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. 

If you are an entrepreneur, delivery and shipping are at your risk.

7. Statutory liability for defects Liability 

for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

last updated: Sept, 20, 2024