General terms and conditions of Livello Food GmbH in connection with the use of Livello products
§ 1 Scope; Change of Terms and Conditions
(1) Livello Food GmbH (hereinafter also "we" or "Livello") has provided your company with a Livello vending machine (hereinafter also "vending machine"), which registered users can use via the Livello app and non-registered users with the help You can purchase drinks, snacks and fresh meals using your giro and credit card.
(2) All of Livello's services in connection with registration, use of the website and use of the machines are collectively referred to below as "Services".
(3) Deviating, conflicting or supplementary general terms and conditions of the user do not become part of the contract.
(4) We reserve the right to change these terms and conditions with effect for the future using the following procedure: We will inform you of the planned changes in advance and draw your attention to your right to object. The changes are considered accepted if you do not object within two months of the change notification. If you object to the change, we reserve the right to terminate offers with an indefinite term or number of deliveries.
§ 2 Order placement, contract content
(1) These General Terms and Conditions of Sale and Delivery apply both to the contractual partner who is an entrepreneur within the meaning of § 14 BGB and to all buyers (registered or not) who make use of our services. These general terms and conditions of sale and delivery apply to current and future business relationships with the buyer, as well as to the delivery of goods for sale and the installation of devices, the special terms of sale and contract printed on the price lists or installation agreements, unless otherwise agreed in writing in individual cases otherwise agreed. The buyer accepts these conditions at the latest by partially or fully accepting the delivered goods. Deviating terms and conditions of the buyer do not become part of the contract even if the latter confirms an order on his own terms and we do not expressly object to this or if we carry out the delivery to the buyer without reservation in the knowledge of conflicting terms and conditions of the buyer. Even if we refer to a letter that contains or refers to the terms and conditions of the buyer or a third party, this does not constitute consent to the validity of those terms and conditions.
(2) The products presented by us on our website or in any other way are always non-binding, ie they merely represent an invitation to the sales partner to place a binding order. Offers from prospective buyers only become binding with our express acceptance, which can also take place through delivery or invoicing.
(3) Ancillary agreements or later changes to the agreements made, including these General Terms and Conditions of Sale and Delivery - including this written form clause - must be in writing to be effective.
(4) For reasons of freshness and quality assurance for our food, we reserve the right not to accept orders that exceed the average demand for a period of normal delivery or a promotion resulting from the scheduled delivery cycle. For orders that go beyond this requirement, our delivery is subject to change.
§ 3 General Obligations of the User; Deletion of the account (Livello app)
(1) Livello supports contactless payments. To gain access to our services, users must hold their NFC-enabled card close to the card reader. Giro/credit cards work with a pre-authorization (= reservation amount). It is first checked whether the presented credit card can be charged with the amount to be booked. If so, the requested amount is reserved and the doors open for self-service. After closing the door, the final total is calculated, the purchase value is posted and the remaining amount is released (partial cancellation). The duration of the release of the remaining amount depends on the respective bank. It usually takes a few minutes, but in rare cases it can take up to several days. It should be noted that the user can only be charged the pre-authorization amount for the purchase, even if the user removes a higher value of goods. The user is not entitled to withdraw products with a higher value of goods that exceeds the pre-authorization amount. For small amounts (max. €50) no additional authorization by entering a PIN or signature is required. However, many banks require giro cards to allow a maximum of five consecutive payments without entering a pin before the customer has to enter a pin again. Unfortunately, it is not possible to enter a PIN at the Livello card terminal.
(2) NFC-enabled means of payment include debit card, credit card, Apple Pay and Google Pay. Usage is completely anonymous.
(3) Alternatively, you can use the Livello app to operate the machine and complete the payment process. Registration is free. If you are under the age of 18, the participation of a legal guardian is required for registration.
(4) Registration takes place for the use of the machines provided by your company and other freely accessible machines.
(5) All information that you provide in connection with the registration, in particular your credit card details, must be up-to-date and truthful. You must not pass your password on to third parties, you must keep it safe and inaccessible to unauthorized persons and notify us immediately in text form if it is lost or passed on.
(6) Registration does not yet result in a contract between you and Livello. Rather, you only conclude individual sales contracts with us at the machine in accordance with Section 4 of these General Terms and Conditions.
(7) You can delete your account at any time. Please note that you will then no longer be able to use our services.
§ 4 Purchase of Automated Products
(1) Our offer is always limited to the stock of the respective machine. Livello is not obliged to make certain goods available to the user if the stock of goods in the relevant machine is exhausted. Our offer is also subject to the technical functionality of the machine.
(2) If you remove one or more products from one of the refrigerators, a valid purchase contract between Livello and the user is concluded when the user accepts our offer. After identifying the user at the machine, the user can remove the desired products from the machine in the desired quantity. As soon as the refrigerator is closed, the purchase contract is concluded and the purchase process ends.
The machine can now access your credit card information. After completing the purchase process, your credit card will be automatically charged with the purchase price.
(3) You must ensure that your credit card is covered when using our machine services. We will demand reimbursement of any chargeback fees from you.
(4) If the products purchased at the machine are defective, the user is entitled to the statutory warranty rights.
(5) You do not have a right of withdrawal with regard to the products purchased at the vending machine (§ 312 Para. 2 No. 9 BGB).
§ 5 Prices, terms of payment
(1) Invoices are issued on the basis of the price list valid on the day of delivery.
(2) All prices do not include the applicable statutory value-added tax.
(3) Terms of payment are 14 days without deductions.
(4) Offsetting against counterclaims by the buyer or withholding payments due to such claims is only permitted if these counterclaims by the buyer are undisputed or have been legally established.
(5) Our employees are not authorized to collect payments.
(6) If we have agreed to the use of a collection agency, the buyer's obligation to pay does not expire with the payment to the agency, but only when we receive the payment.
(7) If the buyer is in default of payment, we are entitled to charge him interest at a rate of 9 percentage points above the base interest rate (§ 247 BGB) for the duration of the default. The assertion of further damages remains reserved.
§ 6 Customer Service
In the event of any disruption, we ask you to contact us or your company immediately. You can reach us at support@livello.com.
§ 7 Retention of title
The delivered goods remain our property until all claims, including future claims, arising from the business relationship with the purchaser have been settled in full. In the case of a current account, the retention of title applies as security for our balance claim.
§ 8 Liability
(1) Insofar as the agreements made do not contain any deviating regulations, all claims for damages of the buyer (e.g. from non-performance, impossibility, other exclusion of the obligation to perform, delay, material defects, defects of title, violation of contractual obligations, violation of obligations during contract negotiations, compensation among joint and several debtors, tort and tort etc.) against us and against our legal representatives and vicarious agents. However, the exclusions of liability do not apply to damage to life, limb or health caused intentionally or negligently by us, our legal representatives or vicarious agents, to other damage caused intentionally or by us, our legal representatives or vicarious agents caused by gross negligence, as well as for damage due to the breach of essential contractual obligations. Significant contractual obligations are the obligation to deliver a defect-free item as well as duties of care and protection, the observance of which the customer can regularly rely on.
(2) Except in the case of intent and gross negligence, our liability is limited to the foreseeable damage that is typical for the contract.
(3) Insofar as our liability is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, employees, representatives and vicarious agents. The limitations according to this § 8 also apply insofar as the buyer demands reimbursement of futile expenses instead of a claim for compensation for the damage instead of the service.
(4) Liability under the Product Liability Act remains unaffected.
(5) The user is obliged to carefully read and observe the product, consumption and warning notices for the products before use.
§ 9 Termination of access to use; access disruptions
(1) We reserve the right to terminate access to our services at any time, without reason and without prior notice. In particular, we are entitled to remove our machines from their location at any time.
(2) There is no entitlement to uninterrupted access to our services at any time. In particular, we do not guarantee unrestricted and undisturbed access to the machines at all times.
§ 10 data protection
We are entitled to collect, process and use the buyer's data for the purpose of establishing and implementing the contractual obligations between us and the buyer and in accordance with the applicable data protection regulations.
§ 11 Place of Jurisdiction, Choice of Law
(1) Mutual place of jurisdiction for all disputes arising from the relationship between us and the buyer is Düsseldorf if the buyer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany. However, we are entitled to sue the buyer at another legally competent place of jurisdiction.
(2) The law of the Federal Republic of Germany applies exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.