Conditions of Use
General Terms and Conditions of LARIVIÈRE Gesellschaft für digitale
1. The following terms and conditions are applicable for all products and services offered by LARIVIÈRE Gesellschaft für digitale
Präsentationssysteme mbH (hereafter also referred to as LARIVIÈRE). They are also valid for contracts concluded in the future, even when not specifically stated. Contradictory terms of customers or purchasers are hereby rejected. Deviations from these terms and conditions are only effectual with express written consent from LARIVIÈRE.
2. The contents of the contracts refer to the sale and leasing of products and service provided by LARIVIERE.
§2 Offer and conclusion of contracts
1. Contracts are negotiated with LARIVIÈRE Gesellschaft für
digitale Präsentationssysteme mbH, Teerhof 48, 28199 Bremen, solely.
2. Our offers - including those on the internet - are, unless otherwise expressly agreed, subject to confirmation and non-binding. A contract is only concluded when orders placed with us are confirmed by us in writing: including by fax or e-mail. Orders placed online are also binding and can be accepted by us within three working days. Full or partial delivery of the goods will also be treated as confirmation of the contract.
3. Amendments and subsidiary agreements must take written form. This is particularly applicable for warranties and guarantees from our staff. Power of attorney as regards the issuing of guarantees and warranties is limited to the director, authorised signatories and company officers
4. The goods displayed on the internet serve as examples. We reserve the right to supply a product or service of equal price and quality.
Unless expressly stated otherwise, our prices are from the entrepôt in Bremen and are subject to additional packing and transport costs as well as value added tax.
§4 Delivery times
Delivery deadlines and periods are always non-binding unless we have given you explicit written confirmation in an isolated case.
LARIVIÈRE reserves the right to deliver the goods personally, promptly and appropriately.
We cannot be held responsible, even in cases where delivery periods and deadlines have been agreed, for delays in delivery or the provision of services due to force majeure or other events that make the delivery considerably more difficult or even impossible - here included are strikes, lockouts, official directives, etc. - including when these occur to suppliers of LARIVIÈRE
LARIVIÈRE is entitled to provide part-deliveries or partial provision of services at any time.
§5 Liability for defects.
1. As regards liability for defects the following regulations are applicable to traders:
a) For the examination of goods and the registering of complaints regarding possible defects, the legal regulation §377 of the German Commercial Code (HGB) applies to traders. For non commercial businesses the regulation found in §5 Section 2 a. is applicable.
b) Should a defect be discovered with a purchased item under guarantee from us, we may elect to rectify the item free of charge or provide a replacement. Should three attempts to rectify fail, the client is entitled to elect whether to withdraw from the contract or demand a reduction in the purchase price.
c) The regulations of §3 Sections 1 a) und b) are valid for only for purchase contracts relating to new goods. LARIVIÈRE’s guarantees do not extend to used goods unless LARIVIÈRE has expressly guaranteed that the goods be free of any defect or carried out a technical examination of the goods in question.
2. The following regulations apply for customers as far as the warranty for defects is concerned:
a) The customer is obliged to check the purchased or rented item at the handover/acceptance carefully and to indicate to us in written form should there be any defect present. Defects emerging later must be reported immediately on discovery. Should the customer neglect this duty the goods or services rendered will be viewed as approved in spite of the defect.
b) Should a defect be present in a purchased good or service under guarantee from us, we may elect to rectify the item free of charge or provide a replacement. Should three attempts to rectify fail, the client is entitled to elect whether to withdraw from the contract or demand a reduction in the purchase price.
c) The customer’s right to register a guarantee claim resulting from a purchase contract of used goods becomes time-barred one year after the contract is concluded.
3. Specifications given on our homepage or in brochures concerning technical data and descriptions of articles of sale are based on the specifications given by the respective manufacturers. We cannot categorically guarantee these properties to the customer.
§6 Specific terms of hire
1. The hire of software, data projectors, etc. requires a deposit of twice the hire price, which is to be provided on conclusion of the contract as cash or check. We ask that the customer collect and return the hired unit(s) themselves. The hire prices from the respective, current price list apply.
2. In order to prevent dysfunction we request that the customer use the unit(s) only accordingly to the instructions provided by the manufacturer and in the manner envisaged by LARIVIÈRE. The customer must pay attention to all briefings from manufacturers and LARIVIÈRE and similarly follow any technical instructions from LARIVIÈRE. The customer will be held responsible for any damages that occur through neglect of any briefings/instructions. Please contact us immediately in any case of damage and adhere to our instructions. The customer is not entitled to attempt or carry out any changes, modifications, adjustments or repairs on the unit, unless in possession of written permission from LARIVIÈRE to do so. If errors, dysfunction or damages occur to the hired article that are of no fault of the customer he may elect to have a replacement delivered or demand immediate rectification of defects.
3. LARIVIÈRE is only liable for damages incurred by the customer during use of the hired article in cases of intent or gross negligence and when the damages are due to an error that existed before the passing of risk. The liability extends to the covering of reparation costs to the amount of the original hire price, to which a possible claim for damage may be accounted. Additional claims from the customer are hereby rejected. In particular, claims from the customer of our any liability for his loss of earnings are hereby rejected.
4. We can not always guarantee immediate remedy of a defect or that we always have a replacement unit available. Should the defect or dysfunction be traceable to us and we not be in a position to remedy the defect or dysfunction in spite of immediate notification, you are within your rights to reduce the rental price proportionately. Further claims for damages, particularly based on loss of earnings are hereby rejected.
5. Packaging, instruction manuals and accessories are considered part of the article hired and remain sole property of LARIVIÈRE. We ask that you handle all parts carefully and return them complete and in good condition.
6. The customer is liable for all damages incurred through use of the unit outside the specified field of operation, particularly for damages resulting from an intervention of modification of the hired article. He accepts liability for the accidental damage or destruction of the hired article.
7. By total destruction or accidental damage to the article hired, the customer is required to pay the market value of the unit. In cases where the damages are caused by an indebted third party, the customer transfers all existing claims for damages against the third party, unless he is directly entitled to them.
8. In cases of distraint, the customer is required to forward us the warrant for distraint without delay. The same applies should a third party (property owner, encumbrancer, etc.) exert a claim over the hired article.
§7 Rights of use - software
In cases where products sold and delivered by us contain software, in particular operating software, the licensing rights of the respective manufacturer are valid. Delivered software must only be used as outlined by and in the field of operation specified by the licenser. By opening the sealed data medium you accept the licensing conditions. Neither a belated return nor an exchange of the opened software is possible. Please check the contents of the product immediately upon delivery.
1. LARIVIÈRE is liable for financial losses incurred by the customer - when these did not result from an infringement of the important contract duties mentioned above - only in cases where their actions are deliberate or grossly negligent. For personal damages, LARIVIÈRE is liable without limitation in accordance with the legal regulations.
2. Section 1 is also valid for the liability of the representatives and vicarious agents of LARIVIÈRE.
3. The preceding limitation of liability is valid for all types of claims for damages, in particular for those concerning unlawful acts and neglect of duty.
4. By neglect of contract duties LARIVIÈRE is liable, also for normal negligence, but only for the predictable and typical damages, the emergence of which LARIVIÈRE could reckon with at the time the contract was concluded, based on the situation as was known to the company at that time
5. The liability is - except in cases of intent - always limited to the amount of the limit of indemnity in the business liability insurance held by LARIVIÈRE.
6. The ordinances of the German Product Liability Act remain unaffected.
§9 Reservation of title
1. We reserve the right of property to all delivered goods until all claims from this business relationship have been settled. Until such time, the customer is obliged to take care of the products. Any damage must be reported immediately.
2. In cases of distraint or other such interventions by third parties, the customer must inform the third party of LARIVIÈRE’s entitlement to the purchased goods and inform LARIVIÈRE immediately. Should the customer neglect this duty, he accepts liability for any occurring damages. The customer is not legally permitted to put the goods, which have been reserved in title, into pawn.
§10 Customer’s right of withdrawal
With the conclusion of a distance contract, you, as the customer, have the right to terminate the concluded contract with LARIVIÈRE within the period of two weeks following the contract’s conclusion by contacting the company in writing or by e-mail with a corresponding notification of termination and/or sending the purchased goods to the following address in their original condition. If we have already delivered the goods, your right to return the goods is only valid for the two weeks following receipt. You are required to pay for the termination of the contract as well as any postage costs incurred in returning the product insofar as the total sum of the order does not exceed €40. You do not need to provide a reason for your cancelling the order. Punctual dispatch to the address below suffices to comply with the time limit:
LARIVIÈRE Gesellschaft für Präsentationssysteme mbH
Refer also to the regulations specified in §312d of the BGB.
§11 Interdiction of transfer
The rights of customers gained through business with us are non-transferable.
1. Unless an alternative agreement has been reached payment is expected as net cash on the due date. You will come into default on the fifth day following the due date and date of invoice. In cases of default on the part of the customer we are entitled to demand default interest at 5%, for contractors at 8% above the key rate interest of the European Central Bank, unless the customer can provide evidence of a lower debt or LARIVIÈRE of a higher.
2. You may only reckon up with unchallenged or legally binding claims, or as the case may be, settle these against claims from LARIVIÈRE. If the customer is a businessman, he may exercise lien (§273 BGB) only over recognised or legally fixed counterclaims against himself.
3. Should you have numerous debts to us simultaneously, the callable, in cases of multiple callable debts: the respective maturest, debt must be settled first, unless you have an amortisation clause.
§13 Data protection
We collect, process and use your personal data only with your personal consent and only within the confines of the German Data Protection Act (BDSG) and the German Teleservice Data Protection Act (TDDSG). Data shared with us will be used solely for the processing of orders and other contractual agreements with our customers. Data will not be shared with third parties, except in cases where it is necessary to bring legal proceedings against debtors.
§14 Place of performance/Legal venue/Governing law
1. The place of performance for delivery and payment is Bremen, Germany.
2. Bremen is agreed as the legal venue should any dispute arise from the contractual relationship. This is valid when the customer is a businessman, official of the public authorities or a separate estate under public law. The same applies if the customer has no general legal venue in Germany, as is the case when the customer moves his residence or usual abode abroad following conclusion of the contract or if his residence or usual abode was unknown when proceedings were initiated.
3. For the contractual relationship between LARIVIÈRE and the customer the only governing law is the law of the Federal Republic of Germany, in accordance with the United Nations Convention on Contracts for the International Sale of Goods.
§15 Severability clause
Should any of the above-mentioned terms and conditions of this contract be or become, in part or wholly, invalid or unrealisable, the validity of the remaining terms and conditions of this contract remain unaffected. The contract partners are responsible for coming to a mutual agreement on an appropriate replacement resolution, as near as possible to that desired by the contract partners, for the invalid or unrealisable term or condition. The same applies if the contract is found to include any gaps or omissions.