Terms and conditions
Conditions of sale and delivery for a private person (B2C)
Delivery inside Germany
How to order:
Written order (order sheet/postcard/letter) to
Gerling Living GmbH
Phone: +49 (0)5241-17926-0
There is no minimum order quantity for private persons. Please notice that we charge shipping costs to every order. Our products will only be delivered after we have received the payment.
How do we deliver?
You can choose between a delivery via parcel services or forwarder to your address. We do not deliver to lockboxes or as poste restante.
Normally the delivery takes 2 to 4 weekdays after incoming payments. We do not deliver on Sundays, holidays, Christmas and the 31st of December. Please notice: We will inform you if there is any delivery delay. Therefor it is helpful to have your e-mail address.
Charge per unit:
|Shipping charges||12 Euro||18 Euro||18 Euro||18 Euro||18 Euro|
If the product is not available we are not obligated to deliver it. In this case we will inform you as quickly as possible and refund your money. Should the situation arise we may deliver a product that is comparable in quality and price. Special offers can only be delivered while stocks last. In general we are allowed to do part-deliveries.
The risk of accidental loss and accidental deterioration of the goods including the delivery by carrier will be handed to you with the handing over of the goods. The handover is the same if you are in default of acceptance.
If you notice that parts of your order are missing or a wrong product was send to you, it is necessary to inform us (phone: +49 (0)5241-17926-0, fax: +49 (0)5241-17926-29 or e-mail: info@GerlingLiving.de). In special cases it is possible that we ask you to affirm the incomplete or incorrect delivery.
All prices include the German value added tax (19 %). Please notice that we assume no liability for mistakes in the printing or transmission of your bill. Please check it immediately.
Formation of a contract
The contract of sale is only legally binding after the delivery of the order.
Reservation of proprietary rights
The delivered goods are considered our property until the payment has been received.
How do you pay?
We accept prepayment. The order will be delivered after incoming payments.
Kontonummer: 10 100 14 007
Please keep your bills. They are important for complaints or in case of thievery for your insurance. If you have lost your ordering documents feel free to contact our product service. We will send you a copy of your ordering information.
Default of payment
If you are in behind of your payment we use our right to charge default interest in the height of 5 percentage points above the base rate. We are allowed to pass our monetary claim to a collection agency.
Right of revocation
You have the right to revoke the contract within fourteen days without giving reasons.
The revocation period amounts to fourteen days starting on the day when you or a third person named by you, who is not the carrier, has taken the goods in possession or when you or a third person named by you, who is not the carrier, has taken the first goods in possession (in case of regular delivery of goods in a defined period). To recant, you have to inform us through a definite statement (e.g. a letter sent by post, facsimile or email) about your decision to revoke the contract. You may use this exemplary form, which is not compulsory:
Gerling Living GmbH
Fax: +49 (0)5241 17926-29
Herewith I/we(*) revoke the contract about purchasing the following goods:
Your signature (only in the case of notification on paper):
(*) Delete as appropriate
To maintain the revocation period it is sufficient, if you dispatch the statement about your revocation before expiration of the above-mentioned period.
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken by us (e.g. interest), inclusive the freight costs, are to be restituted immediately or at the latest within 14 days after your statement about your revocation has reached us. For this restitution we will use the same currency, which you have used for the original transaction, unless something different was explicitly declared; on no account there will be fees on your account for this redemption. We may refuse from the redemption until we have regained the goods or until you have provided evidence about the returning of the goods, according to whether which is the earlier point in time.
You may return the goods immediately and in any case at the latest within fourteen days from the day on that you informed us about the revocation of this contract, to
Gerling Living GmbH
c/o Frankenfeld Spedition GmbH
To comply with the term you it is sufficient if you dispatch the goods before the end of the fourteen days. You bear the direct costs for the return of the goods. You only have to arise for possible deterioration of the goods, if this deterioration is attributable to a handling, which is not necessary for the examination of the state, attributes and functionality of the goods.
Exclusion from the right of return
If there are signs of use the right of return or the right of revocation will expire.
Extend of warranty
With this warranty Gerling Living ensures that the conditions of the goods are relevant to their type of use. This guarantee bond is an unsolicited adjustment given by Gerling Living to the end customer. The German legal warranty deed (24 months) will not be affected.
Occurrence of the warranty case
Please declare the warranty case in written form at:
Gerling Living GmbH
Please send the defective or broken product back. The reshipment is sufficient. Please describe the defect shorty and mark it with a piece of tape or similar. Please inform us if you wish a refund or substitute. The warranty case has to be claimed or the products must be sent back within 14 days after detecting the defect.
Exclusion from the activated guarantee
Excluded from the activated guarantee are
- Freight charges and cost that arise while installing the products outside of Germany
- Abuse and usage for purposes other than intended as well as wrong installation or own modifications of the product
- Defects that arose from lightning stroke, water, fire, force majeure, war, wrong system voltage, insufficient ventilation or other reasons that Gerling Living does not need to be answerable to
We follow the instructions of the German packaging ordinance. After using it you can dispose our packaging by throwing it into the “Gelber Sack” respectively “Gelbe Tonne” or the waste-paper collection.
Kaufmann im Sinne des HGB
If you make the purchase as a German „Kaufmann im Sinne des HGB“, the rules for the “Kaufmann” will apply. Therefor counts the default interest in the height of 8 percentage points above the base rate. The court of jurisdiction is Detmold, Germany.
Modification of the terms and conditions
We reserve the right to change our terms and conditions.
Delivery inside the European Union and other countries
Choice of law
The laws of Germany shall apply. If not stipulated by contract differently, the domestic terms and conditions will apply.
Orders from other countries than Germany will only be accepted when written via letter, e-mail or internet.
How do you pay?
We accept prepayment. The order will be delivered after incoming payments.
You can inform yourself on our freight charges in the price table below or ask our service team for further information.
For the delivery to Switzerland we charge additional 20,00 €/piece for the customs clearance. The freight charges for other countries may differ. Please contact us for further information.
Value added tax (VAT) inside the European Union
Distance selling is generally a subject to tax on sales of the sending location. If special turnover thresholds are reached the tax on sales must be paid in the customer’s country (destination principle). This case is given if the customer is a private person.
Value added tax (VAT) outside the European Union (third party countries)
The tax on sales must be paid by the customer according to the destination country’s law
Reshipment (outside of Germany)
The customer pays the freight charges of reshipments from abroad. Please contact our service team for further information.
Information concerning products, prices, warranty and further more will be given by our service team
Information on the privacy protection, February 2012
Thank you for visiting our Website and your interest on our products and services.
Depending on the fact that we make our products and services available to you over and outside the internet, it is not always possible to separate your particulars. A comprehensive data privacy statement is mentioned below.
Gerling Living is the responsible institution for compliance with the data protection during the visit of www.FlexibleLove.de and the use of our services and products.
How do our principles look like?
We take your wishes according the protection of your personal data very seriously.
Our processes comply with data policies as transparency, necessity and data protection. We want to create transparency to give you an insight which data we use for which purpose. We only use the data we need for our services. Therefore we try to mark which information are necessary and which one are voluntary particulars.
Data protection is constantly changing. We always try to implement the latest developments or changes in law. You are welcome to give more information and proposals on this topic.
What are particulars?
Particulars are e.g. your name, your picture, your IP-adress and the content of your message or ordering information. Sensitive data are e.g. your banking data or your health information.
Which data do we save for which purpose?
We use your particulars goal-oriented. The purpose could be that we have to process your order, answer your questions or improve our services to your needs. We always try to make our data handling transparent to you.
We record your address and ordering information for processing your order. We only use your e-mail address to contact you relating to your order. The usage of the data given on the phone or written is the same.
When do data get deleted?
We delete your date if you ask us to do so. We have to follow the instructions of the German law e.g. for bills according to section 14b Value Addes Tax Act. In this case we lock your data so that they cannot be used for marketing reasons. We also lock your date for marketing purposes if you have not ordered something for a long time.
Which measures do we take for your safety?
There are technical and organizational arrangements to guard your particular against unauthorized access and abuse. These arrangements will be adjusted to latest technologies frequently.
We do not use any e-mail encoding for the reason, that most customers do not have the technical equipment for encoding.
Which rights do you have?
Your rights result from the German laws, e.g. the basic right of the protection of personality, German Data Protection Act, German Telemedia Act and the Act Against Unfair Competition.
If you want more information on your saved data, please contact us via e-mail: info@GerlingLiving.de
If you use our contact form we will answer you by e-mail or phone.
Visitors under the age of 18
Generally we do not save particulars from people under the age of 18 years. If you are under the age of 18 years please do not transfer your personal data without the acceptance of your parent or legal guardian.
We only publish pictures of people taken at Gerling Living events. We try not to publish pictures of children and teenagers on which they are clearly visible.
Content of this website
The content of this website was created with due care. We try to keep our content correct, complete and up to date. We assume no liability for external content, e.g. user articles on bulletin boards.
This website may contain links to other party’s websites (“external links”). We do not give any warranty for possible statutory violation. We do not have any influence on current or future content, design or offers of the linked websites. If we notice any statutory violation we will delete external links immediately. Please inform us if you have any notice of such content.
There will be no contractual relationship between you and us because of the usage of this website.
Conditions of sale and delivery for companies (B2B)
Last update: February 2012
1. Validity of our conditions of sale and delivery
1.1. Solely our conditions of sale and delivery shall apply; they apply also for future business deals with the contracting party. Conditions of the contracting party that aberrate from our conditions of sale and delivery will not apply without our written acceptance.
We have the right to withdraw from the contract if the contracting party disagrees with our conditions of sale and delivery. The terms and conditions of the contracting party will also not apply, if they aberrate from legal provisions.
1.2. The contracting party will get a written information if we do any changes in our terms and conditions. They apply if the contracting party does not disagree in a written statement. We will inform the contracting party on this consequence separately. The written disagreement has to be delivered within one month after the information arrived at the contracting party.
2.1. Contracts will be concludes with the confirmation of the order; until then our offers are non-binding.
3. Delay in delivery
3.1. We will only be in default if the contracting party set an appropriate respite for at least 14 days unless we have refused the goods and services seriously and finally before.
The requirement of an appointment of date also applies in case of the by-law time of performance according to section 286 (2)(1&2) BGB. Not before the respite ended does the contracting partner have the right to withdraw from the contract and claim any compensation.
3.2. The contracting party’s indemnity claims concerning the delay and compensations in addition to performance are limited to the value of the complete delivery.
This does not apply if we or our partners are accused of deliberate intention or gross negligence or if life, body or health were harmed.
A change in the burden of proof to be stacked against the contracting party is not connected to the provisions in this paragraph.
4. Liability for compensation and unavailing expenses
4.1. Our liability for compensation and the refund of unavailing expenses – whatever the legal ground is – are limited to gross negligence and deliberate intention. This also applies to breach of duty made by our statutory agents and assistants.
4.2. We are liable for negligence – whatever the legal ground is – if we harmed basic contractual obligations; the amount of the possible indemnity claim is in this case limited to the compensation of the typical predictable damage.
The contracting party is legally obligated to give us written information on special risks, atypical contingencies and special amounts of damage. We assume no liability for outrunning consequential and indirect damages, deficient economic success and third party’s claims.
4.2. Indemnity claims due to defects are excluded if the product shows just minor defects. Indemnity because of any accompanying damages that occur independently to the supplementary performance (production downtimes, claims due to delayed delivery to the contracting party etc., section 280 BGB) can only be claimed if a written and adequate time limit was set and has expired without success.
4.4. All liability limitations do not apply for claims in connection to violation of the life, body or health as well as the claims made up from the German Product Liability Act and other compelling causative liability provisions.
4.5. Is the subject of the contract of sale a certain thing of the genus our liability will be determined by the aforesaid provisions; a liability that is independent from any default is excluded.
4.6. Furthermore are we liable for warranties we may have given exceptionally and the fulfillment of this warranty in the agreed amount; warranties have to be agreed in written form and explicitly declared as a warranty.
5. Reservation of proprietary rights
5.1. We reserve the proprietary right of all delivered goods until all payments – also future ones – of the business connection with the contracting party have been done. For payments towards current invoices the retention of title shall apply to the outstanding balance of the respective account.
5.2. In case of a culpable behavior of the contracting party that is contrary to contract we are able to take back the delivered subject without withdrawing from the contact particularly if the contracting party is in default of payment.
The contracting party is legally obligated to deliver. There is no withdrawing from the contract by taking back the subject unless we declared this in written form.
The product will be credited with the factual sales revenue after subtracting the costs for procession and reshipping.
5.3. In case of distraint or other charges from third parties, our contracting party has to inform us in the written way, so we can bring suit according to section 771 ZPO.
If the third party is not able to compensate the judicial and extrajudicial outlay according to section 771 ZPO is our contracting party liable for the payment.
5.4. The contracting party is legally obligated to insure our property against fire, water and thievery. The claims against the insurance belong to us.
5.5. The contracting party is authorized to dispose the delivered subject in the regular business development if it itself delivers with the reservation of proprietary rights.
The resale occurs in the non-regular business if the contracting party agreed with his customer an effective prohibition of assignment; a transfer to current account is allowed.
In case of resale has our contracting party to do all payments in amount of the final invoice value (including VAT) that arise from the resale – regardless if the subject was resold with or without further modifications.
The contracting party is authorized to collect outstanding accounts after assigning.
Our authority to collect outstanding accounts is unaffected; we obligate ourselves not to collect the outstanding accounts as long as our contracting party performs its obligations of payment and is not in the delay of payment. In this case we may claim that the contracting party informs us on all assigned accounts and their debtors, gives all requisite information needed for collecting, delivers the appendant documents and informs the debtor (third party) on the situation.
5.6. The modification of the delivered subject made by our contracting partner is realized for our company. If the subject gets modified with other subjects that do not belong to our company we receive a co-ownership of the new subject in the amount of the value of our delivered subject in relation to the other used subjects at the time of processing.
To the items produced by processing the same will apply as to the merchandise purchased delivered under reserve; the customer claims acquired through the sale of the processed object will be assigned to us to the amount of our co-ownership share.
5.7. If the object we provide is inseparably mixed with other objects not belonging to us, we shall acquire co-ownership of the new object at the ratio of the value of the reserved property to the other mixed objects at the time of mixing.
If there is a mixing in which the subject of the purchaser is the main subject then it is agreed that the contracting party passes us a proportionately co-ownership. The contracting party will preserve the sole property or the co-property for us.
5.8. The contracting party must also transfer claims which support the protection of our claims against him which arise from the linkage between the delivered subject with another subject against a third party.
5.9. If the contracting party initiates insolvency proceedings ends the authorization of the contracting party to sell, modificate, mix or link our product.
Is there anyhow a sale, modification, mixing or linking of the delivered subject made up by the contracting party or its liquidator it is our due to get the whole sales revenue; sections 170, 171 InsO do not apply. The contracting party and its liquidator are not allowed to collect the outstanding accounts.
5.10. We obligate ourselves to release the securities due to us at the request of the customer if the value is 20 percent higher than the accounts that need to be saved unless these accounts are still not paid.
The right of return cannot be claimed if a right to claim the release is opposed to it.
6. Final clauses
6.1. The German law shall apply, the UN consumer law does not.
6.2. Should single clauses of these terms and conditions be wholly or partly ineffective this will not affect the effectiveness of the other clauses and/or of the of the other parts of such clauses; in lieu of this the legal stipulations will apply.
6.3. Exclusive place of jurisdiction shall be Detmold, Germany. We will - at our option - be entitled to file suit against the contracting party also at its general place of jurisdiction or at the place of jurisdiction which is competent for its place of business.
6.4. The place of performance and payment for all obligations arising from the business relationship with the contracting partner is Gütersloh. Agreements for the assumption of costs shall include no modification of the aforementioned place of performance provision.