Terms of service
General Terms and Conditions of LAVURI® HOME DECOR & Gourmet Candles for Buyers / end users
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Section 1 Scope
Section 2 Subject Matter of the Contract
Section 3 Conclusion of Contract
Section 4 Software
Section 5 Prices
Section 6 Terms of Payment / Default / Termination
Section 7 Right of Withdrawal for Consumers
Sample Withdrawal Form
Section 8 Delivery and Delivery Time, Provision and Updates
Section 9 Transfer of Risk
Section 10 Retention of Title
Section 11 Warranty
Section 12 Limitation of Liability
Section 13 Online Dispute Resolution
Section 14 Credit Agencies (e.g., SCHUFA / Boniversum)
Section 15 Place of Performance, Jurisdiction, Applicable Law, Set-Off and Assignment, Customer Identity
General Terms and Conditions of LAVURI® Home DECOR & Gourmet Candles for Buyers
Section 1 Scope
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the free use of all online platforms and online shops operated and represented by LAVURI® Home DECOR & Gourmet Candles (hereinafter referred to as "Online Platform"), as well as to all contracts concluded via these platforms between LAVURI® Home DECOR & Gourmet Candles, Rua do Borbulhao 451, 4440-106 Campo / VLG- Portugal (hereinafter referred to as "we" or "LAVURI® Home DECOR & Gourmet Candles") and you as our customer (hereinafter referred to as "Customer" or "Buyer").
Our offers are directed to both entrepreneurs within the meaning of Section 14 of the German Civil Code (hereinafter referred to as "Entrepreneur") and consumers within the meaning of the German Civil Code. Section 13 of the German Civil Code (BGB) (hereinafter referred to as "Consumer") also applies to all future business relationships, even if they are not expressly agreed upon again.
A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity and/or demonstrably has invoices issued in accordance with this activity.
Section 2 Subject Matter of the Contract
LAVURI® Home DECOR & Gourmet Candles provides all services described below exclusively on the basis of these General Terms and Conditions. Any differing terms and conditions of the customer shall not become part of the contract, even if LAVURI® Home DECOR & Gourmet Candles does not expressly object to their validity.
Customers have the option to purchase various products via the online platforms. These may include new or used goods, digital content, services, or other offerings. LAVURI® Home DECOR & Gourmet Candles also offers subscriptions, which may relate to the purchase of products or the provision of services. We sell products and services from retailers and service providers (hereinafter referred to as "Contractual Partners") in our own name and for our own account. These partners are obligated to provide the services directly to the customer upon conclusion of a contract between us and the customer. Delivery of the product or provision of the service is therefore carried out by our Contractual Partners (whose logo or service provider appears during the ordering process), who act as our agents. This also applies to all types of services and memberships.
Our Contractual Partners are entitled to have supplementary product-specific terms of use, if applicable. These may include supplementary license agreements, warranty agreements, or product-specific agreements. These terms then apply between the customer and our agent.
Section 3 Conclusion of Contract
The placement of a product in the online shop does not yet constitute a binding offer from LAVURI® Home DECOR & Gourmet Candles to the customer to conclude a contract. To purchase products from LAVURI® Home DECOR & Gourmet Candles, the customer can access the corresponding order form and then enter the order details into the provided order form. After selecting the shipping method and the desired payment method, the customer has the opportunity to review the order details again by clicking the "Complete Order" button. On some order forms, review is also possible without clicking "Complete Order." In this case, the button is omitted. By clicking the "Buy Now and Proceed to Payment" button, the customer submits their binding offer to conclude a contract. By submitting the order, these Terms and Conditions become part of the contract. Following the order process, the customer receives an order confirmation email from LAVURI® Home DECOR & Gourmet Candles. This order confirmation constitutes acceptance of the offer submitted by the customer to LAVURI® Home DECOR & Gourmet Candles. Until clicking the "Buy now and proceed to payment" button, the customer can change or delete their information in the order form at any time.
LAVURI® Home DECOR & Gourmet Candles saves the order contract text, and the customer can print it before submitting their order by clicking "Print" in the final step of the order process.
We also send the customer an order confirmation with all order details to the email address they provided.
Along with the order confirmation, the customer receives an invoice for the purchased goods or services. The customer agrees that this invoice will be sent exclusively electronically, even if no separate confirmation or consent is required.
By entering their data to express interest and/or their intention to become a customer in the future, the customer already agrees that we and our partners may send them emails as a welcome message, thank you, confirmation, or a friendly request to submit an outstanding review. No separate consent or confirmation is required for this. Entering, storing, or creating a customer/prospective customer account, etc., thereby confirms that our Terms and Conditions have been read, understood, and accepted.
Further information on data protection can be accessed at any time at https://www.lavuri.eu/policies/privacy-policy.
LAVURI® Home DECOR & Gourmet Candles reserves the right to reject contract offers without giving reasons.
If the customer is a business, offers from LAVURI® Home DECOR & Gourmet Candles are subject to change and non-binding.
The customer is not entitled to resell digital content within the meaning of Section 327 Paragraph 2 Sentence 1 of the German Civil Code (BGB) to third parties. This includes, in particular, the transfer of access data to content provided to the customer. Resale is permitted if LAVURI® Home DECOR & Gourmet Candles has given its prior written consent in text form.
The customer is only entitled to purchase goods in quantities customary for household use. LAVURI® Home DECOR & Gourmet Candles is entitled, upon suspicion of commercial resale of goods by the customer, to either withdraw from or terminate the contract and exclude the customer from further purchases.
After placing an order, the customer may be offered additional products for purchase (upsells). This constitutes another invitation from LAVURI® Home DECOR & Gourmet Candles to submit an offer to purchase the product. To submit this offer, the customer simply clicks on the displayed order button. The contract is only concluded upon order confirmation by LLAVURI® Home DECOR & Gourmet Candles LAVURI® Home DECOR & Gourmet Candles uses the previously entered and used customer and payment data for the order. LAVURI® Home DECOR & Gourmet Candles expressly points out that ordering an upsell does not become part of the previously concluded contract, but constitutes a separate, additional contract. The customer will receive a separate order confirmation for each upsell order.
Unless expressly agreed upon at the time of ordering, the customer has no right to have substantive questions about the purchased product answered. Support is limited to questions concerning contract processing and organization.
If a contract exists pursuant to Section 1 Paragraph 1 of the German Distance Learning Act (FernUSG), the general terms and conditions for the purchase of services within the scope of the Distance Learning Act (FernUSG) agreed upon at the time of contract conclusion shall take precedence over these terms and conditions.
Section 4 Software
If a delivered product consists of or contains software, this software is supplied in accordance with the respective license terms.
This software may only be reproduced, adapted, translated, made available, distributed, modified, disassembled, decompiled, reverse engineered, or combined with other software to the extent expressly permitted by the license terms or applicable laws, in particular Section 69d, paragraphs 2 and 3, and Section 69e of the German Copyright Act.
The buyer shall indemnify LAVURI® Home DECOR & Gourmet Candles against all liability, claims, and costs arising from the buyer's infringement of third-party intellectual property rights.
Section 5 Prices
The prices valid at the time of ordering apply. All prices are quoted in EUR and include VAT.
Shipping costs are not included in this price and will be charged separately during the ordering process.
The total amount payable, including shipping costs, is due immediately before delivery. If the customer is a business, prices are exclusive of packaging, freight, postage, shipping costs, and insurance. If our purchase prices, transport costs, business-related taxes, or other costs affecting the individual price change unexpectedly between the conclusion of the contract and the agreed delivery date – in the case of non-commercial transactions, only if this period exceeds four months – either party may demand a corresponding price adjustment.
If the subject of the contract is an automatically renewing subscription with a minimum term, LAVURI® Home DECOR & Gourmet Candles is obligated to announce price increases at least three months before the end of the minimum term. In the event of timely notification, the customer has a special right of termination until the end of the contract term.
LAVURI® Home DECOR & Gourmet Candles is entitled to engage a third party to inform the customer.
Section 6 Payment Terms / Default / Termination
LAVURI® Home DECOR & Gourmet Candles offers customers various payment methods. These are: PayPal, credit card payment with Mastercard or Visa, direct debit, instant bank transfer, or bank transfer. LAVURI® Home DECOR & Gourmet Candles reserves the right, at its sole discretion, not to offer one or more of the aforementioned payment providers.
If the customer purchases a product related to a subscription ("Subscription Product") or a product or service that includes installment payments via the LAVURI® Home DECOR & Gourmet Candles order form, the customer authorizes us to use the selected payment method for each recurring installment payment. The amount of the payments due depends on the purchased product. The prices and the agreed payment period are always clearly stated on our order form.
In the event of a consumer's cancellation of the contract pursuant to Section 7 or in the event of a contract reversal for other reasons, we will refund any payments already made. We will use the same payment method for this refund as was used for the original transaction. Therefore, if a SEPA direct debit mandate has been issued, a simultaneous chargeback by the customer is not necessary. We are entitled to request proof of the account holder's identity, such as a copy of an official document showing their current address. Should the customer fail to repay the amount received without authorization after a chargeback and simultaneous refund from us within a reasonable period, we are entitled to request information from the buyer's bank regarding the account holder's personal data for the purpose of enforcing our claims through civil proceedings. Furthermore, we reserve the right to file criminal charges in this case.
We are entitled to request copies of official documents for identity and plausibility verification.
If the customer defaults on a payment, we are entitled to terminate the agreed installment plan and demand immediate payment of the entire remaining balance.
If the customer has purchased a product in connection with a subscription and defaults on a payment equivalent to one monthly fee, we are entitled to terminate the underlying contract without notice. In this case, the customer owes damages in the amount of our lost profit less any expenses saved, taking into account the prepayment penalty. The resulting damages amount to 80% of the agreed monthly fee from the date of termination until the end of the agreed subscription. The customer has 30 days to prove that we incurred no damage or lesser damage; otherwise, the damages are deemed to have occurred and are accepted.
If the customer defaults on one or more payments, LAVURI® Home DECOR & Gourmet Candles is entitled to assign the claim to a third party or to commission a third party to collect the outstanding amount. Claims pursued on our behalf by a collection agency commissioned by us can still be settled by payment to LAVURI® Home DECOR & Gourmet Candles.
Claims arising from default beyond those specified in sections 5 to 7 remain unaffected.
The customer will receive an invoice from LAVURI® Home DECOR & Gourmet Candles for the purchased product. The customer is requested to carefully check the information on the invoice. Corrections to an invoice are only possible in justified exceptional cases. If the customer requests a correction to the invoice based on errors that LAVURI® Home DECOR & Gourmet Candles cannot guarantee, the customer must inform us accordingly. LAVURI® Home DECOR & Gourmet Candles is not responsible for any errors in the invoice. A correction and corresponding amendment to the invoice will only be made if:
the customer's request for invoice correction is received by LAVURI® Home DECOR & Gourmet Candles within 30 days of the conclusion of the contract, and
the correction concerns the recipient's name, street address, and house number or VAT ID number, which the customer inadvertently provided incorrectly when placing the order.
LAVURI® Home DECOR & Gourmet Candles is entitled to charge the customer for any additional costs incurred as a result of a requested correction, unless the invoice correction is necessitated by an error on the part of LAVURI® Home DECOR & Gourmet Candles.
If the contractual relationship between LAVURI® Home DECOR & Gourmet Candles ends, the customer is entitled to cancel the invoice. If LAVURI® Home DECOR & Gourmet Candles terminates the contract with two weeks' notice, LAVURI® Home DECOR & Gourmet Candles is entitled to terminate the contract with two weeks' notice. LAVURI® Home DECOR & Gourmet Candles hereby agrees to the transfer of the contractual relationship to another contracting party in this case.
If the contract is transferred to another contracting party after termination pursuant to clause 10, all mutual claims of the parties shall be extinguished. This does not apply if the customer is in default of payment for a period prior to the termination of the contractual relationship between LAVURI® Home DECOR & Gourmet Candles and the fulfilling contracting party.
Declarations of intent, in particular notices of termination, rescission, and cancellation, must be made exclusively to LAVURI® Home DECOR & Gourmet Candles.
LAVURI® Home DECOR & Gourmet Candles,
Rua do Borbulhao 451
4440-106 Campo / VLG - Portugal
Email address: support@lavuri.eu.
For automatically renewing subscriptions, LAVURI® Home DECOR & Gourmet Candles expressly points out that these can be canceled by the customer from the time of conclusion of the contract until the end of the contract term. Cancellation must be submitted in writing to LAVURI® Home DECOR & Gourmet Candles or by using the cancellation button provided at https://www.lavuri.eu. If the customer, who is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), does not cancel the subscription before the end of the current contract term, the contract will automatically renew for the period agreed upon at the time of ordering, unless otherwise agreed. For consumers, the contract automatically renews indefinitely after the agreed term expires and can then be cancelled monthly. The terms of the automatic renewal, the cancellation periods, and the expected costs are detailed in the order confirmation and on the order overview page.
Section 7 Right of Withdrawal for Consumers
Cancellation Policy for the Delivery of Goods
If the buyer is a consumer, they have the following right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In the case of a contract relating to multiple goods ordered by you in one order and delivered separately, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise your right of withdrawal, you must inform us, LAVURI® Home DECOR & Gourmet Candles, Rua do Borbulhao 451, 4440-106 Campo / VLG - Portugal, email address: revoke@lavuri.eu, must be informed of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. After you have objected to the return of your goods, you are not permitted to continue using, altering, or otherwise damaging them in a way that diminishes their value. Any resulting reduction in value will be proportionally deducted from the refund amount. We will use the same payment method you used for the original transaction for this refund, unless we have expressly agreed otherwise with you. In no case will you be charged any fees for this refund.
We may withhold the refund until we have received the goods back or you have provided proof that you have returned them and that a person on our behalf has accepted them, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired; if this period expires, the right to object is forfeited. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this diminished value is due to handling or further use of the goods beyond what is necessary to ascertain their nature, characteristics and functioning, despite your objection.
Notice
The right of withdrawal does not apply to distance contracts for the supply of goods such as magazines, digital products, downloads, activated software, directly accessible applications, images, illustrations, collections, or illustrated magazines, with the exception of subscription contracts; to distance contracts for the supply of additional goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been broken after delivery; or to distance contracts for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.
Cancellation policy for the supply of digital content
If the buyer is a consumer, they have the following right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (LAVURI® Home DECOR & Gourmet Candles, Rua do Borbulhao 451, 4440-106 Campo / VLG - Portugal, email address: support@lavuri.eu) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from the delivery), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this refund, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this refund.
Cancellation Policy for the Provision of Services
If the buyer is a consumer, they have the following right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (LAVURI® Home DECOR & Gourmet Candles, Rua do Borbulhao 451, 4440-106 Campo / VLG - Portugal, email address: support@lavuri.eu) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred as a result of your withdrawal), immediately and within fourteen days from the day on which we receive your notification of withdrawal. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement.
If you requested that the service begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of your withdrawal from this contract, in comparison with the total scope of the services stipulated in the contract.
If you requested that the service begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of your withdrawal from this contract. Cancellation Policy for Installment and Partial Payment Agreements
If the buyer is a consumer and has entered into an installment payment agreement with us, they have the following right of cancellation:
Right of Cancellation
You may cancel your contractual declaration within 14 days without giving any reason. The cancellation period begins after conclusion of the contract, but only after you have received all mandatory information pursuant to Section 492 Paragraph 2 of the German Civil Code (BGB) (e.g., information on the type of loan, the net loan amount, and the contract term). You are deemed to have received all mandatory information if it is contained in the copy of the application or the contract document intended for you, or in a copy of your application or the contract document provided to you. Mandatory information not included in the contract text may be subsequently provided to you on a durable medium; in this case, the cancellation period is one month. You will be informed again of the start of the cancellation period when you receive the subsequently provided mandatory information. To meet the cancellation deadline, it is sufficient to send your cancellation notice in a timely manner, provided the declaration is made on a durable medium (e.g., letter, fax, email). The cancellation notice should be sent to us (LAVURI® Home DECOR & Gourmet Candles, Rua do Borbulhao 451, 4440-106 Campo / VLG - Portugal, email address: revoke@lavuri.eu).
Special provisions for other contracts
If you have a right of cancellation with regard to the purchase of goods, the delivery of digital content, or the provision of services, then upon effective cancellation of the aforementioned transaction, you are also no longer bound by this loan agreement.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services stipulated in the contract.
You are obligated to pay compensation for the value of the digital content delivered up to the point of withdrawal if you have expressly agreed to the commencement of delivery of the digital content before the end of the withdrawal period.
End of the cancellation policy
No right of withdrawal
The rights of withdrawal mentioned in this statement apply exclusively to consumers. A right of withdrawal does not arise for consumers under Section 312 Paragraph 2 of the German Civil Code (BGB) if one of the following types of contract applies:
Contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded.
Contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Contracts for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.
Contracts for the supply of alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence.
Contracts for the supply of audio or video recordings or computer software in sealed packaging if the seal has been broken after delivery.
Contracts for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts.
Contracts for the supply of goods or the provision of services, including financial services, whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period, in particular services relating to shares, units in open-ended investment funds within the meaning of Section 1(4) of the German Investment Code (Kapitalanlagegesetzbuch), and other negotiable securities, foreign exchange, derivatives, or money market instruments.
Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, car rental, supply of food and beverages, and the provision of other services related to leisure activities, if the contract provides for a specific date or period for performance.
Contracts concluded through a marketing format where the trader offers goods or services to consumers who are present or given the opportunity to be present, in a transparent, competitive bidding process conducted by an auctioneer, where the successful bidder is obliged to purchase the goods or services (public auction).
Contracts where the consumer has specifically requested the trader to visit them to carry out urgent repairs or maintenance; this does not apply to any additional services provided during the visit that the consumer did not specifically request, or to any goods supplied during the visit that are not strictly necessary as replacement parts for the maintenance or repair.
Contracts for the provision of betting and lottery services, unless the consumer made their contractual declaration by telephone or the contract was concluded off-premises.
Contracts that have been notarized. This applies to distance contracts for financial services only if the notary confirms that the consumer's rights under Section 312d Paragraph 2 of the German Civil Code (BGB) are protected.
Model Cancellation Form
(If you wish to cancel the contract, please fill out this form and return it.)
To:
LAVURI® Home DECOR & Gourmet Candles, Rua do Borbulhao 451, 4440-106 Campo / VLG - Portugal
Email address: support@lavuri.eu
I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of goods under the Distance Selling Regulations (*)
Ordered on (*) /received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
Date
(*) Delete as appropriate.
Section 8 Delivery and Delivery Time, Provision and Updates
Shipping takes place within 10 days of receipt of payment in our account. Any resulting delay does not constitute grounds for cancellation.
Partial deliveries are permitted and can be invoiced separately, provided this is reasonable for the buyer and they have a legitimate interest in the partial delivery.
If the LAVURI® Home DECOR & Gourmet Candles product is in default, the customer, if a business, may only withdraw from the contract after a reasonable grace period of at least fourteen days has expired without delivery, and only to the extent that the product has not yet been reported as ready for shipment. In the event of partial default or partial impossibility of performance, the buyer may only withdraw from the entire contract or claim damages for non-performance of the entire obligation if partial performance of the contract has no demonstrably valid interest for them.
If the purchased product is digital content, provision begins within two business days of receipt of payment. The product is considered provided when:
The customer has received working login credentials for a member area of LAVURI® Home DECOR & Gourmet Candles or a service provider, which grants access to the digital content.
The customer has been granted access to the digital content by LAVURI® Home DECOR & Gourmet Candles or a service provider by sending them a link.
The customer receives access to the digital content in any other way and has access to it without any further action required from LAVURI® Home DECOR & Gourmet Candles.
Provision is made either via the IT infrastructure of LAVURI® Home DECOR & Gourmet Candles or, at the service provider's discretion, via their own IT systems. If the digital content of LAVURI® Home DECOR & Gourmet Candles is not provided to the customer, the following applies: If LAVURI® Home DECOR & Gourmet Candles is provided, any limitations on the provision of the products, both in terms of time and quantity, will be announced on the order form and will form an integral part of the contract. If the products are provided via the technical equipment of a vicarious agent or a third party, the provision is deemed agreed upon for a minimum of 3 months and for a minimum of 3 accesses.
Paragraphs 4 and 5 do not apply to continuing obligations or installment agreements. In this case, the provision ends upon expiry of the contract term.
The obligation to update digital content within the meaning of Section 327f of the German Civil Code (BGB) and within the meaning of Sections 475a Paragraph 2 in conjunction with 475b Paragraph 4 No. 2 of the German Civil Code (BGB) does not apply to customers who are not consumers. For consumers, this obligation ceases after the provision period has expired.
Section 9 Transfer of Risk
If the customer is a consumer, the statutory provisions regarding the transfer of risk apply.
If the customer is a business, the risk passes to them as soon as the shipment is handed over to the carrier carefully selected by LAVURI® Home DECOR & Gourmet Candles or has left the warehouse or that of a sub-supplier for shipment. If shipment is delayed at the buyer's request, the risk passes to them upon notification of readiness for shipment. The same applies to the assertion of rights of retention.
Section 10 Retention of Title
The goods remain the property of LAVURI® Home DECOR & Gourmet Candles until full payment of the purchase price.
Prior to the transfer of ownership, pledging, assignment as security, processing, or modification of the goods is not permitted without the consent of LAVURI® Home DECOR & Gourmet Candles. Retention of title pursuant to Section 449 of the German Civil Code (BGB), including the extended retention of title pursuant to Section 185 Paragraph 1 of the BGB, applies.
If the buyer is a business, they are entitled to resell the goods subject to retention of title in the ordinary course of business. However, they are only entitled to resell the goods to end consumers. Resale to other purchasers is expressly prohibited. The buyer hereby assigns to us, as security, all claims arising from the resale or any other legal basis (insurance, tort) relating to the goods subject to retention of title, including all balance claims from current accounts. We revocably authorize the buyer to collect the assigned receivables on our behalf and in his own name. This authorization to collect can only be revoked if the buyer defaults on payment. In that case, the buyer is obligated to disclose the name, address, and amount of the receivables to all persons to whom the goods subject to retention of title have been sold. Pledging or assigning the goods as security is prohibited. As long as the buyer is not in default of payment, we will not disclose the assignment. In the event of third-party access to the goods subject to retention of title, in particular attachments, the buyer will inform the third party of our ownership and notify us immediately so that we can enforce our ownership rights. If the third party is unable to reimburse us for the resulting legal or extrajudicial costs, the buyer is liable for these costs. In the event of a breach of contract by the buyer—in particular, default of payment, cessation of payments, or filing for insolvency—we are entitled to repossess the goods subject to retention of title or, if applicable, demand assignment of the buyer's claims for surrender against third parties.
The repossession or seizure of the goods subject to retention of title by us does not constitute a withdrawal from the contract if the buyer is an entrepreneur.
Section 11 Warranty
All contracts between LAVURI® Home DECOR & Gourmet Candles and the customer are subject to statutory warranty rights. We are a customers satisfaction driven company, fairness is our 1st. priority, if it is what it is, we will sove it, if we have the suspicion, it`s a fiddle, being exploited, we execute our right of solving the issue on any cause and block / close the client account to minimize further demages on mentioned behalf / behavior.
If the contract concerns a used item, the warranty rights for defects expire within one year, beginning on the date of delivery.
The reduction of the warranty period to one year does not apply if the liability for damages is based on personal injury or damage to health caused by a defect for which we are responsible, or on intentional misconduct or gross negligence on the part of LAVURI® Home DECOR & Gourmet Candles or our agents. Notwithstanding the foregoing, we are liable under the Product Liability Act.
If the buyer is a business, the following additional provisions apply: The buyer must report all recognizable defects upon receipt of the goods, but no later than within 3 business days. Hidden defects that cannot be detected even after immediate inspection may only be claimed against LAVURI® Home DECOR & Gourmet Candles if the notice of defects is received by us within 3 months of the goods leaving the factory. In the case of justified complaints, LAVURI® Home DECOR & Gourmet Candles is entitled, at its discretion, to repair the goods or provide a replacement. If the customer does not give us the opportunity to verify the defect, and in particular, if the customer does not provide the goods in question or samples thereof immediately upon request, all warranty claims are void. Complaints regarding partial deliveries do not entitle the customer to refuse the remaining delivery. These conditions also apply to deliveries of goods that do not conform to the contract.
All warranty claims for businesses are excluded for deliveries of used goods.
Section 12 Limitation of Liability
LAVURI® Home DECOR & Gourmet Candles makes every effort to ensure that the website is available without interruption and that transmissions are error-free. However, this cannot be guaranteed at all times. Access to the online platform may also be occasionally interrupted or restricted to allow for repairs, maintenance, or the introduction of new features. LAVURI® Home DECOR & Gourmet Candles endeavors to limit the duration and frequency of these temporary interruptions.
LAVURI® Home DECOR & Gourmet Candles is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
In cases of slight negligence, LAVURI® Home DECOR & Gourmet Candles is liable only for breaches of a material contractual obligation and only up to the amount of the typical contractual damages. A material contractual obligation within the meaning of this clause is an obligation whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the other party may therefore regularly rely.
The limitations of liability apply accordingly to the benefit of the employees, agents, and vicarious agents of LAVURI® Home DECOR & Gourmet Candles
Otherwise, the liability of LAVURI® Home DECOR & Gourmet Candles is excluded.
Section 13 Online Dispute Resolution (only valid until 20.07.2025)
(1) Nur für Deutschland: Wir sind weder bereit noch verpflichtet an einer alternativen Streitschlichtung teilzunehmen. Zur Teilnahme an einer alternativen Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir weder bereit noch verpflichtet.
(2) Just for Portugal: Qualquer problema ou reclamação que deseje fazer, basta contatar-nos através de shop@lavuri.eu para a situação ser resolvida ou através do Livro de Reclamações online: livroreclamacoes.pt.
(3) Section 14 Credit Agencies (e.g., SCHUFA / Boniversum)
LAVURI® Home DECOR & Gourmet Candles is authorized to obtain information about the customer from credit agencies for the purpose of credit assessment and protection against payment defaults. Furthermore, to the extent necessary for the performance of the contract and with the customer's consent, LAVURI® Home DECOR & Gourmet Candles is authorized to obtain standard banking information from the customer's bank for credit assessment purposes. Based on the customer's consent, LAVURI® Home DECOR & Gourmet Candles will transmit data about the order, commencement, and termination of the contract to credit agencies and receive information about the customer from them. Data transmission and storage are carried out in accordance with data protection regulations and only to the extent necessary to protect the legitimate interests of LAVURI® Home DECOR & Gourmet Candles, a contractual partner of the credit agency, or the general public, and provided that the customer's legitimate interests are not thereby impaired. Regardless of this, LAVURI® Home DECOR & Gourmet Candles may also transmit data to the credit agency regarding non-contractual behavior (e.g., termination due to payment default, enforcement measures). These reports are made in accordance with the German Federal Data Protection Act (BDSG) and the GDPR only to the extent that this is permissible after weighing all affected interests. With the customer's consent, the credit agency stores and transmits data to affiliated banks, credit card companies, leasing companies, retailers (including mail-order companies), and other businesses that commercially provide credit or loans to consumers or offer telecommunications services, in order to provide them with information for assessing customer creditworthiness. Address data may be transmitted to companies contractually affiliated with the credit agency (e.g., SCHUFA/Boniversum) for the purpose of locating debtors. SCHUFA transmits only objective data without identifying the lender; subjective value judgments and personal income and asset information are not included in SCHUFA reports. Credit agencies only provide data if a legitimate interest in the data transfer has been credibly demonstrated in the individual case. When providing information, the credit agency may additionally transmit to its contractual partners a probability score calculated from its database for assessing credit risk (scoring procedure).
Section 15 Place of Performance, Jurisdiction, Applicable Law, Set-off and Assignment, Customer Identity
The place of performance for all claims arising from the contractual relationship is Valongo / Porto, Portugal, if the customer is a business.
The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is ONLY Valongo / Porto, Portugal, provided the customer is a merchant or has no general place of jurisdiction in Germany or another EU member state, has moved their permanent residence abroad after these Terms of Use became effective, or their residence or habitual abode is unknown at the time the action is brought.
Portugese law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence. Therefore, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is also ONLY Valongo / Portugal.
The customer may only set off counterclaims if these counterclaims are undisputed or have been legally established. This does not apply insofar as a consumer's claims arising from or in connection with the assertion of their statutory right of withdrawal are affected. A right of retention may only be asserted with regard to claims arising from the same contractual relationship.
LAVURI® Home DECOR & Gourmet Candles is entitled, at its sole discretion, to request proof of identity, proof of legal age, and proof of the customer's address. If the customer fails to comply with this request within one week, LAVURI® Home DECOR & Gourmet Candles is entitled to terminate the contract without notice, discontinue the provision of digital content and services, and, if applicable, reclaim any goods already shipped.
latest Version: 02.02.2026