Terms & Conditions: Lyght Living furniture leasing GmbH & Co. KG.
1. General Provisions
All present and future deliveries, services and offers by the Lyght Living furniture leasing GmbH & Co. KG. (hereinafter referred to as Lyght Living or Lessor), solely take place according to these terms and conditions. Other conditions will not become subject terms of contract, even if they are not contradicted separately. The claim of goods and services count as acceptance of the contract and its provisions, terms and conditions by the Lessee.
2. Offer and Completion of Contract
2.1 Offers and Information from Lyght Living as well as price quotes in the public price list are non-binding and without any guarantee.
2.2 For individual offers, Lyght Living is bound to the listed prices for two weeks. Apart from that, the offers are non-binding and without any guarantee.
2.3 Lyght Living is entitled to substitute furnishing items ordered by the Lessee with other furnishings listed in the contract, if this is necessary for operational reasons and reasonable for the Lessee. Necessary replacements or substitutions of the rental items will be of same or higher value in regard to type and quality.
2.4 The contract with Lyght Living will take effect with the confirmation of the order by Lyght Living.
3. Prices and Costs
3.1 The agreed upon prices are subject to the confirmation of order by Lyght Living.
3.2 All prices are net prices and are understood to be plus VAT at the applicable statutory rate.
4. Payment Terms
4.1 If not otherwise stipulated, the invoicing takes place according to the confirmation of order by Lyght Living. Invoices are immediately due without any deduction, if there is no exception agreement in place concerning the date of payment before invoice is issued.
4.2 Lyght Living is entitled to refuse job execution until the due payments of the Lessee are received by Lyght Living (right of retention). Any costs or losses accrued by Lyght Living due to any delay will be charged to the debit of the Lessee.
5. Rental Condition
5.1 The Lessee is obligated to handle the items with care and to immediately inform the Lessor in the event of damage or flaws. If in doubt, the Lessee should contact Lyght Living for information concerning proper handling and operation instructions provided by Lyght Living.
5.2 During the term of the lease, normal signs of wear and tear or usage, which may have minor effect on the appearance, but not the functionality, will not be considered as damage or flaws. The same applies for the condition of the rental item upon its return.
5.3 The Lessee shall also be liable for any damages caused by third parties, particularly visitors to the premises.
5.4 The Lessee is expected to protect the property of Lyght Living at all times against any destructive access by third parties. The Lessee is also obligated to keep them safe at Lessee’s own risk and cost, and to preserve the items in the same condition as when they were received at the time of delivery. Upon theft or damage by third party vandals, the Lessee is obligated to inform the police and file appropriate charges.
5.5 The Lessee is responsible for ensuring that the technical devices can be plugged in, there are sufficient supply lines and that the necessary facilities and surfaces are provided. The Lessee agrees to bear the required costs for this purpose.
5.6 Lyght Living is liable in cases of malice or acts of gross negligence by the Lessor, a representative or a vicarious agent according to the legal requirements. Apart from that, Lyght Living is only liable for injury of life, body or health or the culpable violation of fundamental contractual obligations. The claim for damages due to culpable violation of fundamental contractual obligations is limited to the foreseeable damage, typical for the contract. Lyght Living is not liable for personal damage or property damage in the context of misuse of contractual items.
6. Return of Rental Items
6.1 The rental contract ends with the expiry of the rental period. If the Lessee continues the usage of the rental items after expiration of the agreed rental period, § 545 BGB (German Civil Code) shall apply.
6.2 The Lessee is obligated to return the rental items according to the inventory list in a cleaned and proper condition.
6.3 In case of a breach of return obligations, multiple Lessees are held responsible as joint debtors.
6.4 Should the Lessee not return the rental items to Lyght Living after expiration of the rental period, Lyght Living is entitled to charge a fee amounting to the contractually agreed rent for the period of withholding.
6.5 Lessee shall inform Lessor at least 5 working days (not including Saturday) before the day of actual removal/pick-up of the rental furniture. Any shorter delay will resume in an extra charge of 490 Euro plus VAT at the applicable statutory rate for express pick-up.
7. Terms of Cancellation
7.1 Both parties (Lessor and Lessee) are entitled to cancel the rental contract in compliance with the statutory regulations. Lyght Living is entitled to terminate the rental contract for compelling reasons without notice. Compelling reasons most notably include:
- A significant worsening of the Lessee’s pecuniary circumstances.
- Declined debits or payment arrears of more than one monthly payment.
- Compulsory enforcement measures against the Lessee.
- Poor maintenance or incorrect and unlawful usage of the rental items.
7.2 Should Lyght Living terminate the rental agreement for a significant reason, the tenant is obliged to immediately return the rented items to Lyght Living and pay an immediate compensation amounting to the outstanding rent.
8. Period of Delivery and Acceptance Terms
8.1 Delivery or collection of the rented items at the contractually agreed location, appointments and deadlines are only binding after a specific confirmation by Lyght Living. Upon agreeing on a date and time, it shall be understood to include a four hour window both prior to and following the specified time.
8.2 Inability to provide service or delivery due to acts of nature (e.g. strike, lockout, regulatory actions, traffic jams etc.) do not obligate Lyght Living to deliver, even with agreed mandatory dates and deadlines. These events do not entitle the Lessee to reductions in rental fees, claim compensations or enforcement of other rights.
8.3 Compliance of delivery and service obligations by Lyght Living require that the Lessee guarantees a definite and timely access to the place of delivery. Otherwise Lyght Living’s liability immediately lapses.
8.4 Should the Lessee be in default with agreed upon delivery time and date for receiving the rental items, Lyght Living is entitled to return the goods to its warehouse at the Lessee’s expense, and to terminate the contract or demand fulfilment of the contract at Lyght Living’s discretion. The costs of a new delivery as well as any and all damages due to the default in acceptance are at the Lessee’s expenses.
9. Warranty
9.1 The Lessee is obligated to examine the goods upon delivery/receipt, for completeness and contractual condition. Flaws are to be immediately notified; eventual later notifications of flaws will not be accepted by Lyght Living. The same applies for damages to the premises etc. due to transportation.
9.2 With flaws which affect the essential functionality of items, Lyght Living may repair the rented item or supply a replacement.
9.3 The Lessee must bear the costs of minor repairs to the rented items. Minor repairs are the repair of minor damage to the rented items. The Lessee shall bear the costs of minor repairs up to a maximum of EUR 125.00 per individual case. The costs of minor repairs are limited to a total of EUR 250.00, but not more than 8% of the annual net rent.
9.4 Lyght Care (optional). The optional Lyght Care insurance only covers wear and tear and damage caused by the contractual and proper use of the rented items. In this case, Lyght Living will take back the rented items without any obligation on the part of the Lessee to bear the costs. Excluded from this are damages caused by improper use or grossly negligent or wilful damage to the rented items, as well as damages caused by fire, water or theft. Lyght Living expressly recommends that the Lessee take out household contents insurance or adjust an existing household contents insurance policy accordingly.
9.5 The Lessee is aware that assembly, installation and dismantling of the rented items may be carried out by a third party engaged by Lyght Living. The Lessee expressly agrees to assert any claims in the event of damage directly against the third party and with full discharge of Lyght Living. In the event of damage, Lyght Living authorizes the Lessee to assert any claims to which it is entitled against the third party directly against the third party in its own name and for its own account. Upon request, Lyght Living will inform the Lessee immediately of the third party’s public liability insurance.
10. Privacy Policy
Lyght Living is obligated, within the execution of the contract and in compliance with the statutory regulations, especially the Telecommunications Act and Federal Data Protection Act, to safeguard and mind the secrecy of telecommunications. Personal data of the Lessee will only be collected, processed and used, as is necessary for the execution of the contract, or if the customer agrees, or if the Telecommunications Act, Federal Data Protection Act or another legal regulation requires or authorizes it. The collected data will only be used for internal processing and not passed to third parties.
11. Information on Data Protection in accordance with the EU-GDPR
Our company regularly checks and monitors your creditworthiness when concluding contracts and, in certain cases where there is a legitimate interest, also for existing customers. For this purpose, we cooperate with Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, from whom we obtain the necessary data. To this end, we transmit your name, address, and date of birth to Boniversum GmbH. Information pursuant to Article 14 of the EU General Data Protection Regulation regarding the data processing carried out by Boniversum GmbH can be found here:
https://www.boniversum.de/eu-dsgvo/informationen-nach-eu-dsgvo-fuer-verbraucher/
12. Miscellaneous
12.1 Should the individual terms of this contract be ineffective or lose their effectiveness, the legal effectiveness of the other provisions of the same contract are not affected.
12.2 Subsidiary agreements, deviations or additions to these contract conditions require written form.
12.3 The statutory right of the German Federal Republic applies. The place of jurisdiction – if permitted by law – is Frankfurt am Main.
(Please note that in case of legal dispute only the official German version of this document is legally binding.)
Effective: May 2025
