General Terms and Conditions of Delivery
of Loewe Technology GmbH, having its registered seat at Industriestraße 11, 96317 Kronach, Germany, registered with the commercial register of the local court Frankfurt am Main under HRB 117013 (“Supplier”).
Scope of Application
(1) These GTCoD shall apply to all business relationships and transactions of Supplier and its distributors and other customers, insofar as these are entrepreneurs (Unternehmer) in the meaning of sec. 14 Civil Code (Bürgerliches Gesetzbuch), and governmental entities or special governmental estates (“Customers”). They shall in particular apply to all offers, deliveries of products and rendering of services from Supplier to Customer.
(2) These GTCoD shall apply exclusively. Deviating, contrary or supplemental general terms and conditions of the Customer or a third party shall not apply even if the Supplier does not object to their applicability. They shall only apply if the Supplier explicitly agrees hereto in writing. This aforementioned shall apply in any case, even to any unconditional delivery of products or provision of services from Supplier to Customer despite Supplier’s knowledge of Customer’s deviating, contrary or supplemental general terms and conditions.
(3) Any individual agreement made between Supplier and Customer shall prevail over these GTCoD.
(4) All declarations with legal relevance and all notifications which have to be submitted after conclusion of an agreement (for example notifications regarding deadlines, notices of defects, declarations of rescission or reduction of the price for reason of defects, amendments of or supplements to the agreement) shall be given in writing. This does also apply to amendments or additions to this written form clause.
(5) The transmission of declarations or notifications according to paragraph (4) by
means of telecommunication, in particular by e-mail, is sufficient if a copy of the signed declaration or notification is displayed.
Offers and conclusion of agreements
(1) All offers of the Supplier are subject to change and are of non-binding nature unless explicitly marked as being binding or unless a specific period for the acceptance of the offer is stated therein.
(2) Supplier may accept the order of goods or services made by the Customer within fourteen (14) days after its submittal.
(3) Supplier’s specifications on the delivered products (for example their weights, measurements, utility values, breaking points, (technical) tolerances and technical data) or about Supplier´s services (and the corresponding marketing materials (for example images, drawings and illustrations)) are only approximately accurate, unless the accurate conformity is required for use in accordance with the contractually agreed purpose. Such specifications do not constitute guaranteed characteristics, but are only descriptions or designations of deliveries or services. Customary deviations, deviations due to legal provisions or constituting technical improvements and replacement of components by parts of equivalent quality are possible, if they do not impair the use of the delivery or the rendered service for the contractually agreed purpose.
Prices and payments
(1) Unless otherwise agreed in individual cases, prices are the EURO prices listed by the Supplier´s price list applicable on the date of the order charged ex works plus the respective statutory VAT. In case products shall be delivered to the Customer, further costs (including but not limited to packaging, transport costs, customs, public fees and royalties, transport insurance) may accrue.
(2) If, due to a change of applicable laws, elements of the prices resulting from public charges (“Public Price Elements”) are (i) subject to a change, (ii) newly introduced or (iii) no longer applicable, the resulting price modification shall be charged to the Customers. In case of an increase or introduction of new Public Price Elements, the change shall not be charged to the customer if the delivered products or services ordered from Supplier were sold by the Customer to a consumer before the Customer received a notification of the change from the Supplier.
(3) The prices are valid for the scope of service and delivery that are defined in the Supplier´s order confirmation. Extra or special services or deliveries shall be charged separately. Prices are due within 14 days after receipt of the invoice and, whatever is later, delivery of the goods or rendering of the services, respectively, without any kind of deduction unless otherwise agreed upon in writing. The relevant date of payment is the date when the payment is credited to the Supplier’s bank account. The Customer shall pay all bank fees for the bank transfer of payments. The Customer is in default after expiration of the above mentioned payment deadline.
(4) The Customer shall be entitled to a set-off (Aufrechnung) or retainer rights (Leistungsverweigerungsrechte) only insofar as the Customer´s counter-claim is acknowledged by the Supplier or has been finally and non-appealably established in a legally binding judgment.
(5) The Supplier is entitled to perform unpaid deliveries or to render unpaid services only against advance payment or securities, if Supplier becomes aware of circumstances reducing the creditworthiness of the Customer after conclusion of the agreement, which could jeopardize the payment of unsettled claims of the Supplier that result from the respective contractual relationship. Sentence 1 shall also apply in case of any individual orders which are based on a frame agreement between Supplier and Customer.
(6) Acceptances, bills of exchange and cheques are only accepted on explicit and separate agreement and always only on account of performance (erfüllungshalber). If acceptances, bills of exchange and checks are accepted, additional collection and discount charges shall be borne by the Customer.
(7) Subject to paragraph (6), the Supplier is entitled to request cash payment against return of acceptances or bills of exchange.
(8) Costs resulting from the return of acceptances and bills of exchange shall be borne by the Customer, as long as such return is culpably caused by the Customer.
(9) In the event that the parties agree a credit limit, the Supplier reserves the right to refuse further delivery of products or further rendering of services, in case that the credit limit is exceeded until the amount exceeding the agreed limit has been paid to the Supplier.
Delivery and delivery time
(1) Delivery shall be made ex works, unless otherwise agreed in individual cases.
(2) Dates of delivery are agreed individually or declared by the Supplier when an order is accepted.
(3) If the Supplier cannot adhere to a binding delivery period due to reasons which are not foreseeable and attributable (“Non-Availability of the Service or Products”), the Supplier shall without undue delay notify the Customer thereof and appoint a new delivery date. If the service and/or product remains non-available within the new delivery period, each party is entitled to withdraw in part or in whole from the respective agreement; payments already rendered by the Customer shall be refunded immediately by the Supplier in such cases. Non-Availability of the Services or Products shall be deemed to exist in case of for example a late delivery to the Supplier by its suppliers, strikes, lawful lockouts, shortage of labour, energy or raw materials, difficulties in procuring necessary official permits, or official measures.
(4) The Supplier is entitled to partial deliveries or/and partial services only, if
o the Customer can use the partial delivery/service within the contractually agreed purpose of the delivery or service,
o it is safeguarded that the remaining and missing products or services will be provided and
o the Customer does not accrue any essential additional expenses or costs (unless the Supplier is willing to bear such costs)
o cannot be made otherwise due to objective reasons (vis major) and/or the Customer is notified thereon without delay and presents no objections.
(5) In the event that the Customer (i) is in default of acceptance, Customer (ii) fails to cooperate or assist, or (iii) is liable for a delay of the delivery of products or rendering of services due to other reasons , the Customer shall remain obliged to pay the agreed on price. In the aforementioned cases, the Supplier shall store the products at the risk and expense of the Customer and shall request Customer to collect the products immediately from the place of storage or, in case of services to be rendered, to call for the services (“Performance Request”). The Supplier shall request charges for the aforementioned storage to the amount of 0.5% of the net order price per calendar week, beginning with Performance Request, however, limited to a total of 10% of the net order price. The Supplier’s right to prove that a higher damage incurred shall remain unaffected; the lump charges described in sentence 3 have to be credited against further claims for damages base on the same action. The Customer´s right to prove that the Supplier has incurred no damage or only a lower damage remains unaffected.
(6) If the products were not collected by the Customer within two (2) weeks after receipt of the Performance Request, the Supplier is entitled to withdraw from the corresponding agreement sell the products to third parties after having notified the Customer hereon by giving a . In such case, the default of the Customer ends with the sale to a third party.
(7) Transport insurance is only provided on explicit request of the Customer provided in the PO and at the Customer’s expense.
(8) If the conclusion of transport insurance is agreed between the parties, the Customer herewith assigns his future claims from such insurance until complete payment of the purchase price as security to the Supplier.
Place of performance, delivery, packaging, passing of risk, acceptance, specific risk exposure
(1) Place of performance for all obligations under this agreement is at the Supplier´s works unless explicitly agreed otherwise.
(2) On Customer’s request and costs, the products shall be delivered to another destination. Unless explicitly agreed otherwise, the Supplier shall be free to determine the mode of delivery (including but not limited to carrier, delivery route, packaging).
(3) The risk of accidental loss, accidental destruction or accidental damage shall pass to the Customer at the latest on – the actual beginning of the – handover of the product to the carrier or third party appointed to execute delivery. The same applies if Supplier provides partial deliveries or additional services (for example shipment or installation). If shipment or handover is delayed due to circumstances caused by the Customer, the risk shall pass to the Customer on the day when the product is ready to be delivered and the Supplier notifies the Customer thereof.
(4) If and insofar acceptance must be declared by Customer, Customer must immediately conduct an acceptance test and provide Supplier with an explicit declaration on acceptance, or notify Supplier of any defects, respectively. Implied and/or partial acceptance shall be admissible.
(5) The Customer must inform the Supplier in writing of any special risks, atypical damage possibilities and unusual amounts of damage present at the Client.
Warranty, material defects
(1) Unless explicitly agreed otherwise in individual cases, warranty claims (Gewährleistungsansprüche) shall become time-barred after one (1) year beginning with the delivery of the product to the Customer or, if applicable, with acceptance. This period shall not apply to claims for damages by the Customer arising from injury to life, body or health, or from intentional or grossly negligent breaches of duty by the Supplier or his vicarious agents, which shall be time-barred in accordance with the statutory provisions. Furthermore, special legal provisions on third party´s claim for return in rem, on claims in case of malice on the part of the Supplier and on claims of recourse against the Supplier in case of final supply to a consumer shall remain unaffected hereby.
(2) Customer shall examine the delivered products immediately after delivery of the products to the Customer or to a third person appointed by the Customer. With regard to obvious defects or other defects, which would have been detected during an immediate and careful examination, the products shall be deemed as accepted by the Customer, if the Supplier does not receive a written defect complaint within seven (7) days after delivery of the products. Regarding other defects, the products shall be deemed as accepted by the Customer, if the Supplier does not receive a defect complaint within seven (7) days after first detection of the defect; if the defect could have been noticed by the Customer already at an earlier date, this earlier date shall be decisive for the commencement of the complaint period. In case of a justified defect complaint, the Supplier shall bear the costs for the cheapest means of reshipment; in all other cases, the costs shall be borne by the Customer, unless Customer was not able to detect the non-defectiveness. In case of acceptance or deemed acceptance warranty claims are forfeited (verwirkt).
(3) In case of defects to the delivered products, the Supplier is, at its own discretion, entitled to repair or to replace the defective product.
(4) In the event that the defect of the delivered product is a defective component which is produced by another manufacturer and cannot be removed or repaired by the Supplier due to licensing or factual reasons, the Supplier shall, at its own discretion, claim warranty rights (Gewährleistungsansprüche) against the manufacturer of the component and/or its suppliers for the account of the Customer, or assign those rights to the Customer directly. In the aforementioned case of defects to the components of other manufacturers, warranty claims (Gewährleistungsansprüche) against the Supplier arise in accordance with these GTCoD only and only if the legal assertion of the above mentioned claims against the manufacturer and/or supplier was unsuccessful or unpromising (for example due to insolvency of manufacturer and/or supplier).
(5) Any warranty claims (Gewährleistungsansprüche) shall be excluded if the Customer or a third party modifies the delivered product without the Supplier´s consent and the repair or removal of such defect becomes impossible or unreasonably complicated due to the modification. The Customer shall bear additional costs of repair or removal of the defect arising because of the modification.
(6) In case of an unjustified defect complaint, the Customer shall compensate the Supplier for expenses incurred for examination and – if requested – for the removal of the defect.
Intellectual property rights
(1) All intellectual property rights of Supplier regarding its catalogues, technical documentations (for example drawings, plans and calculations) and other product descriptions and documents which are provided to the Customer, remain with the Supplier.
(2) Each party shall notify the other party immediately in writing, if a third party asserts any claims based on infringement of third party intellectual property rights, including but not limited to patents, trademarks, designs, copyrights (“Third Party IPR”).
(3) In the event that the delivered product violates Third Party IPR , the Supplier shall, at its discretion and expense, obtain a corresponding license for the delivered product or modify or replace the delivered product in a way which ensures that the Third Party IPR are no longer violated and that the delivered product still complies with the contractually agreed purpose. If the Supplier fails to resolve such violation of Third Party IPR within a reasonable period of time, the Customer may withdraw from the corresponding agreement or reduce the purchase price accordingly. Possible claims for damages of the Customer are subject to the limitations of Section 8.
(4) In the event that the infringement Third Party IPR results from delivered products which were produced at least partially by other manufacturers, the Supplier shall, at its discretion, assert the claims against those manufacturers and/or suppliers for the account of the Customer or assign its claims to the Customer directly. In case of the aforementioned infringements of Third Party IPR, claims against the Supplier under section 7 arise only and only if the legal assertion of the above mentioned claims against the manufacturer and supplier was unsuccessful or unpromising (for example due to insolvency of manufacturer and/or supplier).
Limitation of liability
(1) The Supplier shall be liable without limitation for damages resulting from intentional or grossly negligent breaches of contract, fraudulent intent or the Product Liability Act, and for personal injury and warranted/guaranteed characteristics. In all other respects, the liability of the Supplier is excluded or limited in accordance with the following provisions.
(2) The Supplier shall also be liable for damages of any kind resulting from slightly negligent breaches of material contractual obligations – i.e. obligations whose breach would frustrate or endanger the achievement of the contractual purpose or the contractual use of the performance – but only to the extent that such damages are typical for the contract and foreseeable by the Supplier. For damages due to slight negligence, the obligation to pay compensation is limited to the appropriate maximum amount of EUR 50,000.00.
(3) The above liability provisions shall also apply to tortious claims and to the fault of vicarious agents and legal representatives. For vicarious agents who are not executive employees, the Supplier shall only be liable in case of intent, for executive employees only in case of intent or gross negligence.
Retention of title
(1) The Supplier retains title to the delivered products until all present and future claims of the Supplier under the respective purchase agreement and during a current business relationship including all balances receivables from current account (Saldoforderungen aus Kontokorrent) (“Secured Claims”) are paid in full by the Customer.
(2) Customer is entitled to resell the products under retention of title to third parties in the ordinary course of business. The products under retention of title must neither be pledged to third parties nor assigned by way of security until complete payment of the Secured Claims. The Customer shall notify the Supplier immediately if the products become subject to rights of third parties.
(3) In the event of resale of the products under retention of title, the Customer hereby assigns to the Supplier by way of security the resulting claim against the purchaser. The same shall apply to claims substituting the claims against the purchaser (for example insurance claims or claims from unauthorised action in the event of loss or destruction). Supplier hereby accepts this assignment. The Supplier revocably authorises the Customer to directly debit the claims assigned to the Supplier in its own name and own account. The Supplier’s right to collect these claims shall not be affected by this; however, Supplier shall not assert the claims itself and shall not revoke the direct debit authorization as long as the Customer duly meets its payment obligations.
(4) The Supplier may withdraw from a purchase agreement if the Customer is in breach of its contractual obligations, in particular does not pay the due purchase price, and Supplier has requested Customer to duly perform its obligations in reasonable time. The mere demand to return the products under retention of title does not constitute an automatic withdrawal from the agreement, the Supplier must rather explicitly declare the withdrawal. In case the Supplier merely demands to return the products under retention of title, the right to withdrawal shall remain unaffected.
(1) “Confidential Information” means any information obtained or received in the course of the business relationship or any agreement or by a party with respect to the delivered or offered products and services, distribution channels, customers, business processes, price list or financial information distributed by the other party, as well as any other information, in particular personal data, that has been marked as confidential by the party to which it relates. The same applies to information from third parties which is disclosed to the other party at the instigation of one party, insofar as the party which discloses the information has assumed an obligation to treat it confidentially and has notified the other party accordingly.
(2) The following information shall not be deemed to be Confidential Information: (a) information that was already known to the receiving party at the time of receipt as a result of the cooperation, (b) information that has been or is publicly disclosed without any breach on the part of the receiving party of these GTCoD, (c) information that was developed by the receiving party independently of the other party and without any direct or indirect use of the confidential information, (d) information that was disclosed to the receiving party by a third party without any infringement of a confidentiality clause, (e) information the non-confidential nature of which has been confirmed by the party to which it relates in writing, and (f) information that is required to be disclosed or published on the basis of an enforceable order of a German court or authority, subject to the receiving party being obliged to provide the other party with immediate written notification of this official instruction.
(3) The parties undertake to treat in strict confidence the Confidential Information of the other party including its embodiment, to protect such information from disclosure to third parties. The parties shall treat the Confidential Information as its own trade secrets.
(4) The parties shall use the Confidential Information to the extent necessary for the purpose of these GTCoD, any agreement or business relationship. The parties shall not use the Confidential Information for other purposes, in particular, the parties shall not (i) transform, analyse, reconstruct (reverse-engineer), copy or otherwise modify, (ii) exploit commercially, directly or indirectly, in any form whatsoever, or (iii) apply for an intellectual property right whose subject matter is based in whole or in part on or derived from the Confidential Information.
(5) The parties may disclose the Confidential Information to employees or agents if and to the extent that they require the Confidential Information in connection with the business relationship, any agreement or offer between the parties (for example to internally align on quantity/quality of delivery of products/rendered services, or for review of orders/invoices/delivered products/rendered services). This shall apply accordingly to the disclosure of Confidential Information to other third parties.
(6) The parties shall ensure that their own personnel, complies with the provisions of this section 10.
(1) These GTCoD, business relationships and any agreement concluded between the Supplier and its Customers shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to the conflict of laws principles. The Vienna Convention on the International Sale of Goods (CISG) shall not be applicable.
(2) Place of jurisdiction for any dispute, controversy or claim arising out of or in relation to these GTCoD shall be Frankfurt am Main.
(3) Insofar as these GTCoD contain loopholes, those legally effective regulations shall be deemed agreed to fill these loopholes which the contracting parties would have agreed to in accordance with the economic objectives of the contract and the purpose of these GTCoD if they had been aware of the loophole.
General terms and conditions for consumers (T&Cs)
The following terms and conditions apply to contracts concluded online within the meaning of § 13 German Civil Code (BGB) via www.shop.loewe.tv between Loewe Technology GmbH, hereinafter referred to as "Loewe", and consumers.
§ 1 Scope, definitions
(1) For the business relationship between Loewe and customers who are consumers, the version of the following general terms and conditions that was valid at the time the order was placed shall apply exclusively. Deviating terms and conditions of the customer shall not be recognised, unless Loewe expressly agrees to their validity in writing.
(2) Customers are deemed to be consumers if the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. By contrast, entrepreneurs are any natural or legal persons or private companies who, by concluding the contract, are conducting their commercial or independent professional activity.
(3) Customers who wish to conclude contracts with Loewe for commercial purposes, in particular commercial resale (as entrepreneurs within the meaning of § 14 BGB), are referred to our offers for specialist dealers. These are subject to separate terms and conditions.
(4) Where orders for the purpose of commercial resale are made via the portal that is intended for consumers, Loewe reserves the right to withdraw from the contract and to assert further claims.
§ 2 Conclusion of contract
(1) You can select the products from the Loewe product range that are specified in § 3 and place these in your shopping basket via the "Add to shopping basket" button. By clicking on the "Place order" button, you will submit a binding request for the purchase of the goods in the shopping basket. You can change and view the data at any time before submitting the order. Before you can submit the order you must accept these terms and conditions, including the relevant data protection regulations, by clicking on "Accept terms and conditions".
(2) Loewe will send you an automatic order acknowledgement by e-mail, in which your order is listed in full and which can be printed out via the "Print" function. This automatic e-mail serves as proof that your order has been received by Loewe. However, the contract will only come into effect when a declaration of acceptance is issued by Loewe, which is sent via a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, and at the latest when the goods are delivered, Loewe will send the contract text (consisting of the order, terms and conditions and order confirmation) via a permanent data carrier (e-mail or printout).
(3) The contract is concluded in German on the basis of the German language version of these terms and conditions. Translations into other languages are not considered to be legally binding. If translations are provided, these are only intended to facilitate understanding.
§ 3 Prices for chargeable products and software
(1) All Loewe price offers are non-binding, unless explicitly stated otherwise. The material properties and colours displayed in the product presentations and descriptions in the web shop may differ slightly from the products' actual properties.
(2) Within the meaning of this contract, products are all goods (including software) that are displayed in the web shop. Within the meaning of this contract, software refers exclusively to the software, (including apps), program libraries, utilities, tools or other computer or program code in object (binary) or source form that Loewe delivers directly, as well as the related documentation. Where no separate licence terms apply, Loewe grants a non-exclusive, non-transferable, non-sublicensable right to use the respective software. For third-party software, the licensing provisions of the manufacturers or licensors apply exclusively. Where possible, you will be informed about the respective licensing conditions and will be given the opportunity to accept them.
(3) When registering products purchased from us, please provide the following information: product details, serial number, date of purchase and dealer. A legally binding guarantee will only be issued if this information corresponds to your purchase receipt.
(4) If you receive additional third-party services (internet radio), only the MAC address that you provide will be sent to the provider.
(5) We use the data entered by you in our Customer Care database with your consent for the purpose of quality control and/or to make online services available to you.
§ 4 Material defects, Loewe service partners, other services and guarantees by Loewe related to online shipping
(1) Loewe is liable for material defects in accordance with the applicable legal provisions, in particular §§ 434 et seq. BGB.
(2) Services within the meaning of this agreement are all services provided for Loewe by Loewe partners in online trading as described in § 11. Loewe partners within the meaning of this contract are exclusively retailers, trading partners and technical service partners that are approved by Loewe and are authorised to provide services on behalf of Loewe. When shopping online, you will be given the opportunity to choose your own Loewe partner in your area, which will fulfil your warranty and guarantee claims as well as deliveries on behalf of Loewe. The performance of services and deliveries by the selected Loewe partner exempts Loewe from its own performance obligations.
(3) Loewe is only obligated to honour guarantees to the extent described in the Loewe order confirmation or similar information provided by Loewe. Loewe hereby reserves the right to continually develop products and services and consequently to change the subject matter of the contract at any time, provided that at least the equivalent functionality and performance is ensured. However, after the order confirmation is issued, Loewe will only implement significant changes in consultation with the customer.
(4) The European Commission provides a platform for online dispute resolution (ODR). The platform can be found at http://ec.europa.eu/consumers/odr/. Enquiries can also be directed to email@example.com.
§ 5 Delivery times, (partial deliveries, availability and specialised trade deliveries)
(1) Delivery times specified by Loewe are calculated from the date of the order confirmation for prepaid orders. Unless a delivery time for the respective goods is specified in the Loewe online shop, the delivery time is generally 14 days. Loewe is entitled to dispatch partial deliveries; this applies in particular to larger orders with multiple delivery times.
(2) In order to ensure high quality standards and the availability of technically experienced customer service staff, Loewe reserves the right to arrange delivery of its own products or certain other selected products exclusively by means of a specialist dealer. Loewe will only deliver to consumers who have their usual place of residence (invoice address) in one of the following countries and can specify a delivery address in the same country: Germany.
(3) If a specific product group is supplied exclusively via a specialist dealer, we will pass on the order information and your contact preferences to the latter for the purpose of arranging a delivery date. (Specialist courier) The specialist courier is only required to make two attempts at delivery. If you are responsible for the failure of both delivery attempts, Loewe will be released from its obligation to perform delivery. Loewe may also charge you for any associated costs, in particular storage costs.
(4) If the product mentioned in your order is either temporarily or permanently unavailable, Loewe will notify you as soon as possible by e-mail. In the case of a delivery delay of more than two weeks beyond the indicated delivery time, you have the right to withdraw from the contract. This does not affect your statutory right to cancellation. If the product is not permanently available, Loewe will not confirm the order and no contract will be concluded in this case. Any payments already made will be reimbursed.
§ 6 Freight damages, returns, delays in delivery
(1) We ask you to check shipments for missing, incorrect or damaged products and/or packaging as far as possible and to record these on the freight letter before signing. The goods must be returned in suitable packaging that prevents damage during transportation. Loewe recommends using the original packaging to return goods. Should you require assistance, please contact your dealer or our customer service.
(2) Delays in delivery are only established by Loewe upon receipt of a written reminder. On request, you must declare in writing within a reasonable period of time whether you wish to continue to insist on delivery or to exercise your statutory rights due to the delay in delivery. Withdrawal from the contract due to the delay in delivery is only possible within the scope of the statutory provisions concerning delays in delivery.
§ 7 Retention of title
(1) The delivered goods remain the property of Loewe until full payment has been received. Ownership of the delivered products is only transferred to you upon full payment of the purchase price.
§ 8 Prices, vouchers, shipping costs and return costs in the case of cancellation
(1) All prices stated on the Loewe website include statutory VAT.
(2) Vouchers are non-purchasable price reductions that are issued by Loewe within the context of advertising campaigns. They can only be redeemed once. They may not be valid for all payment methods and may include a time limit for redemption. Compensation for lost value is excluded; this also applies in the case of cancellation or guarantee/warranty claims. No claim for reimbursement or reactivation of the voucher exists in the case of a return of the purchased item. In addition, vouchers are subject to separate terms, which are communicated via the advertising campaign.
(3) Shipping costs are stated on the order form and must be accepted unless the order is cancelled. The goods are shipped by a shipping partner that is indicated or selected in the Loewe shop. Loewe shall bear the transport risk, provided that the recipient is a consumer.
(4) In the case of cancellation, you shall bear the direct costs of the return (see "Cancellation policy"). The costs of the return usually correspond to the shipping costs, unless otherwise stated in the order confirmation.
§ 9 Payment terms and data protection
(1) You can only make payments for orders placed in the online shop using the accepted payment methods. The accepted payment methods are indicated in the online shop. Loewe assumes that you agree to receive invoices and credit notes exclusively in electronic form. You can change the preferred payment method stored in your user account at any time.
(2) Unless otherwise agreed, payments must be made in advance. If you choose a credit card or bank account (direct debit) as the payment method, your credit card account will be debited upon placement of the order. If you choose to pay by direct debit, by supplying your bank account details you authorise us to transfer the invoice amount from the nominated account. Your bank account will be debited within five working days of receipt of the initial SEPA direct debit mandate, and within two working days of receipt of each subsequent mandate. If the direct debit cannot be completed for reasons for which you are responsible, such as insufficient authorisation or the submission of incorrect bank account information, or if you cancel the purchase without being entitled to do so, you shall bear the cost of any repayment charges levied by the respective credit institution.
(3) Payment of the purchase price is due immediately upon conclusion of the contract (dispatch of the order confirmation). If the payment is due by a specific calendar date, you will be in default of payment unless the payment is received on or before this date.
(4) In the event of a default in payment, Loewe reserves the right to withhold deliveries and/or services pending receipt of full payment, and to demand statutory interest on arrears and damages due to the default. Your obligation to pay interest on arrears does not preclude Loewe from asserting further claims for damages as a result of the late payment.
(5) Depending on the payment method you have selected, your payment data will be transmitted to the respective payment service provider. The responsibility for your payment data is borne by the payment service provider specified in the instructions provided for the respective payment method. The processing of the payment is subject to the agreements you have concluded with your bank or credit institution.
§ 10 Material defect warranty, separate agreements on services and software
(1) Loewe provides services via commissioned partners (see §4). All agreed response times are only estimates and may vary in individual cases (e.g. if the equipment is in a location that is difficult to reach or if there is insufficient availability of parts).
(2) If you conclude separate agreements with the partners, they shall take precedence over these T&Cs. In principle, unless otherwise stated, the following shall be deemed to have been agreed upon:
Response times apply exclusively to spare parts and other parts essential to the functionality of the product (e.g., cables, hard drives, safety-related parts, operating systems).
Services can be provided by telephone or via online services, except for social media services or chat functions that are not offered via the website www.loewe.tv.
Where a defect is remedied by means of a replacement delivery, you are obliged to return the replaced items upon receipt.
(3) Unless otherwise agreed, the services do not include the following:
– configuration and calibration work that is not due to a defect or is preventive maintenance work or work that is not required for repair;
– work outside of normal business hours or at a different place of delivery to the place agreed upon;
– replacement of wearing parts (including mobile data carriers);
– installations within the customer's electrical systems;
– maintenance, transfer or updating of software or data;
§ 11 Liability
(1) Claims for damages are excluded unless they are based on damage to health, life and limb resulting from a breach of essential contractual obligations (cardinal obligations). The same applies to liability for other damages resulting from an intentional or grossly negligent breach of duty on the part of Loewe, its legal representatives or vicarious agents. Significant contractual obligations are those obligations whose fulfilment is necessary for achievement of the contractual purpose.
(2) In the event of a breach of essential contractual obligations, Loewe shall only be liable for foreseeable damages that are typical for the contract if the breach is due to ordinary negligence, unless the claim is the result of damage to health, life and limb.
(3) Loewe shall be liable for ordinary negligence only in the case of damages that are due to a breach of essential contractual obligations which jeopardize the achievement of the contractual purpose, or to a breach of obligations upon which the proper performance of the contract depends. The liability for ordinary negligence is limited to foreseeable damages that are typical for the contract. This applies to all claims for damages, irrespective of their legal basis, and in particular to claims for tort. The liability in such cases shall be limited to EUR 500,000 per claim.
(4) The restrictions explained in the above paragraphs 1, 2 and 3 also apply to the benefit of the legal representatives and employees of Loewe, as well as partners and other fulfilment agents commissioned by Loewe in the event that claims are directly asserted against them.
(5) The provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected. Claims based on defects that are covered by a guarantee for the quality of a product, claims for fraudulently concealed defects and for damages to health, life and limb, as well as claims arising from negligence in the case of contractual negotiations that have already arisen at the time of the inclusion of these conditions, shall remain unaffected.
§ 12 Right of cancellation, cancellation policy
1) For online purchases, you have a legal right of cancellation under distance-selling regulations. In this context Loewe hereby provides the following information in line with statutory requirements. Exceptions to the right of cancellation are stipulated in paragraph (2). In paragraph (3) you will find information about the cancellation policy and a sample cancellation form.
(2) The right of cancellation does NOT apply to contracts:
– for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery. The right of cancellation only exists if the seal of the packaging has not been removed;
– for the supply of goods which are not prefabricated and whose manufacture is subject to an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer,
– where the consumer has expressly requested a visit by the operator in order to carry out urgent repairs or maintenance; this does not apply with regard to other services performed during the visit which the consumer has not expressly requested, or with regard to goods delivered during the visit which are not necessarily required as spare parts for maintenance or repair.
(3) In accordance with the legal regulations, Loewe hereby provides the following information about your right of cancellation:
Right to cancellation
You have the right to cancel this contract within a period of fourteen days without providing reasons.
The cancellation period is fourteen days from the date on which you or a third party designated by you takes possession of the goods.
In order to exercise your right of cancellation, you must inform Loewe of your decision to cancel this contract by means of a clear statement (e.g. via a posted letter, fax or e-mail). For this purpose you can use the enclosed sample cancellation form, however this is optional.
The deadline for cancellation will be met as long as you send the notification of your decision to exercise your right of cancellation before the end of the cancellation period.
Consequences of cancellation
Should you cancel this contract, we will reimburse all payments that we have received from you, including the cost of delivery (except for any additional costs resulting from the fact that you have chosen a different type of delivery than the standard delivery service offered by us) without delay and at the latest within fourteen days from the date on which your notice of cancellation was received by us. For this reimbursement we will use the same payment method that you used for the original transaction, unless we have expressly agreed otherwise with you. In no case will you be charged for this reimbursement.
We may refuse the reimbursement until we have recovered the goods or until you have proved that you have returned the goods, whichever occurs sooner.
You must return the goods to us immediately, or in any case no later than fourteen days from the date on which you inform us of your wish to cancel this contract. The deadline shall be met as long as you dispatch the goods within the 14-day period.
You shall bear the immediate cost of returning the goods.
You shall only be liable for any loss of value of the goods if this loss in value is due to excessive handling by you that goes beyond the extent necessary to verify their quality, features and proper functioning.
Contracts for services
If you have requested that the service commence during the cancellation period, you will be required to pay us a sum corresponding to the proportion of the services already provided by us (with respect to the total scope of the contractual services to be provided) before you exercised your right of cancellation.
END OF CANCELLATION POLICY
(4) Our cancellation form can be found at the end of these T&Cs.
§ 13 Final provisions
(1) Contracts concluded between Loewe and consumers are governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular the state in which the customer is ordinarily resident as a consumer, remain unaffected.
(2) If the customer is a businessperson, a legal entity under public law or a special fund under public law, the court of jurisdiction for all disputes arising from the contractual relationship between the businessperson and Loewe shall be the location of the registered office of Loewe.
(3) Should individual provisions of this contract be or become legally invalid, the remaining provisions shall remain binding. Where possible, the ineffective provisions shall be replaced by the statutory regulations. However, where this would represent an unreasonable hardship for either contractual party, the contract shall become ineffective in its entirety.
Loewe Technology GmbH, Industriestraße 11, 96317 Kronach
Executive Management: Aslan Khabliev
Sitz der Gesellschaft: Kronach
Amtsgericht Frankfurt am Main: HRB 117013
Steuer-Nr. 228/19715673 2
NOTES on privacy
Please note that Loewe will store your data relating to the contractual relationship in accordance with § 28 German Federal Data Protection Act (Bundesdatenschutzgesetz) for the purpose of data processing. Loewe reserves the right to transfer this data to third parties (e.g. payment service providers and shipping companies) to the extent necessary for fulfilment of the contract.