The following conditions apply to contracts concluded online between consumers as defined in § 13 BGB and Loewe.
§ 1 Scope of application
The GTC shall be applicable to the contract in the version relevant at the time of the conclusion of the contract.
The online shop may not be used for commercial transactions.
§ 2 Conclusion of contract
After placing products into the shopping cart, the customer submits a binding offer by pressing the button "order for payment". A binding contract is concluded through sending the contract confirmation by Loewe by e-mail.
§ 3 Offers of products and software
Any product presentations by Loewe in the shop are non-binding. Material, presumption and colors may differ slightly from the product´s actual properties.
For obvious and essential errors in the product description, mistakenly made by LOEWE (for example, input error in pricing), LOEWE can withdraw from the contract. LOEWE will immediately notify the customer of such a fault after discovery. Any already paid purchase price will be refunded immediately.
Purchased software, whether from Loewe or a third party, may only be used for private purposes. During the installation, a license agreement is concluded, which the customer needs to accept. Without approval, a successful installation may not be possible or unlawful.
The purchase contract remains effective nonetheless.
Any guarantee given by Loewe will be legally binding only, if the customer transmits the requested data to Loewe and the data agrees with the documents from the purchase contract.
§ 4 Warranty, warranty, service
Loewe shall be liable for material defects in accordance with statutory provisions.
Service and / or services may be carried out through the Loewe dealer selected at the time of submitting the offer, alternatively through the nearest equally qualified dealer. This applies particularly for claims arising from warranty and / or guarantee. The services of such a dealer will discharge any customer´s warranty claims against Loewe .
Guarantees require registration according to § 3. The warranty period is 2 years.
Technical commitments do not apply in absolute terms, Loewe reserves the right to develop the offered products and to incorporate them into the ongoing production. However, an equivalent functionality and performance of the purchased product is guaranteed.
§ 5 Delivery times, specialist delivery, availability, delivery delay
Delivery times specified by Loewe are calculated upon receipt of the order confirmation. If no delivery time is specified, it is 14 days generally. Loewe is entitled to send partial deliveries.
If a delivery is agreed or necessary by a specialist dealer, Loewe will pass the necessary data to the respective dealer. After the failure of two delivery attempts agreed upon whichever the customer may be blamed for, Loewe shall have the right to withdraw from the contract at the expense of the customer.
If a product is not available within the usual delivery period, Loewe shall notify the customer immediately. If the usual delivery period according to paragraph 1 is exceeded by Loewe by more than 4 weeks, this is automatically considered a delay of delivery by Loewe. The customer has the right of cancellation and all other legal rights. In particular, payments already sent by the customer will be refunded.
Should a return product be necessary for any reason, either the original packaging or equivalent packaging must be used.
§ 7 Reservation of title
The delivered goods remain the property of Loewe until paid completely.
§ 8 Prices, shipping charges, return costs
All prices in the online shop include VAT. Shipping costs do not apply to the customer.
In the event of a revocation, the customer shall bear any return costs. Loewe shall bear these costs in the event of the assertion of justified defects or the like.
§ 9 Payment modalities and data protection
Payments will only be accepted in the variants provided in the shop. When paying by credit card, the card will be charged with completion of the order. If PayPal is selected, the relevant amount is immediately debited. If a bank transfer is selected, the transfer of the relevant data is deemed to be an authorization in favor of Loewe. The withdrawal occurs within a few banking days.
Any costs resulting from an account not covered or the wrong account data or the like are to be borne by the customer.
Purchase prices are generally due immediately upon conclusion of the contract.
Loewe shall have the statutory rights in the event of a delay in payment by the customer.
The data transmitted by the customer for the execution of payments are subject to the responsibility of the respective payment service providers under the law of data protection.
§ 10 Settlement of warranty claims, provision of services.
Loewe provides warranty claims and / or service services by commissioned partners (see § 4). These work according to Loewe's internal guidelines in terms of time and content. The customer's own agreements with the service provider are not subject of this contract.
Defective and replaced parts must be handed over to the service provider.
Configuration and calibration work, which is not based on a defect or preventive maintenance work, is subject to a charge and must be agreed directly with the service provider. The same applies to individual installation solutions, cabling on site etc.
There is no obligation to dismantle any structural measures carried out at the client's request for the building substance.
§ 11 Liability
Claims for compensations shall be excluded, unless such claims result from the violation of life, the health of the customer, or from the violation of essential contractual obligations, if the latter are intentional or grossly negligent. The above also applies to vicarious agents.
Regulations of the Product Liability Act remain unaffected.
§ 12 Revocation and revocation instruction
The customer as a consumer has a legal right of revocation at the conclusion of a distance sales transaction (online business). Loewe informs about this in the following. The exceptions to this right of revocation are regulated in paragraph 2, in paragraph 3 the revocation instruction and a sample for a revocation form are given.
The right of revocation does not apply to contracts:
- For the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery
- 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.
- in which the consumer has specifically requested the trader to visit him, carrying out urgent repairs or maintenance: this does not apply with respect to further work performed during the visit which the consumer has not explicitly requested, or in respect of such during the visit delivered goods , which are not necessarily required as a spare part for maintenance or repair.
There is no obligation to dismantle any structural measures carried out at the client's request for the building structure.
Loewe informs about the right of withdrawal according to the legal regulations as follows:
You have the right to revoke this contract within 14 days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate -who is not a carrier- is or has possessed the goods.
In order to exercise your right of revocation, you must notify Loewe of its decision to revoke this agreement by means of a clear statement (eg a letter, fax or e-mail sent by mail). You can use the enclosed sample revocation form, but this is not compulsory.
In order to keep the revocation period, it is sufficient to dispatch the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will repay you all funds we have received including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the standard delivery offered (by us)).
Funds shall be returned immediately and at the latest within fourteen days since the date on which the notification of the revocation of this contract has been received by us. For such repayment, we will use the same means of payment as you have used in the original transaction, unless you have expressly agreed otherwise; in no case repayment fees will be charged
We may refuse repayment until we have received the returned goods or until you have proved you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date since you informed us of the revocation of this contract. The deadline is met when you dispatch the goods before the end of the deadline.
You will bear the immediate cost of returning the goods. You bear also the direct costs of returning goods which are unsuitable for a return shipment by post (goods delivered by transport agency). Such costs are estimated at around a maximum of 60,00 pounds
You shall only be liable for any loss in value of the goods if this loss of value is chargeable to the improper use of the goods, concerning the quality, characteristics and functioning.
Concerning contracts on services
If you have requested the service be executed during the period of revocation, you shall pay us a reasonable amount which compares the proportion of services already rendered by the time you informed us of the exercise of the right of revocation to the total scope of the services provided for in the contract.
End of revocation
Our revocation form can be found at the end of the GTC.
§ 13 Final Provisions
The contract shall be governed by the laws of the Federal Republic of Germany, excluding the rules on the international sale of goods (CISG).
The statutory jurisdiction shall apply.
The European Commission is providing a platform for online dispute settlement (OS). This platform can be found at http: //ec.europa/eu/consumers/odr/.
LOEWE is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity
The contract shall remain binding in the remaining parts of the contract, even if individual points are legally invalid. Instead of the invalid points, the statutory regulations occur, if available. If this would be an unacceptable hardship for a contractual partner, the contract becomes ineffective in its entirety.
Loewe Technologies GmbH, Amtsgericht Coburg, HRB 5443, Industriestrasse 11, 96317Kronach, Federal Republic of Germany
Managing Director: Mark Hüsges, Dr. Boris Levin, Michael Pedersen