of Loewe Technology GmbH, Industriestraße 11, 96317 Kronach – Status: May 2022

 

 

§ 1 Scope of application

The following General Terms and Conditions ("GTC") of Loewe Technology GmbH ("Loewe") apply to all contracts concluded in the Loewe online shop on the website www.loewe.de between consumers ("Customer") and Loewe for the goods offered there.

A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

The GTC shall apply to the contract in the version relevant at the time of the conclusion of the transaction.

The online shop may not be used for commercial business. By placing an order, the customer declares to act exclusively for private purposes.

The online shop may only be used by consumers who are at least 18 years old. Orders in the online shop are only placed to Germany. Unfortunately, it is not possible to order abroad.

§ 2 Conclusion of contract

Contracts in the Loewe Online Shop can only be concluded in German. 

The products and product descriptions presented in Loewe's online shop do not constitute binding offers on the part of Loewe, but are intended for the submission of a binding offer by the customer. Material appearance and colours may differ from reality.

In the event of obvious and material errors in the product description which were made in error by Loewe (e.g. input errors in the price information), Loewe reserves the right to withdraw from the contract or to contest it in accordance with the statutory provisions. Loewe shall inform the customer of such a defect immediately upon discovery and immediately refund any purchase price already paid.

After placing products in the shopping cart, the customer makes a binding offer to Loewe by pressing the "Order subject to payment" button. A binding contract shall be concluded when Loewe sends and receives the order confirmation by email.

Loewe provides information on any delivery times on the respective product detail page as well as before the order is placed and in the order confirmation. If no delivery time is specified, it is usually fourteen days. Loewe shall be entitled to make partial deliveries.

Loewe reserves the right to refuse an order or to cancel an order if the order was generated by software, a machine, a crawler, a spider or by other automatic web programs or scripted behaviour systems or by using third party services that were used to place the order on your behalf.

§ 3 Delivery times, availability, delay in delivery

The individual delivery times can be found in the order process or the respective order confirmation.

If a product is not available within the usual or stated delivery time, Loewe shall inform the customer immediately. Should the usual delivery time on the part of Loewe be exceeded by more than 4 weeks, the customer shall be entitled to withdraw from the contract free of charge. The further statutory rights to delay in delivery and withdrawal shall remain unaffected. In particular, payments already made by the customer will be refunded.

§ 4 Retention of title

The delivered goods shall remain the sole property of Loewe until payment has been made in full by the customer.

§ 5 Prices, shipping costs, return costs

All prices in the online shop include the statutory value added tax. Shipping costs are only incurred by the customer insofar as these are displayed separately in the ordering process.

In the event of a revocation (see more details under § 10 of the GTC), the customer shall bear any return costs. Loewe shall bear these costs if a justified defect or similar is asserted.

The customer has a legal right to withdraw from the purchase contract without giving any reason within fourteen (14) days after receipt of the product ordered on the WEBSITE.

The satisfaction guarantee offered by Loewe allows the customer to withdraw from the purchase contract within thirty (30) days of receipt of the product without giving any reason. Loewe's right to claim damages shall not be limited by this clause.

If an order includes several products to be delivered separately, the withdrawal period for all products of this order begins on the day of receipt of the last product.

Should a purchased product be returned to Loewe as part of the revocation and/or be necessary or for any other reason, the original packaging shall be used.

 

§ 6 Promotion vouchers and their redemption

Promotional vouchers are vouchers that cannot be purchased but that Loewe issues as part of advertising campaigns and/or certain promotions with a specific period of validity. These are governed by the respective individual provisions of the promotional voucher, otherwise the following applies in addition:

Promotion vouchers are only redeemable during the specified period and only once as part of an order process. Individual products may be excluded from the voucher promotion. Promotion vouchers cannot be used for the purchase of gift vouchers. Promotional vouchers may be subject to a minimum order value or other conditions.

In any case, the value of the goods must always be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher will not be refunded if goods are returned in whole or in part.

Promotion vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined unless Loewe has agreed otherwise.
Should the customer have used a promotional voucher when purchasing, Loewe reserves the right to charge the original price of the goods kept by the customer if – due to the revocation – the total value of the order falls below or equals the respective value of the promotional voucher.

§ 7 Payment modalities

Payments can only be accepted in the variants provided and offered in the online shop. For each order, Loewe reserves the right not to offer certain payment methods and to refer to other payment methods. As a precaution, Loewe points out that payments are only accepted from accounts within the European Union (EU). Any costs of a money transaction shall be borne by the client. If payment is made by credit card, this shall be charged upon completion of the order. If direct debit is offered and selected as the method of payment, the provision of the corresponding data shall be deemed authorisation in favour of Loewe. Collection takes place within a few banking days. If PayPal or Klarna is offered and selected as the payment method, the sum in question will be debited immediately. In the case of purchase on account, the customer will be informed of the due date of the purchase price on the order overview page before the contract is concluded. The customer agrees to receive invoices and credit notes exclusively in electronic form. Purchase prices are generally due immediately upon conclusion of the contract.

Any costs due to a shortage of funds in the account used or incorrect account data or similar shall be borne by the customer.

In the event of default in payment by the customer, Loewe shall be entitled to the statutory rights.

The data transmitted by the customer for the execution of payments are subject to the data protection responsibility and data protection instructions of the respective payment service providers.

Here you will find further information on Klarna and the Klarna App.

 

§ 7.1 Cancellation of your order

Should any of the following scenarios occur, Loewe may cancel your order and refund your payment:
 

• You do not fulfil the purchase conditions of our GTC;
• Loewe does not receive authorisation for your payment from your chosen payment provider;
• You wish to ship to a country outside the territory of the Federal Republic of Germany;
• Products shown on the Website contain a manifest error, such as an incorrect price quote or other incorrect description;
• Other special circumstances warranting cancellation of the order, including but not limited to, misuse of a discount code and/or suspected fraud.

§ 8 Settlement of warranty claims, warranty, provision of services

The customer shall be entitled to the statutory rights in respect of defects. Warranty claims and/or services are provided by Loewe itself or by service partners commissioned by Loewe. They work according to Loewe's internal guidelines in terms of time and content. Services rendered by such a commissioned third party or service provider shall have the effect of discharging Loewe from liability.

The warranty for material defects is generally 2 years from the date of purchase, whereby after 12 months any defect that may have already existed initially must be proven by the customer.

Any warranty granted by Loewe shall only be legally binding if the respective product is covered by a warranty by Loewe in accordance with the Loewe warranty conditions for the respective product. The statutory warranty remains unaffected.

Technical promises do not apply absolutely; Loewe reserves the right to further develop products offered and to incorporate this into current production.

Defective and replaced parts must be returned to Loewe and/or the commissioned partner.

Configuration and calibration work that is not based on a material defect or preventive maintenance work is subject to a charge and shall be agreed directly with the service provider. The same applies to individual installation solutions, on-site cabling, etc.

 

§ 9 Returns and refunds

In order to return an item (within the scope of the right of revocation or due to a defect within the scope of the statutory warranty or a warranty issued by Loewe), Loewe must be informed in advance of the planned return; the following options are available to the customer for this purpose:

1) Notification of the wish to return by using the email address of the order confirmation ihrebestellung@loewe.de

2) Filling out a return form provided by Loewe in the footer on Loewe's website (www.loewe.de). 

3) Contact by mail our logistics partner Deltatecc GmbH, c/o Loewe, Am Roßberg 11, 66740 Saarlouis, Germany

or by phone at: 06838-57999-90.

Should it be necessary to return a purchased product to Loewe – after prior inspection by Loewe or an authorised partner – for any reason whatsoever, only the return document received and provided by Loewe or an authorised partner after notification of the return request or the return documents provided shall be used. It is essential to use the original packaging for the return shipment in order to avoid transport damage.

We shall automatically arrange for any refunds to be made to the account you used for payment. In the case of payment by invoice and prepayment, the return transfer will be instructed to the account from which the transfer was made. If payment is made by PayPal or credit card, the refund will be made to the associated PayPal or credit card account.

 

§ 9.1 Return of waste electrical and electronic equipment from private households

 

When purchasing a new electrical and electronic appliance that is used in your private household, you have the option under the currently applicable standards of the Electrical and Electronic Equipment Act ("ElektroG") to hand in an old appliance that you own free of charge. The prerequisite is that the old appliance belongs to the same type of appliance as the new appliance and essentially fulfils the same functions.

In addition, the ElektroG stipulates that you can hand over your old appliance free of charge when the new appliance is delivered. This applies to distance selling of electrical and electronic equipment in categories 1, 2 and 4 of the ElektroG. The appliance you have ordered falls into one of these categories

This is how simple the return of old appliances is:
1. Order the old appliance take-back together with your new appliance in our webshop.
2. When we deliver your new appliance, our logistics service provider will take your old appliance with him free of charge.

Important:
If any of the following apply, please call our logistics partner Deltatecc on 06838-57999-90 so that we can arrange a separate collection.
1. The old appliance (except TV) is heavier than 27 kg.
2. A television is either heavier than 25 kg or larger than 140 x 85 x 35 cm.
3. At least one of the edge lengths of the old appliance (height, width, depth) is longer than 230 cm.
4. The old unit has a permanently installed battery with a power rating of more than 100WH.

Please note:

• The return of your old appliance always takes place together with the delivery and is not possible if the delivery is made to a neighbour or a further location. Therefore, please make sure that someone is at home when the delivery is made.  
• One old appliance of the same type can be taken back for each new appliance ordered.
• Do not pack the old appliance
• Keep the old appliance ready for collection in a freely accessible area
• Remove easily removable batteries, rechargeable batteries, illuminants or fluorescent tubes and please hand them in at a suitable collection point (recycling centre).
• Permanently installed rechargeable batteries or batteries must not be damaged
• If there are storage media in the old unit, delete all personal data and information.
• It is not possible to take along old equipment that is dirty, leaking, generating heat or physically damaged

§ 10 Statutory right of cancellation and cancellation policy

Consumers have a right of withdrawal according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must contact us (Loewe Technology GmbH, Industriestrasse 11, 96317 Kronach, Germany, Tel.: 09261/990, Fax: 09261/99300, email: loewe@loewe.de), stating a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods. The direct costs of the return shipment with regard to such goods that cannot be returned to us normally by post due to their nature (forwarding goods) are estimated at a maximum of approximately 90.00 euros for each such goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

Exclusion or premature expiry of the right of withdrawal
The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
The right of withdrawal expires prematurely for contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

General instructions
1) Please avoid damage and contamination of the goods. Please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned points 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

Cancellation form
If you wish to cancel the contract, please complete this form and return it to:

Loewe Technology GmbH
Industriestrasse 11
96317 Kronach
Germany
Fax: 09261/99300
Email: ihrebestellung@loewe.de

 

§ 11 Applicable law and dispute resolution

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the provisions of private international law and the law on the international sale of goods (CISG). This choice of law shall apply to consumers only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The statutory place of jurisdiction shall apply.

Loewe points out that the European Commission provides a platform for online dispute resolution (OS). This platform is available at https://ec.europa.eu/consumers/odr can be found.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, insofar as this would constitute an unreasonable hardship for a contracting party, the contract as a whole shall become invalid. 

 

Notes on data protection

Loewe collects, processes and stores your personal data from the contractual relationship solely for the purpose of processing the contract in accordance with Art. 6 (1) (b) GDPR of your order. Insofar as this is necessary for the fulfilment of the contract, Loewe will transmit this personal data to third parties (e.g. payment service providers and shipping companies). Our further information on data protection can be viewed at the following  https://www.loewe.de/en/datenschutz

 

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