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 Technologies GmbH, District Court of Coburg commercial register number 5443, Industriestr. 11, 96317 Kronach, 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 firstname.lastname@example.org.
§ 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 Technologies GmbH, District Court of Coburg commercial register no. 5443 Industriestraße 11, 96317 Kronach
Executive Management: Dr. Ralf Vogt, Peter Nortmann
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.