Provider: Loewe Technology GmbH, Frankfurt am Main Local Court, HRB 117013, Industriestrasse 11, 96317 Kronach, Federal Republic of Germany.

Managing Director: Aslan Khabliev – Status: November 2023

 

 

§ 1 Scope of application

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

For the purposes of these GTC, a consumer 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 in the version relevant at the time of the conclusion of the transaction shall apply to the contract.

The online shop may not be used for commercial transactions. 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 placed exclusively to the countries in the EU, which are explicitly offered and named in the online-shop. Unfortunately, it is not possible to place an order in other countries and non-EU countries.

§ 2 Conclusion of contract

Contracts in the Loewe Online Shop can only be concluded in German, the preferred language can be selected via the language selection on the website.

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 deviate from reality.

In the event of obvious and significant 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 an error as soon as it is discovered and shall immediately refund any purchase price already paid.

By clicking the "Order subject to payment" button, the customer makes a binding offer to Loewe. A binding contract shall be concluded when Loewe sends and receives the order confirmation by e-mail.

Loewe shall provide 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 shall generally be fourteen days. Loewe is entitled to make partial deliveries.

 

Loewe reserves the right to refuse an order or to cancel the order if this order was generated by software, a machine, a crawler, a spider or by other automatic web programs or scipted behaviour systems or by using third party services which 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. If Loewe exceeds the usual delivery time by more than 4 weeks, the customer shall be entitled to withdraw from the contract free of charge. The other statutory rights to delay in delivery and withdrawal shall remain unaffected. In particular, payments already made by the customer shall be refunded.

§ 4 Retention of title

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

§ 5 Prices, shipping costs, returns and costs

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

The customer has a statutory right to revoke the purchase contract without stating reasons within fourteen (14) days of receipt of the product ordered on the online website.

Loewe shall bear the costs of the return shipment in the event of revocation and defect. However, the customer must ensure that the device was properly packaged in accordance with Loewe's specifications - in the event of revocation, in the original packaging - and must not only prove the delivery itself by means of a delivery receipt, but also, in case of doubt, that the device/product was returned with the purchased device/product at the time of delivery by the customer.

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 is not limited by this clause.

If an order includes several Products to be delivered separately, the withdrawal period for all Products of this order shall commence 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 must be used.

§ 6 Promotion vouchers and their redemption

Promotion vouchers are vouchers which cannot be purchased but which Loewe issues within the framework of advertising campaigns and/or specific promotions with a specific period of validity. These are governed by the respective individual terms and conditions of the promotional voucher; in addition, the following shall apply:

Promotion vouchers can only be redeemed during the specified period and only once as part of an order transaction. Individual products may be excluded from the voucher promotion. Promotion vouchers cannot be used for the purchase of gift vouchers. Promotion 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 the order process is completed. Subsequent crediting is not possible. The promotional voucher cannot be transferred to a third party. Several promotional vouchers cannot be combined with each other unless Loewe has agreed otherwise.

If the customer used a promotional voucher during the purchase, Loewe reserves the right to calculate the original price of the retained goods if, due to a withdrawal, the total value of the order falls below or corresponds to 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 are to be borne by the customer. If payment is made by credit card, this will be charged on 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. Direct debit shall be effected within a few bank working days. If PayPal is offered and selected as the method of payment, the relevant amount shall 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 prior to conclusion of the contract. 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 of payment by the customer, Loewe shall be entitled to the statutory rights.

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

Click here for more information on Klarna and the Klarna app.

§ 8 Cancellation of your order

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

You do not comply with the purchase conditions of our T&Cs;

Loewe does not receive authorisation for your payment from your chosen payment provider;

You request shipment 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 or other incorrect description;

Other special circumstances that warrant cancellation of the order, including, but not limited to, misuse of a discount code and/or suspected fraud.

§ 9 Processing of warranty claims, (voluntary) guarantee, provision of services

The customer shall be entitled to the statutory rights in respect of defects. Warranty claims and/or services shall be provided by Loewe itself or by service partners commissioned by Loewe. These work according to Loewe's internal specifications in terms of time and content. Services provided by such commissioned third parties or service providers shall have the effect of discharging Loewe from liability.

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

Any guarantee granted by Loewe shall only be legally binding if the respective product and country is covered by a guarantee by Loewe in accordance with the Loewe guarantee conditions for the respective product. The statutory warranty shall remain 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 must be agreed directly with the service provider. The same applies to individual set-up solutions, on-site cabling, etc.

§ 10 Returns and refunds

In order to return an article (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. 1. Notification of the return request by using the e-mail address of the order confirmation via the returns notification or by e-mail to [email protected].
2. 2. Filling out the return form provided by Loewe in the footer on the Loewe website (www.gb.loewe.tv).
3. 3. Contact by post our logistics partner Deltatecc GmbH, c/o Loewe, Am Roßberg 11, 66740 Saarlouis, Germany, via "Widerrufs Formular.PDF" or by telephone on: +49
   1. 6838-57999-90.

 

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 are to be used. The original packaging must be used for the return shipment in order to avoid transport damage.

Etwaige Rückzahlungen veranlassen wir automatisch auf das von Ihnen zur Zahlung verwendete Konto. Bei Zahlung per Rechnung und Vorkasse, wird die Rücküberweisung an das Konto angewiesen, von dem die Überweisung getätigt wurde. Bei Zahlung per Paypal oder Kreditkarte, erfolgt die Rückerstattung auf das damit verbundene Paypal- bzw. Kreditkartenkonto.

We will automatically arrange for any repayments to be made to the account you used for payment. When paying by invoice and prepayment, the refund will be instructed to the account from which the transfer was made. When paying by Paypal or credit card, the refund will be made to the associated Paypal or credit card account.

§ 11 Return of 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 possibility, according to the currently valid "WEEE Directive 2012/19/EU" and the resulting national laws, to return 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 Directive provides that you can return your old appliance free of charge when the new appliance is delivered.

This is how easy it is to return your old appliance.

1. 1. order the old appliance return together with your new appliance in our webshop.
2. 2. when your new appliance is delivered, 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 +49 6838-57999-90 so that we can arrange a separate collection.

1. 1. the old appliance (except TV) is heavier than 27 kg.
2. 2. a television set is either heavier than 25 kg or larger than 140 x 85 x 35 cm.
3. 3. at least one of the edge lengths of the old appliance (height, width, depth) is longer than 230 cm.
4. 4. the old appliance 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 another location. Please therefore ensure 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, lamps or fluorescent tubes and take them to a suitable collection point (recycling centre).     
• Permanently installed rechargeable batteries or batteries must not be damaged.
• If there are storage media in the old device, delete all personal data and information.
• It is not possible to take along old devices that are dirty, leak, generate heat or are physically damaged.

§ 12 Statutory right of revocation and revocation instructions

Consumers are entitled to a right of revocation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity:

Right of revocation

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

In order to exercise your right of revocation, you must inform us (Loewe Technology GmbH, Industriestrasse 11, 96317 Kronach, Germany, Tel.: +49 9261/990, Fax: +49 9261/99300, E-Mail: [email protected]) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you can use the model withdrawal form attached in § 10, which is, however, not mandatory, or use the other options mentioned under Returns and Refunds.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you revoke 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 will 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 without delay 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 shall be deemed to have been met if you send the goods before the end of the fourteen-day period.

Loewe shall bear the direct costs of returning the goods for you. You will only have to pay for the shipping costs or any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Exclusion or premature expiry of the right of revocation

The right of revocation 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 revocation 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 damaging or contaminating 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 provide 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 items 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

 

Revocation form

If you wish to revoke the contract, please note the information on refunds and returns in accordance with § 10 of these terms and conditions.

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________ / received on (*) __________________

________________________________________________________

Name of the consumer(s)

________________________________________________________

Address of consumer(s)

________________________________________________________

Signature of the consumer(s) (only in case of paper communication)

_________________________

Date

(*) Delete where inapplicable

§ 13 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 state 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 (ODR). This platform can be found at https://ec.europa.eu/consumers/odr.

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 invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for a contractual partner, the contract shall, however, become ineffective in its entirety.

 

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 Para. 1 lit. b) DSGVO 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, fulfilment partners (Deltatecc) and shipping companies). Our further information on data protection can be viewed at the following URL: https://www.loewe.tv/en/legal/privacy-policy