B2C SALES TERMS & CONDITIONS Of LOWA SPORTSCHUHE GMBH
Version: November 28, 2020
Lowa Sportschuhe GmbH
1. SCOPE OF APPLICATION, DEFINITIONS, LIMITATIONS
1.1 The following general terms and conditions (“General Terms”) shall apply to all online sales and deliveries made by LOWA Sportschuhe GmbH for sales to Consumers and Companies only as hereinafter defined via diverse web site and/or instant browser communication tools, as the case may be, hereinafter collectively referred to as “Communication Tools”.
1.2 “Consumers” are in a legal sense natural persons of legal age with a minimum age of 21 years entering into an online purchase transaction for their strict own private purposes as defined in Sect. 13 of the German Civil Code (hereinafter “BGB”). Shoes, which are offered for sale by LOWA for commercial PPE-related use are specifically marked.
1.3 “Companies” are in a legal sense natural or legal persons/ commercial entities entering into an online purchase transaction acting in their role as a commercial or independent business entity as defined in Section 14 BGB, but purchasing LOWA products for their own purposes and usages only, which excludes any resellers of the LOWA products same as the product sector personal protective equipment (PPE).
1.4 “Customer(s)” and/or “you” as collectively referred to herein are Consumers and Companies in terms of Clauses 1.2 and 1.3 above.
1.5 Excluded from the application of these General Terms and the corresponding online sales on this basis are all commercial resellers of LOWA®-products, same as the complete product segment of those LOWA® shoes, which are used commercially or professionally and consequently fall within the category of personal protective equipment (PPE) on the grounds of EU Regulation 2016/425. These require an additional CE-Certificate, which is not needed for the other product portfolio of LOWA. Consequently LOWA sells in its online Webshop only products, which are exclusively reserved for private usage purposes.
1.6 The Communication Tools and their content are provided free of charge and ‘as is’ without any warranties of any kind. The information provided therein is for general information purposes only and does not constitute advice.
1.7 We do neither represent nor warrant that the information contained in our diverse Communication Tools are accurate, complete or current, or that the Communication Tools are free of viruses or any other harmful components. Further, we will not provide for specific IT infrastructure or connectivity. Thus, we cannot represent or warrant that the usage of the Communication Tools will be uninterrupted or error free. Moreover, we do not make any warranties or representations regarding the use of the content on the Communication Tools in terms of adequacy, usefulness, correctness, accuracy, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable laws.
1.8 Any use of the Communication Tools is at the Customer’s own risk. Neither LOWA, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website and/or the App will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use the content on the Communication Tools, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website and/or the App or the performance of the products or otherwise arising out of or in connection with these General Terms and Conditions. Customers are strictly prohibited from using the Communication Tools to post or transmit any information and content which infringes or may infringe third party intellectual property rights or any mandatory applicable laws or regulations including yet without limitation any information and content which is threatening, defamatory, false, discriminating, illegal, offensive and the like and which could be viewed as violating the rights of any third party. LOWA reserves the right to deny a visitor including any Customer access to the Communication Tools at any time in its sole reasonable discretion, when it considers any use thereof as breach of these General Terms.
1.9 Online sales and deliveries to Companies will only be accepted by us if the articles ordered are for the Customer’s personal use only and are limited to the quantities set forth in Clause 4.1 below of these General Terms.
1.10 When placing an order via the Communication Tools, the Customer can access the General Terms via the links provided in the Online Store, download and save them on its electronic device and/or print them out. These General Terms will be sent to each Customer on a durable medium once an online purchase has been made (e.g. as an e-mail with a pdf attachment). By accessing and using Communication Tools, the Customer grants its consent to the applicability of these General Terms in their entirety in addition to any other law or regulation that applies to the Communication Tools. If a customer does not agree to the applicability of the General Terms, it is required to leave the respective Communication Media immediately.
2. CONTRACT PARTNER
Your contract partner with respect to all B2C Online Sales is:
LOWA Sportschuhe GmbH
Managing directors: Ruggero Giancarlo Zanatta, Werner Riethmann, Alexander Nicolai; Sales tax ID no. DE 131013898 Tel: +49(0)8137–999444 E-Mail: firstname.lastname@example.org Registration Ingolstadt District Court: HRB 172614 Ingolstadt
3. OFFERS AND SALES CONTRACT CONCLUSION
3.1 Our offers merely constitute a non-binding invitation to Customers to order goods in our LOWA B2C online shop. By ordering the respective goods, the Customer is making on its part a binding offer to us for the conclusion of a sales contract. Such offer will become only mutually binding when we are accepting it by forwarding a text confirmation by e-mail to the Customer within a time period of seventy-two (72) hours at maximum (hereinafter “the Order Confirmation Mail”). Otherwise the respective offer shall be deemed rejected by us. If several items are included in an order, a purchase contract is only created in respect of the items expressly referenced in the Customer order and our subsequent Order Confirmation Mail.
3.2 When you found the article you are seeking to purchase online, you can place it without commitment in your basket by clicking on the 'Add to basket’, “buy now” or the like button. You are free to remove the chosen article from the basket by clicking on the 'Remove Article’ button. If you wish to purchase the item in the basket, click on the 'Buy Now’ button. Then log in or create a customer account. Alternatively, you can complete your purchase as a guest, in which case you will have to re-enter your personal details for each new order you place in the future. Compulsory fields are marked with a red asterisk (*). Once you have entered your data, select your preferred dispatch method and payment method, you will then see a detailed summary of your order, the grand total including freight cost and a breakdown thereof. The details you have entered can be modified and/or amended by clicking on the 'Edit’ button. You are then required to finalize your online purchase by clicking on the 'Complete your purchase’ button. Up until this point, the online purchase can be discontinued at any time by simply just closing any of the Communication Tools you are using.
3.3 We reserve the right to conduct an individual credit check for each order in accordance with our LOWA Privacy Statement
(see https://lowa.com/legal/privacy). Depending on the results of this check, we shall also be entitled to refuse certain methods of payment.
4. CANCELLATION OF ORDERS BY LOWA
4.1 If LOWA is unable to accept the Customer’s order in whole or in part for any reason (including any of the reasons described in this Clause 4.2 or otherwise set forth herein, we will inform the Customer thereof by e-mail. A maximum order quantity of three (3) pairs of shoes applies to each closed order.
4.2 We are entitled to cancel the order of a customer out of substantial reasons, in particular yet without limitation in the following circumstances:
4.2.1 we are unable to obtain authorization for the Customer’s payment and/or have reasons to believe that the respective intended online purchase could be an illegal or fraudulent activity, which includes orders by a Customer where the quantity or ordered articles is higher than the usual quantities for private households or own usages, or where identical subsequent orders are placed, respectively or orders in unusual quantities to be sent to identical delivery addresses or the like;
4.2.2 the Customer does not meet the qualifications and criteria set forth in these General Terms.
4.2.3 we detect an obvious unmistakable error relating to the description and/or the price of an ordered article, further, no rights of a customer can be derived from typing errors, product descriptions or manifest errors in general on any of the Communication Tools.
4.2.4 an article ordered by the Customer is unforeseeably out of stock or otherwise non-available.
4.2.5 where we know or reasonably suspect the respective order was made with the assistance or involvement of any software, robot, crawler, spider or by applying other automated method.
4.3 Orders will only be accepted by us for deliveries within the European Union and the European Economic Area.
4.4 In the event of cancellation by LOWA, we will inform the respective Customer without delay and in the event it has already received articles from us, which are subject of cancellation, the Customer is obliged to return these articles to us in accordance with our return policy as set forth in Clause 5.4 below against refund of payment for the said articles already received by us and reimbursement of delivery cost, if already incurred on part of the Customer. Any additional claims of the Customer are excluded, e.g. if the Customer is not able to start a planned trekking trip due the non-execution of its order, or the like.
5. CANCELLATION POLICY AND PROCEDURE FOR OUR CONSUMER CUSTOMERS
5.1 You have the right to cancel an order and the respective purchase contract within fourteen (14) days. In the case of international deliveries (from Germany to another country) within the cancellation period prescribed by mandatory applicable mandatory laws. The cancellation period is calculated from the day on which you or a third party named by you, which is not the transporter, has taken receipt of the last item of the order concerned.
5.2 To exercise the cancellation right, the Consumer shall inform us,
LOWA Sportschuhe GmbH
Tel.: +49 (0)8137 999 444
about your decision to cancel the respective order by a clear declaration (for example by letter or e-mail) indicating the order and customer number about your decision to cancel accordingly (hereinafter “the cancellation statement”). You may use the following template for this purpose, but this is not obligatory:
LOWA Sportschuhe GmbH
Hauptstrasse 19, 85305 Jetzendorf
I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods.
Order number (*):
Customer number (*):
Ordered on (*):
Received on (*):
Name of consumer (*):
Address of consumer (*):
[only if the declaration of withdrawal is submitted on paper].
() Insert as applicable/delete as applicable
5.3 It is only required that you send your cancellation notice before the end of the cancellation period. Immediately upon receipt of your cancellation statement, but no later than 14 days after receipt of your cancellation, we will refund all payments you have made, including the delivery costs (except for those costs that have accrued due to a shipping method chosen by you other than the cheapest standard delivery offered by us). For this refund, we will use the same payment method that you used for the original transaction, unless otherwise arranged with you. You will not be charged any additional costs for this refund, but we reserve the right to refuse to refund you until we have received the goods back in unused condition or until you have provided us with evidence that you have returned the goods to us, whichever is the earlier.
5.4 In general, you are required to return or hand over the respective articles affected by your cancellation within a period of fourteen (14) days, or within such other period as may be mandatory by applicable law, from the date on which you have given your notice of cancellation to the respective LOWA authorized national Webshop partner (which is not the carrier) from whom you received the articles. For orders carried out by us, this is LOWA Sportschuhe GmbH, Hauptstrasse 19, 85305 Jetzendorf/Germany. The aforementioned deadline shall be deemed to have been met on your part if the items which are the subject of the notice of cancellation are dispatched by you within the aforementioned fourteen-day period.
Unless otherwise mandatorily regulated by law in the case of international deliveries, you shall cover the direct costs for the return shipment of the returned articles. You can use the following options for this purpose:
I. Returns using a return label.
For selected items you can request a return via www.lowa.com. You will then receive a prepaid return label to print out, which you can use to hand in your package at DHL acceptance stations and send it back to us. In this case, you will be charged with the direct costs incurred for the shipment totaling €5.90 per return. These costs will be subtracted from the amount to be refunded to you before the refund is made.
II. Return at your own expense
You can return your order to us at your own expense. In this case, please return your package to the following address:
LOWA Zentrallager DE
6. DELIVERY MODALITIES, RESERVATION OF TITLE, PRICES
6.1 All Articles shown on the Communication Tools are subject to availability. This means that, although we strive to ensure our Communication Tools constantly reflect the availability of stock, an article shown on the Communication Tools may no longer be available for purchase. Minor differences in color and other minor variations in articles are possible as a result of different image acquisition, display technologies or other technical reasons and we shall not be liable for any of these variations and deviations.
6.2 We shall dispatch the Customer’s ordered articles within four (4) working days of the respective order received and confirmed by us at the latest. Unless unforeseeable problems incurred, such as strikes or other force majeure cases and the like, the ordered articles should reach the Customer usually within seven (7) working days from the respective order and confirmation date.
6.3 If in single cases the delivery of LOWA products confirmed by us to reach the Customer within the foregoing seven-workday period are delayed, the Customer is at its choice entitled to decide whether it will cancel the respective order or keep it pending. In any event after the elapse of four (4) weeks from the date of our order confirmation without any delivery made to the Customer, the respective order will be automatically cancelled, and any payments already received from the Customer will be refunded by us in accordance with Clause 5.3 above.
6.4 We are entitled to the extent reasonably possible to execute an order by making split deliveries without charging additional cost to the Customer unless the Customer made the request to be delivered in parts. Each split order shall constitute a separate contract of sale. If we are late delivering or one split order is faulty, the Customer shall not have the right to cancel any other part of the split order.
6.5 Delivery charges will be borne by the Customer unless otherwise set forth in the Communication Tools.
6.6 The articles ordered online by a Consumer via our Webshop, shall remain our property until payment is received in full. The Customer is not entitled to sell, dispose of or encumber any article before title thereof has passed to the Customer. For Companies the ordered articles shall remain our property until all our claims arising from our commercial relationship (including those of our Webshop Partners) will be settled in full.
6.7 Delivery shall be carried at our own risk in accordance with the statutory law provisions for the online purchase of consumer goods applicable in the respective country the Customer resides. In the event of deliveries made to a Company, the transportation risk shall pass to the Company upon handing over the ordered articles to the respective carrier.
6.8 If failure to deliver the respective order is attributable to the Customer, it shall be responsible for the resulting additional costs. Deliveries shall be deemed to be undeliverable if no person authorized to receive the delivery is available to take delivery and the collection deadline passes without the package being collected, or if the recipient or the recipient’s authorized representative designated by the Customer refuses the acceptance of the package, or if the Customer or its representative cannot be reached at the address provided. This shall also apply for deliveries made to certain designated reception facilities such as to post or letter boxes.
6.9 Prices as stated on our Communication Tools are shown primarily in EURO currency and contain statutory sales taxes and other pricing elements, which will be shown separately on the Customer’s invoice received from us. The VAT rate applicable for any B2C online sale will be the one charged in the country the respective LOWA products will be delivered to within the European Union and the European Economic Area.
7. PRODUCT WARRANTY
7.1 For B2C online sales transactions of Consumer Customers, a statutory warranty period of two (2) years shall apply from the date of the receipt of the ordered LOWA products, whilst for Companies the warranty period shall be one (1) year. The latter limitation shall not apply in those events, where a Company claim is based on physical injury, loss of life or gross negligence on our part, or where longer warranty periods are prescribed by mandatory applicable laws. Out of sustainability and environmental considerations, the Customer agrees that it shall be our first preference and choice to repair a LOWA product, where reparable.
7.2 Any warranty claim shall be addressed to LOWA Sportschuhe GmbH for all deliveries of online ordered products received from us in Germany, for any other deliveries received from an authorized LOWA Webshop Distribution Partner, we shall forward the respective warranty claim to the said Partner.
7.3 Under this warranty policy pertaining to B2C online sales we do not honor warranty claims for articles,
7.3.1 obtained from a source other than the Communication Tools;
7.3.2 that have been damaged by negligence or abuse (such as unusual high or low temperatures and heat, exposure to damaging chemicals such as caustic substances and the like);
7.3.3 damaged by substantial misuse or activities outside the scope of the intended purpose for such product (such as using a mere travel and leisure product for Alpine Mountain climbing, etc., or vice versa a mere outdoor shoe in urban environments on hard surface only);
7.3.4 damaged by normal wear and tear or which have exceeded the reasonable lifespan for such products.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 LOWA is and remains the owner of all copyright and content in and on the Communication tools. You are only entitled to view, play, print and/or download any content in whole or in part existing now and in future on the Communication Tools for your strict personal, non-commercial and informational purposes only (hereinafter “the Permitted Use”). Any user of the Communication Tools including any Customer has no right to modify in any manner whatsoever its contents, copy, publish, create derivative works, license, reproduce, transfer or sell any of the Communication Tools’ content or use it on any other website or media unless we have provided our express written consent to any specific modification or other use requested by the visitor of our Communication Tools in writing beyond the Permitted Use.
8.2 The Customer undertakes not to remove or otherwise suppress or modify any copyright, trademark or any other intellectual property rights pertaining to any content of the Communication Tools.
8.3 The same as set forth in Clauses 8.1 and 8.2 above shall apply for any trademarks, logos and other intellectual property rights of LOWA (hereinafter “the Intellectual Property Rights”), which shall remain our exclusive property (including those of our affiliated companies and of our licensors.
8.4 Any usages beyond the Permitted Use by any user of the Communication Tools including Customers of any of the Intellectual Property Rights shall equally require our express prior written approval. This shall also apply for any use of our Intellectual Property Rights in the context of the creation of links, hypertext, deep links and the like between any of our Communication Tools and other third-party online media.
9. DATA PROTECTION
9.2 Our Privacy Statement (see Clause 3.3. above) forms an integral part of these General Terms. By accessing our Communication Tools, you agree and accept that we may use, collect and store and process your personal data in accordance with our Privacy Statement.
10. LIMITATION OF LIABILITY
10.1 LOWA does not in any circumstances exclude its liability for fraud, death or personal injury caused by our negligence or that of our employees and/or agents or any other loss which is not permitted to be excluded and/or limited by applicable mandatory laws and regulations. These limitations of liability set forth in this Clause 10. do also extent to our Webshop Partners, but do not apply, where we have fraudulently concealed a defect or have substantially incorrectly described an article on the Communication Tools (including a non-marking of a PPE shoe). In addition, LOWA does not assume any liability resulting from a non-conforming commercial use of the shoes by the Customer, this shall apply in particular for a possible liability relating to PPE.
10.2 We are not responsible for any loss or damage that a customer and/or a user of the Communication Tools suffers, which are
10.2.1 not caused by our breach of these General Terms;
10.2.2 a result of LOWA’s temporary failure to provide access to the Communication Tools (or any part thereof), or the result of a removal of certain articles from the Communication Tools;
10.2.3 a result of our right to cancel orders in accordance with the terms set forth in Clause 4 above;
10.2.4 caused by a distributed denial-of-service attack, Internet virus or other technologically harmful data or material that may negatively affect your computer equipment, data, software or other materials and information due to your use of the Communication Tools (including but not limited hereto any downloads of content from the Communication Tools or any other online medium linked thereto);
10.2.5 the result or consequence of the non-fulfillment of any obligations on our part, which can be attributed to events beyond our control (such as fires, war, riots, civil disturbances, major accidents, floodings, storm, strikes, lockouts and/or any other Acts of God).
10.3 Unless otherwise prescribed by applicable mandatory laws, our total liability to Customers for any loss or damages arising in connection to any B2C online purchase of LOWA products is limited to a maximum of onehundredandfifty percent (150%) of the value of the Customer’s order concerned.
11. GOVERNING LAW, JURISDICTION, ONLINE DISPUTE SETTLEMENT
11.1 Unless otherwise set forth in the area of applicable mandatory laws and regulations applicable for Consumer Customers, these General Terms shall be exclusively governed by substantive German laws without regard to international conflict law principles. For cross border online sales transactions between Companies and us the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
11.2 If the Customer is a Company, the exclusive venue for any disputes arising from or pertaining to these General Terms and/or any online sale which cannot be settled amicably, shall be Munich/Germany with the jurisdiction of the Munich civil courts.
11.3 Based on Regulation (EU) No. 524/2013, the European Commission has made a European platform available, which can be electronically accessed via an international website in all official languages of the EU authorities for the settlement of disputes between consumers residing in and companies established in the European Union pertaining to the online sales of goods or the online provision of services (so-called OS-Platform/URL: https://ec.europa.eu/odr ).
To file a complaint against LOWA on this OS-Platform, Consumers are required to fill in an electronic complaint form. The respective information, which are obligatory to be provided are listed in the Annex of Regulation (EU) No. 524/2013.
12. FINAL PROVISIONS
12.1 Any B2C online sale transaction same as any use of the Communication Tools will be exclusively subject to this version of the General Terms including any future subsequent changes or amendments hereof, which are in force at the time, when a Customer places the respective order through the Communication Tools, or the day you visit the Communication Tools, whatever is applicable. We reserve the right to make changes and/or amendments of these General Terms at any time.
12.2 Each provision of these General Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from the other terms and shall not affect the validity and/or enforceability of any of the other provisions of these General Terms.
12.3 These General Terms are provided in a bilingual German and English version. In any event of discrepancy, inconsistency or conflict between the two language versions, the German version shall prevail.