Last updated: 25 September 2018
These General Terms and Conditions and the subsequent consumer information can be viewed during the ordering process or printed from this page.
SECTION 1 GENERAL
(1) These General Terms and Conditions (hereinafter also referred to as “T&Cs”) form the basis of the entire legal relationship between LODENFREY Verkaufshaus GmbH & Co. KG (hereinafter referred to as “LODENFREY”), Maffeistraße 7, 80333 Munich, Germany, entered into the commercial register held at Munich District Court under HRA 014459, and its end customers established in the online shop https://www.lodenfrey.com.
(2) LODENFREY only delivers goods to private end customers whose place of residence and delivery address are in the Federal Republic of Germany or other EU member states. Customers must be exclusively consumers within the meaning of Section 13 of the German Civil Code (BGB), i.e. natural persons who enter into the legal transaction for purposes which are outside their trade, business or profession. Goods will only be delivered in normal household amounts and while stocks last.
(3) The General Terms and Conditions in place at the time of the order will apply. These can be saved and printed free of charge at https://www.lodenfrey.com/en/Terms-and-Conditions/ .
SECTION 2 CONCLUSION OF A CONTRACT
(1) Every order placed by the customer constitutes a binding offer to conclude a purchase contract for the ordered goods. By clicking on the “Buy now” button in the online shop, the customer makes an offer to purchase the goods in their shopping cart.
(2) LODENFREY will confirm receipt of the customer’s order in writing (usually by e-mail). This confirmation of receipt does not constitute a binding acceptance of the order. Instead, it simply confirms the order details to the customer.
(3) The purchase contract is only concluded when LODENFREY sends the ordered goods to the customer or gives the customer an explicit order confirmation.
SECTION 3 PRICES, SHIPPING COSTS AND TERMS AND CONDITIONS OF PAYMENT
(1) All prices quoted on LODENFREY’s online shop are gross prices in euros and include the statutory value-added tax but do not include any shipping costs. The prices valid at the time of placing the order will apply. LODENFREY reserves the right to change the prices quoted in the online shop before concluding the contract with the customer. In such cases, the order confirmation issued by LODENFREY constitutes a revised offer to conclude a contract and the contract can only be concluded if it is accepted separately by the customer.
(2) (a) For deliveries within Germany, the customer can choose to pay the purchase price by credit card, “Sofortüberweisung” (instant transfer), PayPal or by invoice. We reserve the right to refuse to accept certain methods of payment on a case-by-case basis. LODENFREY reserves the right not to offer certain payment terms when the order is placed and may only agree to deliver the goods if payment is made by Sofortüberweisung, PayPal or credit card.
(2) (b) For deliveries outside Germany, payment must be made by credit card, Sofortüberweisung or PayPal. At present, items can only be shipped outside of Germany to the following EU member states: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, UK.
(3) If the customer chooses to pay by invoice, they will have 14 days from receipt of the goods to transfer the invoice amount to the account detailed on the invoice. If this amount is not paid, they will automatically be in default. If the customer chooses to pay with a credit card, their card account will be charged when the order is shipped.
(4) (a) For standard shipping by DHL within Germany, we charge a flat shipping rate of EUR 5.90.
(4) (b) For express shipping by DHL within Germany, we charge a flat shipping rate of EUR 12.90.
(4) (c) For shipping to Austria, we charge a flat shipping rate of EUR 5.90.
(4) (d) For shipping to countries other than Germany or Austria (currently only possible to EU member states), we charge a flat shipping rate of EUR 25.00 for all countries.
(5) Unfortunately, we cannot accept cash or cheques sent to us in the post. We cannot be held liable for any loss, unless we are grossly liable or have acted with intent.
(6) Click & Collect reservations are held in store for the customer to pick up for two working days (until the store closes) following receipt of the collection notification e-mail.
Click & Collect reservations must be paid for in store by debit card, credit card or cash.
Information about Click & Collect is available here.
(7) LODENFREY will not under any circumstances reimburse the value-added tax if the customer exports the ordered goods to a non-EU country.
SECTION 4 DELIVERY, TRANSFER OF RISK, RETENTION OF TITLE, RETURNS
(1) The goods will be delivered to the delivery address provided by the customer. Unless stated otherwise in the online shop, the goods will be dispatched within 2 to 3 working days.
(2) The goods will be delivered at LODENFREY’s risk. The risk of the accidental loss or deterioration of the goods will be transferred to the customer when the goods are handed over to them.
(3) The goods will remain the property of LODENFREY until the purchase price has been paid in full.
(4) LODENFREY will inform the customer immediately if it becomes aware that it will not be possible to deliver the goods on time or at all despite LODENFREY having concluded an appropriate purchase contract with its suppliers in advance. In the event of the delivery being delayed, the customer is entitled to choose whether to wait for the ordered goods or to withdraw from the contract and/or cancel the order; if the goods are not available for delivery, both parties are entitled to withdraw from the contract. In the event of withdrawal from the contract, any payments already made by the customer will be reimbursed immediately.
(5) LODENFREY is entitled to make split deliveries, provided that doing so is reasonable for the customer. If these split deliveries are instigated by LODENFREY, the customer will not be charged any additional shipping costs. Additional shipping costs in line with the costs specified in Section 3 Para. 4 will only be charged if the customer expressly requests that split deliveries be made.
(6) As stated in these instructions, the customer has the right to return any purchase made from LODENFREY. If an item you ordered on lodenfrey.com doesn’t quite fit or you don’t like it, you can send it back to us within 14 days free of charge.
Returns will only be accepted if they meet the following criteria:
- Goods must be unworn, undamaged and returned in their original packaging
- All original labels and tags must still be attached to the goods
- The enclosed returns form must have been completed in full and placed in the return package
SECTION 5 CUSTOMER’S RIGHTS IN THE EVENT OF DEFECTS
(1) Only the statements made in the order confirmation concerning the type, quantity and condition of the goods are binding. Any other public statements made by LODENFREY, the manufacturer or their assistants have no relevance to the agreed condition of the goods.
(2) In the event of any defects, the rights of the customer to have the defect remedied, to withdraw from the contract or to pay a reduced purchase price are in line with the statutory regulations. The provisions found in Section 6 below apply in the event of any claims for damages in addition to or in lieu of performance.
SECTION 5a DISPUTE RESOLUTION PROCEDURES WITH CONSUMERS
The EU Commission provides an internet platform for online dispute resolution (“ODR platform”). This platform serves as a contact point for settling any disputes that arise from online purchase contracts out of court. This platform can be accessed via http://ec. europa. eu/consumers/odr/.
Customers can contact LODENFREY via the e-mail address [email protected].LODENFREY is prepared to partake in dispute resolution procedures before a consumer arbitration body. The responsible consumer arbitration body is:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
Strafiburger Straße 8
Website: https://www. verbraucher-schlichter.de
LODENFREY will partake in dispute resolution procedures carried out by this consumer arbitration body.
SECTION 6 LIABILITY
(1) LODENFREY is not liable for breaches of duty caused by simple negligence, provided that these breaches do not involve essential contractual obligations or warranties, do not concern damages arising from loss of life, physical injury or damage to health or justify claims made in accordance with the German Product Liability Act (Produkthaftungsgesetz). Claims made by the customer in accordance with Section 5 Para. 2 Sentence 1 will not be affected by this.
(2) Provided that claims are not being made as a result of breach of warranty, as a result of loss of life, physical injury or damage to health, or in accordance with the German Product Liability Act, LODENFREY’s liability for acts of simple negligence will be limited to the foreseeable level of damage typical for this type of contract.
(3) If LODENFREY’s liability is excluded or limited, this will also apply to the liability of LODENFREY’s legal representatives, employees and vicarious agents.
(4) LODENFREY cannot be held liable for the functioning of data networks, servers or data connections to its data centre or for the continuous availability of its online shop.
(5) The items sold at LODENFREY.com are photographed and described to the best of LODENFREY’s knowledge and with utmost care and diligence. Actual existing items are always used as the model for this. Minor differences between the product description and the actual product do not constitute defects in the ordered goods. LODENFREY can also not accept liability for the accuracy or completeness of its product descriptions, including product details and care instructions.
SECTION 7 OFFSET
The customer is only entitled to a right to offset if their counterclaims are declared legally valid or are undisputed.
SECTION 8 FINAL PROVISIONS
(1) The law of the Federal Republic of Germany applies.
(2) If one or more of the provisions laid down in these General Terms and Conditions are or become invalid or unenforceable, this will not affect the validity of the remaining parts of the General Terms and Conditions.
This consumer information and the General Terms and Conditions can be viewed during the ordering process and printed out, saved or downloaded as a PDF file here at any time. In particular, we would like to draw your attention to the information on your right to cancel found in Figure 8 below.
1. Identity and official address of LODENFREY
LODENFREY Verkaufshaus GmbH & Co. KG
Maffeistrasse 7, 80333 Munich, Germany
Registered office: Munich; commercial register entry: Munich District Court under HRA 014459
Managing Director and authorised representative: Markus Höhn
2. Order processing/language
Orders are accepted and processed by LODENFREY.
The exclusive contractual language is German.
3. Conclusion of a contracts
The presentation of goods in the online shop does not constitute a legally binding offer. Instead, it constitutes an invitation to the customer to place an order and therefore to make LODENFREY a binding offer.
Before making an order, the customer is required to enter the data needed to process the contract. The customer can choose whether to enter this data on a one-off basis solely for the specific order (without registering) or to set up a customer account (by registering) so that their customer data is stored and is also available for future orders.
The customer can select individual items to subsequently order by clicking on the “ADD TO CART” button. By clicking on the “Buy now” button during the ordering process, the customer places a binding order for the goods in their shopping cart. By sending this binding order, the customer expressly accepts LODENFREY’s T&Cs as an integral part of the contract.
LODENFREY will immediately confirm receipt of the customer’s order by e-mail. This automated confirmation of receipt does not constitute a binding acceptance of the order, but rather simply informs the customer that LODENFREY has received their order. This consumer information and the cancellation form are attached to the confirmation of receipt. The purchase agreement is only concluded once the customer has placed the order and LODENFREY has dispatched the goods or issued an explicit order confirmation.
4. Correction of data entered incorrectly
Before placing their order, the customer is shown an overview of the contractual data so that they can check it and correct any mistakes using the edit function.
5. Saving and accessing the text of the contract
When placing their order, the customer can save the text of the contract, i.e. all the contract data, by clicking on the menu item “File” in their browser and selecting the “Save as” function. The customer can print the text of the contract by clicking on “File” in their browser and then selecting “Print”.
The customer can print or save the T&Cs and this consumer information in a retrievable form by clicking on the link “T&Cs” or “Consumer information” on the last page of the ordering process or in the main menu and then clicking on the “Print page” button or the “Save” link.
The text of the contract will be saved by LODENFREY and can be e-mailed to the customer free of charge and at any time on request.
6. Main features of the goods
The main features of the goods on sale and the validity of any limited offers can be found in the respective product descriptions in the online shop.
7. Data protection and use of data
The personal data voluntarily disclosed by the customer during the order process is only used in accordance with the provisions of the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). The customer’s personal data is only collected if and to the extent that the customer voluntarily shares such data while using the LODENFREY online shop. This data is only processed and shared with third parties if this is necessary in order to implement the contractual relationship between LODENFREY and the customer or in line with the following description. In particular, customer data is currently shared with third parties as follows:
- To RatePAY GmbH, which provides a receivables management service and acts as a payment guarantor by purchasing receivables owed by LODENFREY’s customers. See the separate section below for more information on this.
- To SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany for the purpose of checking customers’ credit ratings.
LODENFREY also passes SCHUFA data concerning any failure to meet contractual obligations (e.g. undisputed outstanding debts). In accordance with the German Federal Data Protection Act, this information may only be reported if doing so is permissible after weighing up the interests of all the parties concerned. SCHUFA stores and transfers the data to its contractual partners in the EU single market in order to give them information to help them assess the creditworthiness of natural persons. In particular, SCHUFA’s contractual partners include banks, credit card companies and leasing companies. SCHUFA also discloses information to retailers, telecommunications companies and other companies which provide goods and services on credit. SCHUFA only makes personal data available if a legitimate interest in doing so can be plausibly demonstrated on a case-by-case basis. SCHUFA discloses address data for the purpose of tracing debtors. When disclosing information, SCHUFA may also share with its contractual partners a probability value, which is calculated from the data available to it and assesses an individual’s credit risk (scoring method).
The customer can contact SCHUFA to obtain information about the data stored about them. A fact sheet providing further information about SCHUFA’s reporting and scoring methods is also available on request. SCHUFA’s address is: SCHUFA Holding AG, Verbraucherservice, Postfach 5640, 30056 Hannover, Germany.
During the ordering process, your personal data is encrypted using SSLv3, RC4, RSA with 1024 bit exchange, issued by Thawte Server Certification Authority, as it is transferred over the internet. We use technical and organisational measures to secure our website and other systems in order to protect your data from being lost, destroyed, accessed, amended or disclosed by unauthorised persons. Your customer account can only be accessed by inputting your personal password. You should always keep your login details confidential and should close your browser window once you have finished communicating with us, especially if you share your computer with others.
When you register for our newsletter, your e-mail address will be used for our own advertising purposes with your consent until you unsubscribe from the newsletter. You can unsubscribe at any time. LODENFREY reserves the right to use the customer data it collects to create pseudonymous user profiles for advertising and market research purposes and to help it design its services in line with its customers’ requirements. The customer is entitled to object at any time to their user data being used in this way.
This website uses the web analytics service, including bid management, provided by Kenshoo Ltd., 6 Habarzel St., Tel-Aviv, Israel 6971010. To enable us to optimise and design this website in line with our customers’ requirements, anonymous usage data is collected, stored in an aggregated form and used to create pseudonymous user profiles. The use of Kenshoo tracking results in cookies being stored locally. In accordance with Section 15 of the current version of the German Telemedia Act (TMG), website visitors are entitled to object to the storage of their (anonymously collected) visitor data, including with effect for the future. To do this, please use the Kenshoo opt-out function.
The controller responsible for the collection and processing of data is:
LODEN-FREY Verkaufshaus GmbH & Co. KG
The customer is entitled at any time to obtain access to the personal data stored about them free-of-charge and, if applicable, has the right to have this data rectified, blocked and erased. Please contact LODENFREY if you have any questions about the collection, processing or use of personal customer data, gaining access to or requesting the rectification, blocking or erasure of this data, or the withdrawal of consent.
Declarations of consent
You may have expressly consented to the following::
I don’t want to miss out on the exclusive newsletter. My e-mail address will not be shared with third parties. I can unsubscribe from the newsletter free of charge at any time.
Verification of your data
I give my consent for my data to be passed to a credit reporting agency for the purpose of checking my creditworthiness.
Customers can view information about data protection at https://www.lodenfrey.com/en/datenschutz/ at any time.
8. Cancellation policy/right to cancel
You have the right to withdraw from this contract within 14 days without stating your reasons for doing so.
The cancellation period is 14 days from the date on which you or a third party specified by you, who is not the carrier, takes possession of the goods.
To exercise your right to cancel, you need to send us (LODENFREY Verkaufshaus GmbH & Co. KG, Maffeistraße 7, 80333 Munich, Germany, telephone +49 89-3235890222, e-mail [email protected]) a clear statement (e.g. a letter sent by post or an e-mail) indicating your decision to withdraw from this contract. If you wish, you can use this model cancellation form this is not, however, obligatory.
To cancel in time, the notification of your decision to exercise your right to cancel simply needs to be sent to us before the expiry of the cancellation period.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments received from you, including the shipping costs (with the exception of any additional costs resulting from you having chosen a delivery option other than the cheapest standard delivery service offered by us), immediately and within no later than 14 days of receiving notification of your decision to cancel. Unless expressly agreed otherwise with you, we will refund you using the same method of payment which you used when making the original transaction; you will never be charged any fees as a result of this repayment. We may refuse to make the repayment until we have received the goods back from you or until you provide us with proof that you have sent back the goods, whichever is the earliest.
You must send back or hand over the goods to us immediately and, in any event, within 14 days at the latest from the date on which you informed us of your decision to withdraw from this contract. This time limit will be deemed to have been met if you dispatch the goods before the end of the 14-day period. Although we are not required to do so by law, we will cover the direct costs of returning the goods. However, we will only do this if you use the returns label included in the package. You must cover the costs if you return the goods in any other way.
You will only be required to pay for any loss in value of the goods if this loss in value can be attributed to any unnecessary action taken to check the condition, properties and functioning of the goods.
End of the cancellation policy.
9. Codes of conduct
LODENFREY is not subject to any particular codes of conduct.
10. T&Cs/warranty terms
Please see the T&Cs for the warranty terms. The T&Cs also include additional rules and information, particularly regarding terms and conditions of payment, delivery times, prices and shipping costs. The T&Cs can be found at https://www.lodenfrey.com/en/Terms-and-Conditions/.
“Additional Terms and Conditions for the Use of RatePAY Payment Methods and Information Relating to Data Protection and Data Processing at RatePAY GmbH”
We work with RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin, Germany (hereinafter “RatePAY”) so that we can offer you attractive methods of payment. If a RatePAY payment method is to be used as part of an effective purchase contract concluded between you and us, we will assign our payment claim to RatePAY. If RatePAY’s purchase by invoice payment method is used, we will assign our payment claim to RatePAY GmbH’s partner bank. If you select one of the payment methods offered by RatePAY and place your order, you automatically consent to your personal data and the data concerning your order being transferred to RatePAY GmbH for the purposes of checking your identity and your credit rating and of processing the contract. Detailed information can be found in the Additional Terms and Conditions for the Use of RatePAY Payment Methods and Information Relating to Data Protection and Data Processing at RatePAY GmbH, which form part of our General Terms and Conditions and always apply whenever you select a RatePAY payment method.