I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you enter into with us, the supplier (LODEN-FREY Verkaufshaus GmbH & Co. KG), via the website www.lodenfrey.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby excluded.
(2) For the purposes of the following provisions, a ‘consumer’ is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity. A trader is any natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject matter of the contract is the sale of goods.
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You may submit a binding offer to purchase (order) via the online shopping basket system.
The goods you intend to purchase are placed in the ‘shopping basket’. You can access the “shopping basket” via the relevant button in the navigation bar and make changes there at any time. After proceeding to the “Checkout” page and entering your personal details as well as the payment and delivery terms, all order details are finally displayed once more on the order summary page. Vor Before submitting your order, you have the option to review all the details here once more, make changes (including via your web browser’s ‘Back’ function) or cancel the purchase.
The goods you intend to purchase are placed in the ‘shopping basket’. You can access the “shopping basket” via the relevant button in the navigation bar and make changes there at any time. After proceeding to the “Checkout” page and entering your personal details as well as the payment and delivery terms, all order details are finally displayed once more on the order summary page. Vor Before submitting your order, you have the option to review all the details here once more, make changes (including via your web browser’s ‘Back’ function) or cancel the purchase.
By submitting your order via the ‘Buy’ button, you are making a binding offer to us.
You will first receive an automatic email confirming receipt of your order; this does not yet constitute the conclusion of a contract.
(3) Acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by means of a written confirmation (e.g. email), in which the fulfilment of the order or dispatch of the goods is confirmed (dispatch confirmation).
Should you not have received such a message, you are no longer bound by your order. In this case, any payments already made will be refunded immediately.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not blocked by spam filters.
§ 3 Special provisions regarding offered payment methods
(1) Credit check
Where we make an advance payment, e.g. in the case of payment on account or by direct debit, your data will be passed on to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, for the purpose of a credit check based on mathematical and statistical methods, in order to safeguard our legitimate interests. We reserve the right to refuse payment by invoice or direct debit based on the outcome of the credit check.
(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, the payment transaction will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual
payment methods via “PayPal” are displayed to you under a correspondingly labelled button on our website and during the
online ordering process. “PayPal” may use other payment services to process payments; where
specific payment terms apply, you will be notified of these separately. Further information on “PayPal” can be found
here.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory rights in respect of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of it by us prior to your submission of the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the ‘ Schutz ’ (right to a more favourable legal regime) granted by mandatory provisions of the law
of the country in which the consumer has their habitual residence (principle of favourability).
(2) The place of performance for all obligations arising from business relationships with us, as well as the place of jurisdiction, shall be our registered office, provided that you are not a consumer but a trader, a legal person under public law or a special fund under public law
. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown at the time the action is brought. The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the seller
LODEN-FREY Verkaufshaus GmbH & Co. KG
Maffeistraße 7
80333 Munich
Germany
Telephone: +49 89-2 10 39-0
Email: service@lodenfrey.com
2. Information on the conclusion of the contract
The technical steps involved in concluding the contract, the conclusion of the contract itself and the options for rectification are governed by the provisions on ‘Conclusion of the Contract’ in our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The language of the contract is German.
3.2. We do not store the full text of the contract. Vor Once the order has been submitted via the online shopping basket system, the contract details can be printed using the browser’s print function or saved electronically. Upon receipt of the
order by us, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Codes of Conduct
4.1. We have committed to the ‘Käufersiegel’ quality criteria of Händlerbund Management AG and, consequently, to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. Key features of the goods or services
The key features of the goods and/or services are set out in the relevant offer.
6. Prices and payment terms
6.1. The prices stated in the respective offers, as well as the delivery charges, represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable delivery charges are not included in the purchase price. These can be viewed via a clearly labelled button on our website or in the relevant offer, are shown separately during the ordering process and are to be borne by you in addition to the purchase price, unless free delivery has been promised.
6.3. Any costs incurred in connection with the transfer of funds (bank transfer or exchange rate charges levied by financial institutions) are to be borne by you in cases where delivery is made to an EU Member State but payment was initiated from outside the European Union.
6.4. The payment methods available to you are listed under a button labelled accordingly on our website or in the relevant offer.
6.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
7. Delivery Terms
7.1. The delivery terms, the delivery date and any applicable delivery restrictions can be found under a button labelled accordingly on our website or in the relevant offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the goods sold during dispatch is not transferred to you until the goods are handed over to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or any other person designated to carry out the dispatch.
8. Statutory liability for defects
Liability for defects is governed by the ‘Warranty’ provisions in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been drawn up by lawyers at Händlerbund specialising in IT law and are continuously reviewed for legal compliance.
Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of formal warnings. Further information on this can be found at: https://www.haendlerbund.de/agb-service.
Last updated: 20 February 2025