General Terms and Conditions

§1 Applicability

The General Terms and Conditions for your registration and orders at www.loeffler.de follow hereafter. You can also print this document or save it through the regular function of your Internet service programme (= browser, e.g., Firefox, Chrome, Internet Explorer: usually "File" -> "Save As"). The following GTC shall apply to all orders placed through our online shop.

§2 Contract partner / Hotline

LÖFFLER.de is a website of the:

LÖFFLER GmbH
Rosenstraße 8
91244 Reichenschwand, Germany
Tel.: +49 (0) 91 51 – 83 00 8-72
Fax: +49 (0) 91 51 – 83 00 8-88
Email: shop@loeffler.de

Bank details:
Sparkasse Nürnberg
Account number: 190 011 726
Bank code: 760 501 01
IBAN: DE 57 760 501 010 190 011 726
SWIFT BIC: SSKN DE 77

HypoVereinsbank Member of UniCredit
IBAN: DE 51 760 200 700 024 783 324
BIC: HYVEDEMM460

Responsible for contents of the LÖFFLER GmbH under Section 55 of the German Interstate Broadcasting Treaty [Rundfunkstaatsvertrag]: Werner Löffler

Managing directors: Werner Löffler
Commercial register: Nuremberg Local Court HRB 12369
Registered office: 91244 Reichenschwand
VAT ID no.: DE162295080

A purchasing contract shall be concluded with the LÖFFLER GmbH. Further information about us can be found in our imprint.

Hotline:
Should you have any questions, you can reach our hotline Mondays - Fridays from 8 AM to 5 PM under the telephone number 09151/83008-72.
 
§3 General / Contract conclusion

The following General Terms and Conditions shall apply to any orders placed through the online shop of the LÖFFLER GmbH, Rosenstraße 8, 91244 Reichenschwand, Germany (hereinafter referred to as "we") in the form valid at the time of the placement of the order. Deviating contractual terms of the customer shall not apply unless they are expressly accepted in writing in individual cases.

(1)       Customers may be both entrepreneurs or consumers.

A consumer is every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (Section 13 of the German Civil Code [Bürgerliches Gesetzbuch]).
An entrepreneur is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 of the German Civil Code).

(2)      The depiction of the products on the online shop do not constitute a legally binding offer but merely a non-binding online catalogue of the assortment of goods. By clicking on the button "Buy now," the customer will place a binding order for the goods in his shopping cart. Confirmation of receipt of the order will be sent by email without delay after submission of the order. The automatic acknowledgement of receipt merely documents that the order of the customer was received by us and does not constitute an acceptance of the request. A purchasing contract will only be concluded after we send a separate order confirmation in a separate email. The text of the contract will be saved under adherence to privacy regulations and the order data as well as these General Terms and Conditions will be sent to the customer.

(3)       Should the product selected by the customer not be available when placing the order, we will inform the customer of this without delay in the order confirmation. If a product is permanently unavailable, we will refrain from issuing an acceptance for the order. In this case, no contract will be concluded.
If the product described by the customer in the order is only unavailable temporarily, we will also notify the customer of this without delay in the order confirmation. In case of a delivery delay of more than two weeks, the customer shall have the right to withdraw from the contract. Statutory rights of withdrawal of the customer (see § 11 of these General Terms and Conditions) shall remain unaffected by this. Apart from that, we may also withdraw from the contract in such cases. We will then refund without delay any payments already made by the customer.

(4)      The contract language shall be German.

(5)      We do not offer products for sale to minors. Should you be under 18 years of age, participation by a legal guardian will be required.
 
§4 Delivery / Shipping costs

(1)       Deliveries within the EU shall be made without shipping charges. The period for delivery may vary for each country. The delivery times stated by us are based on the time of our confirmation of an order conditional upon previous payment of the purchasing price (except for purchases after delivery). Unless no or no deviating delivery times are stated on our online shop the delivery time shall be 10 days. Deliveries outside of the EU may entail import duties and taxes levied when the package reaches its destination. Any additional customs fees shall be borne by the customer; we have no influence on these fees.

(2)       Customs regulations may differ greatly among countries so that the customer should contact his local customs office for more information. For orders submitted to the LÖFFLER GmbH the customer will be considered as the party introducing the goods and must adhere to all laws and regulations of the country in which he receives the product. Protection of our customer data is important to us and we would like to make our customers aware of the fact that cross-border deliveries may be opened and inspected by customs authorities.

(3)      It must be noted that the manufacturer's warranty may not apply to products shipped internationally and service offers may not be available, instruction manuals and safety warnings may not be provided in the language of the country of destination and products (and equipment) may not be constructed according to the standards, specifications or labelling requirements of the country of destination.

(4)      Ordered goods will be delivered by freight forwarders. Unpacking or installation are not part of our requirements unless this was agreed to separately.

(5)      We may perform partial deliveries insofar as doing so is tolerable to the customer and if no additional delivery costs will be charged to the customer. We reserve the right to combine several ordered articles into a single delivery.

(6)       We only deliver by despatch. Furniture may be picked up from our main office in Reichschwand (near Nuremberg). We look forward to your visit and ask for prior registration. Our opening hours are Mondays to Fridays from 8 AM to 5 PM.

(7)       We do not deliver to packing stations.
 
§5 Customs clearance, fees and taxes

(1)       On customs forms for packages in countries outside of the EU the value of the articles included in the delivery is listed according to the product type. To simplify this procedure we reserve the right to make such statements for our customers or due to legal obligations.

(2)       Customs may offer packages for inspection. We cannot influence this.

(3)       Customs and import duties will be charged when the package arrives in the country of destination.

(4)       Fees for customs clearance shall be borne by the customer.

(5)       We have no influence on the fees and cannot predict their amount.

(6)       Customs regulations may vary significantly among countries. For further information, please contact your local customs office.

(7)       Customs authorities in some countries may demand special proof of identity from the importer of goods before a delivery can be approved. As the importer of the goods, the customer or the recipient of the goods may be required to provide an identification number, e.g. a national identification number, CPF or tax ID number.
 
§6 Payment

Payment can be made through an advance payment, PayPal, SOFORT Überweisung or credit card.

Details of the individual payment options can be found on our Payment Terms page.

(1)       Any prices are gross prices and include the respectively valid legal VAT.

(2)       We offer the payment options of advance payments, credit card, PayPal and SOFORT Überweisung. However we reserve the right not to offer certain payment options or to note other payment options that are without additional charges to you for each order. Claims to a certain method of payment shall not be granted.

(3)       We only accept payments from accounts within the European Union. Under no circumstances will we cover the costs of monetary transactions.

(4)       For purchases made via credit card your credit card account will be charged after the completion of the order.

(5)       If advance payment is selected as the payment method we will provide you with our bank account details in the order confirmation and deliver the goods after receipt of payment.

(6)       If the online provider PayPal is selected as the payment method you must be registered or must first register there. Log in and confirm the payment instructions to us (except for when using the service as a guest). You will receive further information during the order process.

(7)       If SOFORT Überweisung is selected as the payment method we will receive the transfer credit directly and the entire ordering process will be sped up. You only need a bank account number, bank code, PIN and TAN. Through the encrypted payment form of the SOFORT AG not accessible to dealers SOFORT Überweisung will make an automated transfer onto your online banking account in real time. The purchase amount will be immediately and directly transferred onto the bank account of the dealer.
Our service is free for you as a customer. Only the fees of your bank (transfer fees) will be charged.
At the end of the ordering process a prefilled form will appear. This will already contain our bank details. Furthermore this form will already display the transfer amount and the intended use.
You have to select the country in which you registered your online banking account and enter the bank code.
Then you must enter the same data as during your online banking registration (account number and PIN).
Confirm your order by entering the TAN. Directly afterwards you will receive a transaction confirmation.
In principle every Internet user may use SOFORT Überweisung as a payment method if they have an approved online banking account with the PIN/TAN procedure.
Please note that some banks does not yet offer SOFORT Überweisung. Further information about whether your bank supports this service can be found here: https://www.sofort.com/eng-DE/kaeufer/su/online-zahlen-mit-sofort-ueberweisung/.

§7 Retention of title

(1)       Any delivered objects shall remain the property of the LÖFFLER GmbH until complete payment of the delivered goods and any other goods of the same order.

(2)       Until complete fulfilment the customer must treat the goods with care and assure that any third parties who have access to the goods likewise treat them with care.
 
§8 Transport damages

(1)       If the customer is an entrepreneur (Section 14 of the German Civil Code) deliveries will be made at the risk of the customer. This also applies to partial deliveries.

(2)       If the customer is a consumer in the sense of Section 13 of the German Civil Code risk of accidental loss or deterioration of the sold items will only be transferred to the customer after the handover of the object even for sales shipments. It is irrelevant for the handover if the customer is in default with acceptance. The delivery will be made to the delivery address provided by the customer. We ask customers who are consumers in a legally non-binding manner to report any obviously visible transport damage to us.
 
§9 Warranty

In case of defects statutory warranty regulations shall apply.
 
§10 Damage compensation liability

 (1)      Claims of the customer for damage compensation shall be excluded. However this does not include damage compensation claims for injuries to life, the body or one's health or from breaches of essential contractual obligations as well as liability for other damages resulting from intentional or grossly negligent breaches of duty by the provider or his legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfilment is necessary for the achievement of the aims of the contract.

(2)       In case of breaches of essential contractual obligations, the provider shall only be liable for foreseeable damages typical to the contract if they were caused through simple negligence unless the damage compensation claims of the customer result from injuries to life, the body or one's health.

(3)       The restrictions of Paragraphs 1 and 2 shall also apply to the benefit of legal representatives or vicarious agents of the provider if claims are asserted directly against them.

(4)       The regulations of the German Product Liability Act [Produkthaftungsgesetz] shall remain unaffected.
 
§11 Right of revocation

(1)       Consumers shall be entitled the right of revocation described hereafter:

Right of revocation

You have the right to revoke the contract within fourteen days without stating reasons.
The revocation period shall be fourteen days from the day
In case of a purchase contract: in which you or a third party designated by you who is not the forwarder took possession of the goods or;
In case of a contract for several goods that you ordered as part of a uniform order and that are delivered separately: in which your or a third party designated by you who is not the forwarder took possession of the goods or;
In case of a contract for the delivery of goods in several partial deliveries or pieces: in which you or a third party designated by you who is not the forwarder took possession of the last partial delivery or the last piece.
To declare your right of revocation, you must submit a clear declaration of your decision to revoke this contract to us (LÖFFLER GmbH, Rosenstraße 8, 91244 Reichenschwand, Germany, Fax: +49 (0) 91 51 – 83 00 8-88, Tel. +49 (0) 91 51 – 83 00 8-72). You may use the included sample revocation form but this is not required. To meet the revocation deadline it is sufficient for you to send your declaration of the exercise of your right of revocation prior to the expiration of the revocation period.

Consequences of revocation

If you revoke this contract we must repay any payments we received from you without delay within fourteen days of the date on which we received on which we received the notice of your revocation of the contract. We will use the same payment method for the refund that you used for the original transaction unless we expressly agreed to something else with you; under no circumstances will you be charged a fee for such refunds.

We may refuse to issue refunds until the goods have been returned to us or you prove that you sent the goods back to us, whichever occurs first.

You must return the goods without delay and in any case within fourteen days of the day on which you notified us of your revocation to the LÖFFLER GmbH Rosenstraße 8 - D-91244 Reichenschwand, Germany - Email: shop@loeffler.de – Tel.: +49 (0) 91 51 – 83 00 8-72 - Fax: +49 (0) 91 51 – 83 00 8-88. This deadline shall be met if you send the goods prior to the expiration of the fourteen-day period.
We shall bear the direct costs of the return.
You will only be required to cover the loss of value of goods if the loss of value is due to treatment of the goods by you that is not necessary for assessing the condition, qualities or functionality of the goods.

(2)       Consumers may return goods voluntarily for up to 31 days after receipt of the goods:

In addition to the statutory right of revocation described above we grant the customer a voluntary return guarantee of 31 days after receipt of the goods.

The customer may also withdraw from the contract after the expiration of the fourteen-day revocation period by sending the goods back to us within 31 days of their receipt (beginning from the day after the receipt of the goods) if the goods are in their complete original packaging and undamaged. Sending the goods on time shall be sufficient for meeting the deadline.

Goods must be returned to: LÖFFLER GmbH Rosenstraße 8 - D-91244 Reichenschwand, Germany.
Should the product be returned after the expiration of this period or if it was used or damaged beyond normal use or is not returned in its original packaging we shall reserve the right to refuse its return and to deny refunds for it.
The contractually granted voluntary return guarantee shall leave the legal rights and claims of the customer unaffected. Especially the statutory revocation right and the legal guarantee claims of the customer shall remain in place without limitation.

(3)       Customers who are not consumers in the sense of § 1 of these GTC shall receive no rights of revocation.

(4)       The provider shall use the sample revocation form for notifications in accordance with statutory regulations.
 
 
As of 6 July 2017