GTC
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (LODEN-FREY Verkaufshaus GmbH & Co. KG) via the www.lodenfrey.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Before submitting the order, you have the option of checking all details again, changing them (also using the "back" function of the Internet browser) or canceling the purchase.
The goods intended for purchase are stored in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Before submitting the order, you have the option of checking all details again, changing them (also using the "back" function of the Internet browser) or canceling the purchase.
By sending the order via the "Buy" button, you are submitting a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (shipping confirmation).
If you have not received a corresponding message, you are no longer bound by your order. In this case, any services already rendered 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 is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on the payment methods offered
(1) Credit check
If we make advance payments, e.g. for payment on account or direct debit, your data will be forwarded to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, Germany, for the purpose of credit assessment on the basis of mathematical-statistical procedures in order to safeguard our legitimate interests. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.
(2) Additional general terms and conditions and Riverty's data protection notice.
In order to be able to offer you attractive payment methods, we work together with Riverty GmbH, Gütersloher Str. 123, DE-33415 Verl (hereinafter "Riverty"). If an effective purchase contract is concluded between you and us when using a Riverty payment method, we assign our payment claim to Riverty. When using the Riverty payment method purchase on account, we assign our payment claim to Riverty's partner bank. If you choose one of the Riverty payment methods offered here, you consent to the transfer of your personal data and that of the order to Riverty for the purpose of identity and credit checks and contract processing. All details can be found in the additional General Terms and Conditions and the data protection notice for Riverty payment methods, which are part of these General Terms and Conditions and always apply when you choose a Riverty payment method.
§ 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 shall remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory warranty rights 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. If you fail to do so, this shall have no effect on 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 the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not deprive the consumer of the
Schutz of the state of the consumer's habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law.
are. 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 abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. identity of the seller
LODEN-FREY Verkaufsshaus GmbH & Co KG
Maffeistrasse 7
80333 Munich
Munich, Germany
Phone: +49 89-2 10 39-900
E-mail: service@lodenfrey.ch
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contract language is German.
3.2 The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the
order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. codes of conduct
4.1 We have subjected ourselves to the quality criteria of Händlerbund Management AG and thus 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. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6 Prices and terms of payment
6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised.
6.3 Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.4 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.5 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. terms of delivery
7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
8. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drawn up by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity.
Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service.
Last update: 20.02.2025