Terms & Conditions

GENERAL TERMS AND CONDITIONS – B2C END CONSUMER

(As at 16th of April 2020)

1. Validity

These general terms and conditions apply to any and all use of this website (www.loeffler-shop.ch/en). They apply, in particular, to any order placed and to all other business relations between Löffler GmbH (FN 113126 m), Südtiroler Straße 41, A-4910 Ried im Innkreis, and the customer concerning products of any kind ordered by the customer on the online shop: www.loeffler-shop.ch/en. These provisions of the general terms and conditions constitute the current version. In case changes are made to these general terms and conditions, the version published on our website at the time of the order will apply.

A “consumer” is a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz) and thus a natural or legal person who/which is not a trader. “Traders” are natural or legal persons or partnerships with legal capacity for whom/which the contract in question contributes to the operation of their undertaking. Undertakings are any permanently established organisations pursuing independent business activities, even if not for profit. Customers are both consumers and traders.

This document can be printed out, saved and downloaded as a PDF. Any terms and conditions which differ from, conflict with or supplement these terms and conditions do not form part of this agreement, even where their existence is known, unless we have explicitly agreed to their validity.

2. Links, references and rights

Although all information on this website has been carefully researched, we are nevertheless unable to rule out completely the possibility of mistakes or clerical errors. Links to third party sites merely represent references thereto. We do not associate ourselves with the content of third party sites to which we link or make reference. Liability only exists in respect of pages to which we have linked and/or to which reference is made to the extent provided for under Section 17 of the Austrian E-Commerce Act (E-Commerce-Gesetz). If sites to which we have linked and/or to which reference is made are found to contain illegal content, we kindly request we be notified thereof and we will delete the link/reference after verifying that said content is illegal.

We reserve all rights, especially trademark rights and copyright, to the entire content of this website, in particular trademarks, logos, texts, graphics, photographs and layout. Except where use is permitted by mandatory law, any use of the content of this website, in particular its storage and inclusion in databases, or its reproduction, distribution or processing, shall require our prior written consent. All images used are symbolic representations of the product.

3. Conclusion of contract

Our offers are subject to change and non-binding. We reserve the right to make technical or other changes insofar as this is reasonable. It is only possible to place orders on the online shop over the internet by using the interface provided on www.loeffler-shop.ch/en. The website is only available in German and English.

Prior to placing an order, the customer must – if need be – create a password and provide his date of birth and telephone number in the fields provided in the online shop, in addition to providing his name, address and email address, thereby enabling him to receive, read, save and print out emails from us.

By placing an order on the online shop by clicking on “Order with an obligation to pay”, the customer offers to enter into a contract to purchase the goods in the shopping basket. We will immediately confirm receipt of the order by email. However, this confirmation of receipt of the order does not constitute acceptance of the offer. The confirmation of receipt of the order only constitutes a declaration of acceptance if we explicitly state this to be the case. We are entitled to accept the order placed for the goods within three working days (Monday to Friday) of receipt of the order, whereby this acceptance can also be effected by dispatching the goods ordered. We are entitled to refuse acceptance of the order; for instance, after checking the customer’s creditworthiness.

In principle, only items that can be delivered can be ordered on the online shop. Nevertheless, should individual items not be deliverable, we will contact you by email and give you the option of selecting other items. If you do not select any replacement items or cannot be reached by email, the contract for the items which can be delivered will be concluded. There is no minimum order value. The maximum order value (value of goods excluding shipping costs) is EUR 5,000.00 (five thousand euros).

In case of the non-availability or only partial availability of the goods ordered, we reserve the right to refuse the order and not provide any service. In such cases, the customer shall be informed immediately. Any consideration already paid shall be reimbursed forthwith.

On account of the order being placed electronically, the contract text is saved by us and sent to the customer by email following conclusion of the contract, along with the legally effective general terms and conditions and the information for customers, including the withdrawal form.

For technical reasons, the goods delivered may differ from the product images on our website (e.g. in terms of colour).

4. Dispatch of goods, transfer of risk and delay

We only deliver to the countries specified on our website (www.loeffler-shop.ch/en/shipping-payment-conditions) and to those which can be selected when the order is placed online.

For details on the order process, the options available on the online shop and dispatch, please see the relevant information provided on our website: www.loeffler-shop.ch/en/shipping-payment-conditions. The goods ordered by the customer are shipped by us or by a carrier commissioned by us (e.g. a parcel or express service provider).

 As a rule, orders are shipped within three working days (dispatch) of acceptance of the order. A Customer in Austria, the Czech Republic, Germany, Hungary, Italy, Belgium, the Netherlands, Luxembourg, Slovakia and Slovenia should as a general rule expect to take delivery of the goods ordered within five days of acceptance of the order (delivery time).

Saturdays do not count as working days. Statements regarding delivery times are purely informative.

We are entitled to perform partial deliveries at all times provided this is reasonable for the customer. Where partial deliveries are made by us, we shall assume the additional shipping costs. The customer shall immediately be informed in the event of any delay in delivery.

If the customer is a trader, the risk of accidental loss and of accidental deterioration of the goods and of theft of the goods shall, in the case of a sale involving the carriage of goods, pass to the customer at the time at which the goods are handed over to the person entrusted with the carriage of the goods.

If the customer is a consumer, the risk of accidental loss and of accidental deterioration of the goods and of theft of the goods shall, in the case of a sale involving the carriage of goods, pass to the consumer at the time at which the goods are delivered to the consumer or a third party specified by the consumer who is different from the carrier.

However, the risk of accidental loss and of accidental deterioration of the goods and of theft of the goods shall in any case pass to the customer if the customer is in default of acceptance, at the very latest.

In the event of a delay in delivery, the customer may withdraw from the contract after having set an appropriate grace period of at least five days. Saturdays do not count as working days. Where the provision of our services is dependent upon the cooperation of the customer, such services shall only be provided if and to the extent that the customer has fulfilled its duties and/or obligations.

5. Prices, payment terms, shipping costs and method

The only prices that are valid are those listed on our website. The prices offered on the website are valid until further notice. Prices are subject to change, quoted in euros and shown as gross prices including all taxes, in particular VAT at the applicable rate. Limited special offers for individual goods will be shown as such on our website. The customer incurs no additional costs for using our website to place an order.

We charge shipping costs on top of the prices offered for the goods in question. For more details on shipping costs and methods, please see the relevant information provided on our website at www.loeffler-shop.ch/en/shipping-payment-conditions. For information on the respective level of costs, our service team is also available and can be reached on +43 (0) 7752 / 84421 / 444 or you can contact us by email: onlineshop@loeffler.at.

The customer can pay by advance payment, SOFORT.com, PayPal or by using a MasterCard or VISA credit card. For more details on payment options and procedures, please see the relevant information provided on our website at www.loeffler-shop.ch/en/shipping-payment-conditions.

Payment is processed via our contract partner Wirecard Eastern Europe GmbH. The customer is kindly asked to observe its general terms and conditions as part of the payment process. Any payment (or repayment) claims which the customer may have will be immediately credited to his account or credit card. We reserve the right to exclude individual payment methods.

The customer shall receive a detailed invoice by email.

6. Place of performance

Unless agreed otherwise, the place of performance for all services provided under this agreement shall be our registered office.

7. Reservation of title

We retain title to the goods until such time as payment of the purchase price is made in full. The customer shall treat the goods with care for the duration of the period during which title is retained. The customer shall inform us immediately in writing of any seizure of the goods by third parties, in particular enforcement measures, as well as any damage to or destruction of the goods. The customer shall notify us immediately of a change in ownership of the goods, as well as any change in its own address. The customer shall compensate us for all damage and costs resulting from an infringement of these obligations and from intervention measures that are necessary to protect against seizure of the goods by third parties. In the event the customer acts contrary to the terms of the agreement, in particular in the case of breach of the aforementioned duties, we are entitled to withdraw from the contract and demand return of the goods. We are entitled to demand the immediate return of all goods to which we have retained title if circumstances arise which show that the customer is experiencing payment difficulties, in particular where an application has been made to a court for the opening of insolvency proceedings against the assets of the customer or such an application is rejected due to a lack of assets or where payment default results from other legal transactions. The taking back by us of the goods subject to reservation of title does not constitute withdrawal from the contract, which means that all of our rights arising from the legal transaction continue to exist, including the right to demand compensation for non-performance.

8. Warranty

Any customary and technically unavoidable deviations in the goods delivered (e.g. in terms of quality, colour, length, finishing and design) from product images or descriptions provided on our website and/or in our catalogues do not constitute defects.

In principle, the customer may choose between improvement or replacement. We are entitled to refuse the chosen remedy if it proves impossible or would impose a disproportionate burden on us compared with other remedies. In the case of traders, we provide a warranty for defective goods initially at our option by means of improvement or replacement.

If improvement is not possible or feasible, the customer may demand a reduction in the price or, provided that it does not concern defects merely of a minor nature, cancellation of the contract, at the customer’s option.

Traders must immediately inspect the goods supplied for defects within a reasonable period and notify us of this in writing within one week of receipt of the goods, otherwise the assertion of warranty claims is excluded. Latent defects shall be notified to us in writing within a period of one week of their discovery. The deadline for notifying defects is met if notification is given in a timely manner.

The trader shall bear the full burden of proving all prerequisites for the claim; this shall include in particular the defect itself, the time at which the defect was discovered, and timely notification of the defect.

The warranty period for consumers is two years from the date on which the goods are delivered. The warranty period for traders is one year from the date on which the goods are delivered.

We give no assurances or guarantees to our customers in the legal sense. Any third party guarantees remain unaffected by this. Claims under the guarantee shall be filed with the guarantor (the manufacturer or sometimes even the seller, if this is the manufacturer) in accordance with these provisions. The statutory warranty is not restricted if the guarantee is invoked.

In terms of the quality of the goods, only the manufacturer’s product description is deemed to have been agreed. Moreover, any public statements and/or marketing or advertising undertaken by the manufacturer do not constitute contractual qualities of the goods.

9. Complaints

In case of complaints, we ask you to contact the Löffler online shop hotline by calling +43 (0) 7752 84421 444 or by sending an email to onlineshop@loeffler.at. The Löffler Customer Service Team is available Monday to Friday from 08:00 to 17:00.

10. Limitation of liability and release from liability

Outside the scope of application of the Austrian Product Liability Act (Produkthaftungsgesetz), our liability is limited to wilful intent and gross negligence.

Our liability for slight negligence is excluded. Likewise, our liability for consequential damage, financial loss, unrealised savings, loss of interest and damage resulting from third party claims against the customer is excluded.

The aforementioned limitations on our liability do not apply in the event of physical injury and damage to health for which we are responsible and in the event of the loss of the customer’s life. Likewise, this also applies if the damage results from dangers that neither are typical for the legal relationship nor were foreseeable given the special circumstances of the individual case. Further, the aforementioned limitations on our liability do not apply with regard to consumers in the case of damage to items entrusted to us for processing purposes.

11. Force majeure

In cases of force majeure and other events for which we cannot be held responsible, such as operating, traffic, transport, data transfer and energy supply disruptions, and strikes and lock-outs, we are entitled to extend the delivery date by an appropriate period without being in default.

12. Right of withdrawal of the consumer and the consequences of withdrawal

12.1      Right of withdrawal of the consumer

Consumers have the right to withdraw from purchase agreements.

The withdrawal period is fourteen calendar days:

  • in the case of contracts for the sale of goods, from the day on which the consumer has acquired possession of the goods or
  • in the case of multiple orders or partial delivery, the day on which the consumer has acquired possession of the final item.

To exercise your right of withdrawal, you must email an unequivocal declaration of withdrawal to onlineshop@loeffler.at or send it to us by fax or post or inform us verbally (by telephone), stating your name, your address and – if you have one – your telephone number. You may make use of the standard form which is provided on www.loeffler-shop.ch/en (withdrawal form). For the purposes of meeting the deadline, it is sufficient if you send off the declaration of withdrawal prior to the expiry of the 14-day withdrawal period.

Written withdrawal should be sent to the following address:

Löffler GmbH
Südtiroler Straße 41
4910 Ried im Innkreis
Austria

Email: onlineshop@loeffler.at

Fax: +43 (0) 77 52 / 84 421 – 9193
Telephone: +43 (0) 77 52 / 84 421 – 444

Withdrawal form: www.loeffler-shop.ch/en/withdrawal-form

 

12.2      Consequences of withdrawal

The goods must be properly packed by you and returned together with the original invoice within fourteen days of the date on which you communicate your withdrawal. The deadline for communicating your withdrawal is deemed to have been met if the goods are dispatched within the withdrawal period.

You shall bear or reimburse to us the costs incurred in connection with returning the goods. This is understood to mean the transport costs and applies even if delivery to you was made by us free of charge.

You shall compensate us for a reduction in the market value of the goods if this diminished value is attributable to the handling of the goods other than what is necessary to ascertain the nature, characteristics and functioning of the goods.

We shall reimburse to you any payments already received at the same time as the performance required from you (return of the goods received, appropriate payment for use, compensation for the reduction in market value), whereby we are entitled to offset any performance owed by you against payments already received. To effect repayment, we will use the same means of payment used by you to complete the original transaction unless expressly otherwise agreed with you; on no account will you be charged a fee by us for this repayment. We may refuse to reimburse payments made until such time as the goods are once again in our possession or until you have furnished proof that you have sent the goods back to us, whichever is the earlier.

There is, in particular, no right of withdrawal in the case of orders placed for goods which have been manufactured according to the customer’s specifications or which have been tailored to the personal needs of the customer.

13. Data protection and cookies

The customer agrees to the automatic processing of the personal data he provides and of the data relating to his order placed via the online shop for the purposes of marketing and the provision of customer service by Löffler GmbH. The following applies:

Data processing: We ask you to provide only the personal information that is absolutely necessary for the purpose of fulfilling the order; this includes your name, address and email address, and where necessary, your date of birth and telephone number. Payment-relevant customer data will not be collected. The data provided will be used exclusively for the purpose of fulfilling the order and/or, where appropriate, for the purposes of internal marketing and customer service (see “Marketing/mailings” below). In order for the goods to be delivered, the customer’s name and address must be forwarded to logistics partners. Furthermore, data is not transmitted to third parties unless this is necessary for the execution of an order.

To take full advantage of the information provided by Löffler on Facebook and on other social networks, it is – as a general rule – necessary to register and accept the respective conditions of use, for whose content we are not responsible and accept no liability. The customer is asked to check these terms and conditions carefully before accepting them.

Right to information/blocking/deletion: The customer has at all times the right to information and to demand that the data kept on him be corrected, blocked or deleted. Queries in this regard can be made by sending an email to us at the following email address: onlineshop@loeffler.at, or by posting a letter to the business address specified under the company details section of our website. This right is only restricted insofar as to enable us to suspend deletion for the purpose of safeguarding our rights.

Marketing/mailings: Email address and telephone number data may only be used for marketing purposes on special request and with the consent of the customer and this is not a precondition for the conclusion of a contract. Such a declaration of consent may be revoked by the customer at any time free of charge. Declarations of withdrawal may be sent to onlineshop@loeffler.at stating your full name or they may be sent by post to the business address specified in section 17. In addition, contact details for those wishing to revoke their declaration of consent are provided at the end of each newsletter.

Cookies are small pieces of information which are stored either in a web browser or on the customer’s hard drive. These cookies allow us to ensure that only the customer in question can see and make changes to his data and they enable us to offer services such as online shopping or to provide access to information in the personalised area of the website. Most internet browsers give the user the possibility to control the use of cookies and, if need be, delete them at any time. However, the customer is kindly asked to note that in the event cookies are deactivated the customer will not be able to place orders online or make use of the personalised area of the website.

Data protection declaration for the use of Facebook plugins (Like button):

Plugins for the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA, are integrated into our website. You can recognise the Facebook plugins by the Facebook logo or the “Like button” on our website. You can find an overview of the Facebook plugins here: http://developers.facebook.com/docs/plugins/.

If you visit our website, the plugin will create a direct connection between your browser and the Facebook server. Thus Facebook is informed that you, on the basis of your IP address, have visited our website. If you click on the Facebook “Like button” while you are logged into your Facebook account, you can link the content of our website with your Facebook profile. As a result, Facebook can associate your visit to our website with your user account. We wish to point out that as the website provider we do not receive any information on the content of the data transmitted or its use by Facebook. You can find further information in this regard in Facebook’s privacy statement: http://de-de.facebook.com/policy.php. If you do not wish Facebook to associate your visit to our website with your Facebook user account, please log out of your Facebook user account.

Plugins for other social networks are integrated into or linked to our website; for instance, via the bookmarking service “AddThis”. We wish to point out that comparable data use takes place, such as on the basis of the Facebook plugin described. Details can be found in the respective privacy statement of the social network in question, about which the customer must inform itself. We have no influence on the way in which such data is used and all liability in this respect is excluded.

Data protection declaration for the use of Google Analytics:

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses what are known as “cookies”, i.e. text files stored on your computer which make it possible to analyse your use of the website. The information generated by the cookie concerning your use of this website (including your IP address) is transferred to and stored on a server operated by Google in the United States. Google will use this information to evaluate your use of the website, to produce reports on website activities for the website operators and to provide other services related to the use of the website and the internet. Google will also transfer this information to third parties where this is prescribed by law or if third parties process this data on Google’s behalf. Google will not associate or link your IP address with or to any other data held by Google.

You can prevent the installation of cookies by changing your browser settings accordingly; however, we wish to draw your attention to the fact that by doing so you will not be able to take full advantage of all of the functions of this website. By making use of this website, you hereby agree that Google may process the data it collects on you in the manner and for the purpose described above.

You can take measures to prevent cookies being saved on your hard drive and web beacons being displayed; however, we wish to point out that by doing so you will not be able to take full advantage of all of the functions of this website. To do this you must select “Disable cookies” in your browser settings (in Internet Explorer, go to Tools → Internet options → Privacy → Settings; in Firefox, Chrome and the like, go to Tools → Settings → Privacy → Cookies). Furthermore, by clicking on the following link you can download and install a browser plugin which will enable you to prevent Google from collecting the data generated by the cookie, which relates to your use of the website (including your IP address), and prevent Google from processing such data: http://tools.google.com/dlpage/gaoptout?hl=de.

14. Services rendered by third parties

We may use third parties to provide our services or to safeguard rights or obligations under this agreement.

15. Jurisdiction, choice of law

It is agreed that all disputes directly or indirectly arising from the agreement shall be subject to the competent Austrian court which has local and subject-matter jurisdiction for our registered office; however, this shall only apply to consumers if and to the extent the consumer has his residence, habitual abode or place of employment in this court district or if the consumer lives abroad. In respect of contracts with consumers from a Member State other than Austria, the consumer may choose between the court with jurisdiction for the area in which the consumer resides and the Austrian court which has local and subject-matter jurisdiction for our registered office.

This contract is exclusively governed by and construed in accordance with Austrian law; however, this shall only apply to consumers insofar as the protection afforded by the mandatory legal provisions of the state in which the consumer is ordinarily resident is not withdrawn. The conflict-of-law rules of international private law and the United Nations Convention on Contracts for the International Sale of Goods are herewith excluded.

16. Severability clause

Should individual provisions of the contract concluded with the customer including these general terms and conditions be or become invalid or unenforceable either in whole or in part, this will not affect the remainder of the contract. The partially or entirely invalid clause shall be replaced by one which comes as close as possible to the economic success of the invalid one being replaced.

17. Online platform of the European Commission

Since February 15, 2016, the European Commission provides a platform for out-of-court online dispute resolution (referred to as the ODR Platform). This gives the consumers the possibility to be clear disputes in connection with their online order first without the intervention of a judge. The dispute resolution platform is reachable under the external link http://ec.europa.eu/consumers/odr.

18. Statutory duties to provide information

The owner of this website and the contracting party for online orders is:

Löffler GmbH
Südtiroler Straße 41
4910 Ried im Innkreis
Austria

Telephone: +43 (0) 77 52 / 84 421 – 0
Fax: +43 (0) 77 52 / 84 421 – 9193

Website: www.loeffler.at
Email: office@loeffler.at

Commercial Register No.: FN 113126 m

Commercial Court of Registration: Regional Court acting in its capacity as the Commercial Court of Ried im Innkreis

Object of the company:

  1. a) the manufacture of all manner of clothing and textiles and the trade in such products;
  2. b) the production of machines to manufacture all manner of clothing and textiles and the trade in such machines;
  3. c) the acquisition and development of intellectual property rights;
  4. d) the provision of automatic data processing and IT services;
  5. e) the operation of an advertising agency.

The company can establish branch offices in Austria and abroad, acquire undertakings of the same or a similar kind, hold shares in such companies or take over their management.

The company is entitled to conduct any business and adopt all measures which directly or indirectly serve the purpose of the company.

Year founded: 1973

Management: Mag. Otto Leodolter

Ownership structure: 100% Fischer Beteiligungsverwaltungs GmbH

Supervisory authority: District Commission of Ried im Innkreis

Chamber: Austrian Federal Economic Chamber, Trades and Crafts Division

Statutory provisions: Trade regulations (http://www.ris.bka.gv.at)

Media owner: Löffler GmbH

Basic purpose of this website: This website www.loeffler-shop.ch/en serves to advertise and sell the goods and services marketed by Löffler and to advertise the business.

VAT Reg. No.: ATU 37019301

Data Processing Register No.: 0035009

 

Löffler Customer Service

Monday to Friday from 08:00 to 17:00
Email: onlineshop@loeffler.at

Phone: +43 (0) 77 52  84 421 – 444 (at the basic rate)