B2C SALES TERMS & CONDITIONS Of LOWA SPORTSCHUHE GMBH

Lowa Sportschuhe GmbH
Hauptstrasse 19
85305 Jetzendorf
Germany

1. SCOPE OF APPLICATION, DEFIN­ITIONS, LIMIT­ATIONS

1.1 The following general terms and conditions (“General Terms”) shall apply to all online sales and deliveries made by LOWA Sportschuhe GmbH for sales to Consumers and Companies only as here­inafter defined via diverse web site and/or instant browser commu­nication tools, as the case may be, here­inafter collectively referred to as “Commu­nication Tools”.

1.2 “Consumers” are in a legal sense natural persons of legal age with a minimum age of 21 years entering into an online purchase trans­action for their strict own private purposes as defined in Sect. 13 of the German Civil Code (here­inafter “BGB”). Shoes, which are offered for sale by Lowa for commercial PPE-related use are specifically marked.

1.3 “Companies” are in a legal sense natural or legal persons/ commercial entities entering into an online purchase trans­action acting in their role as a commercial or inde­pendent business entity as defined in Section 14 BGB, but purchasing Lowa products for their own purposes and usages only, which excludes any resellers of the Lowa products same as the product sector personal protective equipment (PPE).

1.4 “Customer(s)” and/or “you” as collectively referred to herein are Consumers and Companies in terms of Clauses 1.2 and 1.3 above.

1.5 Excluded from the application of these General Terms and the corres­ponding online sales on this basis are all commercial resellers of Lowa®-products, same as the complete product segment of those Lowa® shoes, which are used commer­cially or profes­sionally and consequently fall within the category of personal protective equipment (PPE) on the grounds of EU Regu­lation 2016/425. These require an addi­tional CE-Certi­ficate, which is not needed for the other product portfolio of Lowa. Consequently LOWA sells in its online webshop only products, which are exclusively reserved for private usage purposes.

1.6 The Commu­nication Tools and their content are provided free of charge and ‘as is’ without any warranties of any kind. The information provided therein is for general information purposes only and does not constitute advice.

1.7 We do neither represent nor warrant that the information contained in our diverse Commu­nication Tools are accurate, complete or current, or that the Commu­nication Tools are free of viruses or any other harmful components. Further, we will not provide for specific IT infra­structure or connectivity. Thus, we cannot represent or warrant that the usage of the Commu­nication Tools will be unin­ter­rupted or error free. Moreover, we do not make any warranties or repres­ent­ations regarding the use of the content on the Commu­nication Tools in terms of adequacy, usefulness, correctness, accuracy, timeliness, reli­ability or otherwise, in each case to the fullest extent permitted by applicable laws.

1.8 Any use of the Commu­nication Tools is at the Customer’s own risk. Neither Lowa, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website and/or the App will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use the content on the Commu­nication Tools, including damages caused by viruses or any incor­rectness or incom­pleteness of the information on the Website and/or the App or the performance of the products or otherwise arising out of or in connection with these General Terms and Conditions. Customers are strictly prohibited from using the Commu­nication Tools to post or transmit any information and content which infringes or may infringe third party intel­lectual property rights or any mandatory applicable laws or regu­lations including yet without limitation any information and content which is threatening, defamatory, false, discrim­inating, illegal, offensive and the like and which could be viewed as violating the rights of any third party. Lowa reserves the right to deny a visitor including any Customer access to the Commu­nication Tools at any time in its sole reas­onable discretion, when it considers any use thereof as breach of these General Terms.

1.9 Online sales and deliveries to Companies will only be accepted by us if the articles ordered are for the Customer’s personal use only and are limited to the quantities set forth in Clause 4.1 below of these General Terms.

1.10 When placing an order via the Commu­nication Tools, the Customer can access the General Terms via the links provided in the Online Store, download and save them on its elec­tronic device and/or print them out. These General Terms will be sent to each Customer on a durable medium once an online purchase has been made (e.g. as an e-mail with a pdf attachment). By accessing and using Commu­nication Tools, the Customer grants its consent to the applic­ability of these General Terms in their entirety in addition to any other law or regu­lation that applies to the Commu­nication Tools. If a Customer does not agree to the applic­ability of the General Terms, it is required to leave the respective Commu­nication Media imme­diately.

2. CONTRACT PARTNER

Your contract partner with respect to all B2C Online Sales is:

Lowa Sportschuhe GmbH
Hauptstrasse 19
85305 Jetzendorf
Germany
Managing directors: Ruggero Giancarlo Zanatta, Werner Riethmann, Alexander Nicolai; Sales tax ID no. DE 131013898 Tel: +49(0)8137–999444 E-Mail: webshop@Lowa.de Regis­tration Ingolstadt District Court: HRB 172614 Ingolstadt

3. OFFERS AND SALES CONTRACT CONCLUSION

3.1 Our offers merely constitute a non-binding invitation to Customers to order goods in our Lowa B2C online shop. By ordering the respective goods, the Customer is making on its part a binding offer to us for the conclusion of a sales contract. Such offer will become only mutually binding when we are accepting it by forwarding a text confirmation by e-mail to the Customer within a time period of seventy-two (72) hours at maximum (here­inafter “the Order Confirmation Mail”). Otherwise the respective offer shall be deemed rejected by us. If several items are included in an order, a purchase contract is only created in respect of the items expressly referenced in the Customer order and our subsequent Order Confirmation Mail.

3.2 When you found the article you are seeking to purchase online, you can place it without commitment in your basket by clicking on the 'Add to basket’, “buy now” or the like button. You are free to remove the chosen article from the basket by clicking on the 'Remove Article’ button. If you wish to purchase the item in the basket, click on the 'Buy Now’ button. Then log in or create a Customer account. Altern­atively, you can complete your purchase as a guest, in which case you will have to re-enter your personal details for each new order you place in the future. Compulsory fields are marked with a red asterisk (*). Once you have entered your data, select your preferred dispatch method and payment method, you will then see a detailed summary of your order, the grand total including freight cost and a breakdown thereof. The details you have entered can be modified and/or amended by clicking on the 'Edit’ button. You are then required to finalize your online purchase by clicking on the 'Complete your purchase’ button. Up until this point, the online purchase can be discon­tinued at any time by simply just closing any of the Commu­nication Tools you are using.

3.3 We reserve the right to conduct an indi­vidual credit check for each order in accordance with our Lowa Privacy Statement
( see https://lowa.com/legal/privacy). Depending on the results of this check, we shall also be entitled to refuse certain methods of payment.

4. CANCEL­LATION OF ORDERS BY LOWA

4.1 If Lowa is unable to accept the Customer’s order in whole or in part for any reason (including any of the reasons described in this Clause 4.2 or otherwise set forth herein, we will inform the Customer thereof by e-mail. A maximum order quantity of three (3) pairs of shoes applies to each closed order.

4.2 We are entitled to cancel the order of a Customer out of substantial reasons, in particular yet without limitation in the following circum­stances:

4.2.1 we are unable to obtain author­ization for the Customer’s payment and/or have reasons to believe that the respective intended online purchase could be an illegal or fraudulent activity, which includes orders by a Customer where the quantity or ordered articles is higher than the usual quantities for private households or own usages, or where identical subsequent orders are
placed, respectively or orders in unusual quantities to be sent to identical delivery addresses or the like;
4.2.2 the Customer does not meet the qual­i­fic­ations and criteria set forth in these General Terms;
4.2.3 we detect an obvious unmis­takable error relating to the description and/or the price of an ordered article, further, no rights of a Customer can be derived from typing errors, product descriptions or manifest errors in general on any of the Commu­nication Tools.
4.2.4 an article ordered by the Customer is unfore­seeably out of stock or otherwise non-available;
4.2.5 where we know or reas­onably suspect the respective order was made with the assistance or involvement of any software, robot, crawler, spider or by applying other automated method;

4.3 Orders will only be accepted by us for deliveries within the European Union and the European Economic Area.

4.4 In the event of cancel­lation by Lowa, we will inform the respective Customer without delay and in the event it has already received articles from us, which are subject of cancel­lation, the Customer is obliged to return these articles to us in accordance with our return policy as set forth in Clause 5.4 below against refund of payment for the said articles already received by us and reim­bursement of delivery cost, if already incurred on part of the Customer. Any addi­tional claims of the Customer are excluded, e.g. if the Customer is not able to start a planned trekking trip due the non-execution of its order, or the like.

5. CANCEL­LATION POLICY AND PROCEDURE FOR OUR CONSUMER CUSTOMERS

5.1 Our Consumer Customers have the right to cancel an order and the respective purchase contract within fourteen (14) days (or within any other cancel­lation period as prescribed by mandatory applicable laws) from the date where the Consumer, or a third party being not the carrier, have taken receipt of the last item of the order concerned.

5.2 To exercise the cancel­lation right, the Consumer shall inform us,
Lowa Sportschuhe GmbH
Hauptstrasse19
85305 Jetzendorf,
Tel.: +49 – (0)8137 999 444,
E¬mail: www.webshop@Lowa.de
about its decision to that effect by stating clearly to cancel the respective order by indicating the order and customer number concerned (here­inafter “the Cancel­lation Statement”). The Consumer may use the following template, but this is not obligatory:

· To: Lowa Sportschuhe GmbH
Hauptstrasse 19
85305 Jetzendorf
Germany

· Statement: I/we give you by notice that I/we withdraw from my/our contract of sale of the following articles:

                ____________________________ 
                ____________________________
                ____________________________ 

                Ordered on: ___________________________ 

                Order No.:   ___________________________

                Name of Customer: _____________________ 

               Address of Customer: ____________________ 

               Date:  _________________________________ 

It is only required that the Cancel­lation Statement is provided prior to the expiration of the fourteen-day period set forth in Clause 5.1 above.

5.3 We will refund without delay after receipt of the Cancel­lation Statement within ten (10) working days to the Consumer all payments received pertaining to the respective canceled order, which include also the delivery costs, yet save those, which have been caused by the Consumer decision to choose a different delivery method than our standard delivery. The refund will be made by us without charging any addi­tional cost or fees by applying the same payment method, the respective Consumer has used for payment of the canceled order, unless expressly agreed otherwise for such refund. Any refund is condi­tional upon the receipt of the returned articles or upon the Consumer’s proof that it has in fact returned them, whichever is sooner.

5.4 The Consumer is required to return or to hand over the respective articles imme­diately or within a time period of fourteen (14) days or within any other time period as prescribed by applicable mandatory laws from the date of its Cancel­lation Statement to the respective Lowa authorized Webshop distri­bution partner (which is not the carrier), where the Consumer Customer has received the articles from (here­inafter “Webshop Partner(s”). For orders executed by us this will be Lowa Sportschuhe GmbH, Hauptstrasse 19, 85305 Jetzendorf/Germany. LOWA asks the Consumer to return or hand over the shoes to the Web Shop Partner in LOWA’s original shoebox. This shall ensure that the shoes will not get dirty or will be otherwise damaged,

5.5 The foregoing deadline shall be deemed to have been met by the Consumer if the articles, which form part of the Cancel­lation Statement are dispatched within the aforesaid fourteen-day time period. Unless otherwise prescribed by applicable mandatory laws, the costs for the return of the respective articles are borne by the Consumer, who shall only be liable for any loss of value of those returned articles, if such loss has been caused by unne­cessary handling by the Consumer for the purposes of verifying their features, func­tioning and/or their char­ac­ter­istics.

6. DELIVERY MODALITIES, RESER­VATION OF TITLE, PRICES

6.1 All Articles shown on the Commu­nication Tools are subject to avail­ability. This means that, although we strive to ensure our Commu­nication Tools constantly reflect the avail­ability of stock, an article shown on the Commu­nication Tools may no longer be available for purchase. Minor differences in colour and other minor vari­ations in articles are possible as a result of different image acquisition, display tech­no­logies or other technical reasons and we shall not be liable for any of these vari­ations and devi­ations.

6.2 We shall dispatch the Customer’s ordered articles within four (4) working days of the respective order received and confirmed by us at the latest. Unless unfore­seeable problems incurred, such as strikes or other force majeure cases and the like, the ordered articles should reach the Customer usually within seven (7) working days from the respective order and confirmation date.

6.3 If in single cases the delivery of Lowa products confirmed by us to reach the Customer within the foregoing seven-workday period are delayed, the Customer is at its choice entitled to decide whether it will cancel the respective order or keep it pending. In any event after the elapse of four (4) weeks from the date of our order confirmation without any delivery made to the Customer, the respective order will be auto­mat­ically cancelled and any payments already received from the Customer will be refunded by us in accordance with Clause 5.3 above.

6.4 We are entitled to the extent reas­onably possible to execute an order by making split deliveries without charging addi­tional cost to the Customer unless the Customer made the request to be delivered in parts. Each split order shall constitute a separate contract of sale. If we are late delivering or one split order is faulty, the Customer shall not have the right to cancel any other part of the split order.

6.5 Delivery charges will be borne by the Customer unless otherwise set forth in the Commu­nication Tools.

6.6 The articles ordered online by a Consumer via our Webshop, shall remain our property until payment is received in full. The Customer is not entitled to sell, dispose of or encumber any article before title thereof has passed to the Customer. For Companies the ordered articles shall remain our property until all our claims arising from our commercial rela­tionship (including those of our Webshop Partners) will be settled in full.

6.7 Delivery shall be carried at our own risk in accordance with the statutory law provisions for the online purchase of consumer goods applicable in the respective country the Customer resides. In the event of deliveries made to a Company, the trans­portation risk shall pass to the Company upon handing over the ordered articles to the respective carrier.

6.8 If failure to deliver the respective order is attrib­utable to the Customer, it shall be responsible for the resulting addi­tional costs. Deliveries shall be deemed to be undeliv­erable if no person authorized to receive the delivery is available to take delivery and the collection deadline passes without the package being collected, or if the recipient or the recip­ient’s authorized repres­entative designated by the Customer refuses the acceptance of the package, or if the Customer or its repres­entative cannot be reached at the address provided. This shall also apply for deliveries made to certain designated reception facilities such as to post or letter boxes.

6.9 Prices as stated on our Commu­nication Tools are shown primarily in EURO currency and contain statutory sales taxes and other pricing elements, which will be shown separately on the Customer’s invoice received from us. The VAT rate applicable for any B2C online sale will be the one charged in the country the respective Lowa products will be delivered to within the European Union and the European Economic Area

7. PRODUCT WARRANTY

7.1 For B2C online sales trans­actions of Consumer Customers, a statutory warranty period of two (2) years shall apply from the date of the receipt of the ordered Lowa products, whilst for Companies the warranty period shall be one (1) year. The latter limitation shall not apply in those events, where a Company claim is based on physical injury, loss of life or gross negligence on our part, or where longer warranty periods are prescribed by mandatory applicable laws. Out of sustain­ability and envir­on­mental consid­er­ations, the Customer agrees that it shall be our first pref­erence and choice to repair a LOWA product, where reparable.

7.2 Any warranty claim shall be addressed to LOWA Sportschuhe GmbH for all deliveries of online ordered products received from us in Germany, for any other deliveries received from an authorised Lowa Webshop Distri­bution Partner, we shall forward the respective warranty claim to the said Partner.

7.3 Under this warranty policy pertaining to B2C online sales we do not honour warranty claims for articles

7.3.1 obtained from a source other than the Commu­nication Tools;
7.3.2 that have been damaged by negligence or abuse (such as unusual high or low temper­atures and heat, exposure to damaging chemicals such as caustic substances and the like);
7.3.3 damaged by substantial misuse or activities outside the scope of the intended purpose for such product (such as using a mere travel and leisure product for Alpine mountain climbing, etc., or vice versa a mere outdoor shoe in urban envir­onments on hard surface only);
7.3.4 damaged by normal wear and tear or which have exceeded the reas­onable lifespan for such products

8. INTEL­LECTUAL PROPERTY RIGHTS

8.1 Lowa is and remains the owner of all copyright and content in and on the Commu­nication tools. You are only entitled to view, play, print and/or download any content in whole or in part existing now and in future on the Commu­nication Tools for your strict personal, non-commercial and inform­a­tional purposes only (here­inafter “the Permitted Use”). Any user of the Commu­nication Tools including any Customer has no right to modify in any manner what­soever its contents, copy, publish, create derivative works, license, reproduce, transfer or sell any of the Commu­nication Tools’ content or use it on any other website or media unless we have provided our express written consent to any specific modi­fication or other use requested by the visitor of our Commu­nication Tools in writing beyond the Permitted Use.

8.2 The Customer undertakes not to remove or otherwise suppress or modify any copyright, trademark or any other intel­lectual property rights pertaining to any content of the Commu­nication Tools.

8.3 The same as set forth in Clauses 8.1 and 8.2 above shall apply for any trademarks, logos and other intel­lectual property rights of Lowa (here­inafter “the Intel­lectual Property Rights”), which shall remain our exclusive property (including those of our affiliated companies and of our licensors.

8.4 Any usages beyond the Permitted Use by any user of the Commu­nication Tools including Customers of any of the Intel­lectual Property Rights shall equally require our express prior written approval. This shall also apply for any use of our Intel­lectual Property Rights in the context of the creation of links, hypertext, deep links and the like between any of our Commu­nication Tools and other third-party online media.

9. DATA PROTECTION

9.1 Lowa fully respects the privacy of indi­viduals who access and use the Commu­nication Tools. Our Privacy Statement contains the details in which manner and to which extent we are using Customer-related information and data including the use of cookies, the kind of information we are collecting from our Customers and for which purposes, further, under which circum­stances we disclose such data. The Customer will be expressly asked whether it wishes to obtain offers and/or other information in terms of a double opt-in process. If no such consent will be provided, all respective data will be deleted after conclusion of each B2C online sales trans­action concerned. The Customer expressly agrees to a temporary storage of those personal data, which are required for the processing and managing of its orders including the handling of return and warranty cases.

9.2 Our Privacy Statement (see Clause 3.3.above) forms an integral part of these General Terms. By accessing our Commu­nication Tools, you agree and accept that we may use, collect and store and process your personal data in accordance with our Privacy Statement.

10. LIMITATION OF LIABILITY

**10.1 Lowa does not in any circum­stances exclude its liability for fraud, death or personal injury caused by our negligence or that of our employees and/or agents or any other loss which is not permitted to be excluded and/or limited by applicable mandatory laws and regu­lations. These limit­ations of liability set forth in this Clause 10. do also extent to our Webshop Partners, but do not apply, where we have fraud­u­lently concealed a defect or have substan­tially incor­rectly described an article on the Commu­nication Tools (including a non-marking of a PPE shoe). In addition, Lowa does not assume any liability resulting from a non-conforming commercial use of the shoes by the Customer, this shall apply in particular for a possible liability relating to PPE.

10.2 We are not responsible for any loss or damage that a Customer and/or a user of the Commu­nication Tools suffers, which are**

10.2.1 not caused by our breach of these General terms;
10.2.2 a result of Lowa’s temporary failure to provide access to the Commu­nication Tools (or any part thereof), or the result of a removal of certain articles from the Commu­nication Tools;
10.2.3 a result of our right to cancel orders in accordance with the terms set forth in Clause 4 above;
10.2.4 caused by a distributed denial-of-service attack, Internet virus or other tech­no­lo­gically harmful data or material that may negatively affect your computer equipment, data, software or other materials and information due to your use of the Commu­nication Tools (including but not limited hereto any downloads of content from the Commu­nication Tools or any other online medium linked thereto);
10.2.5 the result or consequence of the non-full­filment of any oblig­ations on our part, which can be attributed to events beyond our control (such as fires, war, riots, civil disturbances, major accidents, floodings, storm, strikes, lockouts and/or any other Acts of God).

10.3 Unless otherwise prescribed by applicable mandatory laws, our total liability to Customers for any loss or damages arising in connection to any B2C online purchase of Lowa products is limited to a maximum of onehun­dredandfifty percent (150%) of the value of the Customer’s order concerned.**

11. GOVERNING LAW, JURIS­DICTION, ONLINE DISPUTE

SETTLEMENT

11.1 Unless otherwise set forth in the area of applicable mandatory laws and regu­lations applicable for Consumer Customers, these General Terms shall be exclusively governed by substantive German laws without regard to inter­na­tional conflict law prin­ciples. For cross border online sales trans­actions between Companies and us the UN Convention on Contracts for the Inter­na­tional Sale of Goods (CISG) shall not apply.

11.2 If the Customer is a Company, the exclusive venue for any disputes arising from or pertaining to these General Terms and/or any online sale which cannot be settled amicably, shall be Munich/Germany with the juris­diction of the Munich civil courts.

11.3 Based on Regu­lation (EU) No. 524/2013, the European Commission has made a European platform available, which can be elec­tron­ically accessed via an inter­na­tional website in all official languages of the EU authorities for the settlement of disputes between consumers residing in and companies estab­lished in the European Union pertaining to the online sales of goods or the online provision of services (so-called OS-Platform/URL: https://ec.europa.eu/odr ).

To file a complaint against Lowa on this OS-Platform, Consumers are required to fill in an elec­tronic complaint form. The respective information, which are obligatory to be provided are listed in the Annex of Regu­lation (EU) No. 524/2013.

12. FINAL PROVISIONS

12.1 Any B2C online sale trans­action same as any use of the Commu­nication Tools will be exclusively subject to this version of the General Terms including any future subsequent changes or amendments hereof, which are in force at the time, when a Customer places the respective order through the Commu­nication Tools, or the day you visit the Commu­nication Tools, whatever is applicable. We reserve the right to make changes and/or amendments of these General Terms at any time.

12.2 Each provision of these General Terms shall be construed separately and inde­pendently of each other. If any provision is deemed invalid, void or otherwise unen­forceable, that provision shall be deemed severable from the other terms and shall not affect the validity and/or enforce­ability of any of the other provisions of these General Terms.