Important Information, Standard Terms and<br>Conditions and Service Guide

Important Information, Standard Terms and
Conditions and Service Guide

I.Important Information

We are legally obliged to provide you with the following information before you place an order.
  1. The product description gives the main features of each item in our catalogue/Online Shop or in our current advertising.
  2. All important information about our company, including our business address, and for your communication with us, including the languages available for any contract concluded, are given in Sections II.1 and 2 below.
  3. The total price of the goods is the price shown in our catalogue/Online Shop or in our current advertising. In respect of prices, please also refer to Section II.7. Shipping costs, which depend on the weight of the goods, must be added to the price shown. Precise information concerning shipping costs can be found in Section II.2 and the references there.
  4. Our conditions of payment and delivery of goods and services are given in Sections II.2 - 17. In Section II.2 you can also find the time required to deliver the goods to you. For claims regarding goods delivered, please refer to Section II.10.
  5. Your statutory warranty rights apply to the goods you have ordered. For details, please refer to Sections II.8 and 9.
  6. All important information about your right to cancel is given in Section II.12.
  7. Additional information for Contracts in electronic commerce
    1. The individual technical steps leading to conclusion of the contract are described for you in Section II.2.
    2. Once the contract has been concluded, we save the text of the contract, including the Standard Terms and Conditions, for our own purposes. If you place an order in our Online Shop, the details of your purchase are shown in the acknowledgement of receipt that we send to you by email upon receipt of your order. You have an obligation to permanently save or to print out this acknowledgement of order so that you always have the content of the contract, once concluded, available to you in a permanent form. You can save the subsequent contract by saving the email containing our acknowledgement.
    3. With regard to recognising and correcting any input errors, we draw your attention to the following. For your order in our Online Shop, you have placed your chosen goods in the shopping basket. There you will also find an overview of all the goods you have placed in the shopping basket and the exact shipping costs. Then, please click the “Go to checkout“ button. In the page which then opens, please enter your personal details. Then click “Go to method of payment“. There, please select your chosen method of payment, and then click “Go to order overview“. Here you can view all your selected goods and all the details you have entered, and check for any input errors. To make corrections, you can now click “Change“ or “Back“. Is everything correct now? It is only when you click “Now buy“ that you make a binding offer to buy the goods.

II.Standard Terms and Conditions

1. Company

Company and summonable address:

2. Ordering, conclusion of contract and delivery

The goods presented in our catalogue/Online Shop or in our current advertising, including a detailed description, do not represent a binding offer by us to you. When you place an order with us in writing, by telephone or electronically (e.g. by email) or in any other form, you are making a legally binding offer to us. Likewise, as a rule, you are making us a legally binding offer when you enter the requested information in any of the online order forms in our Online Shop and conclude by clicking the "Now buy" button. In contrast, merely saving goods temporarily in the shopping basket does not constitute a legally binding offer on your part.
Only if you place an order via our Online Shop will we send you an acknowledgement of receipt by email. This email is only intended to inform you that your order has been received, and it gives the details of your order. This acknowledgement of receipt does not constitute acceptance of your offer. The contract of sale with you only comes about subject to these Standard Terms and Conditions once we have dispatched the articles you have ordered, which constitutes acceptance of your offer. The purchase agreement is already concluded with our payment request, which we send you by email or letter pursuant to subsection 4.5, only if you select the “Payment in advance” option. Within Germany, ordered and available goods will be delivered within 1-4 working days after we receive your order, or full payment if payment in advance has been selected. We accept no liability for adhering to this delivery time unless a failure to do so is intentional or due to gross negligence on our part.
If you already have a customer number, please specify it in the order. Please write clearly, preferably in block capitals, so as to avoid reading or transmission errors – thank you! We always deliver by post to your home address. Delivery to a PO box is not possible. There is no minimum order value. Within Germany, we make a standard flat rate shipping charge of €4.95 up to a full 30 kg parcel weight. This increases by €4.95 for each additional 30 kg.
We always deliver on account (subject to creditworthiness). If a credit check reveals that you are not regarded as creditworthy, we reserve the right to refuse your order or to only deliver against payment in advance (Section 4.5).
In case of delivery delays or should your order not be deliverable in whole or in part, we shall inform you promptly in each case and refund any payments already received from you without delay. Under no circumstances would we send you a replacement article, even if it was of an equivalent quality and price.
For international deliveries, please refer to Section 5 below. With respect to the applicable flat rate shipping charge, please take note of the information on page 769 or in our Online Shop under “Shipping costs”. Customs charges may be payable in addition. Your local customs authorities can provide you with details.
All correspondence with us should be in German; this also applies to conclusion of the contract of sale. In our Online Shop you can also use English.

» More information about shipping costs

3. Later delivery

If, with your consent, we deliver additional parts of your order at a later date, you will receive these without any postage and packaging costs. For this later delivery, we set a minimum single item value for each destination country (e.g. in Germany from €10). If the price of the goods is lower than this (or you do not consent to later delivery), we ask you to order the item(s) when it (they) become(s) (fully) available again.

4. Payment types - domestic

1. Purchase on account

We deliver on account (subject to credit check). By placing your order, you authorise us to carry out the necessary credit check to rule out a credit risk (see further information thereto under privacy policy) and you pay within 14 days from the date of the invoice by bank transfer to our account.

2. PayPal

If you have a PayPal account, you can pay easily, safely and with a few clicks by PayPal in our online shop. PayPal transfers the amount immediately after you approve the payment with PayPal.

3. Credit card (MASTER/VISA/DINERS/AMEX)

Please state the full credit card number and the expiry date. As long as the card is valid, we will debit future invoice amounts from your credit card account. The invoice amount is charged to your credit account when the ordered goods are dispatched. In the event of an account block or of a cheque being dishonoured, we will deliver your order after payment in advance.

4. COD

You pay the invoiced amount on delivery plus a cash on delivery fee of EUR 4.90 and a transfer fee of EUR 2.00 (as at: 10/2015) to the post office. For legal reasons, we can only deliver to persons under the age of 18 subject to cash on delivery.

5. Payment in advance

On receipt of order, you will receive an e-mail or letter from us with exact details of the total amount of your order incl. shipping costs and terms of payment, as well as our bank details. Only then should you transfer this total amount to our bank account. Once we have received the total amount your order will be assembled and dispatched to you.

6. Instalment purchase and pay later plan

Do you want to buy now and pay later? We offer you two simple choices with a minimum purchase value of EUR 199. You can find details of our Louis instalment purchase and Louis buy now pay later plan in our catalogue on page 349, or in our online shop at "https://www.louis.ie/service/kaufen-und-versenden/ratenkauf".

5. Modes of payment abroad

In accordance with subsection 4, we deliver to Austria and Switzerland on account, by PayPal, against payment by credit card or payment in advance. To the Netherlands we further deliver against payment by iDEAL. To other countries by PayPal and against payment in advance. Payment by credit card is also possible for deliveries to the following countries: Belarus, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Great Britain, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta (M), Monaco, Norway, Poland, Portugal, Romania, Russian Federation, Slovakia, Slovenia, Spain, Sweden, Ukraine. Any applicable bank charges are borne by yourself.

6. Retention of title

We reserve the title to the supplied goods until their purchase price has been paid in full. Until then you are obliged to handle the goods with care and leave them in your care, not sell them or otherwise dispose of ownership thereof. In the event of attempts by third parties, particularly bailiffs, to seize the goods you must point out our ownership and notify us in writing immediately so that we can assert our rights of ownership. If your conduct is in breach of the contract, especially in the event of payment default, we are entitled to demand surrender of the goods provided we have withdrawn from the contract.

7. Prices

1. In Germany

For purchases or deliveries to customers in Germany only the prices specified in euro in our catalogue/Online Shop and in the current advertising at the time of your order apply; pricing errors therein are reserved. All prices are inclusive of the statutory value added tax currently standing at 7% or 19% and are exclusive of shipping costs, the amounts of which are listed above in Section 2.

2. Abroad

For purchases by and deliveries to customers who are outside Germany but still within the European Union (EU), we are obliged to charge VAT at the statutory rate applicable in the particular country. As VAT rates vary from country to country, the prices charged may differ from those shown in our catalogue/online shop and in the current advertising at the time of your order. For purchases by and deliveries to customers outside the European Union (EU), we charge no VAT; e.g. in Switzerland or Russia you must pay the applicable customs duty and VAT to the national post office on delivery of the goods. In such cases, the German VAT (currently 7% or 19%) included in our advertised prices is omitted.
All prices are exclusive of shipping costs, which are listed in our catalogue on page 769 and in our online shop under "Shipping costs".

8. Guarantee

The statutory provisions apply to your order; according thereto you are entitled, as the buyer, if goods are surrendered to you in a defective state, to demand subsequent performance at no cost to you in the form of rectification of defects or delivery of a flawless item, i.e. the goods will be repaired without any problems or replaced in full. If the subsequent performance option you choose would lead to unreasonably high costs, we are entitled to reject it and choose the other option unless this also entails unreasonably high costs.
By law the warranty period is two years from surrender of the goods to you as our customer.

9. Liability

Our liability for compensation, on whatever legal grounds (especially for delay or defects), is limited to the contractually typical, foreseeable damage. This liability restriction does not apply to our liability due to intent or gross negligence, for guaranteed quality characteristics, due to loss of life, personal injury or illness or under the German Product Liability Law.

10. Claims

The quick and easy way to make a claim is to go to the store where you purchased the goods. Naturally, you can also make claims about goods purchased by mail order in every Louis store, except our store(s) in Switzerland, or you can make a claim online about goods purchased in a Louis store in Germany or Austria.
For goods purchased in our store(s) in Switzerland, please only make your claim there.

11. Contactability

Mail order is usually the fastest way to place your order (if there is no Louis store near you). You can contact us easily by internet, e-mail, telephone, fax or postcard. We are at your service round the clock, 365 days a year (no answering machine). Besides this round-the-clock order acceptance service, you can contact us at our head office ideally during core office hours from Monday to Thursday 9.30 am to 3.30 pm and on Fridays until 1.00 pm. Naturally, we are also available outside these times, but the flexitime system allows our staff to arrange their working hours flexibly.

12. Right of cancellation of consumers

Only consumers are entitled to the statutory right of revocation. Pursuant to section 13 of the German Civil Code (BGB) a consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activities. You are provided below with information on the prerequisites and consequences of the statutory right of revocation for mail order purchases. A contractual granting of rights going beyond the law is not associated therewith.

12.1 Instructions on cancellation

12.2 Exceptions to the right of cancellation

There are legal exceptions to the right of cancellation (§ 312 g para. 2 BGB (German Civil Code). For example, you cannot cancel the distance-selling contract if the goods ordered were specially manufactured to your specifications or are clearly tailored to your personal requirements and cannot be sold to anyone else, or only at an unacceptable discount, on account of implementing your specifications.
Furthermore, your initial right of cancellation expires prematurely in the case of:

  • contracts for delivery of sealed goods which are not suitable to be returned for reasons of health protection or hygiene if the seal has been removed after delivery,
  • contracts for delivery of goods if, by their nature, these have been inseparably mixed with other goods after delivery
  • contracts for delivery of audio or video recordings or computer software in a sealed pack if the seal has been removed after delivery.

12.3 Specimen cancellation form

If you wish to cancel this contract, please fill in this form and send it back. (Note: The use of this form is not prescribed - see paragraph 12.1)

14. Purchase receipts

Please keep all your purchase receipts! They are important as proof of purchase for claims or for insurance in the event of theft. Your orders are stored in our system. Should you lose your documents for your orders, please contact us by email/fax/telephone.
We are happy to send you a copy of the data pertaining to your order. You have access to copies of your invoices at all times under the closed user group "My Louis" in our online shop.

15. Place of jurisdiction, Choice of law

If you are a consumer who is not domiciled within the European Union (EU), our registered office is the place of jurisdiction. German law applies exclusively to all claims between you and us unless in the case of a consumer agreement based on this choice of law the protection granted to you due to the mandatory provisions of the law of the EU state in which you have your habitual residence is withdrawn.

16. Privacy Policy

1. Important Information

When processing a contract, we handle your personal details. In doing so, we act in compliance with, in particular, the German Federal Privacy Policy Act (BDSG) and the German Telemedia Law (TMG). We process and use your data pursuant to § 28 para. 3 BDSG solely for our own business purposes, for example to provide you with information about our product range by e-mail newsletter and/or by post. You have the right to refuse permission for the processing or use of your data for the purpose of sending you advertising for our own offers by post – possibly also by email in the case of regular customers – or for the purpose of market or opinion research. Please note the following information on your right to object in this respect. We protect your data with a secure SSL connection. Code length: RSA 2048 Bit/128 Bit. The encryption of user data is effected, according to the browser’s functionality, by a maximum of RC4 128 Bit, Triple-DES 168 Bit or AES 256 Bit.

The following data is encrypted:

  • all data in the order process, e.g. all your
  • personal data (address, tel. no., etc.)
  • chosen method of payment
  • credit card and account information

We may forward the data required to process your order including the data required for the settlement with our service providers to companies cooperating with us for this purpose. These companies may be printers, logistics companies, e-mail service providers or product personalization tools. Naturally, all personal data is treated confidentially. We obtain information about your payment history and credit standing on the basis of mathematical/statistical methods using address data from infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, Germany (for customers in Germany), CRIF GmbH, Diefenbachgasse 35, A-1150 Wien (for customers in Austria), and CRIF AG, Experian Nederland BV, Kantoorgebouw´t Schip, Verheeskade 25, 2521 BE Den Haag (for customers in the Netherlands), Hagenholzstr. 81, CH-8050 Zürich (for customers in Switzerland). All personal data is treated with the utmost confidentiality.

Please note: If your details are stored in our system, special brochures, invitations and announcements are sent straight to your home. If you no longer wish to receive them, please inform us at the address specified in subsection 1 and we shall then refrain from sending you any further communications.

When you visit our Online Shop, so-called Cookies are saved on your computer.

In addition to participation in our prize competition, we also offer free services such as a newsletter and a personalised service area in our Online Shop (My Louis). If you no longer wish to use these services, you can object to them at any time. Please inform us thereof also under the address specified in Section 1.

Upon request we shall supply you with information about the data stored relating to your person or your pseudonym free of charge. If you require this, please send us a corresponding notice (for address see subsection 1). In addition, we shall on request correct, block or erase the personal data collected from you unless reasons relating to the fulfilment of our business purposes, in particular the execution of the contract, preclude it.

2. Information on more data services

Google Analytics: This website uses Google Analytics, a web analysis service provided by Google Inc. ("Google").
Google Analytics uses "cookies", which are text files placed on your computer to help the website analyse how users use the site. The information generated by the cookie about your use of this website is generally transmitted to and stored by Google on a server in the United States.
In the case that IP anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area.
Only in exceptional cases will the whole IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website Google will use this information to analyse how you utilise the website, in order to produce reports on the website activities and to provide other services associated with website and internet use for the website operator.

The IP address transmitted by your browser within the scope of Google Analytics will not be combined with any other Google data. You can prevent the cookies from being stored by selecting the appropriate settings of your browser software. However, we would like to point out that in this case it may not be possible for you to make use of the full scope of all this website's functions. You can also block the transfer of data generated by the cookie with regards to your utilisation of the website (incl. your IP address) to Google, and the processing of this data by Google, by downloading and installing the following browser plugin http://tools.google.com/dlpage/gaoptout?hl=de.

You can block the transfer of data to Google Analytics by clicking on the following link. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting this website:

Disable Google Analytics

RichRelevance®: In order to optimise our website and make it as user-friendly as possible, we collect and store anonymised data using solutions and technologies from RichRelevance®. From this data we create website user profiles to which pseudonyms are applied. This anonymised analysis of your website use reflects the products which have been of interest to you in the past. For this purpose cookies are used which allow an Internet browser to be recognised. The data collected is not used without your consent to personally identify you, and is not collated with personal details concerning the bearer of the pseudonym. You have the right to refuse permission at any time for this data collection and storage in future via the following link: Opt-out.
RichRelevance® complies with the German Data Protection Act (BDSG) when collecting and storing data, and its data protection system is certified by the TÜV Saarland technical inspectorate in accordance with the V4.5 data protection requirements catalogue and the ISO/IEC 27000 international standard for information security management systems.

17. Advice on out-of-court dispute resolution for consumers

III.Service Guide

7. General Information

Various services may differ outside Germany due to the national legislation applicable there or not be rendered for that reason. Upon publication of this catalogue all other catalogues cease to be valid. All illustrations of the goods we offer, e.g. in catalogues or on product pages, are non-binding. Illustrated accessories are not included in the delivery contents unless expressly described to the contrary.

Correct: 11/2017
No liability is accepted for misprints or errors.

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