Terms and Conditions for LOWA UK
Access and use of our website, together with the sale and the purchase of products from the site, are governed by the terms and conditions set out below.
This website is owned by TKC Sales Limited. When referring to 'LOWA', 'LOWA UK', lowa.co.uk', 'We' ,'Us', 'Our' this refers to TKC Sales Limited. TKC Sales Limited's registered office is The Old Spitfire Hangar, The Strand, Trowbridge, Wiltshire BA11 6EP. Registered no. 03853596 VAT number: GB 850 4485 25
By using the site you agree to accept the following terms and conditions. If you do not wish to accept these terms and conditions, you may choose not to use this site or contact us to ask for further information. A contract between TKC Sales Limited and the customer will exist once an order has been accepted, processed, dispatched and received.
To the fullest extent permitted at law, we are providing this website and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice.
Except as specifically stated on this website, to the fullest extent permitted at law, neither LOWA UK nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, LOWA UK does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of LOWA UK, its affiliates, directors, employees or other representatives.
Our catalogue and website images, descriptions and colours are subject to change and are for illustration only. In the event of a particular colour or variation not being available we will make every attempt to find a suitable alternative.
Title and Risk
Under the provision of the Sales of Goods Act 1979, The Seller reserves the right of title and ownership to the goods, which are the subject matter of the contract and all other goods and/or services supplied by The Seller to The Buyer under any contract whatsoever until all of the account is paid in full (including amounts due but not yet payable). Until such time as title passes from LOWA UK to The Buyer, The Seller shall have absolute authority and be entitled at any time to enter upon any premises where the goods are displayed, stored or kept or reasonably believed by The Seller to be stored, displayed or kept be it with The Buyer or any third party and repossess the goods. The Seller shall be entitled to seek a Court injunction to prevent The Buyer from selling, transferring, disposing of or otherwise dealing with the goods and The Buyer shall keep the goods separate from other products in it's possession and shall not remove any identifying marks placed on the goods by The Seller or incorporate such marks in any other product.
If The Buyer is a tenant of the premises in which the goods are stored, The Buyer shall inform the Landlord by registered letter with acknowledgement of receipt that the goods are encumbered by a retention of title clause.
Notwithstanding the foregoing, the goods are at the entire risk of The Buyer from the time of delivery. The Buyer shall insure the goods to their replaceme nt value naming The Seller as the loss payee and upon request, The Buyer shall provide to the seller a certificate or other evidence of such insurance.
Due to the nature of our business, stock availability can not be guaranteed. If your goods are in stock the order will be shipped in order to reach you within 5 working days. Payment is not taken from your credit card until stock has been checked and the order is ready for shipping.
Once you have placed an order with LOWA UK an e-mail will be sent to you confirming your order details. A second e-mail will be sent once your order has been dispatched. It is important that you give us a valid e-mail address so you can receive these e-mails.
Cancellation of orders
Unfortunately, given the nature of electronic commerce, it is not possible to cancel an order placed on the website. If you are unhappy with your goods once they arrived you are entitled to return goods for a refund or replacement. Please check the order confirmation screen carefully before completing your order.
Where an item is marked as "Available for pre-order" an expected delivery date will be shown. If you order the goods, they will be dispatched as soon as we receive them from our suppliers. We will not take payment for the item until it is dispatched to you.
Payment and Security
We accept payments from Visa, Mastercard, Access, Switch, Solo, Delta and Visa Electron cards. Unfortunately, we are unable to process payments from American Express.
For your security, all our credit card transactions are processed by Sage Pay. Sage Pay ensure that any card details sent by you are encrypted and held securely. No one else, including us, has access to your credit card details.
Faulty items are dealt with individually. Goods are guaranteed against manufacturing defects and all will have to be inspected by us and some by the manufacturer before we can accept them as faulty. Please return your goods to us - once we are satisfied the goods are faulty we will offer a FREE repair, replacement, exchange or refund.
These terms and conditions shall be construed in accordance with English law and the courts of England OR the jurisdiction in which you are resident or domiciled (at TKC Sales' election) shall have jurisdiction to resolve any disputes between you and LOWA UK, without regard to any choice of law provisions or private international law. You hereby consent to the exclusive jurisdiction and venue of the Royal Courts of Justice, Strand, London, UK, for any and all disputes relating to the Terms of Service, use of this Web site or any Linked site in the event that LOWA UK have elected England as the jurisdiction.
Entire agreement: The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and LOWA UK. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of LOWA UK.
None of the above affects your statutory rights under English Law.
COMPETITIONS AND GIVEAWAYS TERMS & CONDITIONS
The following terms and conditions apply to all companies and or persons or other entities (“you”) that are participating in any competition or giveaway (“Competition”) organised by LOWA UK & TKC Sales (“we” or “us”). Please ensure you have read and understood the following:
- The competition is open to residents of the United Kingdom and Ireland aged 16 years or over except employees of LOWA, TKC Sales and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
- There is no entry fee and no purchase necessary to enter this competition.
- Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
- By participating in the competition on a social media platform, entrants or participants agree to the general terms and conditions outlined below.
- Winners will be drawn at random.
- No unsportsmanlike behaviour will be tolerated.
- Prizes are non-refundable, non-transferable, not for resale, cannot be exchanged for cash or the expiry date extended. We have the free and full right to alter arrangements or prizes should circumstances change.
- Competitions on social media are not endorsed, sponsored, administered by or associated with the platform.
- The competition is run by us, not the social media platform which it is distributed on. We require from entrants a complete release of the social media platform.
- We will only include entrants on the original competition post. Those not on this post will not be included in the competition. Any post shared on the timeline or added to posts other than the original competition will not be included.
- We will be in touch with you if you have won, by either commenting on your entry, private messaging or both. We will require you to send us your details for dispatch of the prize, this will need to be sent to us within two weeks of the draw. If we do not hear from you within this time, the prize will be re-drawn.
- Allow up to 28 days from the date of LOWA UK receiving contact and delivery details for the delivery of the prize. During busy periods (such as Christmas), please do allow for longer.
- We have the right to change or substitute any prize in any competition to a prize of equivalent value.
- Our general terms and conditions apply.
- We reserve the right to change or edit the dates of the competition.
- To be part of a competition on any of the social media platforms used, entrants or participants are required to have a profile on the chosen platform.
- Entrants do not have to follow LOWA UK on the social media platform.
- Winners are required to provide their details for the delivery of the prize. A full name, address and phone number are required. This data is not shared for any other purpose than to receive your prize.
- If prizes are provided by a third party, they will be responsible for the fulfilment of the prize, not LOWA UK. We do not accept any liability or responsibility for direct or indirect loss or damage that may result to you or anyone who the prize is given to.
- Prizes are dependent on availability.
- If delivery is not possible, we reserve the right to withdraw the prize.
- You do not have to share to enter the competition.
- The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
- The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.