Please read these terms and conditions carefully, because this document describes the Conditions (the ‘Conditions’) upon which Boot & Work Corp, S.L. (“CONTROLLINO”/”We”/”Us”/”Our”) makes a contract with you as a customer (“The Customer”/”You”/”Your”/”Yourself”) for the sale of our product(s) (the “Product”/”Goods”).
IMPORTANT.
Please read these terms and conditions carefully, because this document
describes the Conditions (the ‘Conditions’) upon which Boot & Work Corp, S.L.
(‘CONTROLLINO’/’We’/’Us’/’Our’) makes a contract with you as a customer (‘The
Customer’/’You’/’Your’/’Yourself’) for the sale of our product(s) (the ‘Product’/’Goods’).
1.1. mentioned here apply to all offers of Boot & Work Corp, S.L. (from now on
to be called CONTROLLINO) and to all agreements with Customers of CONTROLLINO
GmbH.
1.2. We maintain that, by confirming Your order, You unreservedly accept
the general terms and conditions of sale (hereinafter referred to as
“Terms”), having read them. Conditions are important to You and
CONTROLLINO as they have been designed to protect your rights as a valued Customer
and to protect Our rights as a business and to create an understanding between
us.
1.3. These terms and conditions shall govern all transactions and
interactions between CONTROLLINO and the Customer. The parties acknowledge and
agree that these Terms supersede and take precedence over any other terms and conditions,
whether oral or written, that may have been previously agreed upon or provided
by either party, except for those mutually agreed upon in writing by both CONTROLLINO
and the Customer.
1.4. By engaging in any transaction or interaction with CONTROLLINO, the Customer
expressly accepts and agrees to be bound by these Terms. Any additional or
conflicting terms proposed by the Customer shall be deemed null and void unless
specifically agreed upon in writing by both parties.
1.5. In the event that any provision of these Terms is found to be
invalid or unenforceable by a court of competent jurisdiction, the remaining
provisions shall remain in full force and effect. The failure of either party
to enforce any right or provision under these Terms shall not constitute a
waiver of such right or provision unless acknowledged and agreed to in writing.
1.6. These Terms represent the entire agreement between CONTROLLINO and
the Customer, superseding any prior negotiations, understandings, or
agreements, whether oral or written, relating to the subject matter herein. No
modification, amendment, or alteration of these Terms shall be binding unless
in writing and signed by both parties.
1.7. The interpretation, validity, and enforcement of these Terms shall
be governed by and construed in accordance with the laws of AUSTRIA. Any
disputes arising from or in connection with these Terms shall be resolved
exclusively by the commercial courts of Innsbruck/Austria, to the exclusion of
any other jurisdiction.
1.8. By proceeding with any transaction or interaction, the Customer
acknowledges that they have read, understood, and agreed to be bound by these
Terms and any policies or guidelines referenced herein.
3.1.
The
prices on CONTROLLINO website are the actual prices. Prices of Goods in
mailings can deviate because of price changes that have been carried through
after sending the mailings.
3.2.
As
long as there is no official agreement, CONTROLLINO has the right to change
prices and other conditions.
3.3.
All
prices include costs of packaging and exclude costs of transport, shipping and
legal contributions unless mentioned differently. Per order, a flat shipping
fee from €9,00 to €150,00 will be calculated. These shipping fees are only
valid for orders placed through the online shop. For offline orders the actual incurred
shipping costs are charged to the customer.
3.4.
CONTROLLINO
is authorised to carry through changes in taxes and costs, also after realising
an agreement.
4.1. By engaging in any transaction or interaction with the seller, the
customer expressly acknowledges and agrees to accept invoices primarily through
electronic mail (e-mail). The seller will send invoices electronically to the
customer’s provided e-mail address, unless otherwise required by customs or
other legal reasons, whereby paper invoices may be included with the products.
4.2. In the event that the customer requests an additional paper invoice
after the initial transaction, the customer shall be responsible for a
processing fee of €25, along with the actual delivery costs for the letter. The
paper invoice will be sent separately from any additional orders, ensuring
separate delivery.
4.3. The customer understands and agrees that the preference for
electronic invoices is intended to streamline administrative processes, reduce
environmental impact, and enhance efficiency. By accepting these terms, the
customer acknowledges that electronic invoices via e-mail are the default
method of invoicing, and any request for a paper invoice will incur the
aforementioned charges.
4.4. The seller reserves the right to refuse the customer’s request for
an additional paper invoice if it is deemed unnecessary or inconsistent with
applicable laws or regulations. In such cases, the customer will receive the
invoice electronically as per the default method.
4.5. The customer acknowledges and accepts that the charges for an extra
paper invoice and delivery costs are reasonable and necessary to cover
administrative expenses and additional handling required for the provision of a
physical document.
4.6. By proceeding with any transaction or interaction, the customer
confirms their understanding of and agreement to be bound by these terms
regarding invoice delivery and the associated charges.
6.1. CONTROLLINO follows tax regulations within EU tax countries and
regions, with the exception of certain areas that are part of an EU country but
not within the EU tax region, such as specific Spanish islands. For end
customers, the applicable tax will be calculated using the One-Stop-Shop (OSS)
principle, which ensures that the customer pays the local VAT equivalent.
6.2. In the case of intercommunity deliveries, CONTROLLINO is obligated
to verify the validity and accuracy of the provided VAT information for
intercommunity trade using the EU VIES service. If the VAT information is found
to be invalid or does not correspond to the company stated, it becomes the
responsibility of the customer to ensure that a valid VAT is used.
6.3. If a customer places an order without providing a VAT or with an
invalid VAT, the customer does not have the right to demand a change to the
order free of charge afterward. The customer may request CONTROLLINO to make
the necessary changes, but it is at the discretion of CONTROLLINO to determine
if the change is possible and the additional cost associated with it.
6.5. Import taxes and any other taxes that are not required to be stated
on the invoice are the responsibility of the customer. It is the customer’s
obligation to comply with and fulfil any import tax or other tax obligations
that may arise from the purchase and importation of the goods. CONTROLLINO
shall not be held liable for any import taxes or other taxes incurred by the
customer in relation to the ordered products.
7.1.
Payment
takes place per credit card, debit card or on other conditions as described on
our website.
7.2.
Within
SEPA countries it is possible to pay in advance via bank transfer
7.3.
If
you wish/need to place an order outside SEPA countries using bank transfer
please write an e-mail to: sales@controllino.com.
7.4.
In
some special cases, CONTROLLINO has the right to refuse a certain payment
method. In that case it will be communicated to the Customer and the order will
be shipped after the Customer’s payment (alternative payment method initiated
from CONTROLLINO) has been received and approved by CONTROLLINO.
7.5.
It
is not allowed to settle a purchase with a debt-claim on CONTROLLINO , unless
this is yet agreed in letter.
7.6. Subject to CONTROLLINO’s assessment of the customer’s credit rating,
CONTROLLINO may offer flexible payment terms upon the customer’s request. The
credit rating decision shall be made at the discretion of CONTROLLINO.
7.7. Upon approval, the customer may request payment terms ranging from 7
days, 14 days, or 30 days after the date the goods have left the warehouse. It
is important to note that the shipping date and the invoice date shall be
considered as the same, establishing the starting point for the payment terms.
7.8. The specific payment terms granted to the customer will be mutually
agreed upon in writing and shall be binding on both parties. CONTROLLINO
reserves the right to review and modify the payment terms based on the customer’s
payment history and creditworthiness.
7.9. After exceeding the payment term the Customer is indebted to pay the
legal interest and all legal and non-legal collection costs. CONTROLLINO can
then postpone the following of obligations or dissolve the agreement in letter.
CONTROLLINO will diligently appoint a locally operating collection service
provider in close proximity to the customer’s location to ensure efficient and
timely collection efforts.
8.1.
Delivered
Goods will stay the property of CONTROLLINO until all payment obligations have
been fulfilled by The Customer.
8.2.
CONTROLLINO
is irrevocably authorised to take the Goods back if these still are the
property of CONTROLLINO .
9.1. The Customer is
allowed to return the Goods delivered by CONTROLLINO in 14 days after
receiving in the original package, accompanied by a copy of the original
invoice and a report of the reason of return and a return slip. The return slip
is obtained when sending the report and the invoice to sales@controllino.com
requesting a return slip or by doing it online via https://www.controllino.com/rma/.
9.2.
In
case the Goods are unused and returned in time and correctly, CONTROLLINO will
refund the purchase amount excluding the shipping costs. Goods are refunded
within 14 days.
9.3.
Goods
delivered by CONTROLLINO that are not been returned in the sale-and-return
period of 14 working days (Voluntary Returns), as described in 9.1, the
purchase will be regarded as final.
9.4.
In
addition to their statutory rights, customers may return items within 14 days
of the date they received the item without giving any reasons. Customers who
voluntarily return items but do not wish to use the Returns Service provided by
CONTROLLINO, do so at their own risk. N.B.: Your right to return items
voluntarily does not affect your Right to Cancel, or your statutory rights.
9.5.
The
following categories of Goods are excluded from the right of return from the
moment the package has been opened:
9.5.1.
custom-made
items tailored to the Customer’s own specifications, or items personalised in
any way;
9.5.2.
custom-made
items assembled using standard components, including hardware and software
configured to Customer specification, as soon as they have been used or put
into operation;
9.5.3.
spares
and replacement parts as well as special items ordered by The Customer,
including items ordered by CONTROLLINO on behalf of The Customer;
9.5.4.
calibrated
measurement instruments/diagnostics;
9.5.5.
wholesale
items subject to discounts, or governed by agreements other than our GTCs.
9.6.
If
you wish to return your Goods or Items please utilise your nearest Post Office,
alternatively you can call or email
CONTROLLINO Customer Service. Any Goods or Items returned are at the cost of
the customer.
9.7.
Under
Austrian Distance Selling Regulations (“Fern- und Auswärtsgeschäfte-Gesetz”,
FAGG), the customer is allowed to cancel their order in writing or in another
durable medium (excluding telephone), e.g. letter, fax, email, within 14
running days of receiving the original package.
9.8.
In
order to exercise their right to return, the customer is not required to return
the goods within the cooling off period, but must inform CONTROLLINO in
writing/another durable medium of their intention to withdraw from the contract
within this time limit.
9.9.
If
the goods are unused and returned in accordance with FAGG, CONTROLLINO will
refund the purchase amount including shipping costs. Goods are refunded within
14 days.
9.10.
To
help improve our products and services, it would help us if could detail the
reason why you wish to return your item(s), but this is not obligatory. Please
also enclose a copy of the original invoice, if available.
9.11.
If
you:
9.11.1.
Paid
by credit/debit card, we will make a credit note and refund the amount back to
your credit/debit card.
9.11.2.
Paid
in advance, we will make a credit note and refund the amount back to your bank
account.
9.11.3.
Have
not paid yet, we will make a credit note to stand against it. Please note: any
provisions mentioned in the “14 day trial period” do not affect your statutory
right to withdrawal.
9.12.
In
the event that a refund is granted, the refunded amount will correspond to the
purchase price of the product or service, minus any payment costs incurred by
the customer. Payment costs may include transaction fees, processing fees, or
any other charges imposed by the payment service provider or financial institution
involved in the original transaction.
9.13.
The
customer acknowledges and accepts that the exclusion of payment costs from the
refund amount is a standard practice and understands that such costs are
separate from the value of the product or service being refunded. CONTROLLINO
will make reasonable efforts to process the refund in a timely manner, adhering
to applicable laws and regulations.
10.1.
CONTROLLINO
warrants the quality of its delivered Goods during 24 months, starting from the
date of delivery. All parts of the product are under warranty coverage (against
any defect that may occur during production, assembly and/or defective parts).
10.2.
Warranty
claims should be made within fourteen days after discovering the deficiency,
and should be guided with a short description of the deficiency and a copy of
the original invoice.
10.3.
CONTROLLINO
will repair the deficiency, subject to 10.2, free
of cost or replace it (to be decided by CONTROLLINO). However, the warranty
does not include extra costs such as sometimes necessary services. In case the
Goods are older than one year and it is not possible for CONTROLLINO to repair,
or the concerning Product(s) is/are not in stock anymore, CONTROLLINO will
offer the possibility to buy the replacing Goods for an amount of 50% of the
retail price, or an exchange of goods to the value of 50% of the original
purchase price, E&OE (errors and omissions excepted.)
10.4.
The
warranty does not account if the product becomes faulty due to use contrary to
the terms or conditions stated in the user guide and/or in the following
situations:
10.4.1.
if
the fault or damage to the product occurred during the transportation outside
of the responsibility CONTROLLINO
10.4.2.
if
there have been made modifications to the Product
10.4.3.
a
break or scratch to the product’s exterior while in the customer’s possession,
10.4.4.
if
the product has been opened, used, or previously repaired by unauthorized
persons
10.4.5.
if
the product serial number has been altered or removed
10.4.6.
if
deficiencies originate from wrong or incorrect use, such as ignoring the
accompanying manual.
10.4.7.
use
of the product by plugging into inappropriate voltages or with faulty electric
10.4.8.
when
our product is damaged due to use with accessories or devices purchased from
other firms or unauthorized services
10.4.9.
the
deficiency originates intentionally or because of a severe lack of attentiveness
10.4.10.
external
factors out of the control of CONTROLLINO , such as a electricity fall-out,
natural disasters, fire, lightning, flood, earthquake, etc.
10.4.11.
product
has NOT been sufficiently protected against transporting damage during the
return.
10.4.12.
CONTROLLINO
has not had the possibility to investigate the complaint and to eventually
repair the deficiency.
Returns
should be sent to the following address:
Boot & Work Corp, S.L.
Camí del Grau, 25
08272 Sant Fruitós de Bages (Barcelona)
Spain
10.1. Personal
customer information is saved to and stored on CONTROLLINO customer management
system to process orders. CONTROLLINO will not use this information for
internal marketing goals, such as sending mailings, without the customer’s
explicit consent. We will always comply with the Data Protection Act 1998 and
subsequent legislation related to sensitive data and personal information.
13.1.
The
liability of CONTROLLINO with regard to sale and delivery of Goods is
explicitly limited to the warranty as described in article 10.
13.2.
CONTROLLINO
is not responsible for its provided (technical) advices, misprints in mailings,
technical specifications which have been provided by suppliers and
manufacturers, and uncontrollable bad quality of Goods.
13.3.
For
the rest, each responsibility of CONTROLLINO is restricted to the actual payed
amount of the relevant invoice.
14.1.
We
and our suppliers are the owners of the copyright, trademarks and all other
intellectual property rights in the material and content of our website www.controllino.com
14.2.
You
are only allowed to use the material contained on this website for Your own
personal and non-commercial use.
14.3.
You
agree not to intentionally misuse our website.
14.4.
Our
website may contain links to other websites unrelated to us. We are not
responsible for the content or practices of these websites.
15.1.
At
its latest during the finishing of the agreement, these Conditions are offered
by CONTROLLINO (non-)electronically. It is The Customer’s responsibility to
print or save the Terms & Conditions.
15.2.
CONTROLLINO
provides the following information at its website:
15.2.1.
Registered
address and the registration number at the Chamber of Commerce
15.2.2.
the
most important Product specifications, such as the price
15.2.3.
the
method of delivery and payment and the corresponding costs
15.2.4.
15.2.5.
the
address for handing in complaints, different than the address of the place of
business
15.3.
In
case The Customer wants to dissolve or cancel the contract because of the fact
that CONTROLLINO should not suffice its legal information duties, this procedure
should be carried out in fourteen days after accepting the order.
15.4.
We
reserve the right to randomly monitor and record inbound and outbound calls.
16.1.
These
Conditions are based on Austrian legislation.
16.2.
Disagreements
will be solved in mutual consultation as much as possible.
16.3.
Registered
Office: FN 450372 m, place of jurisdiction: Innsbruck. VAT No: ATU70579439.
17.1.
CONTROLLINO
shall not be liable to The Customer or deemed to be in breach of contract by
reason of any delay in performing, or any failure to perform, any obligations
of CONTROLLINO in relation to its Goods, provided that the delay or failure was
due to any cause beyond reasonable control of CONTROLLINO. Without prejudice to
the generality of the abovementioned, the following shall be regarded as causes
beyond reasonable control of CONTROLLINO: Act of God, explosion, flood,
tempest, fire or accident; war or threat of war, sabotage, insurrection, civil
disturbance or requisition; acts, restrictions, regulations bye-laws,
prohibitions or measures of any kind on the part of any governmental,
parliamentary or local authority; import or export regulations or embargoes;
strikes, lock-outs or other industrial actions or trade disputes (whether
involving employees of CONTROLLINO or of a third party); difficulties in
obtaining raw materials, labour, fuel, parts or machinery; power failure or
breakdown in machinery.