Terms & Conditions of CONELCOM GmbH
IMPORTANT. Please read these terms and conditions carefully, because this document describes the Conditions (the ‘Conditions’) upon which CONELCOM GmbH (‘CONELCOM’/’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. Conditions mentioned here apply to all offers of CONELCOM GmbH (from now on to be called CONELCOM) and to all agreements with Customers of CONELCOM GmbH.
1.2. Unless it is an explicit exception, others than these Conditions are not legitimate.
1.3. We maintain that, by confirming Your order, You unreservedly accept Our general conditions of sale, having read them. Conditions are important to You and CONELCOM 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.
2. Ordering and realisation of an agreement
2.1. Orders can be placed online via the CONELCOM website www.controllino.com, per e-mail, fax, and telephone.
2.2. We are authorised to refuse orders below a certain order value or to calculate extra charges for these orders. Further, we have the right to ask The Customer to make a prepayment.
2.3. If it is not possible for CONELCOM to accept an order for a certain product, no matter the reason, CONELCOM will try to deliver a comparable Product with regard to price and quality. The order will be accepted after agreement has been reached.
2.4. When you place an order to buy a product from www.controllino.com, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product, which is accepted by us when we send email confirmation to you that we have dispatched your goods (the ‘dispatch confirmation email’). It is the customer’s responsibility to save a copy of and/or print these emails for future reference.
2.5. Any products in the same order that are not included in the dispatch confirmation email do not form part of this offer. As long as there is no official agreement, CONELCOM reserves the right to change prices and other conditions.
3.1. The prices on the CONELCOM 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, CONELCOM 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 €4,90 to €14,90 (within Europe) or €24,90 (rest of the world) will be calculated.
3.4. CONELCOM is authorised to carry through changes in taxes and costs, also after realising an agreement.
4.1. CONELCOM determines the manner of transport and the transporter. All orders will be delivered at the entered delivery address.
4.2. CONELCOM has the right to deliver orders partly. There are no extra costs for partly deliveries or later deliveries.
4.3. Despite all carefulness regarding deliveries, it might happen that Your order is delivered incomplete. If this is reported by The Customer in seven days after (partly) receiving the Goods, the order will be replenished or placed a second time at the expense of CONELCOM.
5.1. Payment takes place per credit card, debit card, prepayment, or on other conditions as described on our website.
5.2. In some special cases, CONELCOM 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 prepayment has been received and approved by CONELCOM.
5.3. It is not allowed to settle a purchase with a debt-claim on CONELCOM, unless this is yet agreed in letter.
5.4. Paying in advance is only possible per bank account.
5.5. After exceeding the payment term The Customer is indebted to pay the legal interest and all legal and non-legal collection costs. CONELCOM can then postpone the following of obligations or dissolve the agreement in letter.
6. Property restriction
6.1. Delivered Goods will stay the property of CONELCOM until all payment obligations have been fulfilled by The Customer.
6.2. CONELCOM is irrevocably authorised to take the Goods back if these still are the property of CONELCOM.
7. Sale and return period and returns
7.1. The Customer is allowed to return the Goods delivered by CONELCOM in ten working days after receiving in the original package, accompanied by a copy of the original invoice and a report of the reason of return.
7.2. In case the Goods are unused and returned in time and correctly, CONELCOM will refund the purchase amount excluding the shipping costs. Goods are refunded within 14 days.
7.3. Goods delivered by CONELCOM that are not been returned in the sale-and-return period of 14 working days (Voluntary Returns), as described in 7.1, the purchase will be regarded as final.
7.4. In addition to their statutory rights, customers may return items within 14 days of the date they received the item without giving any reasons. Consumers who voluntarily return items but do not wish to use the Returns Service provided by CONELCOM, 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.
7.5. The following categories of Goods are excluded from the right of return from the moment the package has been opened:
custom-made items tailored to the Consumer’s own specifications, or items personalised in any way;
custom-made items assembled using standard components, including hardware and software configured to consumer specification, as soon as they have been used or put into operation;
spares and replacement parts as well as special items ordered by The Consumer, including items ordered by CONELCOM on behalf of The Consumer;
calibrated measurement instruments/diagnostics;
wholesale items subject to discounts, or governed by agreements other than our GTCs.
7.6. If you wish to return your Goods or Items please utilise your nearest Post Office, alternatively you can call or email CONELCOM Customer Service. Any Goods or Items returned are at the cost of the customer.
7.7. 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.
7.8. 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 CONELCOM in writing/another durable medium of their intention to withdraw from the contract within this time limit.
7.9. If the goods are unused and returned in accordance with FAGG, CONELCOM will refund the purchase amount including shipping costs. Goods are refunded within 14 days.
7.10. If you wish to return your goods please use the facilities at your nearest post office. Goods are returned at the customer’s expense.
7.11. 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.
7.12. If you:
- Paid by credit/debit card, we will make a credit note and refund the amount back to your credit/debit card.
- Paid in advance, we will make a credit note and refund the amount back to your bank account.
- 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.
8.1. CONELCOM 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).
8.2. 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.
8.3. CONELCOM will repair the deficiency, subject to 8.2, free of cost or replace it (to be decided by CONELCOM). 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 CONELCOM to repair, or the concerning Product(s) is/are not in stock anymore, CONELCOM 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.)
8.4. 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:
- if the fault or damage to the product occurred during the transportation outside of the responsibility CONELCOM
- if there have been made modifications to the Product
- a break or scratch to the product’s exterior while in the customer’s possession,
- if the product has been opened, used, or previously repaired by unauthorized persons
- if the product serial number has been altered or removed
- if deficiencies originate from wrong or incorrect use, such as ignoring the accompanying manual.
- use of the product by plugging into inappropriate voltages or with faulty electric
- when our product is damaged due to use with accessories or devices purchased from other firms or unauthorized services
- the deficiency originates intentionally or because of a severe lack of attentiveness
- external factors out of the control of CONELCOM, such as a electricity fall-out, natural disasters, fire, lightning, flood, earthquake, etc.
- product has NOT been sufficiently protected against transporting damage during the return.
- CONELCOM has not had the possibility to investigate the complaint and to eventually repair the deficiency.
Returns should be sent to the following address:
10. Personal information
10.1. Personal customer information is saved to and stored on CONELCOM’s customer management system to process orders. CONELCOM 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.
11.1. The liability of CONELCOM with regard to sale and delivery of Goods is explicitly limited to the warranty as described in article 8.
11.2. CONELCOM 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.
11.3. For the rest, each responsibility of CONELCOM is restricted to the actual payed amount of the relevant invoice.
12. Terms of website use
12.1. 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
12.2. You are only allowed to use the material contained on this website for Your own personal and non-commercial use.
12.3. You agree not to intentionally misuse our website.
12.4. Our website may contain links to other websites unrelated to us. We are not responsible for the content or practices of these websites.
13. Information services
13.1. At its latest during the finishing of the agreement, these Conditions are offered by CONELCOM (non-)electronically. It is The Customer’s responsibility to print or save the Conditions.
13.2. CONELCOM provides the following information at its website:
- Registered address and the registration number at the Chamber of Commerce
- the most important Product specifications, such as the price
- the method of delivery and payment and the corresponding costs
- the address for handing in complaints, different than the address of the place of business
13.3. In case The Customer wants to dissolve or cancel the contract because of the fact that CONELCOM should not suffice its legal information duties, this procedure should be carried out in fourteen days after accepting the order.
13.4. We reserve the right to randomly monitor and record inbound and outbound calls.
14.1. These Conditions are based on Austrian legislation.
14.2. Disagreements will be solved in mutual consultation as much as possible.
14.3. Registered Office: FN 450372 m, place of jurisdiction: Innsbruck. VAT No: ATU70579439.
15. Force Majeure
15.1. CONELCOM 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 CONELCOM in relation to its Goods, provided that the delay or failure was due to any cause beyond reasonable control of CONELCOM. Without prejudice to the generality of the abovementioned, the following shall be regarded as causes beyond reasonable control of CONELCOM: 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 CONELCOM or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.