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Terms and Conditions and Privacy Policy

General Terms and Conditions (GTC)

Status: January 2018

1. Scope and Contract Language
1.1 Our deliveries are subject to the following General Terms and Conditions (GTC).
1.2 Our customers include both consumers (§ 1 KSchG - Austrian Consumer Protection Act) and businesses (§ 1 KSchG). The legal provisions applicable to our business relationship with consumers or businesses apply accordingly.
1.3 As part of your order, a summary of your purchase will be provided. In the shopping cart, you can review any input errors before placing your order and easily correct them using the fields provided there ("x" or via the quantity regulator). The applicable GTCs can be found via a link at the bottom of the page. After placing a binding order for which payment is required, you will receive an automatic order confirmation via email.
1.4 We are happy to accept orders from corporate customers by phone (Mon-Fri from 8:00 AM - 12:00 PM and 1:00 PM - 5:00 PM), fax, email, or through our online shop. For private customers, orders can only be placed through the online shop.
1.5 Your order constitutes a binding offer to us for the conclusion of a purchase contract. For orders placed in our online shop, you will receive the aforementioned order confirmation. However, this does not yet constitute a binding acceptance of your order. The binding purchase contract is only concluded when you receive a corresponding declaration of acceptance via a separate email or by other means.
1.6 All texts on this website are currently offered only in German. The contract, order, and business language is German.

2. Right of Withdrawal for Consumers
2.1 Below you will find information on the legal basis and consequences of the legally stipulated right of withdrawal/cancellation for online and mail-order purchases.
2.2 Withdrawal Information: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods. To exercise your right of withdrawal, you must inform us, Canal Instrumente GmbH & Co KG, Alemannenstraße 20e, 6830 Rankweil, Austria, Tel.: +43(0)5522 41410, Fax: +43(0)5522 4140-10, E-Mail: office@canal-instrumente.at, by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the sample withdrawal form printed below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
2.3 Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. If the returned goods are no longer saleable due to signs of use, damage, or improper handling, there is no entitlement to a refund. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. The customer/consumer bears the costs of returning the goods. You only have to pay for any diminished value of the goods if this diminished value is due to handling them in a way that was not necessary for checking the quality, characteristics and functioning of the goods.
2.4 A sample withdrawal form is available for download in the "Withdrawal" section.

 

3. Prices, Shipping Costs, and Payment Methods/Terms
3.1 The prices quoted are total prices, including the applicable statutory value-added tax, but excluding agreed shipping costs (incl. VAT). Cash on delivery fees (for payment and shipping method "cash on delivery") are not included in the article price. For orders in our online shop, the prices displayed online at the time of the order apply. There is no minimum order value.
3.2 The amount of shipping costs for online orders can be found in the information provided with the respective products in the online shop (via the highlighted link "Shipping Costs"). If we deliver your order in several parts for technical reasons, we will only charge shipping costs once.
3.3 We offer the payment methods currently visible in the online shop. We reserve the right to reject a contract depending on a credit check. Instead of purchase on account, we may refer to another payment method. There is no entitlement to the payment method "purchase on account".
3.4 Multiple discounts cannot be combined. The higher discount always applies.

4. Delivery, Shipping, and Warranty Rights
4.1 We reserve the right to make partial deliveries, provided that the separately delivered parts of the goods are sent without undue delay.
4.2 Our items are shipped by a shipping service provider. If we send the goods, the risk of loss or damage to the goods only passes to the customer once the goods are delivered to the customer or to a person designated by them, who is not the carrier. However, if the customer has concluded the transport contract themselves, without making use of a selection option proposed by the entrepreneur, the risk already passes upon delivery of the goods to the carrier. Unless otherwise agreed, the customer acquires ownership of the goods at the same time as the transfer of risk. If delivery was not possible, you will be informed of an alternative option. In Germany and Austria, you will generally receive your delivery within 3-5 working days (Saturdays are not counted as working days) after receipt of the order (subject to availability). We deliver to Belgium, Luxembourg, Netherlands, Czech Republic, Denmark, France, Great Britain, Hungary, Italy, Spain, Finland, Greece, Ireland, Poland, Portugal, and Romania within 4-7 working days. You will be informed of any deviating delivery times on the product page. In the event of extraordinary delivery delays, you will receive immediate information.
4.3 We deliver our goods only within the countries Germany, Austria, Belgium, Luxembourg, Netherlands, Czech Republic, Denmark, France, Great Britain, Hungary, Italy, Spain, Finland, Greece, Ireland, Poland, Portugal, and Romania.
4.4 All goods purchases in our online shop are subject to the statutory warranty, i.e., 24 months from receipt of goods. If an exchange or improvement is not possible (too much effort, unreasonable, delay), the buyer is entitled to a price reduction or, if the defect is not minor, to rescission of the contract (conversion). Liability for consequential damages as well as other material and financial damages is excluded, unless it is a consumer transaction.

5. Retention of Title
We retain ownership of the goods delivered by us until full payment of the purchase price.

6. Data Protection
6.1 For processing your order, we store your address and order-related data. This is done in accordance with current legal provisions.
6.2 Please read this statement carefully before using the website, as it explains how we collect, process, and store personal data. Every access to our website and every retrieval of a file stored on this website is logged. The storage serves internal system-related and statistical purposes. The following are logged: hostname and IP of the visitor, exact time of page view, URL accessed, HTTP status code, bytes transferred of the requested URL, if available, the referrer (referring page), and information about the visitor's browser and PC. We process and store all personal data that you transmit to us in the course of inquiries of any kind (e.g., name, address, email address, telephone number, etc.) for the purpose of making contact as requested by you and for further customer relationship management. This data will be stored by us until your written request for deletion. Further personal data will only be collected if you provide information voluntarily, as part of an inquiry or registration, or for the conclusion of a contract or via your browser settings. Should we pass on data to external service providers, technical and organizational measures will be taken to ensure that the transfer complies with the legal provisions of data protection. Data processing is carried out on the basis of the legal provisions of §8 DSG (Austrian Data Protection Act), §96 TKG (Austrian Telecommunications Act). You have the right at any time to request information about the data stored about you, about the origin of the data, the recipients, and the purpose of storing this data. In addition, you have a right to rectification, blocking, or deletion of your data in accordance with legal provisions. To do so, contact us at office@canal-instrumente.at. This privacy policy applies from 11/2016. All future changes to our privacy policy will be announced on this website. You should therefore regularly check this for news or changes. If you have any questions, comments, or other inquiries regarding this privacy policy, please contact us at the address given in the imprint.

Cookies
To make the use of our website as user-friendly and secure as possible for you, and to enable certain functions in the first place, we use so-called cookies. These are small text files that are stored in your browser. Most of the cookies we use are so-called session cookies, which are automatically deleted from your device after you leave our website. Other cookies, so-called long-term cookies, remain stored on your device until you delete them. These cookies allow us to recognize your browser on your next visit. You can prevent the storage of cookies by setting your browser accordingly. However, we point out that in this case you may not be able to fully use all functions of this website.

Session Cookies
To facilitate your browsing on our website, we use a so-called session ID, which is assigned to each visitor at the beginning of using our website. This session ID helps our server to recognize you or your computer/browser as the same visitor, despite any interim IP address changes. This session ID also enables the assignment of several related requests from a user to a single session. The storage period of the session ID cookie we use lasts until the end of a session. It is automatically deleted when you close your browser.

Long-term Cookies
In addition, our website uses functions of the web analysis service Google Analytics, a service of Google Inc. ("Google"), which is Privacy Shield certified. Google Analytics also uses cookies, which, among other things, enable an analysis of how you use the website. As part of the use of Google Analytics by this website, the following types of data are collected: IP address, user behavior, browser data. We only use Google Analytics with activated IP anonymization. This means that your IP address will be truncated by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before transmission. Only in exceptional cases will the full 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 evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. These reports and services are used for the continuous improvement of this website's offering. You can also prevent the collection of data generated by these cookies and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. Other such plug-ins are also provided by other providers depending on the browser used. The storage period for the aforementioned personal data is two years.

7. Place of Jurisdiction and Choice of Law
7.1 For resellers (businesses): The court with subject-matter jurisdiction at our company's registered office is locally competent to decide all disputes arising from this contract. Austrian substantive law applies; the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
7.2 For consumer customers: For all actions brought against a consumer who has their domicile, habitual residence, or place of employment in Austria, due to disputes arising from this contract, one of the courts in whose district the consumer has their domicile, habitual residence, or place of employment is competent. For consumers who do not have a domicile in Austria at the time of concluding the contract, the statutory places of jurisdiction apply.
7.3 Alternative Dispute Resolution: At the beginning of 2016, essential provisions of the Alternative Dispute Resolution Act (AStG) came into force. This implements the corresponding EU directive (Directive 2013/11/EU). Under this law, entrepreneurs can voluntarily submit to an alternative dispute resolution procedure instead of court proceedings. The law applies to remunerated contracts for goods and services, regardless of whether they are concluded online or offline. In Austria, the following bodies for alternative dispute resolution (so-called AS bodies) have been established by law: For web shops or online disputes (unless one of the other arbitration bodies is exceptionally competent), the "Internet Ombudsman" (www.ombudsmann.at) is generally the competent AS body. Participation in arbitration proceedings is generally voluntary. The procedure is initiated upon receipt of a customer's complaint by the aforementioned AS body. Legal representation is not mandatory. According to the so-called ODR Regulation (EU Regulation No. 524/2013 on online dispute resolution for consumer disputes, Online Dispute Resolution), entrepreneurs who conclude online purchase contracts or online service contracts (web shops) must also provide a link to the so-called "Online Dispute Resolution Platform" (ODR Platform) on their website (see here). In addition, the entrepreneur must inform the consumer in the specific case of a dispute (if no agreement can be reached) on paper or another durable medium (email) about the competent AS body for the dispute (Internet Ombudsman). We generally agree to participate in an AS procedure.