Terms and conditions
General Terms and Conditions and Data Protection
General Terms and Conditions (GTC)
valid from January 2018
1. Scope and Language of the Contract
1.1 Our deliveries are subject to the following General Terms and Conditions (GTC).
1.2 Our customers include both consumers (§ 1 KSchG, Consumer Protection Act) and entrepreneurs (§ 1 KSchG, Consumer Protection Act). The statutory provisions applicable to our business relationship with consumers or entrepreneurs shall apply.
1.3 Your order will include an overview of your purchase. In the shopping cart, you can check any input errors before placing your order and correct them easily using the fields provided there ("x" or using the number control). You can find the valid general terms and conditions via the link in the lower area. You will receive an automatic order confirmation via e-mail after your order has been paid for.
1.4 We gladly accept orders from corporate customers by telephone (Mon-Fri from 8:00-12:00 and 13:00-17:00), fax, e-mail or via our online shop. Consumer customers can only order via the online shop.
1.5 Your order represents a binding offer to us to conclude a purchase contract. In case of orders placed in our online shop you receive the above-mentioned order confirmation. However, this does not yet represent a binding acceptance of your order. The binding purchase contract only comes into effect when you receive a corresponding declaration of acceptance by means of a separate e-mail or in some other way.
1.6 All texts on this website are currently only available 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 statutory right of withdrawal/cancellation for online and shipping orders.
2.2 Information on the Right of Withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you or a third party you have designated, who is not the carrier, took or has taken 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: firstname.lastname@example.org, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
2.3 Effects 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 14 days from the day on which we are informed about your decision to withdraw from this contract. 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 any event, you will not 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 the goods or hand them over 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. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of the contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. The cost of returning the goods shall be borne by the customer/consumer. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
2.4 A model revocation form can be downloaded in the "Return" section.
3. Prices, Shipping Costs and Terms and Conditions of Payment
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 charges (for payment and shipping "cash on delivery") are not included in the item price. For orders in our online shop, the prices displayed online at the time of ordering apply. There is no minimum order value.
3.2 The amount of shipping costs for online orders can be found in the information on 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 charge the shipping costs only once.
3.3 We offer you the payment methods currently available in our online shop. We reserve the right to refuse a contract depending on the credit assessment. Instead of purchase on account we refer to another method of payment if necessary. There is no claim to the payment method “invoice purchase”.
3.4 Several discounts cannot be combined. The higher discount always applies.
4. Delivery, Dispatch and Warranty
4.1 We reserve the right to make partial deliveries, provided that the separately delivered parts of the goods are sent without unnecessary delay.
4.2 Our articles are delivered by DPD. If we send the goods, the risk for loss or damage of the goods shall not pass to the customer until the goods have been delivered to the customer or to a carrier designated by the customer. However, if the customer himself has concluded the contract of carriage without making use of a choice proposed by the company, the risk shall pass to the carrier as soon as the goods are handed over. Unless otherwise agreed, the customer shall acquire ownership of the goods at the same time as the risk passes. If delivery was not possible, you will be informed of an alternative option. In Germany and Austria, you will normally receive your order within 3 to 5 working days (Saturdays do not count as working days) after receipt (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. On the product page you will be informed about deviating delivery periods if necessary. You will receive information immediately in the event of delivery delays.
4.3 We deliver our goods only within Germany, Austria, Belgium, Luxembourg, Netherlands, Czech Republic, Denmark, France, Great Britain, Hungary, Italy, Spain, Finland, Greece, Ireland, Poland, Portugal and Romania.
4.4 All purchases of goods in our online shop are subject to the statutory warranty, i.e. 24 months from receipt of goods. If replacement or improvement is not possible (excessive effort, unreasonable, delay in delivery), the buyer is entitled to a price reduction or, if the defect is not insignificant, to cancellation of the contract (rescission). Liability for consequential damages and other material and financial losses is excluded, unless it is a consumer transaction.
5. Retention of Title
We reserve title to the goods delivered by us until the purchase price has been paid in full.
6. Data Protection
6.1 We store your address and order-related data for processing your order. This is done on the basis of the current legal regulations.
In order to make the use of our website as user-friendly and secure as possible, as well as to make certain functions possible, 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, 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. We point out, however, that you may not be able to use all the features of this website in full.
In order to make it easier for you to browse our website, we use a so-called session ID, which is assigned to every visitor at the beginning of the use of our website. This session ID is used by our server to recognize you or your computer / browser as the same visitor, even though the IP address may have changed in the meantime. This session ID also makes it possible to assign several related requests from a user to a session. The storage duration of the session ID cookie used by us is up to the end of a session. When you quit your browser, it is automatically deleted.
In addition, our website uses features of the web analytics service Google Analytics, a service of Google Inc. ("Google") which has Privacy Shield certification.
7. Place of Jurisdiction and Choice of Law
7.1 For resellers (entrepreneurs): For deciding any and all disputes arising from this contract, the competent local court at the registered office of our company is competent. 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 his domicile, habitual residence or place of employment in Austria for disputes arising from this contract, one of those courts shall have jurisdiction in whose jurisdiction the consumer has his domicile, habitual residence or place of employment. For consumers who are not resident in Austria at the time the contract is concluded, the places of jurisdiction as provided by law shall apply.
7.3 Alternative Dispute Resolution: The main provisions of the Alternative Dispute Resolution Act (AStG) came into force at the beginning of 2016. This implements the corresponding EU Directive (Directive 2013/11/EU). Under this law, entrepreneurs may also voluntarily submit to an alternative dispute resolution procedure instead of legal proceedings. The law applies to paid contracts for goods and services, whether inside or outside the Internet. In Austria, the following alternative dispute resolution bodies (so-called AS bodies) were established by law: For web shops or online disputes (unless one of the other arbitration bodies is responsible in exceptional cases), the "Internet Ombudsmann" (www.ombudsmann.at) is usually the responsible AS office. Participation in arbitration proceedings is generally voluntary. The procedure is initiated with the receipt of a complaint from the customer at the above-mentioned AS office. There is no duty for being represented by a lawyer. According to the so-called ODR Regulation (EU Regulation No. 524/2013 on online dispute resolution for consumer disputes) entrepreneurs who enter into 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, in the specific dispute (if no agreement can be reached) on paper or another durable data medium (e-mail), the entrepreneur must inform the consumer of the AS office (Internet ombudsman) responsible for the dispute. We generally agree to participate in an AS procedure.