Terms of Service

Version: 1st June 2023

This version replaces all previous versions. We recommend to archive these terms & conditions together with your order confirmation.

IMPORTANT. Please read these terms and conditions carefully, because this document describes the Conditions (the ‘Conditions’) upon which CONTROLLINO GmbH (‘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. Conditions 

   1. mentioned here apply to all offers of CONTROLLINO GmbH (from now on to be called CONTROLLINO) and to all agreements with Customers of CONTROLLINO GmbH.
   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.
   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.
   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.
   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.
   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.
   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. 
   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.

1. Ordering and realisation of an agreement

   1. Orders can be placed online via CONTROLLINO website www.controllino.com, per e-mail, fax, and telephone.

   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.

   3. CONTROLLINO reserves the right to deny the delivery of orders that cannot be fulfilled due to political reasons, legal restrictions, or non-compliance with CONTROLLINO code of conduct. In such cases, where CONTROLLINO determines that delivery is not feasible or appropriate, CONTROLLINO may refuse to fulfil the order. CONTROLLINO shall not be held liable for any consequences arising from the denial of delivery in such circumstances.

   4. Because of logistic purpose there is a minimum order quantity. The quantity depends on product, cart amount and shipping destination.

   5. If it is not possible for CONTROLLINO to accept an order for a certain product, no matter the reason, CONTROLLINO will try to deliver a comparable Product with regard to price and quality. The order will be accepted after agreement has been reached.

   6. 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.

The contract’s content will be stored. You may store the general terms and conditions and readily look them up. For safety reasons your order’s data are not available via internet. We keep these data in confidence according to our privacy policy.

1. Prices

   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.
   2. As long as there is no official agreement, CONTROLLINO has the right to change prices and other conditions.
   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.
   4. CONTROLLINO is authorised to carry through changes in taxes and costs, also after realising an agreement.

1. Electronic Invoices

   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.
   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.
   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. 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.
   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.
   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.

1. Delivery

   1. Delivery and Transport: CONTROLLINO shall have the sole discretion to determine the manner of transport and select the transporter for all orders. The goods will be delivered to the delivery address provided by the customer during the ordering process.

   2. Partial Deliveries: CONTROLLINO reserves the right to deliver orders partially, if necessary. There will be no additional costs incurred by the customer for such partial deliveries or for deliveries made at a later date.

   3. Incomplete Deliveries: Despite exercising due care in handling deliveries, there may be instances where the customer receives an incomplete order. If the customer reports such an issue within seven days of (partial) receipt of the goods, CONTROLLINO will take responsibility for replenishing the missing items or placing a second delivery at its own expense.

   4. Incoterms and Import Duties: For products purchased outside of the European Union, CONTROLLINO ships under Incoterm (2020) DAP (Delivered at Place). In such cases, the shipment carrier appointed by CONTROLLINO will charge the customer for any applicable import taxes and customs fees.

   5. Express Delivery and Non-Standard Options: CONTROLLINO may offer faster express delivery options to customers; however, the availability of non-standard delivery options is not guaranteed.

   6. When placing offline orders, the delivery costs shall be calculated based on a per-lot basis. The maximum lot size will be determined individually, taking into account factors such as the transport method and shipping destination. Typically, the maximum lot size ranges between 500 and 1.000 pieces, subject to the forementioned considerations.
       
       

2. VAT and other tax obligations

   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.
   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.
   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.

   4. Value Added Taxes and Other Product-Related Taxes: Any value-added taxes and other product-related taxes that CONTROLLINO is required to add to the invoice will be calculated based on the delivery address provided by the customer. 

   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.

1. Payment

   1. Payment takes place per credit card, debit card or on other conditions as described on our website.
   2. Within SEPA countries it is possible to pay in advance via bank transfer
   3. If you wish/need to place an order outside SEPA countries using bank transfer please write an e-mail to: sales@controllino.com.
   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. 
   5. It is not allowed to settle a purchase with a debt-claim on CONTROLLINO , unless this is yet agreed in letter.
   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. 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.
   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.
   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.
       
       

2. Property restriction

   1. Delivered Goods will stay the property of CONTROLLINO until all payment obligations have been fulfilled by The Customer.
   2. CONTROLLINO is irrevocably authorised to take the Goods back if these still are the property of CONTROLLINO .

1. Sale and return period and returns

   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/.
   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.
   3. Goods delivered by CONTROLLINO that are not been returned in the sale-and-return period of14 working days (Voluntary Returns), as described in 9.1, the purchase will be regarded as final.
   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.
   5. The following categories of Goods are excluded from the right of return from the moment the package has been opened:
      1. custom-made items tailored to the Customer’s own specifications, or items personalised in any way;
      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;
      3. spares and replacement parts as well as special items ordered by The Customer, including items ordered by CONTROLLINO on behalf of The Customer;
      4. calibrated measurement instruments/diagnostics;
      5. wholesale items subject to discounts, or governed by agreements other than our GTCs.
   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.
   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.
   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. 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.
   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.
   11. If you:
       1. Paid by credit/debit card, we will make a credit note and refund the amount back to your credit/debit card.
       2. Paid in advance, we will make a credit note and refund the amount back to your bank account.
       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.
   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.
   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.

1. Warranty

   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).
   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.
   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.)
   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:
      1. if the fault or damage to the product occurred during the transportation outside of the responsibility CONTROLLINO
      2. if there have been made modifications to the Product
      3. a break or scratch to the product’s exterior while in the customer’s possession,
      4. if the product has been opened, used, or previously repaired by unauthorized persons
      5. if the product serial number has been altered or removed
      6. if deficiencies originate from wrong or incorrect use, such as ignoring the accompanying manual.
      7. use of the product by plugging into inappropriate voltages or with faulty electric
      8. when our product is damaged due to use with accessories or devices purchased from other firms or unauthorized services
      9. the deficiency originates intentionally or because of a severe lack of attentiveness
      10. external factors out of the control of CONTROLLINO , such as a electricity fall-out, natural disasters, fire, lightning, flood, earthquake, etc.
      11. product has NOT been sufficiently protected against transporting damage during the return.
      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:

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.

1. Responsibility

   1. The liability of CONTROLLINO with regard to sale and delivery of Goods is explicitly limited to the warranty as described in article 10.
   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.
   3. For the rest, each responsibility of CONTROLLINO is restricted to the actual payed amount of the relevant invoice.

 

1. Terms of website use

   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
   2. You are only allowed to use the material contained on this website for Your own personal and non-commercial use.
   3. You agree not to intentionally misuse our website.
   4. Our website may contain links to other websites unrelated to us. We are not responsible for the content or practices of these websites.

1. Information services

   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.
   2. CONTROLLINO provides the following information at its website:
      1. Registered address and the registration number at the Chamber of Commerce
      2. the most important Product specifications, such as the price
      3. the method of delivery and payment and the corresponding costs
      4. the address for handing in complaints, different than the address of the place of business
   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.
   4. We reserve the right to randomly monitor and record inbound and outbound calls.

1. Disagreements

   1. These Conditions are based on Austrian legislation.
   2. Disagreements will be solved in mutual consultation as much as possible.
   3. Registered Office: FN 450372 m, place of jurisdiction: Innsbruck. VAT No: ATU70579439.
       
       

2. Force Majeure

   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.