Terms & Conditions

Conrad Electronic International GmbH & Co KG 

Consumer Terms & Conditions (Mail Order and Online Purchases)

(1 December 2018)

1. Purview

All contractual agreements entered into by Conrad Electronic International GmbH & Co KG (herein after referred to as “Conrad Electronic”) and customers are subject to the Terms & Conditions applying at the time the contract takes effect.

2. Contracting Parties

Placing orders via conrad.com are possible for all persons from the European Economic Area, regardless of residence, origin or nationality. Orders placed outside the European Economic Area are subject to the restrictions listed on the following delivery page.

All contractual agreements entered into will be between Conrad Electronic and individual customers (herein referred to as “the Consumer”) who must be 18 years of age and legally competent. If Conrad Electronic should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, any contractual agreement between the two parties becomes void with immediate effect.

Placing an order on www.conrad.com requires the Consumer to register/set up a Conrad online account (i.e. user profile). Consumers must register under their own name, and complete all mandatory fields correctly.

3. Contract

By submitting an order online (i.e. after selecting the product(s), completing the Conrad Electronic online order form and confirming the order by clicking the submit button), or by placing an order in the form of an email, fax, letter or phone call, Consumers issue a legally binding purchase offer which will need to be accepted by Conrad Electronic.

Conrad Electronic reserves the right to refuse orders. If Conrad Electronic should reject an order, the Consumer will be notified immediately.

A legally binding contract will be formed between Conrad Electronic and the Consumer at the time of Conrad Electronic formally confirming the order, or at the time the Consumer has received the goods. N.B. Any automated messages sent by Conrad to Consumers in response to Consumers submitting their orders do not constitute a formal order confirmation.

4. Right to Cancel and Return Policy

4.1 Right to Cancel

The Consumer can cancel an order without giving a reason within a time period of fourteen (14) days by notifying Conrad Electronic in writing, sending a letter, fax or email to

Conrad Electronic International GmbH & Co KG
International Customer Service
Durisolstrasse 2
4600 Wels
Austria
Fax +43 (0) 50 90 70 2100
Email: sales@conrad.com

Orders may be cancelled within a time period of fourteen (14) days, commencing on the day the Consumer, or a representative acting on behalf of the Consumer (excluding members of postal or carrier services), has received the goods. If the delivery comprises multiple separate shipments, the time period commences on the day the Consumer, or a representative acting on behalf of the Consumer (excluding members of postal or carrier services), has received the shipment that completes the delivery.

4.2 Cancellation & Refunds

Conrad Electronic shall refund all payments received from the Consumer within a time period of fourteen (14) days after the Consumer has cancelled an order. However, Conrad Electronic will not refund any delivery costs incurred by the Consumer opting for delivery methods other than those offered by Conrad Electronic at the time the order was placed. Unless otherwise agreed, Conrad Electronic will issue refunds by using the same payment method the Consumer has chosen when paying for the order. If the original payment method is not an available option (e.g. if the order was paid for using CoD), Conrad shall refund the Consumer by either arranging for a bank transfer (BACS), or by issuing a crossed cheque. Furthermore, refunding the Consumer shall not incur any charges.

Conrad Electronic shall have the right to refuse issuing a refund until any goods dispatched under the terms of the contract have been returned, or the Consumer has provided proof of return.

The Consumer shall return any goods within a time period of fourteen days commencing on the day the Consumer has notified Conrad Electronic of the order cancellation. Consumers must provide proof of return upon request.

4.3 Returns & Return Costs

If cancelling an order involves returning items to Conrad Electronic the Consumer agrees to pay the cost of return delivery.

Items that can be returned via mail should be sent to:

Conrad Electronic SE
Customer Care Department
Klaus-Conrad-Straße 2
92533 Wernberg
Germany

Consumers must ensure that the correct return postage is paid. All surcharges incurred by returning an item with insufficient postage will be billed to the Consumer.

If the accumulated size or weight of the items prevents returning these items via standard mail, standard courier or parcel carrier, Conrad Electronic will provide a Returns Service (optional), with the cost of return delivery to be paid by the Consumer. Consumers who wish to use the Returns Service may indicate this either at the time they cancel the respective order, or at a later time, by notifying Conrad Electronics by phone, or sending a letter, fax or email to

Conrad Electronic International GmbH & Co KG, 
Durisolstrasse 2 
4600 Wels
Austria
Fax +43 (0) 50 90 70 - 2100
Email: sales@conrad.com

The return delivery charge using the Conrad Electronic Returns Service is € 250.- (incl. VAT). Consumers must make sure that the item to be returned is properly wrapped up and ready for transport.

Consumers who do not wish to use the Returns Service are legally required to arrange for the return of the items themselves.

Return address:
Conrad Electronic SE
Customer Care Department
Klaus-Conrad-Straße 2
92533 Wernberg
Germany

Conrad Electronic will pay the cost of return delivery if the Consumer returns an item wrongly sent to the Consumer, or if the Consumer has received faulty goods. In these cases, the Consumer must notify Conrad Electronic either by

a. a letter to Conrad Electronic International GmbH & Co KG, Durisolstrasse 2, 4600 Wels, Austria;
b. a fax to +43 (0) 50 90 70 – 2100; or
c. an email sent to sales@conrad.com

N.B.: Your right to cancel does not affect your statutory rights.

4.4 Voluntary Returns

In addtion to their statutory rights, customers may return items within 30 days of the date they received the item without giving any reasons.

Items that can be returned via mail should be sent to

Conrad Elelectronic SE
Customer Service
Klaus Conrad Strasse 2
92533 Wernberg
Germany

All surcharges incurred by returning an item with insufficient postage will be billed to the customer.

The following conditions apply:

i. returned goods must be unused,
ii. returned goods must be in perfect original condition,
iii. all goods must be returned with all components.

If the accumulated size or weight of the items prevents returning these items via standard mail, Conrad Electronic will provide a Returns Service, with the cost of return delivery to be paid by the Consumer. Consumers who wish to use the Returns Service may indicate this either at the time they wish to return the respective item(s), or at a later time, by notifying Conrad Electronics by phone, or sending a letter, fax or email to

Conrad Electronic International GmbH & Co KG,
Durisolstrasse 2
4600 Wels
Austria
Fax +43 (0) 50 90 70 2100
Email: sales@conrad.com

The return delivery charge using the Conrad Electronic Returns Service is € 250.- (incl. VAT). Consumers must make sure that the item to be returned is properly wrapped up and ready for transport.

Consumers who do not wish to use the Returns Service are legally required to arrange for the return of the items themselves. Return address: Conrad Electronic SE, Customer Service, Klaus Conrad Strasse 2, 92533 Wernberg, Germany.

Moreover, Consumers who voluntarily return items but do not wish to use the Returns Service provided by Conrad Electronic, 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.

4.5 Items Exempt from Cancellation Rights/Voluntary Returns

The Right to Cancel/Voluntary Returns does not apply to

• Contracts for the supply of goods that are made to the consumer's specifications or are clearly personalised.
• Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
• Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
• Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.

5. Goods Inspection – Depreciation - Damages

The Consumer shall have the right to inspect any goods received from Conrad Electronic. This inspection may include carrying out a brief function test to ensure the purchased item is in full working order. However, the Consumers right to inspect the purchased goods does not include prolonged use of the items.

The Consumer is liable for any depreciation of items resulting from inappropriate use during the inspection of the goods.

The Consumer is liable for any damages to the purchased item that occur during the inspection of the goods. However, the Consumer's liability shall not exceed the purchase price of the item.

6. Limited Availability of Items or Services

In the case of items no longer available at Conrad at the time the Consumer's order has been received, Conrad Electronic reserves the right to either offer the Consumer items and services matching both quality and price of the original order, or to cancel the order entirely. In the latter case, Conrad Electronic shall reimburse any payment made by the Consumer. Conrad Electronic shall refund Consumers paying On Account by crediting their respective customer account with the appropriate amount.

7. Typographical Errors

Conrad Electronic reserves the right to amend product details in printed catalogues/on Conrad websites if they should be found incorrect or incomplete. In these cases the Consumer shall be entitled to explicitly re-confirm the purchase order taking into account the new details. Otherwise, Conrad Electronic shall have the right to cancel the order. Conrad Electronic shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.

8. Delivery

Placing orders via conrad.com are possible for all persons from the European Economic Area, regardless of residence, origin or nationality. Orders placed outside the European Economic Area are subject to the restrictions listed on the following delivery page.

Unless otherwise agreed, orders dispatched to countries with the following delivery terms and times. For orders that have been paid in advance, the delivery period commences the day after payment has been received. For all other payment options, the delivery period starts the day after the order has been confirmed. N.B. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday in Austria, the delivery period is extended to the following working day.

Claims related to incomplete deliveries or goods damaged during the delivery process must be directed at the respective delivery service, and must be made within 24 hours after the order has been delivered. Replacement items are subject to the Consumer providing to Conrad Electronic proof of the claim being made.

9. Delivery Rates

The amount Consumers pay will be the item price quoted plus delivery charges. The latest domestic and international shipping rates to countries Conrad operates in are available on the Conrad Electronic webpage (click here). Moreover, the delivery costs applying to a given online order are displayed on the checkout page (i.e. the penultimate step in the online ordering process prior to submitting the order). The customer has to bear the direct costs of the return in the case of a revocation.

10. Pricing

All prices quoted on www.conrad.com are in EURO and represent the total amount due, including VAT charge at the rate that applies in the Consumer's country on the day of purchase (Checkout). Conrad Electronic reserves the right to individually price items offered online. This means that prices stated on www.conrad.com may differ from the prices quoted in Conrad Electronic print catalogues/leaflets. Conrad Electronic is under legal obligation to implement any changes in VAT. For technical reasons, prices displayed in the shopping basket during the check-out may differ from those quoted on the product pages. In this case, prices displayed check-out page apply. Conrad Electronic reserves the right to amend prices displayed in the shopping basket if the amount quoted should be incorrect or incomplete.

Conrad Electronic is under legal obligation to implement any price changes in relation to the Fixed Book Price agreement (FBPL), including changes in VAT.

Conrad Electronic reserves the right to amend prices if the amount quoted in printed catalogues and on the Conrad Electronic webpage should be incorrect or incomplete. In these cases, Conrad Electronic shall notify the Consumer of the price change, with the Consumer being entitled to explicitly re-confirm the purchase order at the new price. Otherwise, Conrad Electronic shall have the right to cancel the order. Conrad Electronic shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.

11. Payment Conditions

All payments are in EURO. Conrad Electronic offers the following payment options: Advance Payment, as well as payment by credit card and via PayPal.

Please note that any bank transfer charges incurred in respect of your order will be added to your balance.
If we do not receive your payment within 20 days, your order will be cancelled automatically.

You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made with your order. Defaults in Direct Debit shall incur the following payment charges which shall be full9y borne by the Consumer: Insufficient funds - € 7.- (incl. VAT); DD customer objection fee - € 4.- (incl. VAT); providing incorrect bank details - € 7.- (incl. VAT).

Defaulting on payment shall incur a payment charge of € 4.- for each reminder sent to the Consumer by Conrad Electronic, as well as default interest charged at the rate 12 percent p.a.

Further defaulting on payment shall result in the assignment of a collection agency. All costs associated with recovering the debt are at the expense of the Consumer (legally capped, based on Art. 6 para. 1 sentence 1 letter f DSGVO, as outlined below).

 

 

Payments will be applied to interest and charges first.

Conrad Electronic shall have the right to provide the debt collection agency with the Consumer's name (including maiden name, as well as any previous names), gender, last known address, occupation, the amount owed and the Consumer's previous credit rating.

12. Retention of Title

Title to any items shall remain vested in Conrad Electronic and shall not pass to the Consumer until the purchase price for the items has been paid in full and received by Conrad Electronic. Any replacement items provided by Conrad Electronic shall remain vested in Conrad Electronic until the item has been received by the Consumer. Upon receipt, the item shall become the property of the Consumer.

13. Warranty

Conrad Electronic shall ensure that all items are of satisfactory quality, fit for purpose and as described. Properties and specification of any delivered item shall be according to the product information provided in Conrad Electronic mail order catalogues and on the Conrad Electronic webpage (www.conrad.com). Conrad Electronic provides a 2-year warranty on all new items. The guarantee period commences at the delivery date.

In the case of the delivered item being faulty or damaged, Conrad Electronic shall either repair the item or provide the Consumer with a replacement item. If Conrad Electronic is unable to repair a faulty item, or provide the Consumer with a replacement item, the Consumer shall be entitled to ask for a reduction of the purchase price, or cancel the order. However, the right to cancel does not apply in the case of minor item faults.

Warranties provided by Conrad Electronic only apply to single items. Warranties for aggregates of items require a mutual agreement between Conrad Electronic and the Consumer at the time of purchase.

Conrad Electronic shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the Consumer.

Conrad Electronic receiving a returned item in conjunction with a claim does not automatically constitute Conrad Electronic accepting the claim.

Conrad Electronic shall not be liable for claims in conjunction with warranties provided by item manufacturers and other third parties at the time of purchase. Consumers wishing to make a claim need to contact the manufacturer of the item directly.

14. Liability

Conrad Electronic is not liable to the Consumer (or any other parties) for

a. any loss or damage which was not caused by Conrad Electronic's breach of contract or Conrad Electronic's breach of legal duty of care; 
b. any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if at the time Conrad Electronic SE and you entered into the contract, either
(i) such loss or damage was contemplated by Conrad Electronic and the Consumer, or 
(ii) the Consumer notified Conrad Electronic that the loss or damage may occur if Conrad Elec- 
tronic SE breached the Contract or Conrad Electronic's legal duty of care;
c. any loss or damage caused by The Consumer's use of Conrad Electronic's webpage, help desks or call centres.

Unless otherwise agreed, Conrad Electronic shall not be liable to the Consumer (or any other parties) for any damage, and injuries, or loss of income, business or profits as a result of the loss, corruption of, or damage to, data stored by the Consumer on items purchased from Conrad Electronic.

Nothing in these Terms & Conditions shall affect Conrad Electronic's liabilities under the Consumer Protection Act.

Nothing in these Terms & Conditions shall exclude or limit Conrad Electronic's liability for (i) fraud; (ii) personal injury caused by Conrad Electronic's negligence; or (iii) liability which may not be excluded or limited under any applicable law.

15. Changes in Customer Details

The Consumer shall notify Conrad Electronic immediately of any changes in the shipping address, invoice address and contact details, as well as of any relevant changes in the Consumer‘ personal details (such as name changes) in relation to any orders being processed or in any other way awaiting completion. Orders will be dispatched to the Consumer’s last known address/contact. Conrad Electronic cannot be held responsible for any losses or damages incurred as a result of out-of-date Consumer details.

16. Applicable Law & Jurisdiction

All contractual agreements between Conrad Electronic and The Consumer shall be governed by and construed in accordance with the laws of the Republic of Austria.

The legal language is German. Although Conrad Electronic offers an English and French language version of the website content and Conrad Electronic's Terms & Conditions, these translations are provided for the Consumer's convenience only. The German language version of the Terms & Condition shall govern both the Consumer's usage of the website and all contractual agreements entered into by placing an order on www.conrad.com.

17. Miscellaneous

By purchasing items from Conrad Electronics, Consumers automatically waive their right to set-off as well as all lien rights. However, this waiver does not apply in case of Conrad Electronic going into administration, Consumers exerting their statutory creditor rights against Conrad Electronic, compensation orders, and claims accepted for adjudication by Conrad Electronic.

The registered office of Conrad Electronic International GmbH & Co KG is located at Durisolstrasse 2, 4600 Wels, Republic of Austria.

Consumers shall notify Conrad Electronic of any debt assignments in writing. Until notified, any payments made by Conrad Electronic shall be applied to discharge the liabilities.

Both Conrad Electronic and the Consumer submit to the exclusive jurisdiction of the Courts of Wels (Austria) for the determination of disputes arising under any contractual agreement.

Conrad Electronic International GmbH & Co KG
Company Reg No: Landesgericht Wels, FN 366449 x