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Legal - Imprint - Privacy Policy

Imprint


OMICRON electronics GmbH
Oberes Ried 1
6833 Klaus
Austria



Phone: +43 59495
Fax: +43 59495 9999
Email: info@omicron-lab.com

Company register number:
FN 34227i
Court of registration:
Provincial court of Feldkirch
Legal form:
Company with limited liability
VAT identification number:
ATU36297501
B
usiness activity:
Electronics and trade


Terms of Sale

of
OMICRON Lab,
a division of OMICRON electronics GmbH
6833 Klaus, Austria

General Provisions

By placing your order you agree to be bound by the following OMICRON Lab terms and conditions of sale (the "Terms of Sale" and those shall be applicable to all agreements, offers and deliveries. In the Terms of Sale, "we" and "us" means OMICRON Lab; "you" means “the business customer” and the "parties" means you and us. In order to become effective, any deviating terms of the business customer must be explicitly approved by us. We reserve the right to change the Terms of Sale so please review each time you purchase.

Order Placement and Acceptance

We solely sell and dispatch goods to business customers.
Your order constitutes an offer to purchase goods from us. After finishing your order you get an acknowledgement e-mail showing your final order details. This does not indicate our acceptance. The acceptance of your order will take place only when we dispatch the goods to you.

Payment

For purchases in the online shop we accept MasterCard, and Visa credit cards as well as PayPal payments.
We use safe industry-standard SSL encryption software to securely process your credit card transaction. The payment is taken from your card or from your PayPal account at the time you place your order.
If you prefer another payment method please send, fax or email your order to your service center as shown in the contact section of the website.
You will not acquire ownership of any product from us until the invoice amount has been fully paid.

Pricing

The prices given in the online shop are net prices. The applicable VAT is calculated individually during the ordering process and is added before you finish your order.

Delivery

OMICRON Lab shall use its best efforts to comply with but does not warrant any delivery dates. We, for any reasons, will not be held responsible or liable for delivery problems or delivery failures, including but not limited to wrong delivery address.

Shipping

For business customer locations in EU countries, USA or Hong Kong - Free standard shipping is provided.
For business customer locations outside of EU countries, USA or Hong Kong - shipping terms are CIP customs point of entry, and additional shipping arrangements may be necessary and must be agreed upon by OMICRON Lab in advance. OMICRON Lab reserves the right to cancel and refund an order if a) shipping arrangements cannot be arranged or agreed upon, or b) a problem arises which is unfavorable for the seller or buyer. All orders placed in this European webshop are shipped from Austria.

Taxes and Duties

All shipments for orders placed in this online shop take place from Austria, therefore usually no custom charges or import fees apply for deliveries to business customers inside the European Union. You are responsible for any payment of applicable taxes, customs charges, import fees or other fees. Since customs policies are different from country to country; you should contact your local customs office for further information on charges and clearance procedure before placing an order. When ordering from OMICRON Lab, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.

Order Cancellation

If you are not satisfied with any products you buy from us within the first 30 days, return the product to us and we will refund your full purchase price. Please send an Email request with the following information to RMA@omicron-lab.com prior to the end of the 30th calendar day from date of receipt to obtain a Return Material Authorization (RMA) number.
  • Your name, Email address, and phone number
  • Copy of the original invoice
Please note that incomplete information for returns will not be processed. All returns must be in their original packaging and contain all items shipped with the product. Your payment will be returned as soon as we receive the product. You are responsible for shipping charges to return the product to OMICRON Lab.

Warranty / Guarantee / Damages

1.1

The warranty and guarantee period is 12 months, if not explicitly agreed otherwise in writing. For repairs the period is limited to 6 months.

1.2

In the event of warranty/guarantee, we will at our own discretion, effect reparation or replacement of the product, a price reduction or dissolve the contract. Warranty and guarantee do not include any parts subject to wear or expendable items.

1.3

Any claims for warranty or guarantee are excluded if you or a third party modified, repaired or maintained the products delivered or modified the technical specifications thereof or otherwise intervened. The same shall apply if unsuitable data media is being used or if notice of the defect is not given immediately.

1.4

Upon fulfillment of the statutory requirements, we are liable for any direct personal injuries or damage to property up to an amount of Euro 1 million per claim unless the applicable compulsory law provides for a higher amount. We are not liable for any kind of indirect damage or consequential damage. In no event are we liable for any damage caused by slight negligence.

Repair

If a product is being sent to us for repair, all work must be performed in our plants or certified repair centers. You are obliged to duly dispatch the defective product at your own expense together with a repair order. Upon completion of the service, we will send back the device at your expense. We do not assume any liability for any loss of or damage to goods in transit.

Copyrights

The intellectual property rights in all devices, programs and services, and in all related copyrights, patent rights, trademark rights or proprietary rights shall remain in our exclusive ownership.

Confidentiality

You and OMICRON Lab shall treat all information received from the respective other party in connection with the business relationship and the transaction confidential and shall not disclose such information to any third party. However, we are entitled to use your data for any marketing purposes, e.g. reference.

Final Provisions

1.5

No supplementary agreements have been made.

1.6

In order to avoid misunderstandings, any changes of and amendments to agreements must be made in writing in order to be effective. This shall also apply to any agreed waiver of the written form requirement.

1.7

Should one or several provisions of these Terms of Sale or the agreements amended with the help thereof be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The parties shall replace the provision that is invalid or needs to be amended or interpreted by a new provision that comes as close as possible to the intended economic purpose of the original provision.

1.8

All relationships between the parties shall be exclusively governed by Austrian law. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable.

1.9

Both, OMICRON Lab and the business customer shall take all efforts to settle all disputes arising from the agreements, offers and deliveries or referring to the breach, annulment or invalidity thereof out of court, e.g. by mediation. Should the parties fail to reach an agreement within a period of four weeks, any such dispute shall, at our option, be finally settled by the competent court in 6800 Feldkirch or by an arbitral tribunal pursuant to the arbitration and conciliation rules of the international arbitral tribunal of the Austrian Chamber of Commerce in Vienna (Vienna Rules) by one or several arbitrators appointed in accordance with such rules. The place of arbitration shall be Vienna. The language of the arbitration proceedings shall be English. The arbitral tribunal shall apply the law as specified in section 1.8above. The four-weeks period shall commence upon receipt of a contracting party’s written request to settle a dispute.

1.10

Any data related to this Agreement shall be stored on an Electronic Data Processing device by us and shall be transmitted to other companies or business units of the OMICRON group so far as this is required in order to duly provide the contractual services, to handle the business customer’s affairs or for any business activities performed by OMICRON Lab. The business customer declares his consent to the above.


Privacy Policy

Your privacy is important to us. To better protect your privacy, we have developed this policy explaining our online information practices and the choices you can make about the way your information is collected and used.
 
Collection And Disclosure Of Information
OMICRON collects and stores information about registered users of this Web site so that we can efficiently provide services to our customers. We use information about our customers, their business, and the products they use to provide or enhance the services we make available, to enhance our ability to communicate with our customers about additional services they may find of value, to satisfy our legitimate business interests (including performing trend analysis and market studies), to set prices, establish credit, fulfill contracts, accomplish billing functions, and to comply with government regulations. OMICRON is the sole owner of information we collect.
As OMICRON collects and uses information about our customers, we may contract with vendors, business partners and other third-party sources to assist us in processing that information or providing customer services. These third parties are required to maintain the confidentiality of the information we provide and are restricted from using the information for any purpose other than helping to provide our services to our customers.
Some of the information we collect is personal data or data which relates to an identifiable person. Examples of personal data are names, street addresses, e-mail addresses, credit card numbers and telephone numbers. We do not sell information to third parties that could be used to specifically identify an individual customer. We may, however, share personal data with certain of our business partners in situations where you are using an OMICRON service with or through that partner or vendor. OMICRON also may share aggregated demographic data with our strategic partners and advertisers. This type of data is not linked to any personal information that can identify any individual person. Finally, we may provide aggregated or personal data to government agencies as required by law.
In addition to the uses of the information described in the paragraphs above, we collect telephone numbers, e-mail addresses and other contact information in the event that we have to contact customers or vendors to resolve a question or provide other customer services.
 
Security And Integrity Of Information
OMICRON makes every effort to protect collected data against loss and unauthorized access. We employ industry-accepted information security techniques to appropriately protect confidential information from unauthorized access. Access to customer information is limited to our employees who have a legitimate business need for that information. Our Web site and its supporting systems employ generally accepted information security techniques such as SSL (secure socket layer), and access control procedures to appropriately protect confidential information from unauthorized access.
 
Retention Of Customer Information
We retain information about customers as necessary for business purposes and as required by government regulation. The Federal Government may require us, as well as other third parties, to maintain and share with each other, records of certain of your personal information. We carefully dispose of records and delete information when our internal retention periods expire.


DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OMICRON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OMICRON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OMICRON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
 
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OMICRON BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF OMICRON OR AN OMICRON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OMICRON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND USE OF THIS SITE.
 
ASSENT
Your continued use of our Web site signifies your assent to the Terms and Conditions of Use. We reserve the right, at our discretion, to, modify, add, or remove portions of this policy at any time. Please check this page periodically for changes.
 
CONTACTING US
If you have questions about the Terms and Conditions of Use, the practices of this Web site, or your experience here, you can contact: support@omicron-lab.com.
Comments, suggestions or materials sent or transmitted to us will be deemed to be non-confidential. We have no obligation of any kind other than those obligations set forth in these Terms and Conditions with respect to such comments, suggestions or materials.
 
CHANGES TO THIS POLICY
If we decide to change these Terms and Conditions, we will post these changes on our Web site so our users and customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.