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GTC & Data privacy statement

Online Shop GTC, status: March 2015

1. Scope of application

1.1 The following General Terms and Conditions of the Fontana “online shop” apply to all business relations between Fontana Sportveranstaltungs GmbH (abbreviated: Fontana) and its customers, in the version respectively valid on the date of the conclusion of contract.

1.2 Terms deviating from these General Terms and Conditions will not be accepted by Fontana and they do not become part of the contract, unless Fontana has expressly agreed to the deviating terms in writing.

2. References and links

2.1 References and links to external websites merely serve as guidance. Fontana does not identify itself with the content of external websites to which reference is made or to which links are set. Liability of Fontana for linked websites is established only in accordance with Sec. 17 ECG [Electronic Commerce Act]. For the case that illegal contents are discovered on a linked page, Fontana requests notice thereof so as to delete the link following review. Setting links to the website of Fontana is permitted only with the explicit written approval from Fontana.

3. Data privacy

3.1 Fontana undertakes to treat customers’ personal data as confidential in accordance with legal regulations. Customer data are processed for the purposes of contract fulfilment, delivery and accounting. Fontana reserves further types of data processing to the legally permissible extent.

3.2 Customer data are gathered, processed, used and forwarded to contracted partners solely to the extent, as this is necessary for establishing, executing or fulfilling contractual obligations and for the processing of the further business relationship between the customer and Fontana. The customer has a right to object to this data usage in the event of an infringement on the predominant interests for confidentiality qualifying for protection, which arise from the customer’s particular situation. All vicarious agents of Fontana are obligated for observation of the Data Protection Act.

3.3 Invoice data are stored internal of the company, and a request from the customer for the provision of information about these data can be sent at any time to the email address office@fontana.at.

3.4 Personalised recommendations are displayed to the visitors of the website fontana.at. These are based on the items the visitors have viewed, searched for or purchased once before at the fontana.at website. This “information” is stored in the process in anonymised form in a so-called cookie. The personal data of the visitor, e.g. name, date of birth and address are not stored, and any conclusions as to the identity of the visitor are precluded.

3.5 Information about the website visitors’ browsing behaviour is gathered and stored in anonymised form on fontana.at for marketing purposes and subject to the General Terms and Conditions. This serves for purpose of the statistical analysis of the fontana.at website. These data are stored by means of so-called “cookie” text files on the visitor’s computer and permit Fontana to analyse the browsing behaviour in anonymised form. This includes for example, the website visitor’s city, the browser type and operating system used by the website visitor, as well as the pages of the internet appearance visited last by them. Direct conclusions as to identity are precluded in this process. The gathered data are utilised merely for the improvement of the offer, which is why all IP addresses are truncated so that the IP addresses are processed in anonymised form only. The data are not utilised in any other way and neither disseminated to third parties. The data are stored for an unlimited period of time.

3.6 To make the online shop a more personal experience, so-called social plug-ins of Facebook and Google are used at fontana.at For this purpose, Fontana uses the “LIKE” button and den “Google +1” button. These are offers of the U.S. companies Facebook Inc. (1601 Willow Road, Menlo Park, CA 94025, USA) and Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). When a visitor comes to a page at fontana.at, which contains such a plug-in, this however will not establish a relationship with said companies. This is only the case upon explicit consent, for which the visitor is asked by clicking on a corresponding button. In respect of the use of the data after the consent is given, Facebook and Google provide detailed information on their websites (Facebook Data Policy, Google Privacy Policy) regarding the method, purpose and further processing of the data.

4. Conclusion of contract

4.1 Contract partners are the customer and Fontana, Fontana Allee 1, 2522 Oberwaltersdorf.

4.2 The offers on Fontana’s website represent a non-binding invitation to the customer for ordering products. Upon the order of products, the customer submits a legally binding offer for the purchase of these products. The order can be placed by filling out and submitting the online form on the internet or by email, fax, telephone or post. The customer’s offer becomes effective as soon as the order is received by Fontana. The customer’s order will be confirmed by means of an order confirmation sent by email, which also lists all data of the order. The order confirmation does not constitute an acceptance of the offer but merely serves as information for the customer that the order was received by Fontana.

4.3 Fontana may accept an offer for the purchase of products within 7 working days as of the receipt. Upon idle lapse of the period, an offer will be deemed rejected. The acceptance is declared by transmission of an order confirmation or delivery of the ordered products. The date of sending the acceptance is decisive for the acceptance period. Order confirmations can also be sent by email.

5. Prices, payment and reservation of title

5.1 The prices apply as listed on Fontana’s website on the date of the order. All price quotes are understood in euro (EUR) including the statutory value added tax, without shipping costs. Unless agreed otherwise, the incurred shipping costs will be invoiced additionally to the customer.

5.2 Fontana accepts only the payment methods respectively displayed to the customer in the course of the order process.

5.3 Until complete payment, the ordered products remain the property of Fontana.

6. Right to withdrawal

6.1 The consumer’s statutory right of withdrawal does not apply to products, which

6.1.1 are manufactured according to customer specifications,
6.1.2 are uniquely customised for the personal requirements of the customer,
6.1.3 are not suitable for a return shipment due to their characteristics,
6.1.4 can spoil quickly or have exceeded their use-by date, and
6.1.5 are newspapers and magazines,
6.1.6 are personalised coupons.

The customer is therefore expressly informed that a right of withdrawal might not be established for a part of Fontana’s product range.

6.2 In all other cases, a customer, who is a consumer in the definition of the Austrian Consumer Protection Act (KSchG), has the right to withdraw from a contract concluded via the online shop within a period of 14 working days as of the conclusion of the contract. The withdrawal period starts on the day of the receipt of the products by the customer.

6.3 Notice of the request for a withdrawal being given within this period by email, phone or post to the following contact details is sufficient for observation of the period:
E. office@fontana.at
T. +43 (0) 2253 606 2202

Address:

Fontana Sportveranstaltungs GmbH
Fontana Allee 1
A-2522 Oberwaltersdorf

6.4 When exercising the right to withdrawal, the customer is obligated to return the products affected by the withdrawal at his/her own costs to Fontana Sportveranstaltungs GmbH. Products shall be sent to the following address:

Fontana Sportveranstaltungs GmbH
Fontana Allee 1
A-2522 Oberwaltersdorf

7. Warranty

7.1 For the purposes of unproblematic and swift processing, the customer is requested to open the received product(s) directly upon receipt, and to check them for completeness and potential damages.

7.2 In the case of a defect subject to the warranty, the customer’s warranty claims will be determined in accordance with the legal regulations. The statutory warranty period is 24 months as of the receipt of the products.

7.3 Damages caused through inappropriate measures in storing the products do not establish claims against Fontana Sportveranstaltungs GmbH. The inappropriateness of the measures is determined in particular according to the manufacturer’s specifications.

8. Liability

8.1 Damage compensation claims in cases of simple negligence are excluded. This does not apply to personal injury or damages on objects accepted for processing, and neither to product liability claims.

8.2 Fontana, as the operator of the online shop fontana.at, performs its services with the greatest care, but it is not liable for damages arising from services provided or received by third parties.

8.3 Fontana is not the manufacturer of the products offered on its website. The product packaging and related documents might contain information that exceeds and/or differs from the product descriptions provided on Fontana’s website. Fontana therefore recommends that it is not solely relied upon the information being displayed on your website, but that the labels, warning notices and instructions, which are included in the product shipment, are also always being read carefully before consumption or use of the products.

9. Final provisions

9.1 All legal transactions and any legal relations between the customer and Fontana Sportveranstaltungs GmbH are governed exclusively by Austrian law in exclusion of its referential provisions and the UN Convention on Contracts for the International Sale of Goods.

9.2 If the customer is an entrepreneur, the substantively and locally competent court for the registered office of Fontana Sportveranstaltungs GmbH shall be the exclusive place of jurisdiction for all claims relating to the business relationship.

9.3 Should individual provisions of these General Terms and Conditions be invalid or impracticable or become invalid or impracticable after the conclusion of the contract, the validity of the remaining part of the General Terms and Conditions shall not be affected.

Data Privacy Statement

We are pleased you take an interest in our website. The protection of your private sphere is very important to us. In the following, we inform you in detail about the handling of your data.

Gathering, processing and use of personal data

You can also visit our website without providing any personal data. We store – even if the visit might have been referred from a link in a newsletter – merely the access data without personal reference, such as

• the name of your internet service provider
• the page from which you were referred
• the name of the retrieved file

These data are analysed exclusively for the improvement of our offer and do not permit any conclusions as to your identity.

We gather, store and process your data for the execution of the order for your purchase and the processing of potential warranty claims at a later time, as well as for advertising purposes. Personal data are gathered if you provide them voluntarily in the course of your product order or when opening a customer account or signing up for the newsletter.

Your personal data are only passed on by us to service providers (transport and logistics companies, banks) in the context of the execution of the order.

Right to information

According to the Federal Data Protection Act you have a right to receive information free of charge concerning the data stored about you as well as a right to the correction, blocking or deletion of these data if applicable.

Email advertising

If you have signed up separately for the newsletter, your email address will be used for our own advertising purposes. By subscribing to the newsletter, you also declare your consent for receiving evaluation requests by email within 14 days following an order in our online shop. Unsubscribing is possible at any time without incurring any costs, other than the costs for transmission according to the base rates of your access provider.

Use of cookies

We use so-called cookies on our website. Cookies are small files that are stored on your data medium and store certain settings and data for the exchange with our system via your browser. Storing these data helps us design the website customised appropriately for you and simplifies your use in that for example, certain input you have made is stored so that you do not have to repeat it time and again. Your browser permits you to make unrestricted adjustments relating to the use of cookies, meanwhile this may ensue that our offer no longer works for you or only with restrictions. Cookies can also be deleted there.

Session cookies

The session cookies are deleted again upon exiting your browser.

Long-term cookies

We use cookies that remain on your hard drive. The expiry time is set to a date in the future for your convenience. In a further visit, it is then automatically recognised that you have visited us before and what your preferences are for input and settings (so-called long-term cookies).

Use of Google Analytics

This website uses Google Analytics, an advertising analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable an analysis of the website utilisation by you. The information generated by the cookie about your utilisation of this website is generally transmitted to and saved on a server of Google in the USA. In the case the IP anonymisation is activated on this website, your IP address however will be truncated beforehand within Member States of the European Union or in other signatory states of the Treaty on the European Economic Zone. The complete IP address will only be transmitted in exceptional cases to a server of Google in the USA and it will be truncated there. On order of the operator of this website, Google will use this information to analyse your utilisation of the website, compile reports about website activities, and perform additional services for the website operator, which relate to the website utilisation and internet use. The IP address transmitted from your browser in the context of Google Analytics will not be combined with other data of Google. You can prevent the storing of the cookies by a corresponding setting of your browser software; however, we inform that you might not be able to use all functions of this website to full extent in that case. In addition, you may prevent the gathering of the data generated by the cookie relating to your utilisation of the website (incl. your IP address) to be transmitted to Google, as well as the processing of these data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Social plug-ins

To make the internet appearance a more personal experience, so-called social plug-ins of Facebook and Google are used at fontana.at. For this purpose, Fontana uses the “LIKE” button and den “Google +1” button. These are offers of the U.S. companies Facebook Inc. (1601 Willow Road, Menlo Park, CA 94025, USA) and Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). When a visitor comes to a page at fontana.at, which contains such a plug-in, this however will not establish a relationship with said companies. This is only the case upon explicit consent, for which the visitor is asked to click on a corresponding button. In respect of the use of the data after the consent is given, Facebook and Google provide detailed information on their websites (Facebook Data Policy, Google Privacy Policy) regarding the method, purpose and further processing of the data.

Bing Ads

This website uses the online advertising program Bing Ads. A cookie is set for conversion tracking when you click on our ad that is placed at Microsoft (Bing/Yahoo). You can find further information about this in the Microsoft Data Privacy Policy.

Data security

Your payment details are transmitted with encryption via the internet during the order process. We secure our website and other systems with technical and organisational measures against loss, destruction, access, modification and dissemination of your data by unauthorised persons. You should treat your access details as confidential at all times and close the browser window when you have ended the communication with us, especially if you share the use of the computer with others.

Contact for data privacy

If you have any questions relating to the gathering, processing or use of your personal data, or for information, correction, blocking or deletion of data, as well as revocation of granted consent, please contact:

Mag. Matthias Wagner
Fontana Allee 1
A-2522 Oberwaltersdorf
matthias.wagner@fontana.at

Revocation of consent

You have granted the following express consent/s if applicable. We would like to advise that you can revoke your consent at any time with effect for the future.

Permission for email advertising

I would like to receive interesting offers regularly by email. My email address will not be forwarded to other companies. I may revoke this consent for the storing and use of my email address for advertising purposes at any time with effect for the future.