Terms
and conditions
(t & c) – Multikraft
1. Scope and general principles
1.1 The general terms and conditions (t & c) are to be part of any contract between Multikraft Produktions- und HandelsgmbH, Sulzbach 17, 4632 Pichl bei Wels (hereinafter Multikraft) and the Multikraft customer (hereinafter the customer). All Multikraft deliveries, services and offers are to be performed exclusively on the basis of these terms of business.
1.2 Agreements that deviate from these terms and conditions must be made in writing. Multikraft reserves the right to change these terms and conditions. Changes and/or additions to these terms and conditions are effective either on the date that the customer receives written notification to his most recently given address or on the date of publication on the Multikraft homepage (www.multikraft.com).
1.3 The invalidity, ineffectiveness or infeasibility of individual provisions of these terms and conditions shall not affect the validity of the remaining terms and conditions. The deficient provision is replaced with a valid, effective and feasible provision that is as close as possible to the business intentions that the parties intended with the deficient provision.
1.4 As long as other provisions apply to users, special reference is made to these in these terms and conditions.
2. Conclusion of the contract and payment conditions
2.1 All Multikraft offers are subject to confirmation and are non-binding. The customer’s orders represent an offer in legal terms, which the customer is bound to for 8 days.
Multikraft is entitled to partially or entirely decline orders without indication of reasons. The contract is only concluded when a written order confirmation has been sent or a delivery or service performed.
2.2 The purchase price and the shipping costs are to be paid within 10 days of receiving the goods and invoice. In the case of delayed payment, late interest is calculated at 8% p.a. above the base rate (for consumers in the sense of section 1 para. 1 point 2 KSchG (Austrian law for the protection of the consumer) 4% p.a.). This will not affect claims for reimbursement of proven higher interest rates.
2.3 The goods remain the property of Multikraft until complete payment has been made. Resale is only permitted if Multikraft has been notified in advance of the name or company and the exact (business) address of the purchaser and Multikraft agrees to the sale. In the case of approval, the purchase price is deemed to have already been assigned to Multikraft and Multikraft is authorised at any time to notify the third party of this assignment.
2.4 Payment on invoice is only permitted for delivery addresses within Austria. The delivery address must also be the office address and correspond with the invoice address. Only customers over the age of 18 may pay by invoice. Customers with a delivery address outside of Austria may only pay by credit card or with cash in advance. In these cases the goods will only be shipped after payment has been received.
2.5 For customers in the sense of section 1 para. 1 point 2 KSchG, the following particularly applies to online orders (distance selling contracts): The order information for online business, which is available on the Multikraft homepage, is an integral part of these terms and conditions.
When the customer places an order with the Multikraft online shop, he is entitled to withdraw in writing from this contract within 7 working days of delivery, whereby the notice of withdrawal is sent within this period, and Saturdays are not considered working days. In the case of withdrawal, the purchase price is refunded on return of the goods in original packaging (if need be, less a fee for a depreciation in value if the goods have been used). The customer shall bear the return costs. Returns are to be sent to: Sulzbach 17, 4632 Pichl bei Wels.
3. Prices and guarantee
3.1 The products are displayed on the website and in the Multikraft product brochures. However, Multikraft is not able to guarantee that the images and colours that appear on the customer’s screen will correspond exactly to the actual goods.
3.2 We wish to point out that the product prices are subject to change. These can be seen in the price list that is constantly updated by Multikraft. In the case of online business, the current end price can be seen during the order process, in the “To checkout” step.
3.3 Apart from any cases in which the right to exchange exists by law, Multikraft reserves the right to satisfy a warranty claim by means of repair, replacement or price reduction, at their choice.
3.4. The goods must be examined immediately after delivery. Multikraft must be notified immediately, or within 14 days of delivery at the latest, of the identified defects, including the type and extent of the defect.
3.5 The customer must always prove that the defect was already present at the time of delivery.
3.6 Concealed defects must be reprehended immediately after discovery. If a defect is not remedied or not remedied in sufficient time, the goods are deemed as approved. In these cases, the enforcement of guarantee or damage claims including damage caused by a defect and the right to avoidance on account of mistake due to defects are excluded.
3.7 The warranty period is 18 months.
3.8 The following applies to customers in the sense of section 1 para. 1 point 2 KSchG:
points 3.3 to 3.7 do not apply to consumers. According to section 9 KSchG, the legal warranty period of 24 months is valid for all ordered products.
3.9 All stated prices are net and include the legal VAT and other possible taxes, but exclude shipping and delivery costs.
4. Deliveries
4.1 All deliveries take place from our warehouse in Pichl bei Wels (place of fulfillment). In the absence of an expressly converse agreement, the customer bears the costs and risk of transport for deliveries. Items will be shipped by means of the usual methods of shipment
4.2 The customer is obligated to accept the products on the agreed delivery date. Please contact our customer service team if the goods are not received on the specified delivery date or if you wish to make a complaint. Tel.: +43/7247 – 502 50-0 – Fax: +43 / 7247 – 502 50-900 – E-mail: office@multikraft.at.
5. Data protection
5.1 Multikraft respects your privacy and is thus committed to protecting your data. Multikraft issues this data protection statement to inform you of our data protection regulations and measures.
5.2 Multikraft uses customer data to offer customers a better service and to better understand their needs and interests. In particular, we use the data to help transactions and orders, to communicate with the customer, to offer services and to provide information on current services and promotions.
5.3 The customer gives his consent to the personal data, which was disclosed in the purchase contract or during the online order, being automatically saved and processed by Multikraft while fulfilling the contract.
5.4 Multikraft will not sell, rent or lease your personal data to third parties. Multikraft does not pass these details on to third parties, unless the customer is interested in products and services offered by third parties and has given his express permission.
5.5 Please contact office@multikraft.at if you have any comments or questions on our data protection regulations.
6. Applicable law and place of jurisdiction
6.1 The contract with Multikraft, these terms and conditions and the order information are subject to Austrian law, excluding the convention on contracts for the international sale of goods (UN Purchasing Convention). The technically competent court in 4600 Wels is the place of jurisdiction for disputes arising from or in connection with the contract, including disputes regarding its validity.
6.2 The following applies to customers in the sense of section 1 para. 1 point 2 KSchG:
In derogation of section 6.1, the court of jurisdiction for the customer’s domicile, habitual residence or place of employment is valid, in accordance with section 14 KSchG.
Dated: December 2008