General Terms and Conditions of Business - Multikraft Produktions- und HandelsgmbH

1. Scope and general

1.1 These General Terms and Conditions of Business (GTC) are an integral part of every contract between Multikraft Produktions- und HandelsgmbH, Sulzbach 17, 4632 Pichl bei Wels (hereinafter Multikraft) and the customer of Multikraft (hereinafter the customer). All deliveries, services or offers from Multikraft take place exclusively on the basis of these terms and conditions.

1.2 It is stipulated that these terms and conditions are also applicable to contractual relationships between Multikraft and third parties that are not customers of Multikraft. It should be noted that Multikraft does not accept any general terms and conditions or similar, in particular the Austrian General Forwarders' Terms and Conditions (AÖSp), from third parties. In particular, Multikraft will not accept agreements on the place of jurisdiction that deviate from the general place of jurisdiction, a choice of law other than Austrian law, warranty limitations and/or restrictions, liability limitations and/or restrictions. Rather, these General Terms and Conditions of Business apply analogously to such legal transactions. Any agreements that deviate from and/or supplement these GTC require the express consent of Multikraft and, in order to be legally effective, must be in writing, therefore a signature of an authorised representative of Multikraft.

1.3 Whenever these GTCs refer to "consumers", this refers to someone for whom the purpose of the order cannot be attributed to a commercial, independent or freelance activity, i.e. a transaction does not belong to the operation of his company.

"Entrepreneur", on the other hand, is someone for whom the business is part of the operation of his business. The distinction between consumer and entrepreneur is made in the sense of the Austrian Consumer Protection Act (KschG). "Customers" within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.

1.4 Changes and/or additions to these General Terms and Conditions of Business become effective either with the notification to the customer at his last known address (also electronically by email), unless otherwise provided in this notification, or with the publication date of the changed General Terms and Conditions of Business on the website operated by Multikraft (www.multikraft.com). These AGBs can be accessed at any time at www.multikraft.com/de/agb/. Through the reference to business documents, in particular also in email messages, this possible availability of the GTCs on the Multikraft website, these become an integral part of the contract for companies (customers and non-customers of Multikraft).

1.5 The invalidity, ineffectiveness or impracticability of individual provisions of these GTCs does not lead to the invalidity of the entire GTCs. The defective provision is replaced by a valid, effective and feasible provision that comes as close as possible to the economic intentions that the parties pursued with the defective provision.

1.6 If other regulations apply to consumers, these General Terms and Conditions of Business will make separate reference to this fact.

2. Offer and conclusion of contract

2.1 All Multikraft offers are subject to change and non-binding. Orders of the customer represent the offer in the legal sense, to which the customer is bound for 5 days.

2.2 Multikraft is entitled to reject orders partially or completely without stating reasons. The contract is only concluded when Multikraft sends an order confirmation or Multikraft delivers or provides a service.

3. Orders in the online shop

3.1 The customer can select from the range of Multikraft products in the Multikraft online shop and collect them in a shopping basket by clicking on the button "add to shopping basket", specifying the desired quantity (under "pieces"). In the shopping cart, the customer also has an overview of which products are on his current list, and has the option of changing or deleting quantities in the order. As a new customer, the Customer can register on this page or continue the order process as a guest by clicking on the button "Do not create a customer account". On the following page, the Customer can enter his billing address (name, address, etc.) and possible EM consultants, whereby the fields marked with an asterisk must be filled in. A different delivery address can also be announced on this page. After confirming the data protection declaration and clicking on "Continue" you can select the method of payment and delivery here. By ticking the box "I accept the terms and conditions" these terms of contract are accepted. The Customer then submits a binding application (offer within the meaning of point 2.1) for the purchase of the goods in the shopping basket by clicking on the button "order subject to payment".

3.2 Before sending the order the Customer can change and view the data at any time. Multikraft saves the text of the contract and sends the Customer the order data and a link to the valid GTC by e-mail. The customer can view the AGB at any time at www.multikraft.com/de/agb/einsehen. The customer can also view his past orders in the customer login area.

3.3 All deliveries and services based on online orders via the Multikraft online shop are subject to these GTC. Deviating and/or supplementary agreements require the express consent of Multikraft as well as the written form. The product presentation in the online shop is not a legally binding offer, but rather a non-binding online catalogue. A binding order of the goods contained in the shopping cart is placed by the customer by clicking on the "order subject to payment" button. The confirmation of receipt of the order is made together with the binding acceptance of this order by Multikraft immediately after sending by an automated e-mail. With this e-mail confirmation, the purchase contract between Multikraft and the customer is concluded. Deliveries are possible to all countries that can be selected in the online shop.

4. Invoicing and payment

4.1 Payment of the purchase price and shipping costs must be made no later than 10 days after receipt of the goods together with the invoice. In the event of default of payment, interest on arrears shall be charged at a rate of 8% p.a. above the base interest rate (for consumers as defined by § 1 para. 1 item 2 KSchG 4% p.a.); this shall not affect claims for compensation for proven higher interest rates. For each reminder, Multikraft is entitled to charge a flat-rate cost reimbursement of EUR 40.00 plus VAT. In the case of default of payment, the customer is obligated to pay the costs of any debt collection agency or a lawyer.

4.2 Payment on account is only possible for delivery addresses within Austria. In addition, the delivery address must be the home address and must match the billing address. Payment on account is only possible from the age of 18. For customers with a delivery address outside of Austria or in Austria with different home and delivery addresses, payment is only possible by credit card, Paypal or immediate bank transfer. In these two cases the goods will only be dispatched after receipt of payment. If payment is made by credit card, the Customer's credit card account will be debited immediately.

4.3 Customers can choose to pay cash in the Multikraft Shop (Sulzbach 17, A-4632 Pichl bei Wels), Paypal, immediate bank transfer, by credit card or by direct debit (electronic direct debiting system). For delivery addresses within Austria, customers also have the option of paying by invoice by bank transfer. The online shop offers the possibility of payment in advance, invoice, credit card, immediate bank transfer and PayPal. Multikraft reserves the right to send the goods only after receipt of payment.

4.4 By specifying the current account (IBAN and BIC), the customer confirms that he is entitled to direct debit via the corresponding current account and that he will provide the necessary coverage on the current account.

return debit notes (in particular due to the lack of necessary cover on the current account or due to incorrect information on the account data, due to the expiry of the current account or objection by the account holder) are associated with a high level of effort and costs for Multikraft. In the event of a return debit note, the customer therefore undertakes to transfer the amount plus a processing fee of EUR 10,- plus the statutory VAT to the Multikraft bank account, stating the order number, promptly, at the latest after receipt of a corresponding payment request. The processing fee of 10,- EUR applies per returned direct debit, even if several order numbers are combined in one request for payment, as the costs (bank charges etc.) are also incurred accordingly often. Multikraft reserves the right to make further claims, especially in cases of fraud. The customer will be given the opportunity to prove that the return debit note resulted in lower costs or no costs at all. In view of the effort and costs involved in return debit notes and in order to avoid the processing fee, Multikraft asks its customers not to object to the debit note in the event of a revocation or withdrawal from the purchase contract, returned goods or a complaint. In such a case, after consultation with Multikraft, the payment will be reversed by transferring the corresponding amount back or by crediting the amount. For late payments after returned direct debits, statutory default interest as well as costs for appropriate reminders in the above-mentioned amount, collection or lawyer's letters will be charged. In the event of an unsuccessful internal dunning process, the open claims can be handed over to a debt collection agency and/or lawyers for collection. In this case, the customer will incur costs for legal prosecution by debt collection agencies and/or for legal representation by Multikraft, which the customer undertakes to pay and to indemnify Multikraft completely in this regard.

5. Retention of ownership

5.1 The goods remain the property of Multikraft until full payment has been made. A resale by the customer is only permitted if Multikraft has been informed of this in good time in advance, stating the name or company and the exact (business) address of the buyer, and Multikraft agrees to the sale. In the case of approval, the purchase price claim of the customer against the third party is already now considered assigned to Multikraft and Multikraft is authorised at all times to inform the third-party debtor of this assignment.

5.2 Multikraft is entitled to withdraw from the contract and demand the return of the goods if the customer acts in breach of the contract, in particular in the event of default in payment or in the event of a breach of an obligation in accordance with point 2 (offer and conclusion of contract). In this case, the customer must compensate Multikraft for all costs and disadvantages incurred by Multikraft as a result of his behaviour in breach of the contract. In particular, Multikraft is entitled to demand the lost profit (contribution margin II) from the customer.

6. Right of withdrawal

6.1 Consumers have the right to cancel the contract within fourteen days without giving reasons.

6.2 The revocation period is fourteen days from the day on which the customer or a third party designated by the customer, other than the carrier, has taken possession of the goods.

6.3 In order to exercise the right of withdrawal, the customer must inform Multikraft (Multikraft Produktions- und HandelsgmbH, Sulzbach 17, 4632 Pichl bei Wels, info@multikraft.at, telephone: +43 7247/50250-100, fax: +43 7247/50250-900) of the decision to withdraw from the contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post).

6.4 In order to comply with the revocation period, it is sufficient for the Customer to send the notification of the exercise of the right of revocation before the end of the revocation period.

6.5 Consequences of the revocation: If the customer revokes the contract in a legally effective manner, Multikraft must reimburse the customer for all payments that Multikraft has received from the customer, including delivery costs (with the exception of the additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by Multikraft), immediately and at the latest within fourteen days of the day on which Multikraft receives the notification of the revocation of the contract.

For this repayment, Multikraft will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged for this repayment. Multikraft can refuse the refund until Multikraft has received the goods back or until the Customer has provided proof that the Customer has irrevocably returned the goods, whichever is the earlier.

6.6 The customer must return or hand over the goods to Multikraft immediately and in any case within fourteen days at the latest from the day on which the customer has effectively informed Multikraft of the cancellation of this contract. The deadline is deemed to have been met if the customer sends the goods before the end of the fourteen day period. The customer bears the direct costs of returning the goods. The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functionality of the goods.

7. Prices and warranty, liability

7.1 The products are presented on the website and the Multikraft product brochures. However, Multikraft is not in a position to guarantee that the images and colours that the customer sees on his screen correspond exactly to reality.

7.2 Multikraft points 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 transactions, the current final price can be seen in the "shopping basket" at any time during the ordering process.

7.3 Apart from those cases in which the right to conversion is legally entitled to, Multikraft reserves the right to fulfil the warranty claim, at its discretion, through improvement, replacement or price reduction.

7.4 The goods must be inspected immediately after delivery. Multikraft must also be notified in writing (registered letter, fax or email) of any defects discovered immediately, but at the latest within 14 days of delivery, stating the type and scope of the defect. Multikraft reserves the right to inspect the alleged defect itself or have it inspected or have it inspected by an expert on site.

7.5 The customer must always prove that the defect was already present at the time of delivery. The presumption of defectiveness in accordance with § 924 ABGB is expressly excluded.

7.6 Hidden defects must be reported in writing (registered letter, e-mail or fax) immediately after their discovery. If a notification of defects is not made or not made in time, the goods shall be deemed to be approved. The assertion of warranty claims or claims for damages including consequential damages as well as the right to contest errors due to defects are excluded in these cases.

7.7 The statutory warranty period shall apply.

7.8 The following shall apply to consumers within the meaning of § 1 para. 1 no. 2 KSchG:
Points 7.3 to 7.7 do not apply to consumers. According to § 9 KSchG, the statutory warranty period of 24 months applies to all ordered products.

7.9 All prices quoted are gross prices including the statutory VAT and any other taxes, but excluding shipping and delivery costs.

7.10 The liability of Multikraft is limited to cases of gross negligence and intent. Multikraft is not liable for damage due to slight negligence. The liability is limited to an amount of EUR 10,000 or to the amount of Multikraft's liability insurance coverage. Any claims for damages shall become statute-barred within six months from the date of knowledge of the damage and the damaging party, but in any case after three years from the damaging event.

8. deliveries, terms of delivery, times and costs

8.1 All deliveries are made from the respective Multikraft warehouse, in particular the warehouse in Pichl near Wels; delivery from the respective Multikraft warehouse is the place of fulfilment. In the absence of an express agreement to the contrary, the customer shall bear the costs and risk of transport of the deliveries. Shipment is carried out by means of standard shipping methods (parcel service, rail, post, aeroplane or ship and the like).

8.2 The customer is obliged to accept the products on the agreed delivery date. If the goods are not received within the announced delivery date or in case of complaints, please contact the Multikraft service hotline: Phone: +43 7247 50 250-100 - Fax: +43 7247 50 250-900 - E-mail: info@multikraft.at

8.3 The dispatch is carried out by means of standard dispatch methods (parcel service, rail, post, air or sea etc.). The choice of the specific means of dispatch or means of transport and the dispatch route is left to Multikraft.

Multikraft must be notified immediately of any shipping damage if or as soon as the damage is recognisable and the customer is an entrepreneur within the meaning of § 1 Paragraph 1 Line 1 KSchG (German Consumer Protection Act). If damage to the goods is detected upon delivery, the customer, provided that he is an entrepreneur, may not accept the goods.

8.4 Multikraft is entitled to divide the order into partial deliveries according to availability, provided that partial deliveries are not unreasonable for the customer.

8.5 Deliveries are generally made via the parcel service of the Post AG or GLS at the currently valid prices.

8.6 It is possible to collect the goods yourself during opening hours.

9. Data protection

The data protection in the currently valid version applies.

These can be viewed by customers on the website of Multikraft Produktions- und HandelsgembH.

10 Applicable law and place of jurisdiction

10.1 The contract concluded with Multikraft, these General Terms and Conditions and the order information are subject to Austrian law to the exclusion of the Convention on Contracts for the International Sale of Goods (UN Sales Law) and the international referral standards, in particular the IPRG. For disputes arising out of or in connection with the contract, including disputes regarding its validity, the court in 4600 Wels with jurisdiction over the subject matter shall have exclusive jurisdiction.

10.2 The following shall apply to consumers within the meaning of § 1 para. 1 no. 2 KSchG:
For consumers, the place of jurisdiction of the domicile, habitual residence or place of employment according to § 14 KSchG shall apply in deviation from point 10.1.

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