1.1 These general terms and conditions (GTC) are part of every contract between Multikraft Produktions- und HandelsgmbH, Sulzbach 17, 4632 Pichl bei Wels (hereinafter Multikraft) and customers of Multikraft (hereinafter the customer). All deliveries, services, and offers by Multikraft are made solely on the basis of these terms and conditions.
1.2 Insofar as these general terms and conditions refer to "consumers", this is understood as meaning those for whom the purpose of the order cannot be attributed to commercial, independent, or freelance activity, i.e. a transaction that is not part of operating a business. "Contractor", in contrast, is someone for which the transaction is part of operating a business. The difference between consumer and contractor is defined within the meaning of the Austrian Consumer Protection Act (KSchG). In the sense of these terms and conditions, "customers" are both consumers and contractors.
1.3 Changes and/or additions to these terms and conditions take effect either with the date of receipt of written notification to the customer at their last known address, unless otherwise provided in this agreement, or the date of publication on the website operated by Multikraft (www. multikraft.com).
1.4 The invalidity, ineffectiveness, or unenforceability of individual clauses in this contract does not invalidate the entire terms and conditions. The defective provision shall be replaced by a valid, effective and feasible provision which is as close as possible to the economic intentions pursued by the parties with the defective provision.
1.5 If other regulations apply to consumers, these terms and conditions shall be indicated separately.
2.1 All Multikraft offers are non-binding. Customer orders represent the offer in the legal sense, to which the customer is bound for 5 days. Multikraft is entitled to refuse orders without giving cause partly or wholly. The contract only comes into effect upon sending a written order confirmation or delivery or service.
2.2 The customer can select from the assortment of Multicraft products and collect them in a basket by clicking on the button "Add to basket", indicating the desired number (under "items"). In the shopping basket, the customer also has an overview of which products are on their current list and has the option to change or delete the number of the purchase order. As a new customer, the customer can register on this page or use the button "Continue without registration" to continue the order process and can enter their invoice address (name, address, etc.) on the following page. The green fields must be filled out. A different delivery address can also be specified on this page.
By clicking on "Next" again, you can select the payment method, the personal EM supervisor is given, and there is the option to register for various Multikraft newsletters. The contract terms are accepted upon checking the box "I accept the terms and conditions". The customer then receives another complete overview of their order by clicking "Next" again. A binding request for the purchase of the goods in the shopping basket is then given upon the customer clicking on the "Buy" button.
Before submitting the order, the customer can change and view the data at any time. Multikraft stores the contract text and sends the customer the order data and a link to the applicable terms and conditions via email. The customer can view the terms and conditions at any time at www.multikraft.com. The customer can also view their previous orders in the customer login area.
2.3 All deliveries and services are subject to these general terms and conditions due to online orders through the Multikraft online shop. Deviating and/or supplementary agreements require the express consent of Multikraft and must be in writing. The presentation of products in our online shop does not constitute a legally binding offer; it is a non-binding online catalogue of products. The goods contained in the basket become a binding order when the customer clicks on the "Buy" button. Receipt and acceptance of the order is confirmed immediately by an automated email. The purchase order becomes binding once this email confirmation is sent. Deliveries are possible to all countries that can be selected in the online shop.
3.1 Payment of the purchase price and the shipping costs must be made within 10 days after receipt of the goods and the invoice. In the case of late payment, interest is charged at the rate of 8% pa above the base rate (for consumers in terms of § 1 para. 1 item 2 KSchG 4% pa); this does not impair claims for the replacement of proven higher interest rates
3.2 Payment on account is only possible for delivery addresses within Austria. In addition, the delivery address must be the home address and match the billing address. Payment on account is only possible for people 18 years and up. For customers with a delivery address outside Austria or in Austria with a different address and shipping address, payment is possible by credit card or by payment in advance. The goods will be sent in these two cases only after payment is made.
When paying by credit card, the credit card account of the customer is charged immediately.
3.3 Customers can optionally pay cash at the Multikraft shop (Sulzbach 17, A-4632 Pichl bei Wels) or in advance, by credit card, or direct debit payment (ELV). For delivery addresses within Austria, customers have the option to pay by invoice orders. In the online shop, there is the option of payment in advance, invoice, credit card, bank transfer, or PayPal. Multikraft reserves the right to deliver the goods only after receipt of payment.
• By specifying their bank acccount, customers confirm that they are entitled to make direct debits via this bank account ensure they have the necessary coverage.
• Reversals (due to the lack of the required cover for the bank account or due to incorrect information of the account details, due to closing the account, or the account holder's refusal) are associated with a high effort and costs for Multicraft. In the case of a reversal, the customer therefore undertakes to transfer the amount plus a processing fee of EUR 10.00 promptly, at the latest upon receipt of a corresponding payment request, to the Multikraft bank account, stating the order number.
• The processing fee of EUR 10.00 applies per reversal, even if several order numbers are summarised in a payment request, because the costs (bank charges, etc.) often apply accordingly. Further claims, especially in the case of fraud, are reserved.
• Customers will be given the opportunity to prove that lower or no costs were incurred by the reversal.
• Given the effort and the cost of reversals and to avoid the processing fee, Multikraft requests that customers not object to the charge in the event of a cancellation or a withdrawal from the purchase contract, a return or a complaint. In such a case, after consulting with Multikraft, the repayment of the payment will be made by reassigning the relevant amount or by crediting.
• Late payments after reversals are subject to statutory interest on arrears and costs for the appropriate reminders. In the case of unsuccessful internal dunning procedures, the outstanding receivables may be transferred to a collection office for the purpose of debt collection. In this case, the customer may be charged for prosecution by collection agencies and possibly for legal representation.
4.1 The goods remain the property of Multikraft until full payment has been made. Resale by the customer 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 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.
4.2 In case of behaviour by the customer contrary to the terms of the contract, in particular delayed payment or violation of an obligation under section 2 (Offer and conclusion of contract), Multikraft is entitled to withdraw from the contract and demand return of the goods.
You have the right to withdraw from this contract within fourteen days without specifying any reasons.
The withdrawal period comprises fourteen days from the day on which you, or a third party designated by you, other than the carrier, take(s) possession of the goods.
To exercise your right of withdrawal, you must inform us (Multikraft Produktions- und HandelsgmbH, Sulzbach 17, 4632 Pichl bei Wels, email@example.com, Phone: +43 7247/50250-100, Fax: +43 7247/50250-900) of your decision to withdraw from this contract via a clear statement (e.g a letter by post mail, fax, or email). You may use the attached example cancellation form for this purpose, but this is not compulsory.
In order to comply with the withdrawal period, it is sufficient for you to send us notice that you are exercising your right of withdrawal before the withdrawal period has expired.
5.1 Consequences of withdrawal
If you withdraw from this contract, we are obliged to refund all payments we have received from you including the delivery charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of withdrawal. The repayment will be made using the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment. We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever is earlier.
You must send back or hand over the goods to us without delay, no later than fourteen days from the day on which you notified us about revoking this contract. The deadline will be deemed to have been observed if you send the items before the fourteen-day deadline has expired. You will bear the direct costs of returning the goods. You will only be liable for any potential reduction in value of the items if this reduction in value is due to handling on your part which was not necessary for testing the quality, characteristics, and functioning of the items.
6.1 The products are presented on the website and on Multikraft product brochures. However, Multikraft cannot guarantee that images and colours the customer sees on their screen exactly match with reality.
6.2 Multikraft points out that product prices are subject to change. They can be viewed in the price list continuously updated by Multikraft. For online transactions, the current final price can be viewed during the ordering process in the "Checkout" step.
6.3 Except for those cases where the right to conversion is due by law, Multikraft reserves the right to fulfill the warranty claim at its option through improvement, exchange or price reduction.
6.4. The goods should be examined immediately after delivery. Multikraft should be informed of identified defects promptly, but no later than within 14 days after delivery, stating the type and extent of the defect.
6.5 The customer must always prove that the defect was present at the time of delivery.
6.6 Hidden defects must be reported immediately after their discovery. If defects are not reported, or not reported immediately, the goods shall be deemed approved. The assertion of warranty or damages including consequential damages and the right to challenge errors due to defects are excluded in these cases.
6.7 The warranty period is 18 months.
6.8 The following applies for consumers as defined in § 1 para. 1 item 2 KSchG:
Sections 3.6 to 7.6 do not apply to consumers. According to § 9 KSchG, the statutory warranty period of 24 months applies to all products ordered.
6.9 All prices are gross including VAT and any other charges, but excluding shipping and delivery costs.
7.1 All deliveries are ex stock from Pichl bei Wels (place of fulfillment). Unless otherwise expressly agreed, the cost and risk of the transport of the goods shall be borne by the customer. They are sent by means of normal transport modes (parcel, train, post, aeroplane, or ship, etc.).
7.2 The customer is obliged accept the products on the agreed delivery date. If the goods are not received within the specified delivery date or if there are any complaints, please contact the Multikraft service hotline: Tel.: +43 7247 50 250-100 – Fax: +43 7247 50 250-900 – Email: firstname.lastname@example.org
7.3 The shipment is sent by means of normal shipment modes (parcel service, train, post, air or sea, etc.). Multikraft chooses the type of shipping agent and shipping route. Any damages from shipping must be reported to Multikraft immediately if and once the damage is visible and the customer is a contractor as defined in § 1 para 1 no 1 KSchG. If damage of the goods is determined at delivery, the customer may not accept them if the customer is a contractor.
7.4 Multikraft is entitled to divide the order according to the availability into partial deliveries if partial deliveries are not unreasonable for the customer
7.5 Deliveries are generally made using the parcel service GLS.
Multikraft's current shipping conditions are up to 30kg maximum EUR 5.40/package throughout Austria, as long as the maximum volume of the package is not exceeded. Bulky products - to prevent damage - must be packaged and shipped separately regardless of their weight.
The data protection policy applies in its current version. Customers can view this on the Multikraft Produktions- und HandelsgembH website.
9. Applicable law and jurisdiction
9.1 The contract concluded with Multikraft, these terms and conditions, and the order information is subject to Austrian law excluding the Convention on Contracts for the International Sale of Goods (CISG). For disputes arising from or in connection with the contract, including disputes over its validity, the competent court in 4600 Wels has exclusive jurisdiction.
9.2 The following applies for consumers as defined in § 1 para. 1 item 2 KSchG:
Deviating from section 6.1, for consumers the jurisdiction of the domicile, habitual residence or place of employment applies in accordance with § 14 KSchG.