ABG

General Terms and Conditions (GTC) and Right of Withdrawal of Elektrik Store

Elektrik Store is a sole proprietorship (owner: Dragan Kukrkic, Neustiftgasse 66/3/15, 1070 Vienna, Austria, VAT-ID: ATU69322967). These GTC apply to all orders placed via the webshop www.elektrikstore.at between Elektrik Store and consumers within the meaning of the Austrian Consumer Protection Act (KSchG) in the context of distance contracts (webshop orders). Separate rules apply to business customers (under the Austrian Commercial Code, UGB).

§ 1 Scope

These General Terms and Conditions apply to all contracts concluded via the Elektrik Store online shop for the supply of goods. For contracts with consumers, the provisions of the Austrian Civil Code (ABGB), the Consumer Protection Act (KSchG), and the Distance and Off-Premises Contracts Act (FAGG) also apply. For business customers, the provisions of the UGB apply in particular.

“Consumer” means any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession.

“Entrepreneur” means any natural or legal person who, when concluding the contract, acts in the exercise of his or her trade, business or profession.

Deviating terms and conditions of the customer shall not be recognized unless their validity is expressly agreed in writing.

§ 2 Offer and Conclusion of Contract

All our offers are non-binding and subject to change. The description of the goods is based exclusively on the manufacturer’s or supplier’s specifications. Deviations and technical changes compared to our illustrations, descriptions or delivery times are possible.

By clicking the “Order with obligation to pay” button, the customer makes a binding offer to purchase the items in the shopping cart. The presentation of products in the online shop does not constitute a binding offer, but merely an invitation to order. A contract of sale is concluded when we accept the customer’s offer by sending an order confirmation by e-mail after receipt of the order. If no separate confirmation is sent, dispatch of the goods shall be deemed acceptance of the contract. The contract language is German.

§ 3 Prices and Payment

All prices are quoted in euros and include Austrian VAT (currently 20 %). Any additional delivery and shipping costs will be clearly indicated during the ordering process. Invoices are issued electronically (e.g. by e-mail).

We accept payment by bank transfer (advance payment). If you choose this method, the purchase price is due immediately upon confirmation of the order. Delivery is made after receipt of payment.

If the customer is in default of payment, statutory default interest applies: 4 % above the base rate for consumers and 9.2 % above the base rate for entrepreneurs. We also reserve the right to charge a reminder fee of €10 from the third reminder onwards.

§ 4 Delivery

Delivery is effected by the shipping service providers named during the ordering process, usually within five working days after payment is received. If goods are unavailable within this period, we will inform the customer without delay of the new expected delivery date. Delivery is made on account and at the risk of the customer (dispatch purchase).

The risk of accidental loss and accidental deterioration of the goods passes to the customer when the goods are handed over to the first carrier.

§ 5 Retention of Title

Title to the goods delivered remains with Elektrik Store until full payment of all claims arising from the purchase contract. The customer must handle the goods with care and, if we withdraw from the contract, return them on request. Resale or any other disposal of the reserved goods is only permitted with our express consent. The customer must inform us immediately if third parties gain access to the reserved goods (e.g. bailiffs).

§ 6 Right of Withdrawal (Consumers Only)

Right of Withdrawal

Consumers have a legal right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days from the day on which the consumer or a third party designated by the consumer, other than the carrier, takes possession of the last goods.

Right of Withdrawal for Safety-Critical Electrotechnical Components

For certain electrotechnical protection products, the statutory right of withdrawal may be excluded pursuant to § 18 para 1 item 5 FAGG (Distance and Off-Premises Contracts Act) if the seal has been broken or the safety packaging has been opened. These products are subject to strict safety regulations (e.g. ÖVE/ÖNORM E 8015-1), and returns are therefore only possible in an unopened, undamaged, and original condition.

This applies in particular to the following safety-critical components:

  • FI/LS circuit breakers (residual current / line protection)

  • RCDs (residual current devices)

  • LS circuit breakers (line protection switches)

  • Surge protection devices (SPDs Type 1–3)

  • NH/HH fuse inserts

  • Power and motor protection switches

  • Fuses with condition indicators

  • Sockets and switches with integrated protection functions

  • Electronic protection and monitoring relays

  • EMC/network filters with protective function

  • Surge arresters for photovoltaic systems

  • Network and telecommunications surge protection (e.g. RJ45/CAT6 devices)

  • Pre-assembled distribution units with tamper-proof seals

  • Measuring and testing devices with calibration or safety seals

  • Arc fault detection devices (AFDDs)

  • Energy meters with integrity protection

  • Industrial connectors with integrated surge protection

  • Charging components for e-mobility with diagnostic or protective functions

  • Pre-assembled protection modules (e.g. SPD cable assemblies)

A return is only possible if:

  • the original packaging is unopened and undamaged,

  • there are no signs of installation or use (e.g. intact mounting screws, untouched contact surfaces),

  • all safety-relevant indicators (e.g. SPD status indicators) are intact.

In case of return of damaged or opened components, we reserve the right to reject the withdrawal in accordance with applicable legal provisions.

Installation Notice:
The installation, commissioning, and testing of the aforementioned safety-relevant electrotechnical components may only be carried out by licensed electrical contractors in accordance with the Austrian Electrotechnical Act (ETG 1992). Unauthorized or improper installation by unqualified persons can pose serious risks to health and safety and will void all warranty and liability claims.

Withdrawal Notice

To exercise the right of withdrawal, the consumer must inform:
Elektrik Store Dragan Kukrkic Neustiftgasse 66/3/15 1070 Vienna, Austria E-Mail: office@elektrikstore.at Fax: +43 1 957 5781
by means of a clear statement (for example, a letter sent by post, fax or e-mail) of their decision to withdraw from the contract.

Effects of Withdrawal

If the consumer withdraws from this contract, we shall reimburse all payments received from the consumer, including delivery costs (except for supplementary costs resulting from the consumer’s choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of the consumer’s decision to withdraw. Reimbursement will be made using the same means of payment used by the consumer in the original transaction, unless expressly agreed otherwise; in no event will the consumer incur any fees as a result of reimbursement.

We may withhold reimbursement until we have received the goods back. The consumer shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which they communicate their withdrawal. The consumer will bear the direct cost of returning the goods.

The goods must be returned in their original packaging, unused and in a resalable condition. If the goods are damaged, the consumer must compensate for any loss in value.

No right of withdrawal for entrepreneurs. Entrepreneurs do not have the right of withdrawal. Withdrawal is excluded for business customers.

§ 7 Availability Reservation

If after conclusion of the contract we find that the ordered goods are not available from us or our suppliers, or cannot be delivered for any other reason, we may withdraw from the contract without compensation. Any payments already received will be refunded immediately.

§ 8 Transport – Risk – Transfer of Risk

The customer bears the cost of transport. Risk passes to the customer when the goods are delivered to the customer or to a third party designated by the customer. If the customer has arranged transport themselves, risk passes to the customer upon delivery to the carrier.

Apparent transport damage must be reported immediately to the carrier and to us. Failure to report does not affect statutory warranty claims but helps us enforce our claims against the carrier.

§ 9 Warranty

Statutory warranty rights apply. Consumers benefit from a two-year warranty from delivery. For business customers, the warranty period is limited to one year. Business customers must inspect delivered goods immediately and notify obvious defects within 7 days. Failure to do so extinguishes warranty claims.

§ 10 Liability

Elektrik Store is fully liable for intent and gross negligence. Liability for slight negligence is limited to the typical, foreseeable damage.

§ 11 Data Protection

Elektrik Store processes personal data exclusively for contract fulfillment and administration. We comply with the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Further details are in our Privacy Policy.

§ 12 Online Dispute Resolution

The EU Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Jurisdiction and Applicable Law

Austrian law applies to all disputes, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For business customers, the place of jurisdiction is Vienna. Consumers may also bring claims in their place of residence.

Place of performance for both performance and consideration is our business address in Vienna.

§ 14 Electronic Invoicing

Electronic invoicing (e-invoices) is permitted.

§ 15 Permission to Leave Parcel

If the customer grants permission for parcel drop-off, risk passes to the customer once the parcel is left at the designated place or with a neighbor. We and the carrier accept no liability for subsequent damage or loss.

§ 16 Suspension and Termination of the Customer Account 

  1. Principle & Freedom of Contract – Reservation of Suspension/Termination
    We reserve the right to suspend or terminate the customer account, in whole or in part (e.g., for new orders), for the following reasons.

  2. Unauthorized Cancellation after Order Confirmation (B2C)
    2.1. Once we have sent the order confirmation, the customer is not allowed to cancel the order. The customer may only return the purchased goods after delivery by exercising their statutory right of withdrawal (§ 5 FAGG).
    2.2. If the customer nevertheless attempts to cancel the order after receiving the order confirmation, we consider this a breach of contract. In that case, we are entitled to suspend the relevant customer account immediately and temporarily.
    2.3. Any costs incurred by us due to the unauthorized cancellation (e.g., storage, return shipping, and administrative expenses) will be charged to the customer.
    2.4. Reactivation of the customer account is only possible once the customer has fully settled all costs arising from the unauthorized cancellation and we have re-evaluated the account.

  3. Non-Payment
    In the event of non-payment of outstanding amounts, we also reserve the right to suspend the customer account until all claims have been settled.

  4. Notification and Reactivation
    Reactivation of the account is only possible after all outstanding claims have been fully settled and a final review has been conducted by us.

  5. Right to Appeal
    The customer may file a written objection to the suspension or termination of their account within 14 days of receiving the suspension/termination notice. We reserve the right to review the objection and communicate our decision in writing.

  6. Consequences of Suspension/Termination
    Once the customer account has been suspended or terminated, all order processes via this account are immediately halted. Any orders that have been placed but not yet fulfilled may be canceled. Any amounts already paid for deliveries or services that will no longer be provided will be refunded, provided that there are no counterclaims.

  7. Severability Clause
    Should any provision of this regulation be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a legally permissible provision shall apply that most closely matches the economic purpose of the invalid provision.

Note: This clause applies to the B2C sector. Please ensure that the statutory right of withdrawal after delivery remains unaffected.

§ 17 Miscellaneous Provisions

Liability for Links: Our website may contain links to external sites. We are not responsible for their content. Copyright: The layout, graphics, text and other elements of our website are protected by copyright. Any reproduction requires our written consent.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that comes closest to the economic intent.