General Terms and Conditions (GTC) and Cancellation Policy 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 end consumers within the meaning of the Austrian Consumer Protection Act (KSchG) in the context of distance selling contracts (webshop orders). Entrepreneurs are subject to separate regulations (UGB).
§ 1 Scope of Application
These General Terms and Conditions apply to all contracts concluded via the online shop Elektrik Store that involve the delivery 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) apply. For contracts with entrepreneurs, the provisions of the Enterprise Code (UGB) apply in particular.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
An entrepreneur is any natural or legal person who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
Deviating terms and conditions of the customer are not recognized unless their validity is expressly agreed to in writing.
§ 2 Conclusion of Contract, Rejection of Orders, and Abusive Behavior
(1) All offers presented in the online shop are non-binding and do not constitute a legally binding offer within the meaning of § 862 ABGB. The presentation of goods is merely a non-binding invitation to submit an offer.
By submitting the order and clicking the "order with obligation to pay" button, the customer makes a binding offer to conclude a purchase contract for the items contained in the shopping cart. Due to the freedom of contract (private autonomy) applicable in Austria, the seller is not obliged to accept this offer.
A contract is not concluded merely upon receipt of payment, but only when the seller expressly accepts the customer's offer – for example, through an email confirmation with the subject "Order Confirmation - Order in Processing" – or by dispatching the goods or issuing an invoice.
(2) Upon receipt of an order, the seller initially sends an automated receipt confirmation with the subject
"Order received – not yet an order confirmation".
This message serves exclusively to inform about the receipt of the order and does not yet constitute acceptance of the contract offer.
(3) The seller reserves the right to reject orders without stating reasons. Due to the freedom of contract (private autonomy) applicable in Austria, the seller is not obliged to accept a submitted offer. This applies in particular in the following cases:
– Discrepancies or contradictory customer data,
– Suspicion of fraud, abuse, or repeatedly problematic orders,
– Outstanding claims from previous transactions,
– Specification of a delivery time by the customer that is objectively unachievable or deviates significantly from realistic delivery times.
– Abusive behavior, including unacceptable threats, review extortion, or inappropriate communication.
– Provision of false or misleading data, especially regarding name, delivery address, telephone number, or email address.
(4) In the event of a rejection, the customer will be informed immediately. Any payments already made will be fully refunded.
(5) The seller reserves the right to take measures if customer behavior violates the legitimate interests of the seller (Art. 6 Para. 1 lit. f GDPR).
(6) All our offers are subject to change without notice. The condition of the goods is based exclusively on the manufacturer's or supplier's specifications. Deviations and technical changes compared to illustrations, descriptions, or delivery times are possible. The illustrations shown on the website serve as symbolic images; deviations in design, appearance, or detail may therefore occur.
(7) The language of the contract is German.
§ 3 Prices and Payment
All prices are stated in Euros and include the statutory Austrian value-added tax (currently 20%).
Additional delivery and shipping costs are clearly indicated during the ordering process. Invoicing is done electronically (e.g., via email).
We accept the following payment methods: Bank transfer (advance payment). If the bank transfer payment method is selected, the invoice amount is due immediately upon confirmation of the order. Delivery will take place after receipt of payment.
As a matter of principle, the goods are only delivered after full payment has been received (advance payment). However, the seller expressly reserves the right, in individual exceptional cases (e.g., to avoid delivery delays due to holidays or operational reasons), to dispatch the goods to the customer before receipt of payment at their own discretion. The customer has no legal entitlement to such premature delivery. If premature delivery occurs, the payment obligation remains unaffected, and the full invoice amount is due immediately upon receipt of the goods without deduction.
If the customer defaults on payment, statutory default interest shall apply. For consumers, this is 4 percentage points above the respective base interest rate, and for entrepreneurs, 9.2 percentage points above the base interest rate. In the event of default in payment, reasonable reminder fees may be charged, which shall not exceed our actual administrative costs.
In the event of default in payment, the customer undertakes to reimburse the seller for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal prosecution. This includes, in particular, the costs of an commissioned collection agency or lawyer. For each reminder sent by us, reminder fees of up to 5.00 EUR may be charged.
§ 4 Delivery
Delivery is carried out by the shipping service providers specified during the ordering process and generally takes place within five working days after receipt of payment. If the goods are not available within this period, we will immediately inform the customer of the expected new delivery date. Delivery is carried out by logistics service providers commissioned by us.
For consumers, the risk of accidental loss or accidental deterioration of the goods only passes upon handover to the consumer or a third party specified by them (§ 7b KSchG).
The risk of accidental loss or accidental deterioration of the goods passes to you as soon as you or a third party designated by you has taken possession of the goods.
§ 5 Retention of Title
The delivered goods remain our property until full payment of all claims arising from the purchase contract. This applies to both consumers and entrepreneurs. The following applies additionally to entrepreneurs: We retain title to the goods until full settlement of all claims arising from an ongoing business relationship (extended retention of title).
§ 6 Cancellation Policy (Right of Withdrawal)
(1) Right of Withdrawal
If the customer is an entrepreneur according to §1 UGB, withdrawal is completely excluded.
Consumers have a statutory right of withdrawal. The withdrawal period is 14 days from the day on which you, or a third party designated by you who is not the carrier, have taken possession of the last goods. For digital content not supplied on a tangible medium, the period begins upon the conclusion of the contract, but only if you have expressly agreed that we may begin performance before the end of the withdrawal period and have acknowledged the loss of your right of withdrawal.
(2) Withdrawal Modalities
To exercise your right of withdrawal, you must inform us (Elektrik Store – Dragan Kukrkic, Neustiftgasse 66/3/15, 1070 Vienna, Austria, Email: office@elektrikstore.at, Fax: +43 1 957 5781) of your decision to withdraw from this contract by means of a clear statement (e.g., an email or letter). You may use the attached model withdrawal form, but it is not mandatory.
(3) Consequences of Withdrawal
Upon effective withdrawal, we are obliged to refund all payments we have received from you within 14 days from the day on which we received your notification of withdrawal. This includes the delivery costs of a standard shipment (but not additional costs arising if you chose a more expensive type of delivery). We will use the same means of payment that you used for the original transaction for this refund, unless expressly agreed otherwise.
You bear the direct costs of returning the goods. We are not liable for transport damages during the return shipment unless the damage is due to packaging provided or mishandled by us.
(4) Depreciation in Value
You only have to pay for any loss in value of the goods if this loss in value is due to handling that was not necessary for checking the condition, properties, and functioning of the goods (e.g., intended use beyond testing purposes).
(5) Partial Withdrawal
In the event of a partial withdrawal from the contract, proportional discounts and shipping costs will be recalculated. Any differences in your favor will be refunded; differences in our favor will be deducted from the refund amount.
(6) Exclusions
The right of withdrawal expires for:
- Digital content as soon as you have started executing the download, provided we have obtained your express consent to premature delivery and your confirmation of the waiver of withdrawal.
- Goods made to customer specifications or clearly personalized.
Entrepreneurs do not have a right of withdrawal.
(7) Special notes on safety-relevant electrotechnical products
For electrotechnical components with a safety-relevant function (e.g., RCBOs, RCDs, surge protection devices, AFDDs, protective relays), a loss of value is regularly to be assumed if they have been used, mounted, or electrically connected beyond a mere functional test.
Such handling goes beyond testing the condition, characteristics, and functioning (in accordance with the statutory provisions of the FAGG) and can lead to a corresponding depreciation in value up to full compensation for the value.
A value-neutral return is therefore only possible if:
– the goods are unused,
– there are no signs of mounting, connection, or use.
Mounted or electrically connected items are considered used and, for safety reasons, can no longer be sold as new goods.
The statutory right of withdrawal as such remains unaffected by this.
Installation notice:
The installation, commissioning, and testing of the safety-relevant electrotechnical components mentioned above may only be carried out by licensed electrical specialist companies in accordance with the Electrical Engineering Act (ETG 1992). Unauthorized or improper installation by unauthorized persons can lead to danger to life and limb, as well as the loss of guarantee and warranty claims.
(8) The right of withdrawal applies exclusively to consumers within the meaning of the KSchG.
Model Withdrawal Form
Withdrawal Address: Elektrik Store – Kukrkic Dragan Neustiftgasse 66/3/15, 1070 Vienna, Austria Email: office@elektrikstore.at Fax: +43 1 957 5781 I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*): – Description of goods: ___________________________ – Ordered on: __________________ received on: __________________ – Name of consumer(s): ___________________________ – Address of consumer(s): ___________________________ (Signature, only if communicated on paper) Date: ___________________________ (*) Delete as applicable.
§ 7 Reservation of Availability
If the goods are not available, we will immediately offer you a replacement item or set a reasonable grace period. Only if you reject this or the period expires fruitlessly will we withdraw from the contract. Any payments already received will be refunded to the customer immediately after withdrawal from the contract.
§ 8 Transport - Assumption and Transfer of Risk
We bear the risk until the goods are handed over to you or a recipient designated by you. In the event of visible transport damage, we ask you to report this as soon as possible, ideally within 48 hours, providing photos.
The statutory warranty rights remain unaffected by this.
§ 9 Warranty
Statutory liability rights for defects apply.
The statutory warranty rights for consumers remain unaffected and may not be shortened or excluded. For consumers, a two-year warranty period generally applies from the delivery of the goods. Towards entrepreneurs, the warranty is limited to a period of one year from delivery.
Entrepreneurs are obliged to inspect the goods immediately upon receipt. Obvious defects must be reported in writing within 14 days. Liability for personal injury, product liability claims, and mandatory statutory provisions remains unaffected. Towards customers, we initially provide warranty at our discretion either by improvement or replacement delivery. The seller is entitled to repair or replace within a reasonable period and a reasonable number of attempts.
For consumers, it is presumed within the first year that a defect already existed at the time of the transfer of risk. For digital content, §§ 922 ff ABGB apply.
(1) For consumers (B2C): The statutory provisions of the warranty (§ 9 KSchG, VGG) apply. Private customers are not obliged to inspect the goods immediately upon receipt.
(2) For entrepreneurs (B2B): The duty to inspect and notify of defects according to § 377 UGB applies. Entrepreneurs must inspect the delivered goods for defects within a reasonable period (no later than 5 working days) and notify us of any defects in writing; otherwise, the goods are considered approved.
§ 10 Liability
The seller is fully liable for damages arising from intent or gross negligence.
In the case of slight negligence, the seller is only liable for the breach of essential contractual obligations (cardinal obligations), limited, however, to the foreseeable, contract-typical damage.
Liability for damages resulting from injury to life, body, or health remains unrestricted.
Liability under the Product Liability Act as well as for mandatory statutory liability provisions remains unaffected.
§ 11 Data Protection
Elektrik Store processes personal data exclusively for contract fulfillment and processing.
We comply with the provisions of the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). The customer's personal data is used by the seller exclusively for processing the contract, invoicing, and customer support. Further information on the scope and purpose of processing as well as the customer's rights can be found in our privacy policy.
As part of the ordering process, we collect your personal data (name, address, email, telephone number) as well as order and payment data to process your purchase contract. The legal basis for this is Art. 6 Para. 1 lit. b GDPR (performance of a contract). Your data will be used to process the order and deliver the goods and may be passed on to service providers:
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Payment processing: Based on the payment method used (bank transfer), we process the necessary payment data (e.g., name, address, bank details, email). Data processing is carried out to execute the payment transactions and to fulfill the contract (Art. 6 Para. 1 lit. b GDPR).
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Shipping service providers, pre-suppliers, and manufacturers: For delivery, we pass on your shipping address and contact details to the commissioned shipping companies (DPD, GLS, Post, DHL), pre-suppliers, and manufacturers. The processing serves the processing of the contract (Art. 6 Para. 1 lit. b GDPR). Data is only passed on to manufacturers and pre-suppliers in the case of direct shipping (§ 6 Para. 1 lit. b GDPR).
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Tax consultant and accounting: Your order and payment data are also stored electronically or in paper form and transmitted to the tax consultant in order to comply with statutory accounting and retention obligations (Art. 6 Para. 1 lit. c GDPR). In Austria, tax-relevant documents must generally be kept for 7 years.
§ 12 Online Dispute Resolution
We are not obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. Information on national arbitration boards can be found at www.verbraucherschlichtung.at.
§ 13 Jurisdiction and Choice of Law
If the consumer has their domicile or habitual residence in the country or is employed in the country, the jurisdiction of the court in whose district the domicile, habitual residence, or place of employment is located can only be agreed upon for a lawsuit against them (§ 14 KSchG).
For contracts with entrepreneurs, the factually competent court at the company's registered office is agreed upon as the exclusive place of jurisdiction.
§ 14 Electronic Invoicing
Electronic invoicing (e-invoicing) is permitted.
§ 15 Drop-off Permission
If the customer grants a drop-off permission, the risk for loss or damage to the shipment passes to the customer upon proper deposit at the agreed location. Any liability on our part as well as on the part of the parcel service provider for damage or loss after a drop-off in accordance with the permission is excluded.
This does not apply in cases of gross negligence or intent, or in the case of improper deposit.
§ 16 Blocking and Termination of the Customer Account
Principle & Freedom of Contract – Reservation of Blocking/Termination
We reserve the right to completely or partially (e.g., for new orders) block or terminate the customer account for the following reasons.
Unauthorized cancellation after receipt confirmation (B2C)
Once an order has been placed, unilateral cancellation by the customer is generally not permitted, provided the contract has already been legally concluded.
The consumer's statutory right of withdrawal according to the FAGG remains unaffected by this.
Costs may only be invoiced to the customer insofar as these are attributable to demonstrable, culpable, and abusive behavior and are legally permissible.
Reactivation of the customer account is only possible after the customer has fully settled all costs incurred by the unauthorized cancellation and we have re-examined the account.
Blocking in cases of suspicion
We are entitled to temporarily block the customer account and cancel orders if there are concrete indications of the following suspected cases:
a) Abusive use (e.g., identity or age fraud)
b) Suspicion of fraudulent payment transactions
c) Attempted circumvention of security systems
d) Reseller activity contrary to our terms and conditions
e) Multiple recourse claims without justification
f) Other abusive legal behavior
g) Provision of false or misleading data, especially regarding name, delivery address, or contact details (e.g., telephone number, email address)
Before a block is implemented, a balancing of interests will take place taking into account:
a) Severity of the suspicion
b) Presence of objective evidence
c) Reasonableness for the customer
d) Opportunity to provide a statement
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Non-payment
In the event of non-payment of outstanding amounts, we also reserve the right to block the customer account until all claims have been settled. -
Information and Reactivation
Reactivation of the account is only possible after full settlement of all outstanding claims and a final review by us. -
Legal Remedy
The customer can object to the blocking or termination of the customer account in writing within 14 days after receipt of the notice of blocking/termination. We reserve the right to review the objection and to communicate a decision in writing. -
Consequences of Blocking/Termination
After blocking or termination of the customer account, all ordering processes via this account are immediately suspended. Orders already placed but not yet executed may be cancelled. Amounts already paid for deliveries or services that are no longer fulfilled will be refunded, provided there are no counterclaims. -
Severability Clause
The invalid provision shall be replaced by the statutory regulation.
§ 17 Prohibited Business Practices
The following are in particular impermissible:
a) Orders on behalf of a third party (company/authority) without verifiable valid commercial authorization
b) Demanding commissions, remuneration, or monetary benefits from the seller for placing the order
Such actions constitute a violation of § 879 ABGB (immoral transaction) and entitle us to immediately cancel the order and block the account.
§ 18 Right of Withdrawal in the Event of Delivery Obstacles at Certain Facilities
(1) The seller reserves the right to withdraw from the contract if the delivery of the goods to the delivery address provided by the customer is significantly impeded or impossible for reasons for which the seller is not responsible, and a handover to a third party cannot take place or is not permitted according to the standards of the chosen shipping service provider.
(2) This applies in particular, but not exclusively, to the following delivery addresses:
* Authorities, ministries, and other state institutions,
* Educational institutions such as schools, universities, colleges, and institutes,
* Student dormitories, student houses, school boarding houses, or comparable residential complexes with restricted access or central reception,
* Hospitals, clinics, and other medical facilities,
* Exhibition grounds, exhibition halls, and congress centers,
* Large halls, industrial buildings with restricted access or anonymous reception areas,
* Military barracks, correctional facilities, or comparable institutions with security restrictions.
* Parcel pickup shops, parcel boxes, or similar pickup locations where the handover is made by a third party and the seller cannot assume liability for acceptance.
(3) A significant delivery obstacle exists in particular if:
* The delivery service provider cannot locate the recipient at the specified location despite reasonable efforts,
* Delivery to a third party (e.g., secretariat, porter, colleague) is not permitted according to the internal rules of the delivery service provider or the access restrictions of the facility,
* A pickup by the customer or an authorized third party at a packing station or a branch of the delivery service provider was not agreed upon or is not possible,
* Multiple delivery attempts remain unsuccessful.
(4) Before exercising the right of withdrawal, the customer must be informed about the delivery obstacle and given a reasonable period (usually 3-5 working days) to specify an alternative delivery address suitable for regular delivery or to arrange a pickup option. If the customer fails to comply with their duty to cooperate within this period, the seller is entitled to withdraw from the contract.
(5) In the event of an effective withdrawal according to this clause, any payments already made by the customer will be refunded immediately. The customer has no claim for damages in this case, unless the seller is responsible for the delivery obstacle.
(6) This regulation does not affect the seller's statutory right of withdrawal under Austrian law, in particular according to §§ 918 ff ABGB.
§ 19 Guarantee
The statutory provisions of the Consumer Warranty Act (VGG) apply. In the case of defects that appear within 12 months from the handover of the goods, it is legally presumed that the defect was already present at the time of handover.
§ 20 Product Safety (GPSR):
All products comply with Regulation (EU) 2023/988. Information on the manufacturer and any safety warnings are directly apparent on the respective product listing.
§ 21 Accessibility (BaFG):
We strive to make our webshop accessible in accordance with the requirements of the Accessibility Act (BaFG). Detailed information on this can be found in our accessibility statement.
§ 22 Miscellaneous Provisions
Liability for links: Our website contains links to external third-party websites. The respective providers are exclusively responsible for their content; we assume no liability for these external contents.
Copyright: The layout, graphics, texts, and other elements of our website are protected by copyright. Any reproduction or use requires our prior written consent.
Should individual provisions of this contract be invalid, the validity of the remaining provisions shall remain unaffected. In this case, the invalid provision shall be replaced by a provision that comes closest to the economic intent.