General Terms and Conditions (GTC) and Cancellation Policy of Elektrik Store

Elektrik Store is a sole proprietorship (Proprietor: 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 as defined by the Austrian Consumer Protection Act (KSchG) within the framework of distance selling contracts (webshop orders). Separate regulations (UGB) apply to entrepreneurs.

§ 1 Scope of Application

These General Terms and Conditions apply to all contracts concluded via the Elektrik Store online shop concerning 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) shall apply.[1] For contracts with entrepreneurs, the provisions of the Austrian Commercial Code (UGB) shall apply in particular.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or 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 will not be recognized unless their validity is expressly agreed to in writing.

Our offer is not directed at customers with a delivery address in Germany. Delivery to Germany is excluded.

§ 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 constitutes merely a non-binding invitation to submit an offer.

By submitting an order and clicking the button "order with obligation to pay," the customer submits a binding offer to conclude a purchase contract for the items in the shopping cart. Due to the principle of freedom of contract (private autonomy) applicable in Austria, the seller is not obliged to accept this offer.

A contract is not concluded merely by receipt of payment, but only when the seller expressly accepts the customer's offer – for example, via an email confirmation with the subject "Order Confirmation - Order in Process" – or by shipping the goods or issuing an invoice.

(2) Upon receipt of an order, the seller first sends an automatic confirmation of receipt 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 an acceptance of the contractual offer.

(3) The seller reserves the right to reject orders without stating reasons. The seller is not obliged to accept a submitted offer. This applies in particular in the following cases:
– Inconsistencies or contradictory customer data,
– Suspicion of fraud, abuse, or repeated problematic orders,
– Outstanding claims from previous transactions,
– A delivery deadline specified by the customer that is objectively unachievable or deviates significantly from realistic delivery times,
– Abusive behavior, including unauthorized threats, rating extortion, or inappropriate communication,
– Providing false or misleading data, especially regarding name, delivery address, phone 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 seller's legitimate interests (Art. 6 Para. 1 lit. f GDPR).

(6) All our offers are subject to change. The quality of the goods is determined solely by the manufacturer's or supplier's specifications. Deviations and technical changes compared to images, descriptions, or delivery times are possible. The images shown on the website serve as symbolic representations; deviations in design, appearance, or detail may occur.

(7) The contract language is German.

§ 3 Prices and Payment

All prices are in Euro 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 (Prepayment). If the bank transfer method is chosen, the invoice amount is due immediately upon confirmation of the order. Delivery takes place after receipt of payment.

If the customer is in default of payment, the statutory default interest rates shall apply. For consumers, these are 4 percentage points above the respective base interest rate, and for entrepreneurs, 9.2 percentage points above the base interest rate. In case of default, reasonable reminder fees may be charged, which do not exceed our actual administrative costs.

§ 4 Delivery

Deliveries to Germany are excluded. Deliveries to other countries take place only if they are expressly selectable in the ordering process.
Delivery is carried out by the shipping service providers mentioned in the order process and usually takes place within five working days after receipt of payment. If the goods are not deliverable within this period, we will inform the customer immediately of the estimated new delivery date. Delivery is carried out by logistics service providers commissioned by us.
For consumers, the risk of accidental loss or damage to the goods only passes upon handover to the consumer or a third party designated by them (§ 7b KSchG) .

§ 5 Retention of Title

For entrepreneurs, we reserve ownership of the goods until full payment is received (extended retention of title).

§ 6 Cancellation Policy

(1) Right of Withdrawal
If the customer is an entrepreneur according to §1 UGB, withdrawal is entirely 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.[4, 3] For digital content not supplied on a tangible medium, the period begins upon conclusion of the contract, provided you have expressly agreed that we may begin performance before the end of the period and have been informed of the loss of the 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 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
In the event of a valid withdrawal, we are obliged to refund all payments received from you within 14 days of receiving your withdrawal notification. This includes standard delivery costs (but not additional costs resulting from a more expensive shipping method chosen by you). The refund will be made using the same means of payment as the original transaction unless expressly agreed otherwise.

You must bear the direct costs of returning the goods. We are not liable for transport damage during the return shipment unless the damage is due to faulty packaging provided by us.

(4) Depreciation
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 to check the condition, characteristics, and functionality (e.g., use beyond testing purposes).

(5) Partial Withdrawal
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