General terms and conditions with customer information. You will find the legally required instruction on the right of cancellation in distance selling for consumers under Section 3 of the General Terms and Conditions. We also look for customer-oriented solutions in legal issues. You can just call us. Of course, your rights remain unrestricted even if you do not call us. The legislator obliges online providers in particular to provide numerous references to the contract and the applicable conditions. We have compiled these notes and instructions and our other further shipping conditions for you below.
1.1 These general terms and conditions (hereinafter “GTC”) of Multistopper KG (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the seller’s online shop goods and/or services shown. The inclusion of the customer’s own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions shall apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer’s offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive in this respect, or by notifying the customer delivers the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by asking the customer to pay after the order has been placed. If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) together with these General Terms and Conditions after the order has been sent. In addition, the text of the contract is archived on the seller’s website and can be accessed by the customer free of charge via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller’s online shop before sending his order.
2.6 Before the binding submission of the order via the seller’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all Dri
tten sent e-mails can be delivered.
3) Right of Withdrawal
In principle, consumers are entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller’s cancellation policy.
3.1 Cancellation policy
right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of cancellation, you must notify Multistopper KG, Ing. Horst Raffalt, Steinböckengasse 98, 1140 Vienna Tel: +43 (0)664-640 43 52 E-mail: email@example.com by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use a model withdrawal form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation. If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier. You have the goods immediately and in any case within fourteen days at the latest to be returned or handed over to us from the day on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Exclusion or premature expiry of the right of cancellation The right of cancellation does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
4. Offers, prices, shipping costs
4.1 Our promotional offers are non-binding and subject to change as long as they do not become part of a contractual agreement. The prices listed in the offer at the time of the order apply to orders in our Internet shop. The prices quoted are final prices, i.e. they include the applicable Austrian statutory value added tax and other price components.
4.2 The shipping costs can be found directly on the price or in the summary of your order.
5. Payment, Delivery
5.1 We only offer the payment options specified in our online shop. Payments are to be made without deductions in any case and are due no later than 14 days after receipt of the goods. In the event of default, we shall claim at least the statutory default interest, whereby we reserve the right to demand higher interest actually incurred. The customer remains free to prove that we have incurred less damage. Payment in advance: You transfer the amount in advance to our account given to you in the order confirmation.
5.2 We make every effort to deliver ordered goods immediately. When ordering stock items, the shipment usually takes place on the same working day (assuming receipt of payment depending on the payment method) otherwise on the following working day. If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable amount of time in advance. Pickup is not possible for logistical reasons.
6. Retention of Title
If the seller pays in advance
ng, he retains title to the delivered goods until the purchase price owed has been paid in full.
7. Warranty and Customer Satisfaction
We value your customer satisfaction. You can contact us at any time using one of the contact methods specified above. We will try to check your request as quickly as possible and will contact you after we have received the documents or your input or complaint. However, please give us some time, as warranty cases often require the involvement of the manufacturer. In the event of complaints, you can help us if you describe the subject of the problem as precisely as possible and, if necessary, send us a copy of the order documents or at least state the order number, customer number, etc. If you do not receive a response from us within 5 working days, please ask. In rare cases, e-mails may have “stuck” in spam filters with us or with you, or a message may not have reached you by any other means, or it may have been omitted accidentally. For service requests, please contact our customer service, which you can reach under the above contact details. The statutory warranty rules apply. The customer supports us in determining, isolating and documenting the defects, insofar as this is reasonable for him in good faith in view of the contractual relationship.
8. Redeeming Vouchers
8.1 Vouchers purchased via the seller’s online shop can only be redeemed in the seller’s online shop using the online order form provided for this purpose. Redemption by telephone, letter, fax or e-mail is not possible.
8.2 Vouchers and remaining voucher balances can be redeemed up to the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer’s voucher account by the expiry date.
8.3 Vouchers can only be used for the purchase of goods and not for the purchase of further vouchers.
8.4 If the value of the voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.5 Only one voucher can be redeemed per order.
8.6 A cash payment of vouchers or voucher credit is not possible.
8.7 The voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
9. Governing Law, Place of Jurisdiction
The law of the Republic of Austria applies to all legal transactions or other legal relationships with us. The validity of the UN sales law is excluded.
If the customer moves his domicile or usual place of residence abroad after the conclusion of a contract concluded under the validity of these terms and conditions, our company headquarters in 1140 Vienna is agreed as the place of jurisdiction for this case. In this case, we are also entitled to sue at the customer’s last domestic place of residence. For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, legal action must be taken at the court responsible for the headquarters of Multistopper KG. Multistopper KG is also entitled to sue at the customer’s headquarters.
9.1 Out-of-court dispute resolution
Legal notice in accordance with Article 14 (1) of EU Regulation No. 524/2013 of May 21, 2013 ( ODR Regulation ): The European Commission is providing consumers and entrepreneurs with an interactive website ( “OS platform” ), which you can find under the following link: http://ec.europa.eu/consumers/odr. The OS platform is a central contact point that consumers and entrepreneurs can access electronically free of charge in all official languages of the European Union in order to settle disputes about contractual obligations from online sales contracts or online service contracts out of court.
10. Final Provision
If individual provisions of these general terms and conditions are not legally effective in whole or in part or later lose their legal effectiveness, the validity of the general terms and conditions will otherwise not be affected. The statutory provisions shall take the place of the ineffective provisions. The same applies if the general terms and conditions contain an unforeseen gap.
II. General terms and conditions for deliveries to entrepreneurs
For deliveries to natural and j
uristic persons or legal partnerships who act in their orders in the exercise of their commercial or self-employed professional activity (“entrepreneurs”), our delivery terms and conditions apply in addition. You can find these delivery terms and conditions here:
1. TERMS OF PURCHASE
I. General purchasing conditions of the companies of Multistopper KG
All deliveries and services that you as a company or entrepreneur (hereinafter: “Supplier”) provide to companies of Multistopper KG are based exclusively on these conditions. Insofar as framework agreements and individual legal agreements have been made between the parties, these have priority. Other general terms and conditions do not apply even if they have not been expressly contradicted in individual cases.
1. Orders, transactions and delivery schedules must be in writing.
2. If the supplier does not accept our order within a period of 2 weeks after receipt of the order by means of a written confirmation, a later acceptance is considered a counter-offer and we can either accept or reject it. Delivery call-offs become binding at the latest if the supplier does not object within 2 weeks of receipt and he was informed of this consequence by us when the delivery call-off was made.
3. The supplier may only place subcontracts with our consent.
4. We reserve the right to make changes to the customary quantities or quality tolerances, as long as this does not change the price and/or the essential performance characteristics or the delivery time and the changes/deviations are reasonable for the contractual partner.
5. If we need to make a reasonable change to the delivery item after the conclusion of the contract, the supplier is obliged to carry out appropriate, open-ended subsequent negotiations with us.
1. The price stated in the order is binding. Unless otherwise agreed in writing, the price includes delivery DAP (Incoterms 2010) to the location of our ordering plant, including packaging, insurance, unloading, applicable taxes, as well as customs formalities and customs. Price increases are only valid if they have been confirmed by us in writing.
2. Invoices must be submitted to us separately after delivery in the proper form, including a number of copies sufficient for processing.
3. Unless otherwise agreed in writing, we shall pay the purchase price in the currency valid at our plant’s registered office within 14 net days or within 30 days after delivery/service and receipt of the invoice net in the customary manner. The agreed payment period begins on the next 1st or 16th day of the month following receipt of the goods and invoice.
4. We are entitled to rights of offsetting and retention to the extent permitted by law.
General terms of delivery of Multistopper KG
I. General Provisions
1. For our deliveries and services in business transactions with companies (hereinafter “contractual partners”), the following terms of delivery and payment (hereinafter “terms”) apply exclusively in the version valid at the time of delivery or service. Deviating terms and conditions, in particular purchasing conditions, are only valid if they have been explicitly recognized in writing. This also applies in the event that the delivery is carried out by us without reservation after the contractual partner has objected to the validity of our terms and conditions.
2. The general terms and conditions are supplemented by special conditions depending on the business field.
3. By placing an order, the contractual partner agrees that our terms and conditions apply to the entire, including future, business relationship with him.
4. All agreements and legally relevant declarations of the contracting parties and their representatives/vicarious agents must be in writing to be effective, whereby the written form is also maintained in text form including e-mail.
II. Offer, conclusion of contract, right to make changes
1. Our offers are always non-binding unless otherwise agreed in writing.
2. We reserve the right to make design changes and deviations from the information in the brochure and catalogue, even after the order confirmation has been sent, after written notification to the contractual partner, as long as this does not change the price and/or the essential performance characteristics or the delivery time and the changes/deviations are reasonable for the contractual partner are.
3. Our written order confirmation is exclusively decisive for the acceptance of the order, the scope of the delivery and the time of delivery. Correct and timely selves
t delivery remains reserved.
4. The illustrations, weight and dimensions, technical data, etc. relating to our goods, regardless of the form of the respective data carrier, are only approximate values customary in the industry if they have not been expressly designated as binding by us in the order confirmation.
5. Objections to order confirmations must be received by us in writing immediately, at the latest within eight days of the date of issue.
1. Our prices are net prices and do not include packaging, freight, insurance and customs plus the statutory VAT applicable on the day of delivery or service.
2. If there is a significant change in wage, material or energy costs, each contracting party is entitled to request an appropriate adjustment of the price, taking these factors into account.
IV. Delivery and performance
1. Unless otherwise agreed, we deliver ex works. We are free to choose the shipping method, unless otherwise agreed. Small orders are only sent against cash on delivery and without granting our discounts. In the event of contradictions between our delivery terms and conditions in the aforementioned section I., the regulations in section I. have priority. In the case of online transactions with entrepreneurs, we reserve the right to only send invoices electronically. The customer’s consent to exclusively electronic invoicing is deemed to have been given if the customer has not requested an additional transmission of the invoice in paper form immediately after receipt of the invoice. This does not affect the customer’s right to request a paper invoice at any time within the statutory retention periods applicable to invoices.
Version: November 2017
We are pleased that you are visiting our website and thank you for your interest in our company and our products and services. Protecting your privacy when using our website is important to us. Therefore, please note the following information:
1) Collection, processing and use of personal data
In principle, you can visit our websites without us collecting any personal data from you. Personal data is only collected if you provide it to us to execute a contract, open a customer account or contact us. Without your express consent, this data will only be used to process the contract and to process your inquiries. After the contract has been fully processed, your data will be blocked with regard to retention periods under tax and commercial law and deleted after these periods have expired. In addition, personal data is collected when you register for our e-mail newsletter. This data is used by us for our own advertising purposes in the form of our e-mail newsletter, provided that you have expressly consented to this as follows: “Subscribe to the free newsletter and receive exclusive offers and don’t miss any news!” You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending us a message. After you have unsubscribed, your e-mail address will be deleted immediately.
2) Disclosure of personal data
2.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the credit institution commissioned to process payments.
3) Customer review request through Trusted Shops
If applicable, you have given the following consent after placing your order:
“Yes, I would like to “rate my purchase later” and be reminded once by Trusted Shops via e-mail to submit a review. My agreement can be revoked at any time.” If you have given us your express consent to this, we will transmit your e-mail address to Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Cologne, via the Trusted Shops dealer rating system, so that we can request you to submit a dealer rating for the service purchased they will send you an email to remind you to leave a review. This consent can be revoked at any time with effect for the future (e.g. by e-mail to our e-mail address given in the imprint).
In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser
rs, deleted again (so-called session cookies). Other cookies remain on your end device and enable us or our partner companies to recognize your browser on your next visit (persistent cookies). You can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general. If cookies are not accepted, the functionality of our website may be restricted.
5) Use of Pinterest plugins
So-called social plugins (“plugins”) from the Pinterest social network operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA (“Pinterest”) are used on the seller’s website. If you call up a seller’s page that contains such a plugin, your browser establishes a direct connection to the Pinterest servers. The plugin transmits so-called log data to the Pinterest server in the USA. This log data may include the IP address, the address of the visited websites that have Pinterest functions, type and settings of the browser, date and time of the request, how you use Pinterest and cookies. The purpose and scope of the data collection and the further processing and use of the data by Pinterest as well as your rights in this regard and setting options for protecting your privacy can be found in Pinterest’s data protection information: https://about.pinterest.com/de/privacy-policy
6) Use of Twitter plugins
Our website uses so-called social plugins (“plugins”) from the microblogging service Twitter, which is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (“Twitter”). The plugins are marked with a Twitter logo, for example in the form of a blue “Twitter bird”. You can find an overview of the Twitter plugins and their appearance here: https://twitter.com/about/resources/buttons If you call up a page on our website that contains such a plugin, your browser establishes a direct connection to the servers of twitter here. The content of the plugin is transmitted directly to your browser by Twitter and integrated into the page. Through the integration, Twitter receives the
Information that your browser has accessed the corresponding page of our website, even if you do not have a Twitter profile or are not currently logged in to Twitter. This information (including your IP address) is transmitted directly from your browser to a Twitter server in the USA and stored there. If you are logged in to Twitter, Twitter can immediately assign your visit to our website to your Twitter account. If you interact with the plugins, for example by pressing the “Tweet” button, the corresponding information is also transmitted directly to a Twitter server and stored there. The information is also published on your Twitter account and displayed to your contacts there. The purpose and scope of the data collection and the further processing and use of the data by Twitter as well as your rights in this regard and setting options for protecting your privacy can be found in Twitter’s data protection information: https://twitter.com/privacy If you do not want Twitter to use the assigns the data collected via our website directly to your Twitter account, you must log out of Twitter before visiting our website. You can also completely prevent the Twitter plugins from loading with add-ons for your browser, e.g. B. with the script blocker “NoScript” (http://noscript.net/).
7) Web Analysis Service
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics
will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you will if applicable not be able to use all functions of this website in full. You can also record the data generated by the cookie and related to your use of the website
Prevent data (including your IP address) from being sent to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl =de It is pointed out that this website uses Google Analytics with the extension “_anonymizeIp()” and therefore IP addresses are only processed in abbreviated form in order to rule out direct personal reference.
8) Use of Facebook plugins
Our website uses so-called social plugins (“plugins”) from the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are marked with a Facebook logo or the addition “Social Plugin from Facebook” or “Facebook Social Plugin”. You can find an overview of the Facebook plugins and their appearance here: https://developers.facebook.com/docs/plugins If you call up a page on our website that contains such a plugin, your browser establishes a direct connection to the servers of Facebook here. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there. If you are logged into Facebook, Facebook can immediately assign your visit to our website to your Facebook profile. When you interact with the plugins, for example the “Like” button
or make a comment, this information is also transmitted directly to a Facebook server and stored there. The information will also be published on your Facebook profile and shown to your Facebook friends. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights in this regard and setting options for protecting your privacy can be found in Facebook’s data protection information: http://www.facebook.com/policy.php If you do not want to To ensure that Facebook assigns the data collected via our website directly to your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent the Facebook plugins from loading with add-ons for your browser, e.g. with the “Facebook Blocker” (http://webgraph.com/resources/facebookblocker/).
9) Your Rights and How to Contact Us
You have a right to free information about your stored data and, if necessary, a right to correction, blocking or deletion of this data. If you have any further questions about the collection, processing or use of your personal data, please contact us. The same applies to information, blocking, deletion and correction requests regarding your personal data as well as to the revocation of consent. You can find the contact adress in our imprint.
Multistopper KG is responsible for the content of these pages
1140 Vienna, Austria
UID: ATU 70 51 00 48
Company registration number FN443204x
Tax number 08 398 / 8485