General Terms & Conditions B2C
1. Scope of these General Terms & Conditions
1.1 The scope of these General Terms and Conditions (hereinafter referred to as “GTCs”) shall be all services mse elektronik gmbh (hereinafter referred to as “MSE”) provides regarding the delivery of goods. Any delivery of goods shall be performed based exclusively on these GTCs. This shall apply unless otherwise expressly agreed on in writing.
1.2 These GTCs only apply to business transactions between MSE and consumers. Whoever is not an entrepreneur shall be considered a consumer. Everyone for whom the business transaction is part of the operation of their company shall be considered an entrepreneur. Such company shall be any permanent organisation with independent, economic activity, even if it is non-profit. The aforementioned consumer shall be referred to as “Client” hereinafter.
2. Order, purchase order, delivery
2.1 Any MSE quotes and any details contained therein, including but not limited to prices, measurements, and weights, shall be subject to change and non-binding; quotes shall be considered invitations for the Client to issue a purchase order.
2.2 A Client’s purchase order shall be an offer to MSE to conclude a purchase contract. MSE will immediately confirm receipt of such order. However, confirmation of receipt alone shall not constitute acceptance of the order. Confirmation of receipt shall only be an acceptance of the order if expressly stated by MSE therein.
2.3 If MSE has not yet confirmed the order in the confirmation of receipt (see item 2.2), confirmation of order, and thus contract conclusion, shall be executed only after MSE sends the Client the ordered product and confirms such shipping via email or message on the Client’s account.
2.4 MSE expressly indicates that it reserves the right to accept and/or execute an order, particularly, subject to availability. Moreover, MSE reserves the right to refuse or not execute the Client’s orders, particularly, in the event of unpaid invoices from prior orders. Furthermore, MSE shall be entitled to limit the order to small amounts. The Client shall not be entitled to any claims whatsoever arising from this. If MSE does not accept an order, the Client shall be informed within 5 working days (i.e., not Saturday and Sunday) from the day following transmission of the Client’s order; any advance payments of the Client shall be returned to them.
2.5 MSE reserves the right to make technical and design amendments to its products, in derogation from information presented on the website, in brochures, catalogues and written documentation as well as to amend model, construction or material on grounds of technological progress and further development within reason; the Client shall not be entitled to any rights or claims whatsoever against MSE resulting from this.
2.6 Any particular specifications and/or requirements of the Client regarding the subject of the contract and/or the services to be rendered by MSE and/or additional services and deliveries by MSE, must be expressly confirmed by MSE in writing. Requirements for retrospective alteration can be considered in exceptional cases and for additional costs; however, the Client shall not be entitled to them.
3. Scheduled deliveries and time limits
3.1 Delivery of the ordered goods shall only be executed after MSE has received payment for the entire purchase price as well as any shipping costs in full.
3.2 Unless stated otherwise during the ordering process, goods will be delivered within 30 days from acceptance of the order (see item 2.3). If a delivery is delayed, MSE shall notify the Client of such delay immediately after gaining knowledge about this, however, before the delivery date agreed, and obtain the Client’s consent for a later delivery. If the Client does not consent to this, they shall be entitled to withdraw from the contract.
3.3 The delivery date shall be considered complied with if the goods left MSE’s plant/storage (or for third-party transactions, the supplier’s plant/storage) on time, or if the Client collects it if the delivery is ready for collection and the Client has been informed about this on time.
3.4 MSE shall be entitled to prolong the deadline accordingly for any interruptions of operations or cases of force majeure as well as other events beyond MSE’s area of influence; this particularly pertains to delays in delivery and similar on the part of upstream suppliers.
4. Revocation (= withdrawal)
The Client shall be entitled to withdraw from this contract without citing any reasons within fourteen days. Hereinafter, this right of withdrawal will be referred to as revocation. The revocation period shall start as soon as the Client
• has taken possession of the goods (in case of purchase of goods which are delivered); or
• has taken possession of the last goods (in case of a contract for several goods which the Client ordered as part of a single order but which are delivered separately); or
• has taken possession of the last partial delivery or the last item (in case of a contract for delivery of a product in various partial deliveries or items); or
• has taken possession of the first product (in case of a contract for the regular delivery of goods for a determined period).
In order to claim their right of revocation, the Client undertakes to notify MSE by means of an unambiguous message (e.g., a letter by post, a fax, or an e-mail) about their decision to revoke this contract.
The revocation must be addressed to:
mse elektronik gmbh
8053 Graz, Austria
Tel.: +43 (0) 316 / 57 22 49-0
Tel.: +43 (0) 316 / 57 22 49-80
In order to meet the revocation deadline, it shall suffice for the Client to send the notification on their claim or the right of revocation before the revocation deadline ends.
Exclusion of the right of revocation:
The right of revocation shall be excluded for the delivery of goods produced according to the Client’s specifications or which are clearly tailored to individual requirements.
Consequences of revocation:
If a Client revokes this contract, MSE shall refund any payments it received from the Client, including shipping costs (excluding additional costs resulting from the Client’s decision to choose another means of delivery other than the cheapest standard delivery offered by mse), immediately and at the latest fourteen days after the day MSE received the revocation notification about this contract. MSE shall use the same means of payment for refunding as the Client used for the original transaction, unless otherwise expressly agreed with the Client; the Client shall not be charged a fee for refunding under any circumstances.
The Client undertakes to return or hand over goods to MSE immediately and in any case at the latest within fourteen days from the day they notified MSE about revocation of this contract. The time limit shall be considered met if the Client dispatches the goods within the fourteen-day time limit.
The Client shall bear any direct costs for returning the goods. Returns that are freight forward/not prepaid will be automatically returned to the sender.
The Client shall only be obliged to pay for a possible loss in value of the goods if the depreciation results from something other than the necessary handling for checking the quality, properties, and mode of operation of the goods by the Client.
In case of delivery of sealed goods (for reasons of health protection or hygiene), the right of revocation shall expire prematurely if the seal has been broken after delivery.
Address for dispatch in case of revocation:
In the event of revocation, the Client shall send the goods to the following address:
mse elektronik gmbh
8053 Graz, Austria
5. Default of acceptance, transfer of risks
5.1 If a Client is in default of acceptance, MSE shall either be entitled to store the goods charging a storage fee of 0.1% for the invoice amount per each calendar day started, and to claim fulfilment of contract, or to withdraw from the contract and subsequently re-sell the goods following an appropriate grace period. In case MSE claims their right of withdrawal, the Client must pay liquidated damages to the amount of 25% of the invoice amount in addition to the storage fee.
5.2 If the goods are to be collected by the Client, transfer of costs and risk shall apply from the time of handover, and in case of default of acceptance, the transfer shall be on the day of default.
6. Prices and payment conditions
6.1 Prices are in euro including statutory VAT ex works or distributing warehouse of MSE, in case of third-party deals ex works or distributing warehouse of the supplier.
6.2 The website price from the day of ordering shall apply to each delivery. Ordered goods may be paid for via PayPal or advance payment (see also selector “Payment method” in the shopping cart of www.collaxx.com). MSE will deliver the ordered goods within the delivery period stated on the website during the ordering process as soon as it received payment. Payments to employees or other representatives of MSE who are not expressly designated in writing for collection, shall not fully discharge the debt.
7. Delivery and shipping costs
7.1 MSE shall charge delivery and shipping costs in addition to the respective goods’ end prices stated, as follows (each incl. VAT):
Information on the amount of shipping costs is available in the shopping cart of www.collaxx.com under “Shipping costs” or at the telephone number: +43 316 / 57 22 49-0 or via email: .
7.2 Mode of shipping and shipping route shall be at MSE’s discretion. Packaging shall be carried out in customary manner. The Client shall bear costs for additional packaging. The Client undertakes to dispose of the packaging at their own cost. Additional fees for express or air freight delivery shall be invoiced separately.
8. Reservation of title
8.1 The goods shall remain the sole property of MSE (reserved goods) until fulfilment of any claims arising for MSE from the respective contract, in particular, payment in full (including interest and ancillary costs), even if individual items have already been paid for.
8.2 The Client must not use reserved goods until MSE has been paid in full, and they also bear the full risk for the goods entrusted to them, in particular risk of destruction, loss or deterioration.
8.3 During the period of reservation of title, the Client must handle the goods with care.
8.4 If the Client processes reserved goods to a new chattel, this shall happen on MSE’s behalf, without any obligations arising thereof for MSE. The new chattel shall become the property of MSE. If the reserved goods are combined, processed, or compounded of reserved goods with other goods not in MSE’s possession, MSE shall be entitled to co-proprietorship in proportion to the invoice value of the reserved goods to the other ones.
8.5 In the event of seizure by third parties of or other access by third parties to reserved goods, the Client undertakes to indicate MSE as proprietor and immediately notify MSE.
8.6 If the Client violates the contract, in particular in case of default payment, MSE shall be entitled to take back the reserved goods or, at its discretion, request that the Client cedes their claim for restitution against a third party.
8.7 If a Client breaches the reservation of title agreements, the Client undertakes to pay a contractual penalty at the amount of double the net worth of the reserved goods, without offsetting any damage that actually occurred (in particular, costs of reclamation of executed property in execution proceedings). Additionally, if the Client does not comply with their obligations or discontinues payment, the entire outstanding amount shall immediately become due for payment. In such a case, MSE shall be entitled to demand the immediate handover of the goods excluding any right of retention. Upon acceptance of goods, it will be at MSE’s discretion to either sell the goods and credit the Client for the generated revenue minus 20% re-sale fees to its outstanding payments, or to accept return at the invoice amount minus any depreciation, as well as to charge the Client an adequate usage fee for the time they had the delivered products.
9. Warranty, damages, prohibition of assignment, guarantees
9.1 The statutory provisions shall apply regarding the warranty.
9.2 MSE will not accept any warranty for customary wear and tear as well as for defects arising from improper use.
9.3 Products for which natural materials are used, such as wood and similar, may exhibit colour deviations and irregularities in the finish despite thorough selection of material and state-of-the-art production methods; such characteristics of natural materials, which cannot be controlled, shall not be considered a defect. Any warranty claims will be excluded in this regard.
9.4 Products for the manufacture of which synthetic materials are used, may exhibit minor irregularities in the finish and inclusions that cannot be avoided despite using state-of-the-art production methods; such irregularities and inclusions shall not be considered a defect. Any warranty claims will be excluded in this regard.
9.5 MSE shall make any corrections or exchange on the grounds of warranty within six weeks, unless agreed otherwise. If the product cannot be repaired or exchanged within an appropriate period or not without difficulty, the Client shall be entitled to claim a refund or reduction of the purchase price.
9.6 MSE shall not be liable for exact conformity with the first delivery in the event of additional deliveries.
Defects shall be claimed at
mse elektronik gmbh
8053 Graz, Austria
Tel.: +43 (0) 316 / 57 22 49-0
Tel.: +43 (0) 316 / 57 22 49-80
9.7 MSE shall be fully liable for any damage incurred by the Client within the business transaction only if it constitutes wilful intent or gross negligence on the part of MSE or its vicarious agents, except in cases of physical injuries where MSE shall already be fully liable for slight negligence. This shall not affect the provisions of the Austrian Product Liability Act.
9.8 Surrender of claims for warranty or damages and similar shall be prohibited.
9.9 Provided that MSE has expressly given guarantees, these shall only apply in case of proper usage of the goods, in particular professional installation, mounting, and proper care. Any guarantee shall exclude any kind of wear and tear as well as damage caused by the Client or third parties. The guarantee provisions from manufacturers shall exclusively apply to guarantees promised by them. It shall be expressly stated that any granted guarantees will not limit the Client’s rights under the warranty in any way.
9.10 The Client must adhere to any instructions on the website, in brochures, manuals or other product information as well as care and assembly instructions in order to avoid damage. If the Client does not adhere to them, any claims for warranty or damages shall be forfeited. MSE expressly warns against the products being used for any other purposes than those defined.
9.11 Based on the current state of the art, data communication via the Internet cannot be warranted without errors and/or at all times. Hence, MSE shall not be liable for continuous and uninterrupted access to the online shop system or any technical or electronic errors during a purchase process outside MSE’s influence; this shall particularly apply to a delayed processing or acceptance of offers.
10. Third-party proprietary rights, copyrights
Plans, sketches, or other technical documents as well as samples, catalogues, brochures, images and the like shall always be intellectual property of mse; the Client shall not obtain and/or acquire any rights whatsoever, such as usage rights and/or exploitation rights. The Client shall immediately return such documents to MSE upon request.
11.1 MSE undertakes to comply with the provisions of the Austrian Data Protection Act (DSG), the General Data Protection Regulation (GDPR) as well as any further statutory duties of confidentiality.
12. Consent pursuant to Section 107 of the TKG20
The Client shall agree to receive messages from MSE, or companies that were assigned with this task by MSE, pursuant to Section 107 of the Austrian Telecommunications Act (TKG) for advertising purposes. The Client shall be entitled to revoke such consent at all times.
13. Choice of law, jurisdiction, dispute resolution
13.1 Austrian substantive law shall apply to any disputes arising from or in connection with these GTCs and/or the contract, under exclusion of the conflict-of-law rules of international civil law and of the UN Convention on Contracts for the International Sale of Goods. This shall also apply to any questions on concluding the contract and/or interpretation of these GTCs and the contract. If the Client is a consumer who is ordinarily resident within the EU, the Client shall also be protected by the mandatory provisions of the laws of their country of residence.
13.2 If the Client is ordinarily resident outside the European Union, the place of jurisdiction for any legal disputes arising from this contractual relationship or relating to it shall exclusively be the competent court for 4873 Frankenburg, Austria, having subject-matter jurisdiction. If the Client is ordinarily resident within the European Union, the Client shall be entitled to claim as place of jurisdiction for any legal disputes arising from this contractual relationship or relating to it either the competent court at their place of residence, or the competent court at MSE’s business premises.
13.3 MSE will acknowledge the Internet ombudsman (www.ombudsmann.at) as extrajudicial arbitration board. If the Client has further questions regarding arbitration, they may contact customer support .
14. Change of residence
The Client undertakes to notify MSE immediately and verifiably of any change in its residence without request, as long as the business transaction has not yet been completed. In the event that the Client did not notify MSE about such changes, statements to the Client shall also be considered as received when they were sent to the address last known to MSE. The burden of proof that it notified the change shall lie with the Client.
15. Contract language
Contract content, all other information, customer service, data information and complaint management shall be universally written and handled in German.