Terms & Conditions

§ 01 Scope of Application

1. These General Terms and Conditions (T&Cs) apply to all contracts between muxx and its customers for the sale and delivery of goods, regardless of the sales channel. This includes in particular sales via online marketplaces (e.g. Amazon, eBay, OTTO, Kaufland, and others, “marketplace sales”) as well as direct sales by telephone and/or email (“direct sales”).
2. Customers within the meaning of these T&Cs are exclusively businesses within the meaning of § 1 UGB that purchase the goods in the course of their commercial or self-employed professional activity.
3. Any deviating terms and conditions of the customer shall only apply if expressly acknowledged in writing by muxx.
4. In marketplace sales, the T&Cs of the respective marketplace operator remain unaffected and apply in addition; in the event of conflicts, mandatory statutory provisions and the marketplace operator’s rules governing the technical ordering process shall prevail.
5. By concluding the contract, the customer confirms that the order is placed in the course of its commercial or self-employed professional activity (§ 1 UGB). Consumer protection provisions, in particular the Austrian Act on Distance and Off-Premises Contracts (FAGG) including any statutory right of withdrawal, do not apply to this contractual relationship. If it subsequently emerges that, contrary to this declaration, the customer acted as a consumer within the meaning of § 1 KSchG, muxx is entitled to treat the contract in accordance with the then mandatory consumer protection provisions.

§ 02 Formation of Contract

1. Depending on the sales channel, the contract is formed as follows: in marketplace sales via the respective online marketplace; in direct sales through an offer from muxx and its acceptance by the customer, or through an order placed by the customer and its confirmation by muxx.
2. Product listings on marketplaces and in offers from muxx do not constitute a legally binding offer but a non-binding invitation to order, unless expressly stated otherwise.
3. In marketplace sales, the customer submits a binding offer after entering the required data and completing the ordering process.
4. In direct sales, either muxx submits an offer by email, which the customer accepts by clear declaration (e.g. by email or telephone), or the customer places an order by telephone or email, which is accepted by order confirmation from muxx.
5. The contract is formed: in marketplace sales upon order confirmation by the marketplace or upon delivery of the goods; in direct sales upon acceptance pursuant to paragraph 4.
6. In direct sales, these T&Cs are sent to the customer as a PDF document together with the offer or order confirmation before the contract is concluded and become part of the contract upon acceptance of the offer or confirmation of the order.

§ 03 Prices and Payment Terms

1. All prices are quoted in euros and include applicable statutory VAT, plus any delivery charges, unless expressly stated otherwise.
2. The prices stated on the respective marketplace or in the offer from muxx at the time of the order shall apply.
3. Payment processing is handled, depending on the sales channel, via the respective marketplace and the payment service providers offered there, or — in direct sales — in accordance with the payment terms stated in the offer (e.g. advance payment by bank transfer).

Obvious Pricing Errors

4. Despite the greatest possible care, obviously incorrect prices may occur in exceptional cases, in particular due to technical errors, transmission errors, or erroneous data supplied by marketplaces or third parties.
5. In such cases, a purchase contract shall not be formed if the pricing error was obviously recognisable to the customer (e.g. a significant deviation from the customary market price).

Rescission on Grounds of Pricing Error

6. Should an order confirmation nonetheless have been sent, muxx expressly reserves the right to rescind the contract on grounds of material error pursuant to § 871 ABGB. In such a case the contract shall be unwound and any purchase price already paid shall be refunded without delay.

§ 04 Refunds and Payment Fees

Cancellation / Return by Agreement

1. In the event of a mutually agreed cancellation or return, the customer shall receive a full refund of the purchase price paid.
2. Payment service provider fees (e.g. from PayPal, the respective marketplace, or other payment service providers used by muxx) shall be borne by the customer.
3. The direct costs of return shipping shall be borne by the customer unless otherwise agreed. These costs may be deducted from the refund amount for the goods.

Cancellation by muxx

4. Should an order be rejected or cancelled by muxx (e.g. owing to unavailability of the goods), muxx shall refund the full purchase price.
5. Payment service provider fees (e.g. from PayPal, the respective marketplace, or other payment service providers used by muxx) shall in this case be borne by muxx, provided that an official invoice or fee statement from the payment service provider is submitted.

§ 05 Delivery and Dispatch

1. Delivery is made exclusively to the delivery address specified by the customer (on the respective marketplace or as communicated in direct sales).
2. The delivery time is as stated in the respective product description or offer.
3. muxx is entitled to make partial deliveries where this is reasonable for the customer.
4. If muxx dispatches the goods, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the carrier (freight forwarder, haulage contractor, or other person entrusted with the dispatch). If handover is effected directly by muxx, the risk passes upon handover to the customer or to a goods recipient designated by the customer.
5. At the customer’s request, muxx assigns to the customer the claims muxx has against the carrier arising from loss of or damage to the goods. The customer must support muxx in asserting such claims, in particular by promptly reporting the damage and providing the necessary evidence.
6. Transport insurance going beyond standard dispatch will only be taken out at the express request and at the expense of the customer.

Additional Delivery Costs in the Event of Failed Delivery

7. If additional delivery costs arise because a consignment has to be re-delivered due to circumstances attributable to the customer (e.g. incorrect or incomplete delivery address, refusal to accept the consignment, unavailability during delivery attempt), these costs shall be borne by the customer.
8. This also applies to return delivery costs arising from an undeliverable consignment due to an incorrect address or refusal of acceptance.

Non-Acceptance of the Consignment

9. If the customer refuses acceptance of the delivery or does not collect a consignment deposited for them, the purchase contract shall be unwound. In this case, the transaction shall be treated as if the customer had withdrawn from the purchase contract; the provisions on cancellation and returns shall apply accordingly.

Obvious Transit Damage

10. If the goods are obviously damaged upon delivery (e.g. severely damaged packaging, visible breakage or moisture damage), the customer is obliged to refuse acceptance of the consignment or to report the damage directly to the delivery person upon delivery and have it documented accordingly.
11. If the customer nevertheless accepts an obviously damaged consignment without noting the damage at the time of delivery or refusing acceptance, muxx may decline liability for resulting damage insofar as the enforcement of claims against the delivery service provider is thereby made impossible or substantially more difficult.
12. Acceptance of an obviously damaged consignment without corresponding damage notation shall be deemed a waiver of claims arising from transit damage.

§ 06 Retention of Title

1. The goods shall remain the property of muxx until full payment has been received.
2. The retention of title applies until all claims arising from the business relationship have been settled in full (current account reservation).

§ 07 Voluntary Right of Return

1. Businesses do not have a statutory right of withdrawal under the Austrian Act on Distance and Off-Premises Contracts (FAGG). However, muxx grants customers the following voluntary right of return:
2. muxx grants customers a voluntary right of return of 14 days from receipt of the goods by the customer or by a goods recipient designated by the customer.
3. For procurement goods — items that muxx does not hold in stock but procures from the respective supplier only upon the customer’s order — the voluntary right of return pursuant to paragraph 2 is excluded. This applies regardless of the sales channel. muxx will expressly inform the customer before the contract is concluded if the item is procurement goods.
4. For goods cut to the customer’s requirements or otherwise personalised (in particular cut-to-length meter goods), the voluntary right of return is likewise excluded.
5. For sealed goods which are not suitable for return due to health protection or hygiene reasons, the voluntary right of return is excluded if their seal has been removed after delivery. This applies in particular to chemical and cleaning products (such as cleaning agents, descaling agents, and disinfectants) whose original seal has been opened.

Return Requirements

6. Any return must be initiated in advance with muxx — in marketplace sales via the relevant marketplace returns function, in direct sales directly with muxx by email or telephone.
7. The customer may only return the goods once muxx has confirmed the return and provided the corresponding return label.
8. Returns without prior notification and without a return label issued by muxx cannot be accepted or processed.
9. Goods returned to muxx without prior notification or confirmation will not be refunded.
10. The return must be sent exclusively to the returns address specified by muxx.
11. The direct costs of return shipping shall be borne by the customer unless otherwise stated.
12. The goods must be returned unused, complete, and in their undamaged original packaging.
13. A return may be refused if these conditions are not met.
14. A refund following a completed return shall be issued no later than 5 working days after receipt and inspection of the returned goods at muxx's returns warehouse.

§ 08 Warranty and Liability

1. Statutory warranty rights apply.
2. The warranty period is 12 months from handover.
3. The customer must inspect the goods immediately upon receipt. Obvious defects must be reported in writing without delay, at the latest within 7 days of delivery (§ 377 UGB); otherwise, the goods shall be deemed approved.
4. muxx is only liable for damage attributable to gross negligence or wilful misconduct.
5. Liability for personal injury and liability under the Product Liability Act remain unaffected.

§ 09 No Advisory Services; Suitability and Proper Installation

1. muxx sells the offered goods but does not provide planning, project design, or advisory services. The selection of ordered items is the customer’s own responsibility.
2. muxx does not warrant that the ordered items are suitable for the customer’s intended purpose. It is the customer’s responsibility to check suitability for their project — if necessary by consulting a specialist company, planner, or other expert — before ordering.
3. Where ordered items require proper assembly, installation, or commissioning (in particular in the areas of sanitary, heating, electrical, and air-conditioning technology), the customer must ensure that these works are carried out by a suitably qualified and — where legally required — authorised specialist company.
4. muxx is not liable for damage resulting from improper selection, planning, assembly, or installation of the goods by the customer or third parties engaged by the customer. Statutory warranty rights remain unaffected.

§ 10 Chemical and Cleaning Products

1. Chemical and cleaning products (in particular cleaning agents, descaling agents, and disinfectants) may only be used, stored, and disposed of as intended and in accordance with the information on the product label and the manufacturer’s instructions. The customer must observe the hazard and safety notices affixed to the packaging.
2. For products classified as hazardous substances or mixtures, muxx shall provide the customer with a safety data sheet pursuant to Art. 31 of Regulation (EC) No 1907/2006 (REACH) free of charge in electronic or paper form, at the latest on the day the goods are first delivered.
3. As a commercial user, the customer is solely responsible for complying with the protective and usage measures set out in the safety data sheet and with the occupational health and safety and waste legislation applicable to its business.

§ 11 Notice on the EU Regulation on Fluorinated Greenhouse Gases (F-Gas Regulation)

1. This information relates to the sale of air conditioning units, heat pumps, refrigeration and freezer appliances, and other products that contain fluorinated greenhouse gases (F-gases) or require the use of such gases.
2. Role of muxx as a retailer: muxx acts as a distributor in accordance with Regulation (EU) No 517/2014. The manufacturer or the party first placing the equipment on the market bears overall responsibility for compliance with the F-Gas Regulation, including: declaration of conformity and CE marking; leak checks and maintenance records; labelling and technical documentation; registration with national registers (where required).
3. Requirements for customers and installers: The customer agrees that installations and maintenance may only be carried out by personnel holding a valid certification pursuant to Annex VIII of the F-Gas Regulation (refrigeration plant technician, electrician, or equivalent qualification); that leak and tightness checks pursuant to Article 4 (paragraph 3) and Annex IV must be carried out and documented at the prescribed intervals; that the person receiving the equipment is responsible for the correct disposal of F-gases in accordance with applicable waste legislation; and that the equipment may only be charged with refrigerants approved by the manufacturer.
4. Exclusion of liability: muxx accepts no liability for improper installation, maintenance, or disposal by the customer or third parties; breach of the F-Gas Regulation by the end user or installer; fines or penalties arising from lack of certification by the installer.
5. Documentation: Customers should retain all maintenance and inspection records and be able to make them available to muxx upon request.

§ 12 Data Protection

1. The processing of personal data is carried out in compliance with the General Data Protection Regulation (GDPR) and applicable national data protection legislation.
2. Further information can be found in muxx's privacy policy, which is accessible via the respective marketplace account or upon request from muxx.

§ 13 Applicable Law and Jurisdiction

1. Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The place of jurisdiction is the court of competent subject-matter jurisdiction at the registered office of muxx (Vienna).

§ 14 Final Provisions

1. Should individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions shall remain unaffected.
2. Amendments or additions to these T&Cs must be made in writing.
3. In the event of conflicts between an individual offer or order confirmation and these T&Cs, the provisions of the individual offer or order confirmation shall prevail.