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 consumers within the meaning of § 1 KSchG. These T&Cs apply exclusively to consumer transactions in the context of marketplace and direct sales.
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 consumer protection provisions and the marketplace operator’s rules governing the technical ordering process shall prevail.
5. If a customer orders goods in a quantity or composition that clearly exceeds the usual needs of a private household, muxx is entitled, before concluding the contract, to require a VAT identification number, a company name, or a declaration of the intended use in order to determine the correct classification as a consumer or business transaction. Classification is based on the objective circumstances of the individual case, irrespective of any self-description chosen by the customer.

§ 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.
7. The statutory rights of customers remain unaffected.

§ 04 Refunds and Payment Fees

Withdrawal / Return by the Customer

1. In the event of a withdrawal 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. The risk of accidental loss or accidental deterioration of the goods passes upon handover to the customer or to a third party designated by the customer who is not the carrier (goods recipient).

Additional Delivery Costs in the Event of Failed Delivery

5. 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.
6. 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

7. 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.
8. The voluntary right of return does not affect the statutory right of withdrawal of customers.

Obvious Transit Damage

9. 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.
10. 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.
11. The statutory warranty rights of customers remain unaffected.

§ 06 Retention of Title

1. The goods shall remain the property of muxx until full payment has been received.

§ 07 Right of Withdrawal and Voluntary Right of Return for Customers

Right of Withdrawal

1. For distance contracts (contracts concluded exclusively by means of distance communication such as telephone or email), customers have a statutory right of withdrawal under the Austrian Act on Distance and Off-Premises Contracts (FAGG).
2. In marketplace sales, the withdrawal notice and the model withdrawal form are made available as part of the ordering process of the respective marketplace.
3. For so-called procurement goods — items that muxx does not hold in stock but procures from the respective supplier only upon the customer’s order — the customer’s statutory right of withdrawal remains unaffected, regardless of whether the order is placed via a marketplace or in direct sales. muxx will expressly inform the customer before the contract is concluded if the item is procurement goods. In the event of an effective withdrawal, the provisions of these T&Cs or of the respective marketplace concerning the right of withdrawal apply without restriction; muxx reserves the right to claim appropriate compensation for diminished value in the case of opened, assembled, or evidently used procurement goods, provided the diminution in value is due to handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
4. The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive, or which are clearly tailored to the personal needs of the customer (§ 18 para. 1 no. 3 FAGG), in particular meter goods cut to the customer’s requirements. This applies regardless of the sales channel. In such cases, the customer will be expressly informed before the contract is concluded (in the offer or in the respective product description on the marketplace) that no right of withdrawal applies to the affected item.
5. The right of withdrawal also does not apply to contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery (§ 18 para. 1 no. 5 FAGG). This applies in particular to chemical and cleaning products (such as cleaning agents, descaling agents, and disinfectants) whose original seal has been opened. The customer will also be expressly informed of this before the contract is concluded.

Right of Withdrawal in Direct Sales

6. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party nominated by you, who is not the carrier, took possession of the goods.
7. To exercise your right of withdrawal, you must inform muxx.io FlexCo, Towerstraße 3 / VAC 5, 1300 Vienna Airport, Austria, email: info@muxx.io, by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the model withdrawal form attached below, but this is not mandatory.
8. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
9. In the event of an effective withdrawal, muxx shall refund all payments received from the customer, including delivery costs (with the exception of additional costs arising from the customer’s choice of a type of delivery other than the least expensive standard delivery offered by muxx), without delay and at the latest within fourteen days from the day on which muxx received the withdrawal notice. The refund shall be made using the same means of payment as used in the original transaction, unless expressly agreed otherwise. muxx may withhold the refund until it has received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earlier. The goods must be returned without delay and at the latest within fourteen days of the withdrawal notice. The direct costs of return shipping shall be borne by the customer. The customer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
10. The model withdrawal form is attached to these T&Cs as an annex or is sent separately to the customer together with the offer or order confirmation in direct sales.

Return when Exercising the Statutory Right of Withdrawal

11. To speed up processing, muxx asks the customer to notify the withdrawal in advance — in marketplace sales via the relevant marketplace returns function, in direct sales by email or telephone. In that case muxx will provide the customer with a return label and the returns address.
12. This advance notice is a service and is not a prerequisite for the validity of the withdrawal or for the refund. Withdrawal may be effected informally by clear declaration; return and refund are governed exclusively by the foregoing provisions on the right of withdrawal. The following requirements apply exclusively to the voluntary right of return.

Voluntary Right of Return

13. Independently of the statutory right of withdrawal, muxx grants all 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.
14. This voluntary right of return does not apply to goods cut to the customer’s requirements or otherwise personalised (in particular cut-to-length meter goods).

Requirements for Return under the Voluntary Right of Return

15. 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.
16. The customer may only return the goods once muxx has confirmed the return and provided the corresponding return label.
17. Returns without prior notification and without a return label issued by muxx cannot be accepted or processed.
18. Goods returned to muxx without prior notification or confirmation will not be refunded.
19. The return must be sent exclusively to the returns address specified by muxx.
20. The direct costs of return shipping shall be borne by the customer unless otherwise stated.
21. The goods must be returned unused, complete, and in their undamaged original packaging.
22. A return may be refused if these conditions are not met.
23. 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. muxx is liable for damage attributable to gross negligence or wilful misconduct.
3. In the event of slight negligence, muxx is only liable for breach of essential contractual obligations the performance of which is a prerequisite for the proper performance of the contract and on which the customer may regularly rely. In that case, liability is limited to the foreseeable damage typical of the contract at the time the contract was concluded.
4. 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 and keep the products out of the reach of children.
2. For products classified as hazardous mixtures, the packaging contains the information required for safe handling. A safety data sheet pursuant to Art. 31 of Regulation (EC) No 1907/2006 (REACH) will be provided free of charge upon request.

§ 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 Out-of-Court Dispute Resolution

1. muxx is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Customers may nonetheless contact the consumer arbitration board competent for their country of residence in the event of disputes; an overview of recognised arbitration boards is available on the website of the European Commission (consumer-redress.ec.europa.eu).

§ 13 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.

§ 14 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. For customers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

§ 15 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.

§ 16 Annex: Model Withdrawal Form