Status March 2019
Push Brush GmbH, FN 334139g, Dr.-Schober-Straße 32, 1130 Vienna
Offer, conclusion of contract, due date
On the marketplace, the retailer offers its goods as well as services complementary to the purchase of goods (e.g. installation service, disposal, etc.) ("products" for short), which can be viewed and purchased by natural and legal persons ("users" for short).
The contract with the user is concluded at different times depending on the payment method selected. The fee for the respective product is also due for payment at different times. Payment is made in euros. The contract, order and business language is German.
The retailer's product display is an invitation to the user to submit a binding offer to conclude a purchase contract with the retailer for the product listed in the order. The user accepts the retailer's T&Cs by clicking on the corresponding checkbox before completing the order process and submitting a binding contractual declaration.
The order therefore represents a binding offer by the user to the retailer to conclude a purchase contract for the ordered product. Upon receipt of the order, the user receives a message by email to the email address provided by the user, which contains detailed information about the ordered product and the total price including all additional costs (shipping costs, fees) ("order confirmation" for short). The order confirmation is generated in the name of and on behalf of the retailer.
Conclusion of contract for payment by invoice
The order confirmation merely serves to confirm receipt of the order and does not constitute acceptance of the user's binding offer.
The purchase contract for the ordered product is concluded between the retailer and the user upon receipt of a confirmation of shipment of the ordered product to the e-mail address provided by the user (in short "shipment confirmation").
If an order is sent in several partial deliveries, the user will receive a separate shipping confirmation for each partial delivery. In this case, a separate purchase contract is concluded between the user and the retailer of the product listed in the respective shipping confirmation for each shipping confirmation. Status March 2019
Conclusion of contract when paying by credit card, instant bank transfer (direct debit), PayPal or eps
The purchase contract between the user and the retailer is concluded upon receipt of the order confirmation by the user.
As soon as the ordered goods are dispatched, the user receives an automatically generated confirmation that the ordered product has been dispatched to the e-mail address they have provided ("dispatch confirmation" for short).
For goods offered "with a stock > 0" , the following applies: If the ordered goods are not dispatched for delivery within 4 weeks of this order confirmation being sent, the contract shall be deemed to have been terminated and the amount debited or transferred by the user shall be transferred back to the user's account within 10 bank working days.
For goods that appear "in the future" and are therefore not immediately available when the order is placed, the period - for delivery within 4 weeks - begins to run from the indicated expected availability date of the product, whereby the latest indicated availability date is decisive.
In the case of goods marked with a "later availability date" , the period for delivery shall commence within 4 weeks from the indicated, expected availability date of the product, whereby the latest availability date indicated shall be decisive.
If an order is sent in several partial deliveries, the user will receive a separate shipping confirmation for each partial delivery.
Prices
The purchase prices stated for the respective products (prices per item) include statutory VAT and other price components. The purchase price does not include delivery, service and shipping costs.
The delivery and shipping costs are displayed in the shopping cart. The retailer grants free standard shipping by post for orders of products with a value of more than 59.00 euros (= freight-free limit); for product values below this amount, the user will be charged shipping costs of 4.50 euros. If a shipment requires the use of a forwarding agent or if assembly or installation services etc. are associated with the delivery of the product (= services supplementing the purchase of goods), the user shall bear the costs provided for by the retailer in each case. The services supplementing the purchase of goods shall not be taken into account for the above-mentioned freight-free limit.
If orders are delivered in installments at the initiative of the retailer, no additional shipping costs will be charged for subsequent deliveries.
Payment and invoicing
The merchant uses a payment service provider to process payments for transactions carried out via the marketplace. The user hereby declares his express consent to payment processing by the payment service provider on behalf of the merchant.
The available payment methods may be restricted for the purposes of risk management. The user is not entitled to a specific payment method.
In the case of payment "on account", the purchase price and delivery and shipping costs must be transferred within 14 days of receipt of the goods.
When paying by "credit card, instant bank transfer, Paypal or eps", both the purchase price and the delivery and shipping costs invoiced by the retailer are due for payment concurrently with the sending of the order confirmation to the user. The amount will be debited on the due date.
The invoice is issued by the merchant and is enclosed with the delivery in paper form or sent electronically by e-mail to the e-mail address provided by the user or via the user's customer account on the marketplace. If the invoice is received electronically, the user is also entitled to request the invoice in paper form.
Delivery
The products ordered by the user are delivered directly to the user by the retailer. Delivery shall be made to the delivery address specified by the user. Delivery to an address outside the federal territory of the Republic of Austria and the Federal Republic of Germany is excluded.
With the exception of payment "on account", shipping will not be initiated until the payment service provider has confirmed the availability of the purchase price payment and the delivery and shipping costs invoiced by the merchant.
The user acknowledges that all information on the shipment or delivery of a product made available via the marketplace are merely estimates and approximate guide values. They do not constitute binding or guaranteed shipping or delivery dates, unless this has been agreed separately in writing with the retailer.
In the case of a contract of sale with a consumer, the risk of loss of or damage to the goods shall not pass to the consumer until the goods have been delivered to the consumer or to a third party other than the carrier designated by the consumer. However, if the consumer has concluded the contract of carriage himself without making use of a choice proposed by the trader, the risk is already transferred when the goods are handed over to the carrier. Status March 2019
Warranty/disclaimer
The statutory warranty provisions shall apply. Claims for compensation for damages and expenses are excluded, with the exception of personal injury, damages caused intentionally or through gross negligence on our part and product liability claims.
Retention of title
The goods remain our property until full payment has been made.
Declaration of consent to the use of data
You authorize us, Push Brush GmbH, Dr.-Schober-Straße 32, 1130 Vienna, Austria, to electronically store and process the personal data provided by you during the ordering process (in particular name, residential address, telephone number, e-mail, address) for the purposes of shipping, accounting, dunning, customer service, consulting, market observation and optimization of the sales system and advertising measures, as well as for our customer file, and to pass it on to our logistics partner involved in the execution of the order and to the payment service providers according to the payment method you have requested. We do not pass on your data to third parties for advertising purposes. Data will only be passed on to third parties to service providers who are commissioned by us to process the stated purposes of use. By placing your order, you agree that we may send you advertising and service offers for our goods and services by post, e-mail and fax.
to be contacted by e-mail, SMS or telephone. You can revoke this consent at any time by post or at [email protected]. You can also use these addresses to make inquiries about updating, correcting and deleting your personal data, as well as to send any requests for information.
Applicable law
Austrian law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Arbitration board
We recognize the Internet Ombudsman as an out-of-court arbitration body. Internet Ombudsman, Margaretenstr. 70/2/10, 1050 Vienna