Terms and Conditions

As of March 2019

Push Brush GmbH, FN 334139g, Dr.-Schober-Straße 32, 1130 Vienna
Merchant Terms and Conditions
If these Merchant Terms and Conditions conflict with the Terms of Use, the Terms of Use shall take precedence over the Merchant Terms and Conditions.
Offer, Conclusion of Contract, Due Date
On the marketplace, the merchant offers its goods as well as services complementary to the purchase of goods (e.g., installation service, disposal, etc.) (hereinafter “Products”), which may be viewed and purchased by natural persons and legal entities (hereinafter “Users”).
The contract with the User is concluded at different times depending on the selected payment method. Similarly, payment for the respective product becomes due at different times. Invoicing is in euros. The language of the contract, order, and business transactions is German.
The merchant’s product listing constitutes an invitation to the user to submit a binding offer to enter into a purchase contract with the merchant for the product specified in the order. The user accepts the merchant’s Terms and Conditions by clicking the corresponding checkbox before completing the ordering process and thereby submitting their binding declaration of intent to enter into a contract.
The order thus constitutes a binding offer by the user to the merchant to enter into a sales contract for the ordered product. Upon receipt of the order, the user will receive an email at the email address provided, containing detailed information about the ordered product as well as the total price including all additional costs (shipping costs, fees) (hereinafter “Order Confirmation”). The Order Confirmation is generated for the user in the name and on behalf of the merchant.
Conclusion of the Contract When Paying by Invoice
The order confirmation serves solely to confirm receipt of the order and does not yet constitute acceptance of the user’s binding offer.
The sales contract for the ordered product is concluded between the merchant and the user upon receipt of a confirmation of shipment of the ordered product sent to the email address provided by the user (hereinafter “Shipping Confirmation”).
If an order is shipped in multiple partial deliveries, the user will receive a separate shipping confirmation for each partial delivery. In this case, a separate sales contract is concluded between the user and the merchant for the product listed in each respective shipping confirmation. As of March 2019

Conclusion of the Contract When Paying by Credit Card, Sofort – Bank Transfer (Direct Debit), PayPal, or eps
The purchase contract between the user and the merchant is concluded upon the user’s receipt of the order confirmation.
As soon as the ordered goods are shipped, the user will receive an automatically generated confirmation of the shipment of the ordered product at the email address provided by the user (hereinafter “Shipping Confirmation”).
For goods listed as having “stock > 0,” the following applies: If the ordered goods are not shipped for delivery within 4 weeks of the dispatch of this order confirmation, the contract is deemed terminated, and the amount debited or transferred by the user will be refunded to the user’s account within 10 banking days.
For products listed as “coming soon” and therefore not immediately available at the time of order, the 4-week delivery period begins on the displayed estimated availability date of the product, with the latest specified availability date being decisive.
For goods marked with a “later availability date,” the 4-week delivery period begins on the displayed estimated availability date of the product, with the latest specified availability date being the determining factor.
If an order is shipped in multiple partial deliveries, the user will receive a separate shipping confirmation for each partial delivery.
Prices
The purchase prices listed for the respective products (prices per item) include the statutory value-added tax as well as other price components. The purchase price does not include delivery, service, and shipping costs.
Delivery and shipping costs are displayed in the shopping cart. The merchant offers free standard shipping via mail for orders of products with a total value exceeding 59.00 euros (= free shipping threshold); for orders below this amount, the user will be charged a shipping fee of 4.50 euros. If shipping requires the use of a freight forwarder or if the delivery of the product involves assembly or installation services, etc. (= services supplementary to the purchase of goods), the user must bear the costs specified by the merchant for such services. Services supplementary to the purchase of goods are not taken into account for the free shipping threshold mentioned above.
If, at the retailer’s discretion, orders are delivered in partial shipments, no additional shipping costs will be charged for subsequent deliveries. As of March 2019.

Payment and Billing
The merchant uses a payment service provider to process payments for transactions conducted through the marketplace. The user hereby expressly consents to the payment service provider processing payments on behalf of the merchant.
The available payment methods may be restricted for risk management purposes. The user has no right to a specific payment method.
For “invoice” payments, the purchase price and delivery and shipping costs must be paid within 14 days of receiving the goods.
When paying by “credit card, Sofort Überweisung, PayPal, or eps,” both the purchase price and the delivery and shipping costs invoiced by the merchant are due for payment upon sending the order confirmation to the user. The amount will be debited on the due date.
The merchant issues the invoice, which is included with the delivery in paper form or sent electronically via email to the email address provided by the user or via the user’s customer account on the marketplace. If the invoice is received electronically, the user is entitled to request a paper copy of the invoice.
Delivery
The products ordered by the user are delivered directly by the merchant to the user. Delivery is made to the shipping address provided by the user. Delivery to an address outside the territory of the Republic of Austria and the Federal Republic of Germany is not permitted.
Shipping will not be initiated—except in the case of payment “on account”—until confirmation is received from the payment service provider regarding the availability of payment for the purchase price as well as the delivery and shipping costs invoiced by the merchant.
The user acknowledges that all information regarding the shipping or delivery of a product provided via the marketplace is merely estimated and approximate. It does not constitute binding or guaranteed shipping or delivery dates, unless this has been separately agreed upon in writing with the merchant.
In a sales contract with a consumer, the risk of loss or damage to the goods is not transferred to the consumer until the goods are delivered to the consumer or to a third party designated by the consumer who is not the carrier. However, if the consumer has concluded the contract of carriage themselves without utilizing an option proposed by the merchant, the risk passes as soon as the goods are handed over to the carrier. As of March 2019

Warranty/Disclaimer
The statutory warranty provisions apply. Claims for compensation for damages and expenses are excluded, with the exception of personal injury, damages caused by us intentionally or through gross negligence, and product liability claims.
Retention of Title
The goods remain our property until full payment has been made.
Declaration of Consent to Data Use
By placing your order, you authorize us, Push Brush GmbH, Dr.-Schober-Straße 32, 1130 Vienna, Austria, to use the personal data you provided during the ordering process (such as, in particular, your name, home address, phone number, email, and address) for the purposes of shipping, accounting, debt collection, customer service, and consultation, as well as for market research and the optimization of our sales system and advertising measures, and to include them in our customer database. We also authorize you to share this data with our logistics partners involved in fulfilling your order and with the payment service providers corresponding to your chosen payment method. We do not share your data with third parties for advertising purposes. Data is only shared with third-party service providers whom we have commissioned to carry out the aforementioned purposes. By placing your order, you agree to be contacted by us via mail, email, text message, or telephone to receive advertising and service offers for our products and services. You may revoke this consent at any time by mail or by contacting us at office@pushbrush.com. You may also use these addresses to submit requests regarding the accuracy, correction, and deletion of your personal data, as well as any requests for information.
Applicable Law
Austrian law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Arbitration Body
We recognize the Internet Ombudsman as an out-of-court arbitration body. Internet Ombudsman, Margaretenstr. 70/2/10, 1050 Vienna