General terms & conditions
SnS Commerce GmbH
Managing directors: Lukas Schütz, Michael Serafin
Tel.: +43 (0) 1512 / 18 62
Company registration number: FN 477826 k
Commercial court of registry: Commercial Court of Vienna
The European Commision provides a platform for online dispute settlement, which you can find at the following link: http://ec.europa.eu/consumers/odr/
In case of a dispute about a consumer contract, we do not participate in a dispute settlement process before a consumer arbitration board, as we are not obligated to do so.
- Conclusion of contract
- Right of cancellation
- Price and price components
- Retention of title
- Risk, delivery- and shipment conditions
- Liability and warranty
1.1 When the customer clicks the T&C control box during ordering, and the related consent statement, with the following general terms and conditions repeated below, which can be viewed and saved by the customer at any time, these become a part of the contract of the applicable transaction between SnS Commerce GmbH (hereafter called "seller") and the customer.
General Terms and Conditions of the purchaser or customer which conflict or deviate from the following conditions shall not apply.
1.2 Deviating agreements of the purchaser or customer shall only become a component of the contract insofar as the seller has agreed thereto.
1.3 Customers, in the scope of this T&C, can be consumers or businesses. A consumer is any natural person who conducts a transaction for purposes which predominantly can be attributed to neither their commercial nor independent professional activity.
A business is any natural or legal person or partnership which conducts a transaction in exercise of their commercial or independent activity.
2.1 The product descriptions contained in the seller’s online shop are non-binding and do not constitute a binding offer, but rather serve the customer only as an illustration and invitation to bid on a legally enforceable purchase offer.
2.2 The customer can submit the offer in writing, via email, or through the online order form integrated in the seller’s online shop.
For an online purchase, the customer the desired item by clicking the button "in shopping cart". The contents of the shopping cart can be displayed in an overview by clicking on the bag symbol located at the top of the page.
In this overview the customer can remove individual, or all, items from the shopping cart by clicking the minus symbol shown under the item. Alternatively, the customer can cancel the ordering process by clicking the "back" button on the browser, or closing the browser window. In either case, an order will not be completed.
During the ordering process until the final, binding confirmation (see below), the customer can cancel the order by closing the browser or clicking "back", as previously described.
If the customer wishes to continue with the order as selected, they click the button "Order Now". Now the customer can either log in, order as a guest, or register for an account. In the last two cases the customer does not enter address information. In order to register, the customer must give consent to saving information by selecting the corresponding box. By clicking again on the "next" button, the customer chooses shipping and payment methods. Finally, the customer sees an overview of the data entered and the essential order information. At this point the customer can make any final changes by clicking the "change" link displayed and making any necessary changes. Here also, the customer can abandon the order by closing the browser window or clicking the browser’s "back" button to return to the previous screen.
If the customer is satisfied with the order, they click the button "Place order now". By clicking this button, the customer is submitting a binding offer to complete the purchase.
Instead of the button "order now", the customer can also click on the button "PayPal" and will then be redirected to the PayPal website for express checkout. There he must enter his access data. By authorizing the payment, the customer makes a binding offer to conclude a purchase contract.
The seller first electronically sends the customer a confirmation of receipt of the order ("order confirmation"). A sales contract is not completed until a shipment confirmation is transmitted thereafter in writing by the seller, regardless of any previously sent order confirmation. The seller can accept the binding offer by the customer within two days. Express acceptance is also given via a shipment confirmation, if the seller ships the goods ordered within this period. The seller may decline the order, e.g. after checking the customer’s credit.
When ordering via email, the customer gives a binding offer by transmitting the email to the seller. If accepted, the offer will be replied to in the same way by the seller (order confirmation). A sales contract is not completed until the order confirmation is received; delivery of goods also constitutes acceptance.
Regardless of the method the customer selects for the offer, the seller may accept the offer within two days by sending confirmation or shipping the order.
2.3 The text of the contract (consisting of the order data and T&C, including cancellation terms) will be sent to the customer with the order confirmation.
The customer must verify that the email address the provide when ordering is correct, so that any emails sent from the seller can be received at this address. In particular, when using spam filters the customer must ensure that all emails pertaining to their order, sent either by the sender or their order processing agent(s), can be delivered.
The most up-to-date version of the T&C is continuously updated on the seller’s website and is viewable by the customer. The order data is typically not shown and is not viewable by the customer at a later time.
Thus, the customer should take care to save the order data. The customer can only view their order history in their customer account if they log in with their customer data before ordering.
These contract terms can be printed using the Print function on the browser or saved on the computer with the "Save page" function.
2.4 If the customer is a business, our obligation is subject to correct and punctual delivery by our suppliers. The seller shall inform the business customer of any undeliverable item, and in case of withdrawal, immediately refund the respective payment.
2.5 Subsequent changes to data can be communicated by the seller via email or phone. However, the subsequent changes to the order have no effect for the customer on the validity and binding effect of the offer sent.
2.6 All products are sold only in customary quantities. This pertains to the number of products ordered in an order, as well as to several orders of the same product, in which the individual orders comprise a customary household quantity.
2.7 The contract terms are available only in the English and German language.
Consumers (for definition see section 1.3 of the T&C) have a right of cancellation, pursuant to distance contract law.
As a consumer you have the right to cancel your contract declaration according to the following guidelines:
Right of cancellation
You have a right to cancel this contract within 14 days without providing a reason.
The cancellation period extends 14 days from the day on which you or a designated third party who is not the carrier takes possession of the goods.
To exercise your right of cancellation, you must inform us:
SnS Commerce GmbH
Managing Directors: Lukas Schütz, Michael Serafin
Tel.: +43 (0) 1512 / 18 62
by means of a clear declaration (e.g. a letter by mail or email) of your decision to cancel this contract. For this you can use the included sample cancellation form, although this is not mandatory.
To comply with the cancellation period, it is sufficient that you send your declaration of your exercise of the right of cancellation before the expiry of the cancellation period.
Effects of cancellation
If you cancel this contract, we must reimburse to you all payments which we have received from you, including delivery costs (with the exception of additional costs which arise from you selecting another method of delivery than the lowest-cost standard delivery we offer), immediately and at the latest within 14 days from the day on which we receive your declaration of your cancellation of this contract. For this reimbursement we use the same method of payment that you used for the original transaction, unless you expressly agree otherwise; in no case will you be assessed any fees for this reimbursement.
We may refuse to provide reimbursement until we have received the goods or until you provide proof that the goods have been sent back, whichever occurs first.
In any case, you must send the goods back to us within 14 days, starting from the day on which you notify us of your cancellation of this contract. The deadline is considered to be met if you send back the goods before the expiry of the 14-day period.
You shall bear the direct costs of returning the goods.
You are responsible for any loss in the value of goods only if this loss in value, upon inspection of the condition, characteristics, and functionality of the goods, can be attributed to unnecessary handling.
-End of cancellation policy-
Sample cancellation form
(If you wish to cancel the contract, please complete this form and send it back to us.)
SnS Commerce GmbH
Managing directors: Lukas Schütz, Michael Serafin
- I/we hereby cancel (*) the contract initiated by me/us (*) for the purchase of the following goods (*)/ for provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the purchaser
- Address of the purchaser
- Signature of the purchaser (only when submitting on paper)
(*) cross out anything not applicable
4.1 All quoted prices are in EUR (€) and include required VAT. You can see the amount of VAT in the country table which you can find at the following link: http://pushpills.com/pages/tax. The prices listed are total prices. Cash and other discounts are not honored unless expressly specified in the offer.
4.2 Packaging, freight, postage, and delivery costs at the time of ordering are not included in the price. You can see these costs in the shipping cost table which you can find at the following link: http://pushpills.com/pages/tax
4.3 Payment methods are communicated to the customer when ordering (in the item description). Only the payment methods specified in the offer are accepted. These are: PayPal, credit card, or instant transfer.
4.4 If an advance payment is agreed to, the customer is obligated to remit the sales price along with any shipping costs within 10 days after receiving the payment advice. After this period, payment will be considered overdue at the expense of the customer, even without further payment notices.
The goods delivered remain the property of the seller until complete payment is received.
6.1 If not otherwise agreed to by the customer, the goods purchased will be shipped by the specified shipping method to the shipping address given by the customer. The customer may pick up the goods personally only with prior confirmation by the seller.
6.2 The items purchased will be shipped by the seller within two business days. Delivery time may be 3-4 business days if the shipping table does not indicate otherwise. You can find the shipping table at the following link: http://pushpills.com/pages/tax
6.3 For businesses, the risk of incidental loss/destruction and incidental deterioration of goods during transfer, and with mail order purchases during the transfer of goods to the contracted forwarding or logistics company, is passed to the buyer.
6.4 If the customer is a consumer, there is a risk of incidental loss/destruction and incidental deterioration of purchased goods during transfer of goods to the consumer or to a receiver they designate. This also holds for a sales shipment.
7.1 Liability and warranty comply with legal provisions. In the case of a defect or deficiency the customer is entitled to a supplementary performance claim pursuant to §§ 437 no. 1, 439 BGB, if the legal requirements are met. The rights of the buyer from § 437 no. 2 and no. 3 BGB are hereby not affected.
7.2 With businesses, the seller reserves the right to choose to fulfill the warranty through repair or replacement. The rights of the buyer from § 437 no. 2 and no. 3 BGB are hereby not affected.
The copying or use of photos, graphics, and text is permitted only with written permission from the seller. The seller may pursue legal action in cases of copyright violation.
We maintain, by means of the applicable form, an influencer database on our website. If you register there, you simultaneously confer unrestricted, irrevocable usage rights in terms of time, space, and content for the images which you post on social media platforms in connection with our products. We may use these images, while indicating your name, in any way, in any media (printed as well as digital media, including the internet). Particularly granted are the unlimited
- Right of reproduction
- Right of distribution
- Right of public access
- Online and retrieval rights
- Right to communicate to the public
- Right to modify
- Right to print
- Right to advertise
- Merchandising rights.
You forfeit any compensation by us for the exercise of the above-named usage rights.
- Data storage / data privacy
If you enter into a distance contract with us, for instance by shopping in our online shop, data processing is done pursuant to Art. 6 Sect. 1 p. 1 lit. b DSGVO. In addition, we have a legitimate interest in a credit check, pursuant to Art. 6 Sect. 1 p. 1 lit. f DSGVO. The data you provide during registration or in the scope of the conclusion of the contract - particularly your name, address, and email address - are necessary for the fulfillment and settlement of the contract. The contract cannot be fulfilled without this data. You are expressly referred to Art. 13 Sect. 2 lit. e DSGVO. The data is also provided to third parties if absolutely necessary (e.g. to shipping services).
The registration data is saved as long as your account exists. If your account is deleted, the account data is also deleted.
During the ordering process, your personally identifiable data is transmitted via the internet using SSL encryption. The website and other systems are secured by means of technical and organizational measures against loss, destruction, access, alteration, or dissemination of data by unauthorized persons.
The contract text is stored, and the order data and T&C are sent to the customer via email. Whoever registers as a customer can view their past orders in the customer login area.
Your data regarding the conclusion of a contract is stored until the end of the limitation periods. In this respect, storage of your data is based on Art. 6 Sect. 1 p. 1 lit. b DSGVO. Also, the duration of storage of your data conforms to our retention requirements based on commercial and tax law. In this case, storage of your data is based on Art. 6 Sect. 1 p. 2 lit. c DSGVO. If the data is no longer necessary for the purposes listed above, it is deleted immediately.
Rights of affected parties
- Applicable law and jurisdiction
The laws of the Federal Republic of Germany shall apply. The UN Sales Convention shall not apply. This choice of law does not apply for consumers if the protection provided is withdrawn due to compulsory regulations of the country in which the consumer maintains their primary residence.
- Severability clause
If individual conditions of this contract, including this General Terms & Conditions, are found wholly or in part to be or become unenforceable, the validity of the remaining conditions shall not be affected.