fbpx
0

Total 0,00 €

 x 

Recently added item(s)

  1. Your shopping cart is empty!

Terms and Conditions

 

§ 1 Scope

(1) The following terms and conditions form an integral part of every contract between Pure Green GmbH, Gewerbepark 17, 6426 Roppen, Austria, represented by its managing director Mr. Mag. Werner Murr, with its headquarters there (in the following: Pure Green) and the customer.

(2) Pure Green provides its services exclusively on the basis of these terms and conditions.

 

§ 2 Conclusion of Contract

(1) The presentation of the goods, especially on the Internet, does not constitute a binding offer by Pure Green.

(2) The customer can choose from the offer arbitrarily and add products to the basket by means of the correspondent button "ADD TO CART" or remove them from the shopping cart by means of "REMOVE". The customer can empty the shopping cart at any time by selecting to the wastebasket symbol (with the information "delete product from shopping cart") or by changing the number of selected products to "0" and then updating the cart by selecting the button "UPDATE QUANTITY IN SHOPPING CART". The changes can be made using the mouse and keyboard. By clicking on the "CHECKOUT" button, the customer is redirected to a page where he/she can register as a customer, provided that he/she does not have any access data or the person can log in as an existing customer. To create a new account, a user name and password as well as the correspondent contact details are entered. After registration and confirmation of the delivery address, the order process is completed by pressing the button "CONFIRM PURCHASE". By submitting the order, the customer enters a binding offer to purchase the goods in the shopping cart and accepts these terms and conditions. The receipt of the order will be displayed to the customer immediately after completion of the order process.

We store your order and the order data you entered.

(3) The customer will be informed about the receipt of the order via email. This is not a binding acceptance of the order. The contract is only concluded with the dispatch of a separate delivery confirmation via e-mail or with shipment of the goods.

(4) The language used for the conclusion and execution of this contract is the German language.

 

§ 3 Privacy Policy

(1) Personal data is only collected if the customer voluntarily provides it during the ordering or registration process. By completing and submitting a Web Form for order purposes, the customer submits personal data to Pure Green.

(2) Pure Green uses the data provided by the customer (title, name, address, e-mail address, telephone number, fax number, bank details) in accordance with the regulations of the applicable data protection law. In that regard, Pure Green exclusively collects, stores and processes data provided by the customer within the scope of the information in the web form and, in particular, does not create user behavior profiles.

(3) For the purpose of the performance of the contract, namely the delivery, the customer’s personal data shall be forwarded to the freight forwarder, insofar as this is necessary for the delivery of the goods. The freight forwarder is also obliged to use the customer’s personal data only in accordance with the regulations of the applicable data protection law.

(4) Under the applicable Data Protection Act, the customer has the right to free of charge information about his/her stored data and, if necessary, a right to correction, inhibition or deletion of this data. Corresponding requests for information can be forwarded to the e-mail address This email address is being protected from spambots. You need JavaScript enabled to view it.. Insofar as the personal data stored on the customer is incorrect, an adjustment shall be made immediately upon the customer’s notification.

(5) Beyond the aforementioned privacy policy, all customers’ personal data transmitted to Pure Green will not be made accessible to third parties without a customer’s separate written consent, unless this must be done due to a legal or official order.

(6) This privacy policy can be viewed and retrieved at any time on Pure Green’s website.

 

§ 4 Delivery Terms / Delivery Costs

(1) Unless otherwise agreed in writing, delivery shall be ex stock. If the customer is the consumer, the shipping risk is exclusively carried by pure green. On the other hand, if the customer is a business operator, the risk is transferred to the customer as soon as Pure Green has delivered the goods to the freight forwarding agent or the other person or institution responsible for carrying out the shipment.

(2) The delivery takes place within 5 working days, whereby working days are to be regarded as Monday to Friday, with the exception of public holidays. The delivery period begins with the conclusion of the contract.

(3) You can view the delivery or shipping costs as well as the countries to which Pure Green supplies, here.

 

§ 5 Terms of Payment

(1) The granted payment methods (PayPal, bank transfer) can be viewed here. When paying via the payment method "Payment via PayPal", a payment is assigned to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg („PayPal“). The data required for payment processing will be transmitted to PayPal. For the purpose of its own credit assessment, PayPal transmits data to credit agencies and in return receives information as well as, if necessary, solvency information based on mathematical-statistical procedures (probability or score values), in which’s calculation, inter alia, address data is included. By selecting the payment method mentioned, the customer agrees to the transmission of the data to PayPal and the execution of credit assessments. Detailed information on this and the credit agencies used can be found in PayPal's privacy policy, which you can access here.

(2) All prices are to be understood inclusive of statutory value added tax.

(3) All shipping costs, in particular packaging, transport costs, transport insurance and deliveries are made, unless otherwise agreed, at the expense of the customer, see § 4 (3).

(4) Orders from first customers exceeding EUR 250 can only be paid in advance.

(5) In the event of a customer’s default of payment, even in the event of non-culpable late payment, the customer agrees  to pay the accrued reminder fees, as well as the interest at 12.5% p. a. Subsequently, a collection agency is charged with the debt collection.

In addition to the above-mentioned costs, all costs incurred by the collection agency and charged to us, which’s maximum amount of costs results from the ordinance on the maximum rates for debt collection agencies (BGBl No. 141/96), shall be carried by the customer culpably in default of payment, provided that these costs are reasonable and necessary for proper prosecution.

The payments are credited first to interest and costs.

The customer is hereby expressly informed that in case of a default of payment to Pure Green, the name (including former name), gender, address, occupation, open balance and dunning data in accordance with § 8 Abs 3 DSG 2000 will be transmitted to the trade credit data base (“Warenkreditevidenz”) as well as agencies entitled to debt collection.

 

§ 6 Retention of Title

The goods remain within the property of Pure Green until full payment has been received.

 

§ 7 Warranty

(1) With regard to the warranty, the legal provisions apply unless otherwise agreed in § 7 (2) to (3).

(2) The warranty period is 24 months and begins with the delivery of the purchased item, if the customer is the consumer.

(3) If the customer is a business operator, the warranty period is 12 months from the delivery of the goods. The statute of limitations for claims for damages in case of injury to life, body, health, which are based on a willful or negligent breach of duty by the seller or a willful or negligent breach of duty of a legal representative or vicarious agent of Pure Green, remains unaffected. Furthermore, the statute of limitations for claims for damages for other damages, which are based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of pure green, remains unaffected. If Pure Green itself negligently breaches an essential contractual obligation, the statute of limitation for claims for damages also remains unaffected. Significant contractual obligations are obligations that are imposed in Pure Green’s contract, in order to properly execute the contract, whose fulfillment makes the implementation of the contract possible in the first place and to whose compliance the customer may regularly rely on (e.g. delivery of goods and ownership of goods).

(4) The customer, who is an business operator, has to examine the goods immediately after delivery by Pure Green, insofar as this is possible in the ordinary course of business, and, to notify Pure Green immediately if a defect is detected. If the customer omits the notification, the goods shall be deemed to have been approved unless it is a defect that was not apparent during the inspection. If such a deficiency arises later, the notification must be made immediately after the discovery. Otherwise, the goods are also considered to be approved in view of this defect. To keep the rights of the customer, the timely dispatch of the notification is sufficient. If Pure Green has maliciously concealed the defect, it can not invoke these rules.

 

§ 8 Cancellation Policy

 

Right of Withdrawal

You as a consumer have the right to withdraw from this contract within fourteen days without giving any reason.

The period is fourteen days from the day on which you or a third party in you name, who is not a carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us

 

Pure Green GmbH

Gewerbepark 17 │ 6426 Roppen │ Austria

T: +43 5417 20127 │ F: +43 5417 20127-30 

UID: ATU31165100│ Firmenbuchnummer: FN54393s

 

by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached withdrawal form, which is not required.

To meet the deadline, it is sufficient for you to send the notice of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the cancellation

If you withdraw from this contract, we have to return all payments we have received from you, including delivery charges (except for the additional costs arising from you choosing a different delivery method than the most favorable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us.

For this repayment we will use the same means of payment as you used in the original transaction, unless otherwise agreed with you. You will in no case you be charged any fees for this repayment process. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier point of time.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the immediate costs of returning the goods.

You only have to pay for any loss of value of the goods, if this loss of value is resulting from your handling other than to what is necessary to ascertain the nature, scope and functioning of the goods.

 

Exemplary Withdrawal Form

(If you want to cancel the contract, please fill out this form and send it back)

 

- To (Name, Address, Fax, E-mail)

- I / we* hereby revoke the contract concluded by me / us for the purchase of the following goods* / the provision of the following service*

- Ordered on*) / received on*

- Name of consumer (s)

- Address of consumer (s)

- Signature of consumer (s) (only when notified on paper)

- Date

 

-----

* Delete as appropriate

 

§ 9 Limitation of Liability

(1) Pure Green is liable only for damage resulting from intentional or grossly negligent behavior, with the exception of injury to life, limb and health. This also applies to indirect consequential damages, such as lost profits in particular.

(2) The liability shall be limited, except for intentional or grossly negligent behavior or for damages resulting from injury to life, limb and health, to the typically foreseeable damage at the conclusion of the contract and otherwise to the amount of the average damages typical for the contract. This also applies to indirect consequential damages, such as lost profits in particular.

(3) The limitation of liability of paragraphs 1 and 2 shall apply mutatis mutandis in favor of Pure Green’s employees and vicarious agents.

(4) Claims for liability under the Product Liability Act remain unaffected.

 

§ 10 Information on Online Dispute Resolution

The European Commission has established an internet platform for online dispute resolution on 15.02.2016. It aims to enable consumers and merchants to settle disputes relating to online sales contracts or online service contracts easily, efficiently, quickly and out of court. The platform can be reached via the page http://ec.europa.eu/consumers/odr.

(2) Place of performance is Pure Green's registered office, if the customer is a business operator.

(3) For any disputes arising from this contract, the court administering the commercial jurisdiction in Innsbruck is responsible, provided that the customer is a business operator.

 

§ 11 Final Provisions

(1) The law of the Federal Republic of Austria applies, excluding the UN Sales Convention. Consumers who are habitually resident abroad may also rely on the law of the country in which they reside, regardless of the specific choice of law.

(2) Place of performance is t Pure Green’s registered office, if the customer is a business operator.

(3) For any disputes arising from this contract, the court administering the commercial jurisdiction in Innsbruck is responsible, provided that the customer is a business operator.

PURE GREEN