Terms and Conditions

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Applicable Law
Alternative Dispute Resolution

1) Scope of Application 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Brass Innovations GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller relating to the goods and/or services presented in the Seller's online shop. Any terms and conditions of the Customer are hereby rejected unless otherwise agreed.

1.2 These GTC shall also apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content unless otherwise regulated. Digital content within the meaning of these GTC refers to data created and provided in digital form.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract 2.1 The product descriptions in the Seller's online shop do not constitute binding offers but serve to submit a binding offer by the Customer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Alternatively, the Customer can also submit the offer to the Seller by email, post, or telephone.

2.3 The Seller may accept the Customer's offer within five days by:

sending a written order confirmation or order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive;
delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive; or
requesting payment from the Customer after placing the order.

If several of the above alternatives apply, the contract shall be concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within this period, this shall be deemed a rejection, and the Customer shall no longer be bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment process is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a PayPal payment option during the online order process, the Seller declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the order process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after submitting the order together with these GTC. Additionally, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account, provided the Customer created an account before submitting their order.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognizing input errors may be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 The language available for the conclusion of the contract is German.

2.8 Order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller can be delivered.

3) Right of Withdrawal 3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Detailed information on the right of withdrawal is provided in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address is outside the European Union.

4) Prices and Payment Terms 4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including the statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which must be borne by the Customer (e.g., fees for money transfers, exchange rate fees, or import duties).

4.3 The Customer has various payment options available, which are indicated at the start of the ordering process in the Seller’s online shop.

4.4 If a payment method offered via "PayPal" is selected, the payment process is carried out via PayPal, which may use the services of third-party payment providers. If the Seller offers payment methods involving prepayment (e.g., purchase on account or installment payment), the Seller assigns the payment claim to PayPal or the payment provider named to the Customer. PayPal or the provider conducts a credit check using the provided data. The Seller may refuse the selected payment method if the result is negative. If accepted, the Customer must pay within the agreed period and only to PayPal or the designated provider. The Seller remains responsible for general customer inquiries (e.g., goods, delivery, returns, complaints, cancellations).

5) Delivery and Shipping Conditions 5.1 Goods are delivered by shipping to the delivery address provided by the Customer unless otherwise agreed. The delivery address specified during the order process is decisive.

5.2 If the transport company returns the goods due to unsuccessful delivery, the Customer bears the costs of the failed shipment unless the Customer is not responsible or was temporarily unable to accept the service. This does not apply to costs for the initial shipment if the right of withdrawal is exercised. Return costs under withdrawal are governed by the Seller’s withdrawal policy.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of Title If the Seller delivers in advance, ownership of the delivered goods remains with the Seller until full payment of the owed purchase price and any associated costs and fees is received.

7) Liability for Defects (Warranty) Unless otherwise specified, statutory warranty rights apply. For contracts involving delivery of goods:

7.1 If the Customer is an entrepreneur:

the Seller may choose the type of subsequent performance;
the limitation period for defect claims is one year for new goods;
defect rights are excluded for used goods;
limitation does not restart upon replacement delivery.

7.2 The above limitations do not apply:

to claims for damages or reimbursement of expenses;
if the Seller fraudulently conceals a defect;
to goods used in buildings that cause defects;
to the obligation to provide updates for digital products.

7.3 Statutory limitation periods for recourse claims remain unaffected for entrepreneurs.

7.4 If both parties are entrepreneurs under § 343(2) AT-UGB, the Customer must comply with inspection and notification duties under § 377 AT-UGB. Failure to notify results in deemed approval.

7.5 If the Customer is a consumer, they are asked to report obvious transport damage to the deliverer and notify the Seller. Failure to do so has no effect on legal or contractual warranty claims.

8) Applicable Law 8.1 All legal relationships are governed by Austrian law, excluding international sales law. For consumers, this applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer resides.

8.2 This choice of law does not apply to consumers who, at the time of contract conclusion, are not EU residents and whose sole residence and delivery address is outside the EU.

9) Alternative Dispute Resolution The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.