These Terms and Conditions apply exclusively to customers located within the US and Canada. The customer accessing or using the Website indicates that he has read, understand and agreed to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations.
1.1. The following General Terms and Conditions (hereinafter referred to simply as "terms" or “T&C”) apply to all, including future, deliveries and services between the contracting party (buyers and customers are hereinafter jointly referred to as "customer") and TUSH Magazine, Armin Morbach, Friesenweg 4 / Gleis 7, 22763 Hamburg, Germany (hereinafter referred to as “seller“). The seller is also the provider of the items displayed on the website https://tushmagazine.bigcartel.com/.
1.2. Our terms apply exclusively. Any of the customer's terms and conditions that contradict or deviate from these terms shall not be acknowledged or applied unless they have been expressly approved by us in writing. If the seller processes an order, these T&C apply - regardless of our potential knowledge of the customer's terms and conditions conflicting with or deviating from the sellers.
1.3. US-customers only: customers located in the US agree to electronically access, receive, review, sign, and authenticate certain documents and forms covered by the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), the Uniform Electronic Transactions Act (“UETA”) adopted by various states, and/or the separate state laws of Illinois, New York, and Washington (as applicable). The electronic signature will bind the customer to the same extent as if he had signed on paper with an ink signature. He also agrees that such documents and forms may be retained solely in an electronic format and are “transferable records” within the meaning of the UETA.
1.4. Individual agreements made in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these T&C.
2.1. The seller offers the items displayed on the website https://tushmagazine.bigcartel.com/ for sale. The product descriptions do not constitute a binding offer by the seller but constitute the submission of a binding offer by the customer. The seller undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the seller does not guarantee the accuracy or reliability of any product information and the customer acknowledges and agrees that he purchases such products at his own risk.
2.2. The selection of goods, the conclusion of the contract and the execution of the contract are conducted in English language.
2.3. The customer can purchase both digital content and physical goods (e.g. print products; cosmetics). For the purposes of these T&C, digital content refers to digital versions of publications (e.g. ePaper and/or eMagazines) that are made available exclusively via download.
2.4. The customer may select the preferred product by either first placing it in the "shopping cart" using the "Add to cart" button and continuing the purchase or by completing the article selection with the "Checkout" button. After entering his personal data and the method of payment desired, the customer can bindingly transmit his order request to the seller by clicking the "Buy" button in the "Check Order" section of the order form. The customer has the possibility to view and change the data given in the order or to cancel the order completely at any time until the order is placed.
2.5. By clicking the button concluding the ordering process, the customer submits a legally binding offer with regard to the articles contained in the shopping cart. The seller can accept the customer's offer within seven days
In the event that several of these alternatives are available, the contract shall come into effect at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the seven-day period, this shall be deemed as a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. The period for acceptance of the offer shall start on the day after the customer has sent the offer and ends on expiry of the seventh day following the sending of the offer.
2.6. Order processing and contact are also carried out via e-mail and automated order processing. The customer agrees to provide the seller with a valid email and shipping address, as well as valid billing information.
2.7. In the event of circumstances preventing delivery or other circumstances that would prevent the fulfilment of the contract, the seller shall inform the customer by e-mail. A partial delivery will only be made after approval by the customer.
3.1. The languages available for the conclusion of the contract is English.
3.2. The contract’s content will be stored by the seller and will be sent to the customer in writing to the e-mail address provided by him including these T&C and all order data information as well as shipping costs, terms of delivery and payment. However, the customer has the possibility to print the contract text before placing the order by using the print function of the browser during the last step of the order.
4.1. Prices are indicated in EURO on the seller’s website excluding taxes and shipping costs. Taxes, shipping costs and/or customs duties have to be borne by the customer.
4.2. Payment options are displayed in the seller's online store. Shipping costs will be indicated separately in the respective product description and are listed on the website under the section "Shipping" or here. When the customer makes a purchase on the Website, he agrees to provide a valid instrument to make a payment. The customer has to pay attention to the details of the transaction, as the total price may include taxes, fees, and shipping costs, all of which the customer is responsible for.
4.3. The supplier delivers at the customer's choice against payment in advance within the framework of the following provisions. When the customer provides a payment instrument to the seller, the customer confirms that he is permitted to use that payment instrument. When the customer makes a payment, he authorizes the seller (and his designated payment processor) to charge the full amount of the payment instrument the customer designates for the transaction. The customer also authorizes the seller to collect and store that funding instrument, along with other related transaction information. The customer agrees to monitor his method of payment.
4.5. If the customer chooses the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this method of payment if the credit assessment is negative. If the customer pays by credit or debit card, the seller may obtain a preapproval from the issuer of the card for an amount as high as the full price. If the customer cancels a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to the customer. For the sale of goods and digital content, the seller may preauthorize the customer´s credit or debit card at the time he places the order or the seller may simply charge the customer´s card upon shipment.
4.6. In order to prevent financial loss to the customer or to the seller, the seller may contact the customer´s funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments the customer is associated with, if the seller believes doing so may prevent financial loss or a violation of law. The seller may cancel any transaction he believes the transaction violates these T&C, or if he believes in doing so may prevent financial loss.
5.1. The delivery of goods is carried out by dispatch to the delivery address given by the customer, unless otherwise agreed. Notwithstanding the above, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive. Shipping costs and dates are subject to change from the costs and dates the customer is quoted due to unforeseen circumstances.
5.2 In the case of unavailability of an item, the seller will inform the customer by e-mail as soon as possible. In such a case, the seller will propose to the customer either to order another item shown on the seller’s site in substitution or to cancel his order. If the customer chooses to cancel his order, he will be refunded, if his bank account has been debited. The seller shall not be liable in case of unavailability of items.
5.3. The sellers reserves the right to reject or cancel an order for any reason, including errors or omissions in the information the customer provide to the seller. If the seller does so after payment has been processed, the seller will issue a refund to the customer in the amount of the purchase price.
5.4. If the delivery to the customer fails because he has given the delivery address incorrectly or incompletely or cannot be reached at the delivery time, the customer shall bear the reasonable costs incurred by the seller as a result. A renewed attempt at delivery will only be made if the customer bears the costs for the renewed shipment. The renewed shipping costs correspond to the shipping costs agreed upon when the contract was concluded. The seller will inform the customer of the necessary costs for a new delivery by e-mail. A new shipment will only take place after receipt of payment of these costs.
5.5. It is not possible to pick up the goods by the customer at the registered office of the seller.
5.6. Digital content is made available to the customer for download in Portable Document Format (PDF). The PDF is signed and provided with a watermark that identifies the respective customer. There are no additional shipping costs for digital products. For the use of the digital content, the customer is required to have access to the Internet as well as common and customary display options (e.g. a browser or PDF display software). The Seller shall not be responsible for any prevention of access to digital content if such access is within the customer's sphere of control (this applies in particular to the customer's access to the Internet).
5.7. Digital content is provided immediately after the purchase, at the latest within 24 hours. Depending on the product, the digital content is made available by providing a download option, by sending the digital content or by providing access to the digital content via e-mail or by making the Digital Content available in a restricted customer area.
The seller does not offer returns.
7.1. The seller disclaims any implied warranty of merchantability or of fitness for a particular purpose in connection with the customer’s purchase of units of any item under this contract. The seller will not be liable for any indirect, special, consequential, or punitive damages, including lost profits arising out of or relating to this contract or the transactions it contemplates (whether for breach of contract, tort, negligence , or otherwise) and irrespective of whether the seller has been advised of the possibility of any such damage. In no event will the seller’s liability exceed the price the customer paid to the seller for the specific goods provided by the seller giving rise to claims or cause of action.
7.2. The use of the seller’s online shop is at the customer’s or user's risk. The seller’s online shop is provided on an “as is” and “as available” basis. Consequently, the seller gives no warranties of any kind whether express or implied, statutory or otherwise (including the implied warranties of merchantability, fitness for a particular purpose). Such warranties include, but are not limited to, any representations that material on this website is complete, accurate, reliable, timely, and non-infringing on third parties; that access to this website is uninterrupted or error-free; that this website is secure.
7.3. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to the customer to the extent such exclusions are not allowed. In such case, such exclusion shall be limited to the extent required by applicable law.
8.1. The seller shall have no liability or responsibility whatsoever for any losses suffered caused by viruses that may infect the customer’s or the user's computer equipment or other property as a result of his use of, access to, or the downloading of any material from the seller’s website. Downloading material from this website is done at the customer’s risk.
8.2. The links possibly provided on the seller’s online shop might take the customer outside the seller’s website. The seller accepts no liability for the content, accuracy, or function of these other websites. The seller accepts no liability deriving from a breach or omission in the privacy policies of third parties. The links are provided in good faith and the seller cannot be held responsible for any subsequent change in other websites to which it provides a link. The inclusion of any links to other websites does not imply endorsement by the seller.
8.3. The seller is not responsible or liable for any loss or damage caused as a result of the customers use of any third-party services linked to from the sellers Website.
8.4. The seller is not liable for any damages that may occur to the customer as a result of the customers use of the Website, to the fullest extent permitted by law. The maximum liability of the seller arising from the customers use of the Website is limited to the greater of one hundred ($100) or the amount the customer paid to the seller in the last six (6) months. This applies to any and all claims by the customer, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
8.5. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to the customer or the user of the seller's website but only to the extent such exclusions are not allowed. In such case, such exclusion shall be limited to the extent required by applicable law.
The customer acknowledges and agrees that any information posted on the seller´s Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between the customer and the seller. The customer further agrees that the purchase of any of the products on the Website is at his own risk. The seller does not assume responsibility or liability for any advice or other information given on the Website.
The seller may need to interrupt the customers access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. The customer agrees that his access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the seller will have no liability for any damage or loss caused as a result of such downtime.
11.1. If the User has purchased a magazine as an ePaper, he has the right to use the magazine(s) on up to 5 devices, i.e. to display it/them online on his devices. In addition, he may also store the ePaper(s) on the devices, if offered, once each, i.e. by making a corresponding duplication, and then having the ePaper(s) displayed offline.
11.2. The use of the magazines (ePaper and print) is permitted exclusively for the user's own, non-commercial purposes; if the user is a business or businessman, use for commercial purposes is permitted; any further use is excluded. Therefore the following applies in particular:
11.3. Subject to any legal restrictions (e.g. copyright), the provisions of sections 10.1 to 10.3 apply not only to the magazines as a whole, but also to all individual articles, photos and other individual components as well as parts thereof, unless the part in itself does not have any copyright or other legal (e.g. ancillary copyright) protection.
The customer defends and indemnifies the seller and any of his affiliates and hold the seller harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to the customers use or misuse of the Website, the breach of these Terms and Conditions, or the customers conduct or actions. The seller will select his own legal counsel and may participate in his own defense, if he wish to so.
Internet communications are subject to interception, loss or alteration and, as consequences, the customer acknowledges that information or data he provides by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
US-customers only: No action arising out of or relating to this contract or the transactions it contemplates may be commenced against the seller more than 12 months after the basis for such claim could reasonably have been discovered.
The customer is strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. However, German law shall not apply to customers with permanent residence outside of Germany, as far as their national law contains regulations which cannot be deviated from by contract at the disadvantage of the customer.
A party bringing a legal action of proceeding against the other party arising out of or relating to this contract or the transactions it contemplates must bring the legal action or proceedings in the court of the State where the seller has his place of business as far as their national law contains regulations which cannot be deviated from by contract at the disadvantage of the customer. Each party to this contract therefore consents to the exclusive jurisdiction of the courts of the State where the seller has his place of business for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates (as far as their national law contains regulations which cannot be deviated from by contract at the disadvantage of the customer).
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
Last revision: December 4, 2020