I. Terms and Conditions of TUSH Magazine
These terms and conditions (I.) as well as the corresponding right of cancellation (II.) apply exclusively to customers located within the European Union.
1. Scope of application, contractual Partners
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 14 / Gleis 7, 22763 Hamburg, Germany (hereinafter referred to as “seller“). The seller is also the provider of the items displayed on the website http://store.tushmagazine.com/.
1.2. Consumer in the sense of these T&C is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his otherwise professional activity. A business or businessman is a natural or legal person or a partnership with legal capacity which acts in its commercial or independent professional activity when concluding a legal transaction.
1.3. 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 we process an order, these T&C apply – regardless of our potential knowledge of the customer’s terms and conditions conflicting with or deviating from ours.
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. Ordering process and conclusion of contract
2.1. The seller offers the items displayed on the website http://store.tushmagazine.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 color representation of the articles on the website may vary slightly depending on the internet browser and monitor settings used by the customer.
2.2. The selection of goods, the conclusion of the contract and the execution of the contract are conducted in German or 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
– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
– by requesting payment from the customer after placing the order.
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 client 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 must ensure that the e-mail address provided by him for order processing is correct, so that e-mails can be received.
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. Contract language and storage of the text of the contract
3.1. The languages available for the conclusion of the contract are German and English.
3.2. The seller does not store the text of the contract on his system. 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. The seller will also send the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest upon delivery of the goods, customers who are consumers will receive a copy of the T&C as well as instructions on the right of cancellation and information on shipping costs and terms of delivery and payment.
4. Prices, shipping costs and terms of payment
4.1. Unless otherwise stated in the product description, the product prices are understood as final prices. Final prices include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
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 (link!).
4.3. The supplier delivers at the customer’s choice against payment in advance within the framework of the following provisions. Payments shall be made in Euro.
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.
5. Shipment and delivery
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.
5.2. Unless otherwise stated in the article description, the shipping company needs about 3 – 5 working days for the delivery of physical products within Germany.
5.3. 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. This does not apply with regard to the costs for the delivery if the customer exercises his right of cancellation effectively. For the costs of return shipment, if the customer effectively exercises his right of cancellation, the provision made for this purpose in the seller’s revocation instruction shall apply. 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.
5.4. It is not possible to pick up the goods by the customer at the registered office of the seller.
5.5. 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).
5.6. 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.
6. Retention of title
If the seller provides advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
7. Right of cancellation
Consumers are generally entitled to a right of cancellation. More detailed information on the right of cancellation can be found in the seller’s cancellation policy (Link!), which can also be viewed under section II.
8. Warranty for material defects and guarantee
8.1. The warranty is subject to the following regulations according to legal regulations.
8.2. A guarantee for goods delivered by the seller only exists if it has been expressly given. Customers will be informed about the guarantee conditions before the order process is initiated.
8.3. If the customer is a business or businessman, he has to check the goods immediately after delivery to ensure that they have the contractually defined quality (in particular the number, identity and condition of the delivered goods) and are suitable for the intended purpose. Should the delivered goods have obvious defects, this must be reported immediately upon receipt of the goods in text form, stating the order date, invoice number and item number. In any case, the notice of defects is delayed if it is not received by the seller within 7 working days starting from the receipt of the goods, including the day of receipt. Hidden defects are to be reported in writing immediately, at the latest within 5 working days after their discovery.
If the complaint is not made in accordance with section 8 sentences 1 – 4 of this T&C, the delivery shall be deemed approved and warranty claims shall be excluded.
8.4. Notwithstanding the liability provisions of these T&C, material defects shall become time-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are mandatory by law.
8.5. The seller shall endeavour to keep the digital content available without interruption (in particular ordered and downloadable contents). Due to maintenance and repair work as well as system updates or even technical faults that are beyond the control of the seller, availability may be limited. No guarantee is given for availability at all times.
For claims based on damages caused by the seller, his legal representatives or vicarious agents, the seller shall always be liable without limitation,
• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the event of any guarantee promises, or
• if the Product Liability Act applies.
In the event of a breach of essential contractual obligations, whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on the part of the seller, on the part of our legal representatives or vicarious agents, the liability is limited to the amount of the damage foreseeable at the time of conclusion of the contract, which may typically be expected to occur.
Otherwise, claims for damages are excluded.
10. Copyright (print & ePaper)
10.1. 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.
10.2. 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:
– It is strictly forbidden to use magazines (ePaper and print) and their contents in any form for business purposes (industrial, freelance, journalistic, commercial, for an employer or client, etc.).
10.3. 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.
11. Final provisions
11.1. 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 consumers 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 consumer.
11.2. If the customer is a business or businessman within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the parties agree that the place of jurisdiction is the registered office of the seller.
11.3. Should individual provisions of these T&C prove to be ineffective or impracticable, this shall not affect the validity of the remaining provisions.
12. Alternative dispute resolution
12.1. The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration body.
II. Right of cancellation for consumers
Consumers have a legal right of cancellation. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons.
In case of contracts for the purchase of Digital Content that is not delivered on a physical data carrier, the cancellation period is fourteen days from the date of conclusion of the contract.
In case of contracts for the purchase of physical products ordered under a single order and delivered in a single delivery or separately the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of cancellation, you must inform us
Friesenweg 14 / Gleis 7
Tel: 0049 40 28 00 44 66
Fax: 0049 40 28 00 44 72
by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to cancel this contract. You may use the attached sample cancellation form for this purpose, but this is not mandatory.
In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Effects of cancellation
If you cancel this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse a refund until the goods have been returned to us or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you inform us of the cancellation of this contract. This period is deemed to have been observed if you dispatch or hand over the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
Exclusion of the right of cancellation
The right of cancellation does not apply to the following contracts, unless the parties have agreed otherwise:
- Contracts for the supply of newspapers, journals or magazines, with the exception of subscription contracts.
- Contracts for the delivery of sealed goods that are not suitable to be returned for reasons of health protection or hygiene, if their seal has been removed after delivery.
The right of cancellation expires in the case of a contract for the delivery of digital content not contained on a physical data carrier if we have begun to execute the contract after you have expressly agreed that we will begin to execute the contract before the end of the cancellation period and you have confirmed that you are aware that you will lose your right of cancellation by giving your consent when the execution of the contract begins.
The right of cancellation also expires in the case of sealed cosmetic products which are not suitable to be returned for reasons of health protection or hygiene (e.g. lipsticks, mascara, kohl pencils, lipliners).
End of the cancellation policy
|Sample cancellation form for consumers |
(If you want to cancel the contract, please fill out this form and send it back).
Friesenweg 14 / Gleis 7
Tel: 0049 40 28 00 44 66
Fax: 0049 40 28 00 44 72
I/we (*) hereby cancel 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 the consumer(s): ______________________________
Address of the consumer(s): ____________________________
Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable