Terms of service
GENERAL TERMS AND CONDITIONS
2. Scope of application
3. Conclusion of contract
4. Right of withdrawal
6. Prices and terms of payment
7. Terms of delivery and shipping
8. Retention of title
9. Liability for defects
10. Redemption of gift vouchers
11. Redemption of promotion vouchers
12. Applicable law
13. Place of jurisdiction
14. Information on online dispute resolution
The Site is intended solely for persons who are 18 years old or older. Any access to or use of the Site by anyone under the age of 18 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 years old or older.
2. AREA OF VALIDITY
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “The Hedonist Post UG (Haftungsbeschränkt)” (hereinafter referred to as “Seller”), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods (goods and digital offers – for example ePaper, downloads in general) displayed by the Seller in his online shop. Herewith the inclusion of the Customer’s own terms and conditions is contradicted, unless otherwise agreed.
1.2 For the purchase of vouchers these GTC apply accordingly, unless otherwise expressly regulated.
1.3 Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity.
1.4 Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
3. CONCLUSION OF THE CONTRACT
3.1 The product representations contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
3.2 The customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods and / or digital goods like e-Paper, PDF’s downloads in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
3.3 The seller can accept the customer’s offer within five 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 the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
3.4 When submitting an offer via the Seller’s online order form, the text of the contract will be saved by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller’s online shop before sending his order.
3.5 Before bindingly placing an order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can continuously correct his entries via the usual keyboard and mouse functions before the binding submission of the order within the electronic ordering process. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
3.6 Only the German language is available for the conclusion of the contract.
3.7 The order processing and contact are usually carried out by 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 sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.8 When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of full age authorized by him is allowed to accept the goods.
3.9. When ordering the goods / digital goods of The Hedonist Post UG (Haftungsbeschränkt) the buyer confirms that he/she (others) is of legal age by its local law to order our product.
4. RIGHT OF REVOCATION
4.1 Consumers are generally entitled to a right of withdrawal.
4.2 More detailed information on the right of revocation can be found in the seller’s revocation below (4.1).
4.1 Cancellation policy for deliveries of goods/ digital goods
4.1.1 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In the case of a contract for several goods that you have ordered as part of a single order and that are delivered 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, the last have or has taken possession of the goods.
In the case of a contract for the delivery of goods in several partial shipments or pieces, the revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last piece have or has.
In the case of a contract for the regular delivery of goods over a specified period of time, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the first goods.
In order to exercise your right of withdrawal, you must inform the contractual partner c / o 25seven UG (Haftungsbeschränkt) Hegnabrunn 45 a, 95339 Neuenmarkt, Germany, firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post Letter, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
4.2 Consequences of the withdrawal
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling you that is not necessary to check the nature, properties and functionality of the goods.
(If you want to continue calling the contract, please buy this form and send it back.)
c / o 25seven UG (Haftungsbeschränkt) Hegnabrunn 45 a, 95339 Neuenmarkt, Germany
I / we (*) hereby revoke my / us (*) contract with the contractual partner 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 if this is notified on paper)
(*) Delete where inapplicable.
If you have any further questions, please feel free to contact us at any time via e-mail
By submitting your work to ‘The Hedonist Post Magazine’ its affiliates and assigns the right for thehedonistpost.com to publish and use the contents on the website thehedonistpost.com itself for the content, and also for the content at Facebook, Twitter, Instagram and Tumbrl (Social-Profiles). In special cases also for promotion purposes of The Hedonist Post Magazine – like magazines, flyers, folders, posters, cards, projections and also for public relations work (PR), like e.g. newspapers, print-magazines, events, exhibitions and presentations.
With your submission you give The Hedonist Post UG (Haftungsbeschränkt) and their owners your personal permission and all rights to sell your images, texts and interviews without making any claims of any types of reimbursement of the submitted content as well as any financial interest after your submission.
Note, that you have to be the only copyright-owner of the images, text, music (…) to submit them. As a photographer you own the written permission of the models and agencies for publishing the images and consent to be fully hold liable in case of any dispute/ argument regarding copy rights. However, in the interest of maintaining quality, we retain the right to make spelling/grammatical/visual changes to your work and to use them for the promotion of The Hedonist Post Magazine. The Hedonist Post and their editors also retain the right to add annotations as we see fit. You agree, by the acknowledgement of this disclaimer, to not hold The Hedonist Post and their owners responsible for any injury, mental or physical, resulting from the publishing of your submission. Also, if anyone sues you for slander from a content you submit that we decide to publish, you agree to not hold The Hedonist Post UG (Haftungsbeschränkt) and their owners liable. Lastly, The Hedonist Post cannot guarantee that every submission will be published.
5.1 EXCLUSIVE WEB EDITORIALS SUBMISSIONS
By submitting a series the photographer confirms to have a properly signed model release, a written permission of the models and agencies for publishing the images on www.thehedonistpost.com and all The Hedonist Post Channels and not to infringe any third party rights or laws. Furthermore the photographer agrees to have the permission of the location / home owner to shot and use images for publication on thehedonistpost.com For nude images the photographer confirms and owns a legally document copy (passport) that the model is full of age (legal age).
6. PRICES AND TERMS OF PAYMENT
6.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
6.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
6.3 Various payment options are available to the customer, which are indicated in the online shop of the seller.
6.5 If the payment method “IMMEDIATELY” is selected the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as “IMMEDIATELY”). In order to be able to pay the invoice amount via “IMMEDIATELY”, the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in “IMMEDIATELY”, must legitimize himself accordingly during the payment process and confirm the payment instruction to “IMMEDIATELY”. The payment transaction will be executed immediately afterwards by “IMMEDIATELY” and the customer’s bank account will be debited. The customer can find more detailed information on the “IMMEDIATE” payment method on the Internet at https://www.klarna.com/sofort/.
6.6 Payment, price adjustments for subscriptions and online services
The customer is obliged to pay; In the case of offers with a longer term, such as subscriptions there is an obligation to pay in advance for the specified number of issues or months from the conclusion of the contract. Unless otherwise agreed, payments are to be made without deduction to the accounts on the order confirmation or invoice. Only the payment methods offered in the context of the order are accepted.
6.7 Subscription: Automatic renewal
By opting in for automatic renewal, you hereby authorize The Hedonist Post (UG Haftungsbeschränkt) on an automatic basis annually to:
1. Renew your The Hedonist Post membership and the member subscriptions that you have selected.
2. Charge the applicable membership and subscription fees to the credit card that you place on file
Automatic renewals will be processed the second week of October each year, i.e., the week beginning with the second Sunday of the month. If you do not wish to proceed with automatic renewal for an upcoming membership year, you must opt out before the second week of October through your member profile in “My Account” on hedonistpost.com.
6.7 Eligibility qualifications
- To be eligible for automatic renewal, you must be 18 years or older and legal by law to mage an buying agreement between you and the company The Hedonist Post UG (Haftungsbeschränkt)
- If you lose eligibility for automatic renewal, The will no longer automatically renew your memberships and subscriptions. The Hedonist Post UG (Haftungsbeschränkt) will notify you of the change prior to the deadline for regular, non-automatic renewal to give you an opportunity to renew your memberships and subscriptions manually. If you become eligible in the future, you will have an option to enroll in automatic renewal again.
6.8. All prices include VAT.
In the case of subscriptions, the seller reserves the right to increase the subscription price at any time, to change the appearance of the title and to change or vary its editorial design. Furthermore, the seller reserves the right to dispute individual issues through special issues or special issues as part of an ongoing subscription. In the event of price increases of more than 10%, the subscriber has an extraordinary right of termination at the time the price increase takes effect. The contract partner must receive the notice of termination within one month of the price increase being notified in the booklet. A reduction in VAT does not affect the stated price.
6.9. Chargeback direct debit
In the event that a direct debit is returned or not honored, the customer hereby irrevocably authorizes his bank to provide us with his full name and current address.
7. DELIVERY AND SHIPPING CONDITIONS FOR GOODS AND DIGITAL GOODS
7.1 The delivery of goods is carried out regularly by means of shipping and to the delivery address indicated by the customer. In the processing of the transaction, the delivery address indicated in the seller’s purchase procedure is decisive. Deviating from this, when choosing the payment method PayPal, the delivery address deposited by the customer with PayPal at the time of payment is decisive.
7.2 If the transport company returns the dispatched goods to the seller because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful dispatch. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service a reasonable time in advance.
7.3 Self-collection is not possible for logistical reasons.
7.4 Vouchers are provided to the customer as follows:
- by e-mail
- via download
- by mail
7.5 Delivery / provision
The seller reserves the right to charge shipping costs for the dispatch of booklets and other goods in Germany and abroad in accordance with the currently valid price list.
Please note that some booklets and other goods cannot be sent together. Therefore, shipping costs may apply twice when ordering.Any additional taxes and duties are always to be borne by the customer. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold in the case of mail order purchases is transferred to the consumer or a recipient specified by him when the goods are handed over. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods is transferred to the buyer when the goods are handed over, or when the goods are shipped to the forwarding agent or the person or institution otherwise assigned to carry out the shipment.
The delivery of goods takes place within three to five days (delays may occur), unless otherwise stated in the product description. This does not apply to subscription orders. The delivery takes place here on the publication date of the next issue. However, subscription rewards and add-ons to subscriptions are not delivered until the seller has received payment.
When ordering digital offers, for example ePaper, downloads, they are made available on the respective website or for downloads in the “My Account” area of the respective online shop. Additional delivery costs are not required. Ordered digital offers are made available immediately.
In the event of delivery disruptions due to force majeure (including strikes and lockouts), the performance obligations of the buyer and seller are suspended for the time of the delivery disruption. Subscription free items and bonus items are delivered while stocks last. If an addition or bonus is no longer available, the seller reserves the right to deliver an appropriate replacement.
7.6 Reservation of title / rights
Ordered goods remain the property of the seller until the agreed remuneration has been paid in full.
In the case of orders with digital offers, the corresponding rights of use are only granted revocably until full payment has been made.
7.7. Subscriptions: start date, number of issues received, cancellation and notifications
A subscription to online access is granted immediately upon conclusion of the contract. Incidentally, subscriptions generally begin with the next available issue, unless a later date was specified in the order. Detailed information on the number of issues of a subscription and the notice period are displayed directly with the respective offer. The seller is entitled to send any notifications about subscriptions concluded online to the e-mail address last made known to him by the customer. The purchaser will immediately inform the seller of any changes to his email address.
7.8 Rights of use for digital offers
With the provision or transmission of the individual digital content, the customer receives the simple right to use it for his own, non-commercial use. Any further use – in particular the publication on the Internet, as well as the unauthorized duplication, distribution or making accessible of content via the Internet, be it free of charge or against payment – is not permitted. The same applies to the removal of copyright and source references as well as any other processing or manipulation of the download. The rights of use granted are non-transferable or sub-licensable and are subject to full payment. Uses permitted by copyright law are not restricted and remain in full force for clarification.
The content accessible as part of online access to ‘The Hedonist Post’ services is generally only available for the ordered term of the The Hedonist Post service. Insofar as the seller provides a download option for content (e.g. ePaper) and the customer uses this, the respective downloads or files may also be used in accordance with the contract for the term of the subscription concluded by the customer. See also section 5.9 /5.10 below.
The seller is entitled to revise, update or otherwise change the content of the digital offers at any time if this should be necessary for technical, legal or content-related reasons and does not unreasonably restrict the rights of the customer. The seller is under no obligation to provide all ever published versions of an article or other content. The seller no longer has access to and no influence over any content downloaded by the customer.
7.10 Availability of digital offers
The seller keeps content made available for download (e.g. ePaper) available for at least the term of the contract. An unlimited data backup and data availability cannot be guaranteed. The customer should therefore save the content available for download in parallel locally on connected end devices. The purchaser will be informed explicitly and with reasonable advance if downloads can no longer be provided by the seller in the future.The seller endeavors to keep the digital offers, in particular the content ordered and made available for download, as uninterrupted as possible. Due to maintenance and repair work as well as system updates or technical malfunctions that are beyond the control of the seller, the availability may be restricted. A guarantee for the permanent availability is not assumed.
7.11Necessary requirements – account, internet access and storage space ordered digital content can be accessed via the respective online shop and requires the customer to register and access the Internet. DSL access of at least 2000 kBits / s is recommended as a minimum bandwidth. In addition, the customer ensures that he can (i) establish unrestricted Internet connections to external servers on his end device (e.g. computer, smartphone, tablet) and (ii) in the case of digital content made available for download, storage is also possible, in particular sufficiently free space is available.
To register an account, it is necessary to enter an email address and a freely chosen password. The customer can only access digital offers with this email address and password. The customer may not disclose the password to third parties or make it accessible and must keep it carefully in order to avoid misuse. He is obliged to inform the seller immediately if the password is lost or if he becomes aware that unauthorized third parties have gained knowledge of the password. The purchaser is liable for any misuse by third parties unless he can provide evidence that he is not at fault for this.
7.12 Necessary requirements – display software
In addition, special software may be required to view the downloads (e.g. Adobe PDF reader), for which additional usage and license conditions may apply. For more information, in particular information on the software version required to view the download, please refer to the respective product description. The customer ensures that he can install the required software on himself.
7.13. Cancellation instructions
Information on the statutory right of withdrawal such as conditions, deadlines and the procedure for exercising the right of withdrawal and the model withdrawal form can be found at section 4.2.
In the case of orders that (also) contain print books or other physical goods, only the ‘cancellation policy for deliveries of goods’ Applies.
The ‘cancellation policy for digital offers’ only applies to orders that exclusively include digital offers, in particular ePaper, downloads or other digital content that is neither on a data carrier delivered or offered in combination with print booklets or other physical goods.
7.14 Warranty / liability
If the delivered goods or the provided digital content are defective, the statutory warranty regulations apply; the assignment of corresponding claims is excluded. Any further claims – regardless of the legal reason – are excluded, unless the following paragraphs indicate otherwise.
7.15 In the event of a breach of cardinal obligations, i.e. The seller has unlimited liability for any damage caused by such obligations, the observance of which is of particular importance for achieving the purpose of the contract. The seller is also liable for damage due to the lack of warranted properties, for injury to life, limb or health and for claims under the Product Liability Act. Otherwise, the seller is only liable in the event of willful intent and gross negligence. This also applies to the legal representatives and vicarious agents of the seller.
7.16In the case of a liability for damages due to the negligent violation of cardinal obligations, the seller’s liability is limited to typically foreseeable damage, which as a rule does not exceed the purchase price of the goods. Damage that did not occur to the goods themselves, in particular lost profit or other financial losses, will not be compensated in this case. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.
8. RETENTION OF TITLE
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
9. LIABILITY FOR DEFECTS
9.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
9.2 The customer is requested to complain about delivered goods with obvious transport damages to the delivery person and to inform the seller about this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
10. REDEMPTION OF GIFT VOUCHERS
10.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller’s online shop.
10.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase . Remaining credit balances are credited to the customer’s voucher account until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
10.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective gift certificate holder.
11. REDEMPTION OF CAMPAIGN VOUCHERS
11.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
11.2 Promotional vouchers can only be redeemed by consumers.
11.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
11.4 Promotional vouchers can only be redeemed before completion of the order process. A subsequent settlement is not possible.
11.5 Only one promotion voucher can be redeemed per order.
11.6 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
11.7 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference
11.8 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
11.9 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part
with the promotion voucher within the scope of his statutory right of revocation.
11.10 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
12. APPLICABLE LAW
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
13. PLACE OF JURISDICTION
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s place of business.
14. INFORMATION ON ONLINE DISPUTE RESOLUTION
The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/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.
We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
* Monday 7:00 a.m. to 8:00 p.m., Tuesday to Friday 7:30 a.m. to 8:00 p.m., Saturday 9:00 a.m. to 2:00 p.m.
1. Zone: Germany:
1. Single Magazine: 2,70€ (if you order more than one magazine the shipping costs will be 5,40€)
2. Anual Subscription: 10,80€ (if you order more than one magazine the shipping costs will be 21,60€)
2. Zone: Rest of the World:
1. Single Magazine: 7,00€ (if you order more than one magazine the shipping costs will be 14,00€)
2. Anual Subscription: 28,00€ (if you order more than one magazine the shipping costs will be 56,00€)
Note: additional fees such as taxes & customs must be paid by the customer.