Terms of service

Welcome, and thank you for your interest in www.einbastien.de (“Creator,” “we,” or “us”) and our website at https://www.einbastien.de, provided through Fourthwall (the “Service”). These Terms of Service are a legally binding contract between you and the Creator regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT,” OR BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THESE TERMS AND THE CREATOR’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.

1. Creator Service Overview

We offer a website where you can purchase merchandise we make available for sale, including digital products and memberships (“Memberships” and, collectively with all other merchandise, “Products”).

2. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant that:

  1. You are at least 13 years old;

  2. You have not previously been suspended or removed from the Service; and

  3. Your registration and use of the Service complies with all applicable laws and regulations.

If you are an entity, organization, or creator, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms, and you agree to be bound by them.

3. Accounts and Registration

To access any Membership, you must register for an account. You may be required to provide certain information about yourself (e.g., name, email address). You agree that such information is accurate and will remain up to date. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, you must notify us immediately at info@einbastien.de.

4. General Payment Terms

Fees. Purchasing any Product through the Service may require you to pay fees. Before you pay, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars.

Price. The Creator reserves the right to determine pricing for all Products and Memberships. The Creator will make reasonable efforts to keep pricing information on the website up to date. We encourage you to check the website periodically for current pricing. The Creator may change the fees for any Product or Membership with advance notice before the changes apply.

Authorization. You authorize the Creator and its third-party payment processors to charge all sums for the Products you purchase and Memberships you subscribe to, including all applicable taxes, to the payment method specified in your account.

Memberships & Recurring Payments. Memberships may include automatically recurring payments for periodic charges. If you activate such a Membership, you authorize the Creator or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the due date.

5. Returns and Refunds

We will accept returns for defective Products made within 30 days of the purchase date (“Returns”). We will issue you a full refund for all Returns and will pay for the return shipping of any Return if such shipping is required.

6. Shipping and Delivery

All Products purchased through the Service will be shipped according to the terms provided at the time of purchase to the shipping address you provide. You are responsible for all shipping costs, which will be specified at checkout.

7. Licenses

Limited License. Subject to your complete and ongoing compliance with these Terms, the Creator grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and any Memberships to which you have subscribed during the term of your subscription, solely for your personal, non-commercial use.

Feedback. If you choose to provide input or suggestions regarding problems with or proposed modifications or improvements to the Service or any Products (“Feedback”), you hereby grant the Creator an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose.

8. Ownership; Proprietary Rights

The Service is owned and operated by the Creator. The visual interfaces, graphics, design, compilation, information, data, computer code, products, software, and all other elements of the Service and Products (“Materials”) provided by the Creator are protected by intellectual property and other laws. All Materials included in the Service are the property of the Creator or its third-party licensors.

9. Prohibited Conduct

By using the Service, you agree not to:

  • Use the Service for any illegal purpose or in violation of any local, state, national, or international law;

  • Violate, or encourage others to violate, any right of a third party;

  • Interfere with security-related features of the Service;

  • Interfere with the operation of the Service or any user’s enjoyment of the Service.

10. Modification of the Service

The Creator reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you.

11. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify the Creator and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against every claim brought by a third party arising from or relating to your use of the Service or your violation of these Terms.

12. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE CREATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13. Limitation of Liability

To the maximum extent permitted by law, the Creator will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; or (c) any other matter relating to the Service.

14. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

15. Privacy Policy

Please read the Creator’s Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information: https://www.einbastien.de/privacy.

16. Contact Information

The Service is offered by www.einbastien.de.
You may contact us by emailing info@einbastien.de.

If you want, I can also adapt this to EU/German law (e.g., replace California law, add EU consumer withdrawal rights, information on the 14-day return period for digital goods, dispute resolution under the ODR platform, VAT display, etc.). Let me know!