Terms of Service
Last updated September 14, 2024
Introduction
Thank you for using our store(“site, website, marketplace”)! This website is operated by Hoch Steigen and is accessible via the website located at https://hochsteigen.com.
Throughout the site, the terms “we”, “us” and “our” refer to Hoch Steigen. Before using or accessing our platform, please read this Terms of Service (the “Terms of Service, Service”) carefully. This document is a legally binding contract between Hoch Steigen and you (“You, All Users of the Site, including without limitation to Browsers, Vendors, Customers, Merchants, and/ or Contributors of Content”). These are the terms and conditions on which we supply our products to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our service and agree to be bound by the following terms and conditions (“Terms of Service, User Agreement, Terms”) including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Please read these terms carefully before ordering with us.
Section 1 - Prohibited or Acceptable Uses
By visiting our site, or by using/purchasing our products, you hereby agree to the following:
- That you are at least the age of majority in your state or province of residence, who can form legally binding contracts under applicable law. This means that you must be at least 18 years old to use our site. Minors are not permitted to use our site under any circumstances unless properly supervised by their parent or legal guardian.
- Not use our site, or not use/purchase our products in any way that violates any applicable federal, state, local, or international law or regulation (including but not limited to, any laws regarding the export of data or software to and from the US or other countries, and copyright laws).
- Not use our site, or not use/purchase our products for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Not transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- Not impersonate or attempt to impersonate Hoch Steigen, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- Not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our site, or which, as determined by us, may harm Hoch Steigen or users of our site or expose them to liability.
Additionally, by visiting our site, or by using/purchasing our products, you hereby agree not to:
- Transmit any worms or viruses or any code of a destructive nature that could disable, overburden, damage, or impair our site or interfere with any other party’s use of our site.
- Use any manual process robot, or other automatic device, process, or means to access our site for any purpose, including monitoring or copying any of the material on our site, or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of our site.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our site, the server on which our site is stored, or any server, computer, or database connected to our site.
Section 2 - Account and Passwords
When creating an account, you must provide a username, your email address and a password. Only a single natural person may be the owner of an account. When registering, you must provide the required data completely and truthfully. If this data changes after registration, you must update it immediately. If you provide false data or do not provide changes immediately, we may exclude you from our site.
To help us verify your identity and to protect the security of your account and to comply with the law, you may be requested to provide current and accurate information about yourself such as your name, physical address, telephone number, date of birth, tax ID or VAT number, and company registration (if applicable). We may also request that you send us additional documents or information to help verify your identity such as a copy of your government-issued identification and other documents that may be legally required.
It is prohibited to use false information or impersonate another person through your account. You agree and acknowledge that if you do not provide the information or documents requested that your account may be terminated or restricted. In the unfortunate event that a User dies or becomes permanently incapacitated, we may request certain documents from such user’s successors, assigns, or legal representatives including, but not limited to, a death certificate, proof of succession, or power of attorney.
You are responsible for actions made on our site using your account, including but not limited to any products purchased or any content displayed, or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you or any other person. You agree that you will not disclose your password to any other person, and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.
Additionally, if you can no longer access your account and request our assistance in remedying the situation, we may, to the extent permitted by law, request information about your identity in order to ensure that you are the owner of the user account in question. This serves to ensure the security of user accounts and to prevent third parties from gaining unlawful access to user accounts.
Section 3 - Account Termination and Suspension
- You may stop using the service or unsubscribe from our store at any time, which involves closing your account with us and removing your data. You can unsubscribe from our store by sending a request to terminate your account with us at support@hochsteigen.com. You will receive an email from us within 48 hours to confirm successful termination of your account. Please see our privacy notice regarding how long we keep your personal information past the termination of your account.
- We reserve the right to suspend or terminate your Hoch Steigen account or your access to all or part of the service if (a) you materially or repeatedly breach this agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, Hoch Steigen or our affiliates.
- We will notify you with the reason for termination or suspension by us unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the service; or (d) would cause harm to any user, other third party, Hoch Steigen or our Affiliates.
- If you think your account termination or suspension was a mistake, you can file an appeal by sending an email explaining why you believe the decision was incorrect to support@hochsteigen.com.
Section 4 - Intellectual Property
Hoch Steigen is an online marketplace for custom printed products. We offer in our site, products that can be customized with our content and sell to customers. We also maintain and create integrations with different sales channels to provide us with the online e-commerce platform and providers who will print our products that allows us to sell our products and services to you.
We are community built on respect and recognition of intellectual property. The products we list on our site consist of our very own, original ideas and are not infringing on the intellectual property or publicity rights of another. We require that all users do the same. If you believe that product/s on our site has been used in a way that constitutes an infringement or violation of your/others rights, and you are the rights holder or the rights holder’s legal representative, please immediately notify us by sending a Notice and Takedown Request at support@hochsteigen.com.
Additionally, we reserve the right to taken down certain product/products without a specific report being received if we are otherwise alerted or aware of potential infringement issues.
Section 5 - Products and Promotional Information
Given the market conditions and product supply beyond our control, we reserve the right to adjust/modify/substitute/discontinue the listing of certain product/s, and promotions without notice. While we make every effort to ensure that you are provided with the very best products on our marketplace, these changes may occasionally be required. If such a switch is required, we will make reasonable efforts to notify you prior to shipment. If you have any issues with any adjustment, please contact us at support@hochsteigen.com.
Additionally, we have made every effort to display as accurately as possible the colors and images of our products that appear at our store. We cannot guarantee that your computer monitor's or mobile phone’s display of any color will be accurate.
Section 6 - Order Cancellation
In the unlikely event that we’re unable to fulfill your order (e.g. product is out of stock, unable to verify the billing information you have provided, you have requested delivery to an address that we do not currently ship to, or there has been an error in the pricing or description of the product), we will let you know by email and we will not charge you for the product.
Please be aware that we provide our products for your personal use only. We may cancel an order if we notice something unusual or suspect that our products are being exploited for any commercial, business or re-sale purpose. If this happens to you and you think we’ve made a mistake, get in touch with us through support@hochsteigen.com.
Section 7 - Payment and Pricing
We reserve the right to adjust prices in our sole discretion, at any time and without notice to you. All prices shown on our site are in U.S. dollars. Any applicable taxes, shipping, and other fees or charges are not included and are additional to any prices shown on the site. Taxes, shipping, or other fees may vary geographically.
You agree to pay for all orders made from your account in accordance with the prices in effect at the time an order is made from your account. You also agree to pay all applicable taxes, shipping, and other fees or charges necessary for your product/s purchase. You must provide valid payment information (e.g., credit card, debit card, and/or a Gift Card) through our site. By placing an order, you also agree and authorize:
- The payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order.
- Hoch Steigen to automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available.
- Hoch Steigen to share payment information and instructions required to complete the payment transactions between us, our payment processors, and their third-party payment service providers (e.g. credit card transaction processing, merchant settlement, and related services).
- No additional notice or consent is required for the foregoing authorizations.
Additionally, you agree to immediately update your account in the event of any change in your payment information. We reserve the right at any time to change our billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. Hoch Steigen reserves the right to collect any outstanding payment due and may transfer the collection of your outstanding balance to a third party collection agency when necessary.
Section 8 - Gift Cards
You can purchase a gift card from us in the same way as any of our other products. Our gift card will be issued to you in the form of a digital code and has no expiry. Gift card/s purchased from our online store may only be redeemed in our online store. Please remember that our gift cards cannot be exchanged for cash, resold, or transferred and you cannot purchase a gift card using another gift card as payment.
Additionally, no cash change or credit will be given on purchases made using our gift card. We accept no responsibility for lost, stolen, destroyed or damaged gift cards, or if any gift card is used without your permission, and we are unable to replace gift cards if lost, stolen, destroyed or damaged. To check your gift card balance, check your account online or contact support@hochsteigen.com.
Section 9 - Discount Codes
During our certain promotions, deals, and exclusive offers, we will release discount codes via email or other marketing channels. These Codes will allow a discount to be applied to a new order at our store. To apply a code simply enter it where specified during the check-out process and click apply.
Unlike our gift cards please note codes are valid for a limited period as specified in the relevant email or marketing communication, they cannot be used outside of that period. As communicated in the relevant email or marketing communication, codes are only valid on full-priced items and cannot be used on sale, or promotional items, or to purchase gift cards. Please note that only one code can be applied per order.
Additionally, code cannot be exchanged for cash, are non-transferable and cannot be applied towards delivery charges. We reserve the right to decline to accept orders where, in our reasonable opinion, a Code is invalid for the order being placed or is the subject of improper use. We reserve the right to withdraw, amend or extend offers at any time on reasonable notice.
Section 10 - User Contributions
If, at our request, you send certain specific submissions/contents (e.g. reviews, comments) or without a request from us you send creative ideas, suggestions, reviews, comments, proposals, plans, or other materials, whether online, by email, by postal mail, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions that you forward to us.
We are and shall be under no obligation to:
- Maintain any comments in confidence.
- Pay compensation for any comments.
- Respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You further agree that the content you submitted to us will not contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. Additionally, you may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any submitted contents. You are solely responsible for any contents you make and their accuracy. We take no responsibility and assume no liability for any contents posted by you or any third-party.
Section 11 - Limitation of Liability
As a User, you must ensure that your access to our site and your use of our store is not prohibited by law. It is your responsibility to ensure that the process that you employ for accessing our store does not expose you to risk of viruses, malicious computer code or other forms of interference that may damage your computer system. We do not guarantee, represent, or warrant that your use of our site will be uninterrupted, timely, secure, or error-free. You expressly agree that your use of, or inability to use, the site is at your sole risk. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of our store, or any linked website. You acknowledge that we may not be able to confirm the identity of other users or prevent them acting in a manner that may violate the law. Our site and all its products delivered to you via our website are (except as expressly stated by us) provided on’ an ‘as is' basis.
You acknowledge that our site and our products may be affected by outages, faults, or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the internet or infrastructure failures.
IN NO CASE SHALL HOCH STEIGEN, OWNER/S, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF OUR SITE OR ANY PRODUCTS PROCURED USING OUR STORE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR STORE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
We accept no liability for any failure to comply with this User Agreement where such failure is due to circumstances beyond our reasonable control.
Section 12 - Disclaimers
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE USE OF OUR SITE AND OUR PRODUCTS. AS SUCH, ALL PRODUCTS ARE PROVIDED “AS-IS” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE AND OTHER MATERIALS AND INFORMATION YOU VIEW ON OUR SITE INCLUDING PRICING, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS AGREEMENT, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION TO, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
We reserve the right to change any/all Content and Products and to modify, suspend or stop providing access to our Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.
Section 13 - Privacy
By using our marketplace, you indicate that you understand the information collection, use, and disclosure practices describe in our Privacy Policy.
Section 14 - Third-Party Links
Our site may contain links to third-party websites and online services that are not owned or controlled by us. Hoch Steigen has no control over, and assumes no responsibility for, such websites and online services. Be aware that when you leave our site, we highly recommend you read the terms and privacy policy of each third-party website and online service that you visit.
Section 15 - Amendments and Changes to the Agreement
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or purchase of our products following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 16 - Dispute Resolution and Binding Arbitration
BY ACCEPTING THESE TERMS, THE PARTIES (“YOU AND HOCH STEIGEN OR ITS AFFILIATES”) BOTH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. IF YOU HAVE A PROBLEM OR DISPUTE, WE WILL TRY OUR BEST TO RESOLVE IT. IF WE ARE UNSUCCESSFUL, YOU AND HOCH STEIGEN HAVE AGREED TO SUBMIT TO BINDING ARBITRATION TO RESOLVE THE DISPUTE.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HOCH STEIGEN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Claims Covered. The parties mutually consent to the resolution by final and binding arbitration of all claims and controversies (the, "Claims) that either may have against each other relating to, resulting from, or in any way arising out of these Terms of Service and will waive their right to litigate these issues in court and instead will resolve their Dispute through binding arbitration in Minneapolis, Minnesota.
- Required Notice. Either party may initiate arbitration by serving or mailing a written notice to the other party at their physical or mailing address. The written notice must specify the claims asserted against the other party. Notice of any claim sought to be arbitrated must be served within the limitations period established by applicable federal or state law.
- Arbitration Procedure. After a demand for arbitration has been made pursuant to Section 2 of this agreement the party demanding arbitration shall file a demand for arbitration with the American Arbitration Association. The parties agree to enter arbitration through the American Arbitration Association and abide by the Commercial Arbitration Rules of the American Arbitration Association. Arbitration proceedings shall be completed with 120 days from the date an arbitrator is appointed. This time may be extended by the arbitrator in the interests of justice. The parties may agree to extend this time in writing. The parties agree not to bring any disputes between each other on a collective or class basis; rather, the parties agree to bring such disputes in arbitration on an individual basis only.
- Arbitrator. The arbitration shall be conducted by one arbitrator. If the parties cannot agree on the selection of an arbitrator within 20 days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator will be selected by the American Arbitration Association pursuant to the terms of this agreement. The arbitrator shall have at least 6-10 years of experience in e-commerce disputes or the like and will have served at least 6-10 times or more as an arbitrator prior to this Dispute. The arbitrator's decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party's right to appeal the decision is limited to grounds provided under applicable federal or state law.
- Governing Law. The laws of the State of Minnesota will be applied in the proceedings, without regard to principles of conflict of laws.
- Award. The parties agree to abide by any award issued by the arbitrator and the judgement of any court with jurisdiction may be entered on the award.
- Arbitration Costs. The costs of the arbitration will be split by the parties unless otherwise determined by the arbitrator. The parties will be responsible for their own litigation fees. The arbitrator may award any fees or costs to the prevailing party pursuant to applicable statutes or case law in the jurisdiction.
- Miscellaneous. Except as expressly modified herein, the original contract remains unchanged and continues in full force and effect. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement. Neither party will be charged with any waiver of any provision of this Agreement, unless such waiver is evidenced by a writing signed by the party and any such waiver will be limited to the terms of such writing. Any modifications to this agreement must be in writing and notarized.
- Voluntary Agreement. EACH PARTY ACKNOWLEDGES THAT IT HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS ITS TERMS, AND AGREES THAT IT HAS KNOWINGLY AND VOLUNTARILY ENTERED INTO THE AGREEMENT WITHOUT RELIANCE ON ANY PROVISIONS OR REPRESENTATIONS BY THE OTHER, EXCEPT THOSE CONTAINED IN THIS AGREEMENT. EACH PARTY FURTHER ACKNOWLEDGES THAT IT HAS BEEN GIVEN THE OPPORTUNITY TO DISCUSS THIS AGREEMENT WITH PRIVATE LEGAL COUNSEL AND HAS UTILIZED THAT OPPORTUNITY TO THE EXTENT DESIRED.
Section 17 - Indemnification
You agree to defend, indemnify and hold harmless Hoch Steigen, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of our site, our products or any offerings, or any information obtained therefor other than as expressly authorized in this user agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify us of any third-party claims, cooperate with Hoch Steigen in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Hoch Steigen. You agree that the provisions in this section will survive any termination of your account, the agreement and/or your access to the offerings.
Section 18 - Link to Other Policies
Do not sell or share my personal information
Return, Exchanges & Refund Policy
Section 19 - Contact Us
Hoch Steigen welcomes comments, questions, concerns, or suggestions. Please contact us via our email at support@hochsteigen.com.
Hoch Steigen is located in the United States at 2412 6th St, NE, Minneapolis, MN 55418.