Introduction

1. The following terminology applies to these terms of use: “You” and “Your” refers to you, the person accessing this site and using its services. “We”, “Our” and “Us” refers to Tamio GmbH. Through our site available at www.plugnpaid.com (referred to as the “site”) we provide buyers and sellers (referred to respectively as “buyers” and “customers” and, together, “users”) with an e-commerce platform, plug&paid, (referred to as the “service”, “services”), that facilitates the sale and purchase between buyers and sellers of products and services (referred to as “ items” ) via a button, link or widget (referred to as “plug”, “plugs”). Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
   
   
2. The following terms of use manage the entire relationship and agreement between you and  Tamio GmbH. These terms of use are legally binding and apply whenever you access and/or use the services of the site. By accessing and/or using our site or services you agree to be bound by these terms of use, including those of 3rd party service providers.
   
   
3. You are not permitted to use the site or services if you are under the age of 18. By using our site or services, you warrant that you are over 18 years of age and that you understand that if you transact using our site or services that you are entering into a legally binding contract with another user.
   
   
4. If you do not agree to these terms of use, you may not access this site or use the services.
   
   
5. These terms of use may change from time to time. Updated terms of use will be posted on this site. Before using our site or services on any occasion you should always check whether these terms of use have changed. If you use our site or services, it is the latest version of these terms of use which are legally binding on you.

Data Privacy

We will only use your personal information and data in accordance with our Privacy Policy, which is published on our site, and with the privacy settings you select when you use our site or services.

Furthermore, we would like to inform you that we are completely GDPR-compliant. You can read our Data Privacy Addendum which outlines how we manage your data in accordance to GDPR rules. 

Using Plug&paid

1. Our site and services facilitate users to sell, and buyers to buy, items. You do not buy from, or sell to, us. We do not fulfil sales from sellers to purchasers. We cannot ensure that a buyer or seller will fulfil their obligations and complete a transaction.
   
   
2. When using our site or services, you agree that you will not:
   1. Violate any laws, any third party rights (including copyright or other intellectual property rights), or our policies.
   2. Use our site or services if you are under the age of 18, if you are not otherwise able to enter legally binding contracts, or if you are suspended from using our site or services.
   3. Fail to pay for items purchased by you.
   4. Fail to deliver items purchased from you.
   5. Post any material which is harmful, inappropriate, illegal, defamatory, libelous, offensive, indecent or is an invasion of privacy (and you agree that the decision as to whether any material falls within these categories will be made entirely by us, acting reasonably).
   6. Post any material that infringes any intellectual property right, including without limitation copyright, patent or trademark of any third party (and you agree that the decision as to whether any material falls within these categories will be made entirely by us, acting reasonably).
   7. Be disrespectful to other users (and you agree that the decision as to whether any behaviour falls within this category will be made entirely by us, acting reasonably).
   8. Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, viruses, pyramid schemes, or anything that may, in our reasonable opinion, harm, annoy or inconvenience the operation of Plug&paid or its users.
   9. Use scripts, bots or other automated technology to access, modify or scrape content from our site or services.
   10. Utilize recurring billing functionality without properly obtaining your customers’ consent to be billed in such a manner.
       
       
3. We are not responsible for any other websites that are linked through to our site or services. We do not endorse any content on those sites.
   
   
4. You agree that we can contact you from time to time, by email or otherwise, in relation to the operation of our site or services.
   
   
5. We reserve the right to display advertising or other content on any part of our site or services.
   
   
6. We do not claim any ownership rights to any material, files, or content such as images, text, video files or audio files made available for, or incidental to, any sale via our site or services. By publishing an item for, or incidental to, any sale you do provide us with a world-wide, royalty free, non-exclusive license to reproduce or edit that content for the purposes of promoting and using our site and services.
   
   
7. If you wish to delete content, we will make reasonable efforts to remove it from our site and services, but you acknowledge that caching or references to the content may mean that the content continues to be visible.
   
   
8. You agree that if you dispute a transaction you entered into with another user, you will contact the other user directly to resolve the dispute via the buyer/seller contact details provided via our email communication to you. You agree that we do not have any obligation to resolve the dispute between you and the other user regarding the transaction. We may choose to become involved in the dispute at our discretion, but we have no obligation to do so.

Sellers' Responsibilities

1. You cannot conduct the types of businesses or sell the types of products or services on plug&paid which are shown on our Prohibited Items and Business Activities
   
   
2. All plugs hosted by our site and services and their respective sales are deemed to occur on the seller's site and you, when you act as a seller, agree that that sale is governed exclusively by the laws of the country in which you or your business legally reside as registered by your local government authority.
   
   
3. When selling, you must comply with all applicable laws, regulations, standards, and codes of conduct, which apply to your sale. You are solely responsible for ensuring that you understand your obligations in this regard, and that you comply with those obligations. This includes, but is not limited to, your obligation not to sell illegal or copyright infringing products.
   
   
4. When selling, you are responsible for all applicable taxes that arise from your sale, including issuing a tax invoice if applicable.
   
   
5. We are not a party to the contract between you and the buyer. The contract of sale is directly between you and the buyer. It is your responsibility to ensure that goods and services are delivered / provided to the buyer at the agreed sale price and within the agreed time period.
   
   
6. It is your responsibility to report your VAT liabilities for all sales direct to the appropriate tax authority in your country of residence or where your business is registered.
   
   
7. When selling, you will not provide inaccurate, false or misleading information to plug&paid or to prospective buyers and you must promptly notify us if any previously supplied information becomes inaccurate, false or misleading. You must also notify prospective buyers, including by changing your sale information.
   
   
8. When selling, you may not collect data from users or otherwise use any data that is obtained from our site or services unless you have our written permission.
   
   
9. When selling, you agree not to offer for sale, sell, or post content which promotes tobacco products, illegal drugs, prescription medication, hazardous or restricted items, offensive material, counterfeit items, personal information in any form, police badges or uniforms, stolen property, shares, securities or other financial products, blood, bodily fluids or body parts, weapons, explosives, ammunition, obscene material, pornography, banned adult products, gambling/betting products or services, visa and/or immigration services, or copyrighted / branded goods that you do not own or have all the necessary rights to offer for sale or promote. You agree that the decision as to whether any item falls within any of these categories will be made by entirely us, acting reasonably.
   
   
10. When selling, you may only offer legal adult-orientated items, or regulated items, such as alcohol, via our site or services if you comply with all applicable laws, regulations and industry codes, including, but not limited to, restricting the content and sale to age verified users, and ensuring the products and services are not procured by persons under the legal age for purchase.
    
    
11. You must not download software or other code onto a user’s system without the consent of the user.
    
    
12. When selling you must make clear to prospective buyers the period for which the item is available, and by which time it will be delivered, as well as any terms of use that apply to the item, or any limitations or restrictions that apply. These should be outlined, for example, on the website hosting the plug and cart, or a social media page linking to your plug&paid cart. 

Buyers' Responsibilities

1. A buyer agrees that a purchase is within the laws of the country wherein the buyer resides and/or is registered for business and for purposes of jurisdiction is governed exclusively by the laws of the seller's country. All transactions via our site or services are deemed to occur in the seller's registered country of residence or the country in which the seller's business has been registered.
   
   
2. We are not a party to the contract between the buyer and seller. The contract of sale is directly between the buyer and the seller. It is the buyer's responsibility to ensure that payment for items is made to the seller at the agreed sale price and within the agreed time period.
   
   
3. The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

plug&paid Service

1. For transactions via our site or services, we will enable purchasers to pay for sellers’ items using secure gateways provided by payments systems like PayPal, Stripe and Bitpay.
   
   
2. Payment processing services provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a seller on plug&paid, you agree to be bound by the Stripe Services Agreement, and accept that they may be modified by Stripe from time to time. As a condition of plug&paid enabling payment processing services through Stripe, you agree to provide plug&paid accurate and complete information about you and your business, and you authorize plug&paid to share it and transaction information related to your use of the payment processing services provided by Stripe.
   
   Furthermore, plug&paid offers a subscription management and billing software service through Stripe. You acknowledge and agree that: (i) We are not a bank or other chartered depository institution; and (ii) We will not be holding any monies for you or your customers. Accordingly, you agree that we will not be responsible or liable for any amounts related to any credit-card or payment transaction of subscription services purchased via one of our merchants.
   
   
3. Payment processing services provided by PayPal are subject to the PayPal Acceptable Use Policy. By agreeing to these terms or continuing to operate as a seller on plug&paid, you agree to be bound by the PayPal Acceptable Use Policy, and accept that they may be modified by PayPal from time to time. As a condition of plug&paid enabling payment processing services through PayPal, you agree to provide plug&paid accurate and complete information about you and your business, and you authorize plug&paid to share it and transaction information related to your use of the payment processing services provided by PayPal.
   
   
4. Payment processing services provided by Bitpay are subject to Bitpay policies which include Bitpay Terms of Use. By agreeing to these terms or continuing to operate as a seller on plug&paid, you agree to be bound by the Bitpay policies and terms, and accept that they may be modified by Bitpay from time to time. As a condition of plug&paid enabling payment processing services through Bitpay, you agree to provide plug&paid accurate and complete information about you and your business, and you authorize plug&paid to share it and transaction information related to your use of the payment processing services provided by Bitpay.
   
   
5. If you wish to apply for an account to transact with other users via our site or services, you agree to:
   1. Complete all forms we may request, providing information which is true and accurate.
   2. Allow us to undertake identity, credit and any other checks we consider necessary to verify your identity and creditworthiness.
   3. Grant us sole discretion as to whether we will allow you to transact with other users.
   4. Take down and cease promotion and sale of any item or service if reasonably requested by us.
   5. Pay all fees associated with using our site and services.
      
      
6. In return for providing services that allow you to enter into transactions with other users via our site or services, we will charge you the seller, a flat rate monthly or yearly fee. See Pricing.
   
   
7. We will deduct the applicable service fee and charges directly from your PayPal, Stripe or Bitpay account. If automatic billing is disabled in your account it is your responsibility to renew the monthly/yearly subscription fee before your plugs automatically expire.
   
   
8. We retain the right to change our fees and charges from time to time at our sole discretion. We will take reasonable steps to inform users prior to any changes.
   
   
9. You acknowledge and agree that when we receive funds via our site or services we are acting merely as a convenient payment conduit for you. We are not your agent, and we are not required to enforce the payment of any funds via our site or services on your behalf.
   
   
10. We reserve the right to remove or rename a plug assigned to a plug&paid account that is deemed to be inappropriate or not applicable.
    
    
11. According to United States Internal Revenue Code, payment settlement entities are required to file an information return (e.g. 1099-K form) with the IRS, reporting all payment card transactions for United States based merchants occurring in that calendar year. United States based merchants acknowledge that we may at our sole discretion, report to the United States Internal Revenue Service the total amount of the payments you receive each calendar year as required by law.
    
    
12. You agree that we can provide disclosures and notices regarding our services to you by posting such disclosures and notices on your plug&paid account dashboard, emailing them to the email address listed in your plug&paid account, mailing them to the address listed in your plug&paid account, or posting them to our website. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices will be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.

Digital Content Delivery / File Hosting 

plug&paid assumes no liability for any of the data that is stored on the plugnpaid.com system, be it obscene, offensive, illegal, or if it is an infringement of property rights of anyone. Individual users are solely responsible for the file content they upload and store on this service. You are responsible for backing up your files and the sales of your files.  plug&paid acts solely as a technology provider to distribute your (digital) products and cannot be held responsible for unintended distribution due to incorrect configuration of your product(s) (e.g. wrong stock count, product title,  incorrect file/link) or the illegal distribution of copyrighted material to which you do not own any rights. Violations may result in the file being removed or your account being terminated without notice.

Quota

Each user is provided with 1GB of storage during their free Trial period.  All users will begin to receive email warnings when 80% of this quota is consumed.  When the quota is reached, no additional files can be uploaded. In order to upgrade your quota to 10GB, please contact Support.

plug&paid subscriptions and refunds

1. In order to purchase a plug&paid subscription plan, you must link one payment processor as provided by plug&paid. Your account is limited to one plug and one product in the free version and more plugs for more products will not be available for your use until full payment of your subscription has been received. By allowing plug&paid to authorize subscription payments for your account, you (i) are providing Checkout Information that it is true and accurate; (ii) authorize plug&paid to charge you for the applicable service; and (iii) authorize plug&paid to charge you for any other paid features of the applicable service that you choose to sign up for or use. You agree to provide plug&paid with updated Checkout Information upon plug&paid's request and any time the information earlier provided is no longer valid.
   
   
2. Regards automatic-billing, by authorizing plug&paid to charge your linked preferred payment processor for the subscription fees associated with your subscription plan, you are authorizing plug&paid to automatically continue charging that payment processor (or any replacement payment method account if the original account fails) for all fees or charges associated with your subscription plan including any renewal fees. You allow the payment processor to pay any amounts described herein and authorize plug&paid to continue to attempt to charge all sums described herein to your account until such amounts are paid in full. plug&paid will notify you in advance of any change in the amount to be charged for a recurring subscription.
   
   
3. You may withdraw your purchase of a specific subscription plan without giving any reason thereto provided that such withdrawal is made within 7 days of purchasing a paid subscription plan. You waive, to the extent permitted by applicable mandatory consumer protection law, any and all rights to withdraw from any purchase. Once the 7 days are over, your purchase shall be deemed final. Subscription plan purchases are non-refundable after this point.
   
   
4. By purchasing a subscription plan, you accept that your payment details are stored with plug&paid and/or its payment platform providers for the purpose of processing and completing the payment of the service.
   
   
5. plug&paid may, e.g. as part of a marketing campaign or similar, provide its service free of charge to certain users, e.g. on a trial basis. Specific terms of such offers shall be deemed included in these Terms of Use.
   
   
6. Once you commence a free trial period the trial expiry date is set from the date of the successful registration following an email verification. You can only utilize the offered trial period once.
   
   
7. On completion of the trial period stored payment details will be used to make further payments in line with the service subscription schedule and will continue until the service subscription is cancelled or the subscription payment cannot be debited.
   
   
8. The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
   
   
   • Exceptions include Lifetime deals which include(d) a 30-day refund policy from the date of purchase.
     
     
   • If you are paying your Lifetime subscription with installments, you may only request a refund 30 days after your first installment has been successfully debited by us. Succeeding installments will not be refunded! 
     
9. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Suspending and terminating your account

1. We may suspend or terminate your account and use of our site and services if:
   1. You breach these terms of use.
   2. You engage in any activity that breaches any law.
   3. We consider it necessary for any reason to protect us or our other users.
   4. We consider you to be disrupting or interrupting the site in any way, using multiple accounts, using proxy IP addresses, or in our opinion you represent a fraud risk.
      
      
2. If your account is terminated, we may elect at our discretion to permanently delete all your plugs and products including their respective data and it will not be able to be recovered or accessed again.

Liability and indemnity

1. We do not warrant that our site or services are error, virus or fault free. Due to the nature of the internet, outages may occur and we may need to restrict or suspend access to this site or our services from time to time. We do not warrant that our site or services will always be available or that they will operate in an uninterrupted manner. We cannot guarantee the accuracy of information provided on this site and we do not warrant that information will be transmitted in a reliable, timely or accurate manner.
   
   
2. Except for certain consumer protection guarantees that cannot be excluded, we (including our related bodies corporate) do not make any warranties or guarantees with respect to your use of this site or our services. Other than claims available to you under consumer protection laws or as otherwise set out in our agreement with you, we (including our related bodies corporate) are not responsible or liable for any transactions you enter into via this site.
   
   
3. Except for claims available to you under consumer protection laws and to the extent we are able to under law, we exclude all liability to you (including for negligence) in relation to our agreement with you and your use of this site, for any loss or damage including, but not limited to loss of profits, loss or corruption of data, loss of reputation, business or opportunity or for any type of special, direct, indirect, incidental or consequential loss or damage which you or a third party may incur.
   
   
4. To the extent we can under consumer protection laws and other laws, our (including our related bodies corporate) liability to you is limited to the repairing or resupplying of our services.
   
   
5. To the extent we are liable in relation to the use of, or a transaction made via, this site whatsoever, we do not accept any liability for damages resulting from non-payment or delay in payment of a purchase to a seller or failure to deliver the goods of a sale to a buyer. 
   
   
6. You indemnify us and our related bodies corporate against any claims, loss, liability or damage (including legal costs) we or our related bodies corporate may incur as a result of your use of this site or our services (including but not limited to transactions made, or attempted to be made, via this site or our services), your content being on this site or our services, your breach of your agreement with us, and from any claims from third parties (including but not limited to your customers).
   
   
7. You hereby waive any claim against us, and release us from any liability, in relation to any transaction you enter into with any buyer or seller using our site or services. You agree that such transactions are contracts between you and the buyer or seller, as the case may be, and they we are not a party to, or agent of any party to, those contracts.

Affiliate Program 

1. Although we auto-approve new user registrations this does not imply that we cannot cancel your membership if we determine that your site is unsuitable for our Affiliate Program, including if it:

   • Promotes sexually explicit materials 
   • Promotes violence 
   • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
   • Promotes illegal activities 
   • Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law 
   • Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion. 
   • Contains software downloads that potentially enable diversions of commission from other affiliates in our program. 
   • You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are plugnpaid.com or any other affiliated business.
     
     
2. As a member of plugnpaid.com, you will have access to the Affiliates Section. Here you will be able to download HTML code for the banner creatives and view/copy your unique referral link. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
   
   
3. We reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
   
   
4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
   
   
5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyright work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
   
   

6. Affiliate Commissions

   For a sale to generate a commission to an Affiliate, the customer must complete the registration form and remit full payment for one of the available paid subscription plans at the time of registering. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.

   Since plug&paid subscriptions work on a recurring payment schedule, Affiliates will continue to accumulate commissions for each paid transaction by the referred customer for as long as the customer remains a paying customer. 
   
   You cannot refer yourself, and you will not receive a commission on your own accounts. 
   
   Payments will only be sent for subscription upgrade transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
   
   

   If you are running your own Affiliate Program hosted on plugnpaid.com, as an Advertiser (Merchant) you must take full responsibility to ensure the commission payment of the Affiliate. plug&paid takes no responsibility or liability in the event that Affiliate fails to arrange or collect payment from the Advertiser (Merchant).
   
   

7. Payment

   An Affiliate can request a payment withdrawal when their balance reaches a minimum balance of $15 USD for PayPal or $100 USD for Bank Wire Transfer. Payment processing can take up to 30 days from the request date.

   We are not responsible for any losses incurred should you provide us an incorrect PayPal address or Bank account number (IBAN).
   
   

8. Refunds

   In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.

Fair Usage Policy

Agency Plans & Limitations

1. Agency account limitations apply should  Tamio GmbH deem an abuse or violation of our terms has occurred.

2.  Tamio GmbH reserves the right to adjust the Agency plan limits or add new limits on the number of transactions per month at any time, if we encounter scaling issues.

Shipping Carrier Services

The Shipping Carrier Services built-into plug&paid allows you access to United States Postal Service (“USPS”), United Parcel Service of America, Inc. (“UPS”), Fedex Corporation, Inc. ("Fedex") and DHL Express (Germany), GmbH. (“DHL” and each of USPS, UPS, Fedex and DHL a “Carrier” and together the “Carriers”) shipping services to assist you with fulfillment for your plug&paid orders.

1. Tamio GmbH serves only as an intermediary between you and the applicable Carrier, allowing you to access shipping services as provided by the individual carrier services through an integrated third-party API (RocketShipIt LLC) whose results are displayed within the plug&paid user interface and shopping cart. Services include: Calculated Rates, Postage Label Generation and Track&Track, or similar services.
   
   You are responsible for shipping to your customers.  Tamio GmbH, and its affiliated websites, is not responsible to pick up, transport, deliver or otherwise deal with your shipment.
   
   
2. Your use of USPS postage is subject to, and you are responsible for compliance with, all applicable USPS rules. See Shipping Restrictions for more information about what you are and are not permitted to ship through USPS, and Mailing Standards for packaging and labelling requirements.
   
   
3. Your use of DHL shipping is subject to, and you are responsible for compliance with, all applicable DHL rules. See DHL’s Terms and Conditions of Carriage for the terms and conditions governing your shipment with DHL.
   
   
4. Your use of UPS shipping is subject to, and you are responsible for compliance with, all applicable UPS rules. See the UPS Rate and Services Guide and Tariff as well as the UPS Technology Agreement for the terms and conditions governing your shipment with UPS.
   
   
5. Your use of Fedex shipping is subject to, and you are responsible for compliance with, all applicable Fedex rules. See Fedex Terms of Use for the terms and conditions governing your shipment with Fedex.
   
   
6. You are responsible for compliance with all local and international shipping and customs regulations.
   
   
7. All Shipping Carrier Services used must be associated with plug&paid orders. Labels may not be transferred or sold to a third party. You are permitted to charge or pass through your shipping costs to your customers at your discretion.
   
   
8. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Shipping Carrier Service, use of the Shipping Service, or access to the Shipping Service without the express written permission by  Tamio GmbH.
   
   
9. You may not use the Shipping Carrier Services for any illegal or unauthorized purpose. You may not, in the use of the Shipping Services, violate any laws in your jurisdiction, the European Union and those deemed applicable under German Law. 
   
   
10. Tamio GmbH will not be responsible for any local customs charges, import taxes or duties or any similar charges related to your shipments. You must figure out whether any of these charges will become due, and arrange for their payment. If any such charges become due as a result of your use of the Shipping Carrier Services and are charged to  Tamio GmbH by any competent authority, you agree to reimburse  Tamio GmbH fully in respect of the same within 7 days of our demand.
    
    
11. TAMIO GMBH PROVIDES ACCESS TO SHIPPING SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,  TAMIO GMBH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SHIPPING CARRIER SERVICES. TAMIO GMBH DISCLAIMS ALL CONDITIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. TAMIO GMBH SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF SHIPPING CARRIER SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SHIPPING CARRIER SERVICES. IN NO EVENT SHALL  TAMIO GMBH's ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE SHIPPING CARRIER SERVICES.
    
    
12. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Tamio GmbH partners, associated websites, officers, directors, agents, and employees, harmless from any liability, expense, loss, claim or demand, including reasonable attorneys’ fees, arising out of or in any way connected with any unauthorized use of the Shipping Service, your breach of these Terms or the documents it incorporates by reference, your violation of any law or the rights of a third party, any data uploaded by you or on your behalf, or any of your actions or omissions related to the Shipping Carrier Services.
    
    
13. Any use by you of Shipping Carrier Service is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which shipping services are provided by the USPS, UPS, Fedex and DHL.
    
    
14. It is your responsibility to enter true and correct weights and dimensions for your product(s). We are not liable for incorrectly displaying wrong rates in the shopping cart as a result of your input mistakes. 
    
    
15. Automated shipping-rates are approximations provided by the individual carriers and additional costs may apply. Please check directly with the carrier or on their website if you are unsure about the costs. 

General

1. Any failure by us to enforce any aspect of our terms of use set out in our agreement with you is not a waiver of our rights to enforce those terms of use.
   
   
2. If a term of our agreement with you is unenforceable or void, that term can be severed and the rest of the agreement with you will continue to apply.
   
   
3. Our agreement with you does not create a partnership, agency, employment or other relationship between you and us. Also, nothing contained on our site shall be interpreted as advising you.
   
   
4. This site or service includes IP2Location LITE data available from http://www.ip2location.com.
   
   
5. We employ the use of cookies. Cookies are used by our site to enable the functionality of certain areas and to make it easier for people visiting our site. Some of our affiliate/advertising partners may also use cookies. By accessing the site, you agree to the use of cookies in agreement with our Privacy Policy.
   
   
6. Use of the site and services is governed by the laws of the Germany without regard to any conflict of law principles. Any legal action or proceeding relating to the use of the site or services must be instigated in the courts of Germany, which have exclusive jurisdiction. 
   
   
7. If you need to contact us for any reason you can contact us at .

Language of these Terms

1. Where Google has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Tamio GmbH.
   
   
2. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence