Welcome to Raush.
Raush’s service (the “Raush Service”) is located at rau.sh and is operated by Street Life GmbH, with our headquarters at Neugasse 12, 6300, Zug, Switzerland and its subsidiaries (collectively, “Raush,” “we,” “our,” or “us”). The Raush Service provides sellers with the ability to design and customize custom products, merchandise, and digital products (collectively “Merchandise” or “products”) and buyers with the ability to find and purchase high-quality, unique Merchandise. All visitors to the Raush Service, Creators, and buyers are referred to herein as “you”.
*Please note that if you are located in Europe (including the United Kingdom) then the sections marked with an asterisk do not apply to your use of the Raush Service. Please see Additional Terms for European Users below for additional terms which apply to your use of the Raush Service.
A. Use of the Raush Service
- Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Raush of any unauthorized use of your password or account or any other breach of security. Raush reserves the right to terminate accounts and/or listings that are inactive for six (6) months or more.
- Multiple Member Accounts Prohibited: Operating and maintaining multiple member accounts is prohibited. If you have a legitimate business need for a second account, you can apply for an exception to this policy by following the process outlined in Raush ’s Creator Resources.
- Misuse of Member Account: If you repeatedly upload excessive amounts of data, engage in fraud or other illegal activity, infringe any third party rights, fail to comply with the Terms of Service or any other Raush policies, Raush may, in its sole discretion, cancel your listings, suspend your use of Raush tools and reports, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account.
- Travel Booking Services: any travel products including flights, hotels, activities, shuttles or similar products (collectively, “Travel Products”) make available through the Raush Service may be governed by specific rules that are in addition to the Terms of Service. By participating in any Travel Products, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.
- Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Raush Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.
- Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Raush Service only with the approval of your parent or guardian.
- Applicable Laws: In connection with your use of the Raush Service, you will comply with all applicable laws, regulations and industry standards.
- Communications: You agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Raush Service. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Raush Service or by sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (i.e., to withdraw your consent from receiving electronic notice), please notify us at email@example.com.
- General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by Raush in connection with your use of the Raush Service. Raush may establish general practices and limits concerning use of the Raush Service. Raush reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.
B. Sellers: Creation and Implementation of Product Listings
The Raush Service allows sellers to create product listings and sell custom physical and digital Merchandise through those listings. Following are specific obligations concerning the initiation of any listing. To the extent any listing violates these Terms of Service, we may choose to terminate, delay or modify the listing at our discretion. For additional information about the Raush Service, please refer to Raush ’s Frequently Asked Questions portal.
- Your Right to Implement a Listing: By creating a listing through the Raush Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and implement the listing (“Listing Rights”), including any rights relating to the name, description, images, text or URL used for the listing. You will provide Raush with evidence of your Listing Rights upon request.
- Raush does not claim any ownership rights in the content you upload to the Raush Service. Please be sure you maintain copies of all of your work. Raush has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Raush Service.
- For travel products promoted by you through the Raush Service, Raush operates an online marketplace where Raush sellers can sell operators (hotels, airlines, activities & shuttles) and Raush customers can purchase travel products. Raush helps manage ticketing and registration on your behalf, however Raush is not the host, creator, or organizer of such travel products. You agree that you are the organizer of your travel products, however you do not own the operators inventory, and you are solely responsible for providing the travel product (including the third-party platform) and ensuring that the travel product is delivered as described. You are also responsible for all activities related to your travel product that take place off the Raush Service. Raush retains all ownership rights in any travel products created by Raush creators which may not be used by you, other than in connection with your listings on the Raush Service, without Raush ’s express written consent.
- For the purpose of implementing and fulfilling your listing and for the purpose of advertising the Raush Service in any medium Raush chooses, you hereby grant Raush a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Listing Rights to copy, display, distribute, modify the content you upload to the Raush Service (including all related images, text, content and information).
- Raush, in its sole discretion, may make promotional offers with different features and different pricing to any of Raush ’s sellers. These promotional offers, unless made to you, will not apply to you or these Terms. For example, Raush may make different digital product file types available to sellers who achieve a certain level of sales.
- Acceptable Use: Your use of the Raush Service, including the creation and implementation of product listings, is subject to these Terms of Service (including our Acceptable Use Policy).
- National College Athletic Association (“NCAA”) and Other Amateur Organizations: If you are or may become subject to NCAA rules and regulations or those of any other association, group, authority or organization, you represent and warrant that you have checked the rules and regulations to verify and confirm that your participation on our Site does not or will not affect your current or future eligibility with respect to any such association, group, authority or organization.
- Indemnity: To the extent any listing launched by you or launched via your Raush account violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that Raush has the right to withhold and redirect any funds collected relating to the listing, which funds will be disbursed based on Raush ’s internal policies (for example, Raush may give the funds to a charity where a listing falsely states it is raising funds for that charity, or Raush may apply such funds to any judgment or settlement, and/or the reimbursement of Raush ’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with Raush in such activities. Without limiting the foregoing, you also agree to indemnify and hold Raush harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.
- Quality of Artwork and Promotions: Each listing must meet reasonable production standards (e.g., a listing may not include a low-quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the Raush Service, must be accurate and correct and must not include any content concerning non-Raush activities, events, products, services or promotions.
- Proceeds from Listing: If you create a listing for products through the Raush Service, Raush will charge you a “base price” for each product that it makes available to you for your listing. You will be responsible for setting the price you charge consumers for each product. Once your listing is launched and products are sold, you will earn the difference between the base price and your sale price, less returns. You may request payout through your dashboard at any time. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the Raush Service. Prior to receiving your payout, you may be required to provide additional information to Raush as needed by Raush to comply with its reporting obligations.
- Partnership Disputes: If you work with other people on your listing, and there is a dispute between you and your partners, even though Raush receives notice of the dispute, Raush is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, Raush may withhold payouts until the dispute is resolved, in Raush ’s sole discretion.
- Charities/Fundraising: You represent and warrant that any listing you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your listing description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.
- Raush Right to Lower Sales Goal: You will be able to set the “sales goal” for each listing. You agree that Raush may, in its sole discretion, begin to fulfill orders before your sales goal is met.
C. Intellectual Property Complaints
- Infringement Claims Between Raush Users, Waiver of Claims: As a condition of using the Raush Service, you agree to submit any and all infringement claims against Raush users (so called “Copycat Claims”) pursuant to Raush ’s existing policies and procedures governing such claims. You further agree, as a condition of using the Raush Service, to waive any and all claims against Raush arising from alleged infringement by you or another Raush user. In addition, you understand that Raush may release your contact information to any Raush User that satisfactorily alleges a violation of its rights under this section.
- Infringement Claims by Third Parties: Raush takes any allegations of infringement seriously. If Raush receives any complaint or allegation that you’re listing or any resulting Merchandise constitutes an unauthorized use of a third party’s rights, you understand that Raush may terminate or delay your listing, in its sole discretion. In addition, you understand that Raush may release your contact information to any third party that satisfactorily alleges a violation of its rights.
- Raush will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Raush user has infringed upon your rights, please notify Raush through our Intellectual Property Claim page. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.
You must include with your notification the following information.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed.
- The URL to the Raush listing(s) used in connection with the sale of the allegedly infringing Merchandise.
- Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations).
- Your full name, address, telephone number(s) and email address(es).
- A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
- A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
- Repeat Infringer Policy: Raush has adopted a policy of terminating, in appropriate circumstances and at Raush ’s sole discretion, users who are deemed to be repeat infringers. Raush may also at its sole discretion limit access to the Raush Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.
D. Purchasing of Merchandise or Creator Tools
- Ordering and Availability: Merchandise may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us. Your order constitutes an offer to us to buy the Merchandise ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. In the event we do not accept an order we will inform in writing of our decision. You do, however, acknowledge that by placing the order, you enter into an obligation to pay for the Merchandise.
- Order Confirmation: Where we accept your order, we will confirm such acceptance by sending you a dispatch confirmation email or email on which the digital product is available for download (Order Confirmation). The contract in relation to the Merchandise ordered (Contract) will only be formed when the Order Confirmation is sent. After entering into the Contract, we will be under a legal duty to supply you with goods and/or digital products that are in conformity with the Contract.
- Creator Tools: Raush offers certain Raush Services for Creators (each a “Creator Tool”). The Creator Tools are optional services designed to help Creators maximize their sales performance. Each Creator Tool is offered on either a purchase or a subscription basis and subject to service- specific term and conditions. Creator Tools that are offered on a subscription basis shall be referred to herein as “Subscription Services”. Creator Tool purchases and subscriptions can be purchased and managed within and through the Creator’s dashboard by navigating to the individual Creator Tool pages.
- Purchases of Digital Products: After you purchase a digital product, Raush will email a download link for the digital product to the email address associated with your account as soon as Raush accepts your order. The download link will be available for as long as the digital product is made available for purchase. If your download link has expired, you may contact Raush customer support for assistance, but Raush makes no guarantee that the digital product you purchased will still be available. If you purchase a digital product through the Raush Service, you are granted a perpetual, worldwide license to use that digital product for personal purposes, except that you may not display that digital product for download or export, re-sell, license, or otherwise distribute such digital product for profit, including through other print-on-demand services. You hereby agree not to use any digital product purchased through Raush in any manner that competes with Raush ’s business. Raush may require you to update digital products, provided that the digital products shall always match the description provided to you before you bought it.
- Online Events: Raush operates a service enabling you to purchase tickets for online events organized by event sellers. Raush helps manage ticketing and registration for online events promoted through the Raush Service on behalf of event sellers, however Raush is not the host, creator, or organizer of any online event posted by a seller. The seller is the organizer of the online event and is responsible for providing the event (including the third-party platform for hosting or streaming the event) and ensuring that the online event is delivered as described. You acknowledge that Raush is not responsible for online events that take place off the Raush Service. You are responsible for providing a valid email address for delivery of tickets and ensuring you are able to receive delivery of the tickets. Raush shall not be liable for, and you will not be entitled to any refund where delivery is failed as a result of your failure to provide correct and complete information. Tickets may be sold subject to certain restrictions. Any such restrictions will be displayed or otherwise notified to you before or at the time of booking. It is your responsibility to ensure that you read all notifications and other information displayed or notified to you as part of the purchase process. You may not resell or transfer your tickets. If an event is cancelled, rescheduled or materially altered, we will use reasonable endeavors to notify you once we have received the relevant information and authorization from the relevant event seller. Nothing in this section affects your legal rights.
- *Loss and Cancellation: Title and risk of loss for all Merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any Merchandise for any reason. *
- Returns: You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods, they are produced specifically for you once you place an order. We do not hold stock and would not, but for your order, have produced the goods. You further agree that you do not have a right to change your mind with respect to digital products purchased by you. Other than where goods, including digital products except for NFTs, are faulty, you have no right to cancel any order or return any goods and all orders are final. Nothing in this section affects your legal rights.
- *Waiver: Your purchase of an item using the Raush Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase. *
E. Price and Payment Processing
- Price: The price of Merchandise is as quoted on the Raush Service from time to time. Raush reserves the right to determine pricing for the Creator Tools (the “CT Fee”). Raush will make reasonable efforts to keep CT Fee information published in the Creator dashboard, please see the Creator Tools page in your dashboard for more details. Raush may change the CT Fees for Creator Tools by providing advance notice of change before such charges apply. All CT Fees are in U.S. Dollars and are non-refundable unless otherwise specified herein.
- Auto-renew Subscription: The “Subscription Billing Date” is the date when you purchase your first subscription to a Subscription Services. The Subscription Services begin on the Subscription Billing Date and continue for the applicable subscription period (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel, or we terminate your access to the Subscription Services. By subscribing to a Subscription Services, you authorize Raush or its Payment Processor (defined below) to periodically charge the Subscription Fee on a going- forward basis for each Subscription Period before the payment due date– until cancellation or termination of your access to the Subscription Services. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of the Subscription Services for all applicable fees and taxes for the next Subscription Period.
- Auto-renew Authorization: You authorize Raush to charge all Subscription Fees for the Subscription Services to which you subscribe, including all applicable taxes, to the payment method you specify. Raush or Payment Processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide. All Subscription Fees for Subscription Services will be processed as set forth below.
- Payment Processing: We may use a third-party payment processor (“Payment Processor”) to process your payments for Merchandise or Creator Tools. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By clicking the “Buy now” or “Subscribe” button on the checkout page, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any Merchandise or Creator Tools ordered in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (“Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
- Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor or otherwise, do not receive payment from you, you agree to pay all amounts due upon demand. Fees will be charged in the local currency of your shipping address. You are responsible for paying all fees and applicable taxes associated with the Merchandise or Creator Tools ordered in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. If your Payment Method is not authorized or accepted, Raush reserves the right to cancel your order with no further liability or obligation to you. Raush reserves the right to stop accepting credit cards from one or more issuers at any time.
- Cancelation of Subscription Services: You may cancel the Subscription Services at any time by navigating to the “My Purchases” section of your user dashboard, clicking the “Manage” button associated with the Creator Tool, and selecting “Cancel” or by contacting us at firstname.lastname@example.org. You must cancel your Subscription Services before it renews in order to avoid billing of the next periodic Subscription Fee to your account. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGES FOR THE NEXT SUBSCRIPTION PERIOD.
- Delinquent Accounts: Raush may suspend or terminate access to the Raush Services, for any account for which any amount is due but unpaid. In addition to the amount due for the Raush Services, a delinquent account may be charged fees or charges that are incidental to any chargeback or collection of any the unpaid amounts, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Raush reserves the right to immediately terminate your access to the Subscription Services.
F. Raush ’s Proprietary Rights
Service Content, Software and Trademarks: You are only authorized to use the Raush Service for the purpose of engaging in business transactions with Raush. You may not use any automated technology to scrape, mine or gather any information from the Raush Service or otherwise access the pages of the Raush Service for any unauthorized purpose. If you are blocked by Raush from accessing the Raush Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Raush Service or distributed in connection therewith are the property of Raush, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The Raush Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Raush, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Raush Service or the Service Content, in whole or in part. Any use of the Raush Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Raush.
The Raush name and logos are trademarks and service marks of Raush (collectively the “Raush Trademarks”). Other company, product and service names and logos used and displayed via the Raush Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Raush. Nothing in these Terms of Service or the Raush Service should be construed as granting any license or right to use any of Raush Trademarks displayed on the Raush Service, without our prior written permission in each instance. All goodwill generated from the use of Raush Trademarks will inure to Raush ’s exclusive benefit.
- Third Party Material: Under no circumstances will Raush be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third-party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.
- Raush may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Raush , its users or the public.
G. Third Party Websites
The Raush Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Raush has no control over such sites and resources and Raush is not responsible for and does not endorse such sites and resources. Raush will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Raush Service are between you and the third party, and you agree that Raush is not liable for any loss or claim that you may have against any such third party.
H. *Disclaimer of Warranties
YOUR USE OF THE RAUSH SERVICE IS AT YOUR SOLE RISK. THE RAUSH SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, RAUSH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY LISTING, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. *
I. *Limitation of Liability
RAUSH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL RAUSH ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID RAUSH OR RAUSH HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. *
Raush, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Raush Service and remove and discard any content within the Raush Service, for any reason. Further, you agree that Raush will not be liable to you or any third party for any termination of your access to the Raush Service.
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit Raush in any way and will not attempt to do so or imply that you have the right to do so.
L. Governing Law
For users located in the United Kingdom or European Union: These Terms of Service will be governed by the laws of Switzerland, without regard to its conflict of law provisions except that (if you are a consumer and not a business user) and if you live in a country of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of Swiss law.
Subject to the next paragraph you agree that any disputes between you and Raush regarding these terms will only be dealt with by the Swiss courts except that (if you are a consumer and not a business user) and if you live in a country of the European Union other than England, you can choose to bring legal proceedings either in your country or in Switzerland, but if we bring legal proceedings, we may only do so in your country. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution. We are not required to comply with any alternative dispute resolution under this platform.
For all other users: These Terms of Service will be governed by the laws of the State of Zug in Switzerland without regard to its conflict of law provisions. With respect to any disputes, you and Raush agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Zug Switzerland. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
These Terms of Service constitute the entire agreement between you and Raush and govern your use of the Raush Service, superseding any prior agreements between you and Raush with respect to the Raush Service. The failure of Raush to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Raush, but Raush may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Raush may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Raush Service.
N. Notice for Users in California
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Raush (Street Life GmbH, Neugasse 12, 6300, Zug, Switzerland).
O. Additional Terms for European Users
Our liability: Nothing in these Terms of Service shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence.
- for fraudulent misrepresentation; or
- for any other liability that, under consumer protection or other law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising out of or in relation these Terms of Service or the Raush Service shall not, exceed the amount you have paid Raush or Raush has paid you in the last six (6) months, or, if greater, one hundred Euros (€100) and is strictly limited to losses that were reasonably foreseeable.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control.
Buyers: Purchasing of Merchandise: Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due as set out when you view the items in your shopping basket, once you have selected your chosen different delivery method. Our VAT registration number is CHE-144.279.256.
Faulty Merchandise: If you are a consumer, once we accept your order for Merchandise, we are under a legal duty to supply products (including digital products) that are in conformity with these Terms of Service.
If any Merchandize you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe any Merchandize was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.
Nothing in this section affects your legal rights.
Merchandise information: While we have taken reasonable steps to depict Merchandise as accurately as possible on the Site, the photographs and other images of Merchandise featured on the Site are created and designed by the relevant sellers of such Products and the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Merchandise when you receive it.
Questions? Concerns? Suggestions?
Please contact us with any questions regarding these Terms of Service or the Raush Service.
Raush (Street Life GmbH)
8006, Zug, Switzerland
Updated on May 15th 2022