Refund policy
1. General Notices, Normative Framework, and Reservation of Interpretation
Subject to the express, continuously maintained, complete, and unrestricted reservation of all mandatory, dispositive, supplementary, and otherwise applicable provisions of European, national, and, where applicable, supranational consumer, contract, commercial, and civil law, including, but not limited to, provisions regarding rights of withdrawal, return claims, refund procedures, exchange options, warranty and defect rights, limitations of liability, allocations of burden of proof, information, retention, cooperation, communication, and documentation obligations, as well as all ancillary obligations, supplementary regulations, exceptions, transitional provisions, or special circumstances connected thereto in the broadest sense (sensu lato), which may be expressly, implicitly, or tacitly contained (expressis verbis, per facta concludentia, or tacite) in this policy, the General Terms and Conditions, other contractual documents, or accompanying communications, the material and personal scope of application of this policy is hereby determined solely for informational purposes, without prejudice and without constitutive effect (sine praeiudicio), whereby all interpretations shall be carried out mutatis mutandis, in good faith (bona fide), and with due regard to customary commercial practice.
2. Return Period, Commencement of Time Limit, and Conditional Accrual of Claims
Customers may—subject to the complete, proper, and timely fulfillment of all material and formal requirements—submit a return request within a period of fourteen (14) calendar days from the verifiable actual receipt of the goods (dies a quo), it being expressly clarified that the mere submission of such request neither establishes any entitlement to approval, processing, nor reimbursement unless otherwise stipulated in this policy and unless all requirements are fulfilled cumulatively, not alternatively, not optionally, and not retrospectively curable, unless their non-fulfillment would be legally irrelevant, which, in case of doubt, shall be presumed not to be the case (in dubio contra emptorem).
3. Return Conditions, Allocation of Risk, and Notice
The granting of a possibility to return delivered goods—which is to be understood purely declaratorily, clarifyingly, restrictively, normatively conclusively, and under the express exclusion of any implied, supplementary, teleological, or systematic extension—does not, under any conceivable doctrinal classification, constitute a contractually owed primary or secondary obligation, ancillary obligation, duty of care, protective duty, duty of consideration, duty of clarification, information duty, cooperation duty, obligation, condition precedent or subsequent, nor, in particular, any enforceable, actionable, or even latently justiciable claim, regardless of whether such asserted claim is based on dispositive or mandatory law, supplementary contractual interpretation, commercial custom, trade practice, case law, principles of legitimate expectation, or any other general clauses (ex contractu, ex delicto, ex lege, ex quasi contractu, ex aequo et bono).
Rather, it constitutes exclusively a unilateral, voluntary, revocable at any time and without stating reasons, non-transferable, non-assignable, non-pledgeable, non-attachable, non-heritable, non-analogically applicable, non-prejudicial, and non-preclusive gesture of goodwill sui generis, which is incapable of establishing either legal self-binding effect, factual expectations, or legitimate reliance (beneficium ex mera liberalitate; revocatio ad nutum; nulla obligatio sine causa).
Any contrary assumption is excluded (argumentum e contrario), impermissible (contra legem), and irrelevant (non liquet).
The exercise of this goodwill option requires—as a conditio sine qua non, as a mandatory constituent prerequisite, and as an irrevocable access threshold—the complete, cumulative, gapless, contradiction-free, formally and materially proper, internally consistent, and in every respect evidentially suitable fulfillment of all normatively established criteria, whereby the burden of presentation and proof rests solely and without limitation upon the buyer (actori incumbit probatio; onus probandi integraliter penes emptorem).
The existence of even minor factual, legal, economic, evaluative, hypothetical, or prognostic doubts regarding the existence, extent, intensity, duration, causality, imputability, or relevance of individual requirements shall ipso iure and ipso facto, and without further substantive examination, result in the definitive exclusion of return eligibility (in dubio contra emptorem; dubium nocet ei qui agit; praesumptio contra reum).
Any reversal of the burden of proof, secondary burden of substantiation, facilitation of evidence, or analogous application of consumer-protective standards shall—where legally permissible—apply neither directly nor indirectly (analogiam non recipit).
Without prejudice to the general principles pacta sunt servanda, bona fides, diligentia quam in suis, usus mercatorum, autonomia privata, and the standard of the bonus pater familias in its commercially heightened form, return eligibility shall exist exclusively if, at the time of its actual, complete, continuously documented, and unquestionably attributable receipt by the seller, the goods are in a condition which, in every conceivable factual, legal, economic, technical, functional, structural, physical, chemical, molecular, sensory, aesthetic, hygienic, documentary, and abstract commercial-law respect, is entirely identical to the condition of a factory-new, unused, unaltered, untouched, fully marketable item that can be immediately resold without any additional inspection, cleaning, refurbishment, documentation, valuation, requalification, or depreciation effort whatsoever (status quo ante; res integra; conditio pristina; aptitudo ad commercium absoluta; idoneitas mercatoria integra et immediata).
Any deviation whatsoever from new condition—including deviations that are microscopic, molecular, gradual, latent, reversible, technically remediable, economically marginal, detectable only through specialized expertise, measuring instruments, laboratory analysis, or merely theoretically conceivable—shall, without further balancing of interests, assessment of reasonableness, or proportionality review, result in the definitive exclusion of return eligibility (summum ius, strictum ius; dura lex, sed lex).
It is irrelevant in particular whether any impairment results from intent, negligence, coincidence, force majeure, third-party fault, manufacturing tolerances, or natural aging processes (casus fortuitus; vis maior; res perit emptori).
The sole determining factor is the abstract, immediate, unrestricted, cost-neutral, and seller-independent ability to remarket the goods.
This includes, in particular but not exhaustively, any form of actual, partial, temporary, or merely potential use; any trace of wear, material fatigue, structural, chemical, or physical alteration; any functional impairment; odor formation; contamination; microbiological or particulate contamination; exposure to moisture, temperature, light, pressure, electromagnetic radiation, or other environmental factors; as well as any optical, tactile, acoustic, or other sensory deviation.
Even purely hypothetical reductions in market value or mere doubts concerning originality or integrity shall suffice to exclude return eligibility (praesumptio contra emptorem; dubium semper nocet).
Furthermore, return eligibility requires the complete, undamaged, unaltered, functional, legible, identifiable, authentic, and internally complete return of all components attributable to the goods (integritas, identitas, unitas et constantia rei; universitas rerum).
This includes, in particular, all inner packaging, outer packaging, and overpackaging; inserts; protective and security elements; films; seals; labels; serial numbers; accessories and spare parts; cables; adapters; power supplies; data carriers; software components; license keys; manuals; safety and warning notices; warranty documents; registration documents; as well as all purchase, payment, delivery, and shipping documentation and any other documents or information carriers, regardless of their material or immaterial nature, insofar as they objectively, customarily in trade, or even potentially appear suitable for purposes of identification, authentication, classification, traceability, compliance documentation, or further utilization (omnia quae ad rem pertinent vel pertinere possunt, sive actu sive potentia).
The absence, damage, alteration, or incompleteness of even a single component shall mandatorily, without exception, and irrespective of economic insignificance, result in exclusion of return eligibility (totalitas obiecti contractus).
All costs, risks, dangers, burdens, obligations, and duties of cooperation associated with the return shipment shall be borne exclusively by the buyer (periculum est emptoris; casum sentit dominus), irrespective of foreseeability, avoidability, reasonableness, or economic relevance.
Any liability of the seller for acts, omissions, or failures of transport companies or other third parties is excluded to the extent legally permissible (culpa in eligendo et in custodiendo excluditur; nemo tenetur ultra posse).
Refunds shall occur exclusively after complete receipt of the goods and following a comprehensive, multi-stage, technical, visual, sensory, administrative, accounting, and audit-proof inspection process, the duration of which is neither fixed nor determinable (tempus incertum; mora non imputatur).
No entitlement exists to the completion of such inspection within any fixed or determinable period.
The refund shall be made via the payment method originally used within a reasonable, though not calendar-fixed, period, subject to any delays caused by payment service providers, banks, clearing institutions, or other intermediaries (casus fortuitus; impossibilium nulla obligatio est).
Additionally—and with equal normative status—it shall apply that, upon conclusion of the purchase contract, in particular through submission and confirmation of the order and at the latest upon activation of a button expressly designated as constituting consent (“order with obligation to pay” or functionally equivalent wording), the buyer legally acknowledges the currently valid General Terms and Conditions in their entirety, including all provisions contained therein concerning the exclusion, restriction, modification, or specification of any return, withdrawal, or refund rights (consensus ad idem; pacta sunt servanda).
Such consent is given expressly, consciously, voluntarily, and with awareness of its legal implications; any later objection based on lack of knowledge, failure to read, misinterpretation, or subjective unreasonableness is excluded (ignorantia legis non excusat; volenti non fit iniuria).
The General Terms and Conditions become an integral part of the contractual relationship (incorporatio per relationem) and exert full normative binding effect between the parties insofar as mandatory law does not provide otherwise (ius cogens; lex superior derogat legi inferiori).
Notwithstanding all foregoing provisions and solely subject to mandatory statutory law, all HITMADE products shall be classified as final sale items, which, by operation of law, contractual agreement, and clear allocation of risk, results in the complete, final, irrevocable, unconditional, and exceptionless exclusion of any and all return, exchange, cancellation, withdrawal, or refund claims, regardless of the legal basis or doctrinal derivation upon which such claims may be asserted (lex specialis derogat legi generali; lex posterior generalis non derogat priori speciali).
Insofar as a summary appears permissible at all within such a strictly normatively regulated context, the following shall apply: upon conclusion of the contract and acknowledgment of the General Terms and Conditions, the buyer accepts the foregoing provisions in their entirety.
4. Communication, Support, and Self-Limiting Final Provisions
Any communication relating to returns, refunds, exchanges, or other claims shall be conducted through the HITMADE™ support team, whereby all responses, assessments, evaluations, or measures are carried out exclusively in accordance with internal policies and shall not establish any further liability, warranty, obligation, or assurance unless such has been expressly granted, unless such express grant itself would be legally irrelevant, which, in turn, shall be determined in accordance with this policy, ad infinitum.