Terms of service
1. Scope of Application, Normative Priority, and Interpretation
These General Terms and Conditions (hereinafter “GTC”) apply to all contractual, pre-contractual, quasi-contractual, and otherwise legally relevant relationships between HITMADE™ (hereinafter “Provider”) and natural or legal persons, regardless of whether they qualify as consumers or businesses.
The GTC apply worldwide and are subject—where applicable—to all mandatory and dispositive provisions of the relevant national, supranational, and international legal systems, in particular taking into account EU law, US law, UK law, and other applicable consumer protection, commercial, and civil law regulations.
Deviating terms and conditions of the customer shall not apply unless their validity has been expressly, individually, and in writing confirmed by the Provider. In the event of conflict, mandatory statutory provisions shall prevail.
2. Contracting Parties and Provider Identity
The contractual partner of the customer is exclusively:
HITMADE™
Im Zollhafen, 50678 Cologne, Germany
Email: hitmade@proton.me
Further legal information is set out in the legal notice (Impressum), which forms an integral part of these GTC.
3. Subject Matter of the Contract and Description of Services
The subject matter of the contract is the sale of physical goods for remuneration via an online shop.
Product representations, images, descriptions, and technical specifications are for orientation purposes only and do not constitute a guarantee or warranted characteristic unless expressly agreed otherwise. Minor, customary, or technically unavoidable deviations are reserved.
The contract is concluded upon acceptance of the customer’s order by the Provider. The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation for the customer to submit an offer.
4. Prices and Payment Terms
All prices are stated in euros and include statutory value-added tax where applicable. Shipping costs and other additional charges are shown separately.
The Provider reserves the right to modify, extend, or restrict payment methods at any time. There is no entitlement to specific payment methods.
5. Delivery, Shipping, and Transfer of Risk
Delivery is made to the delivery address specified by the customer.
Delivery times are non-binding unless expressly agreed otherwise in writing.
The transfer of risk shall be governed by the applicable statutory provisions, in particular depending on whether the customer is a consumer or a business.
6. Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal in accordance with the applicable consumer protection laws.
Details regarding prerequisites, exercise, exclusions, and legal consequences are set out in the Provider’s separate withdrawal policy.
7. Warranty and Liability
Statutory warranty rights apply in accordance with the applicable legal system.
The Provider’s liability is governed by statutory provisions. Liability is limited only to the extent legally permitted, and in particular not excluded in cases of intent, gross negligence, breach of essential contractual obligations, or injury to life, body, or health.
8. Copyright and Intellectual Property Rights
All content on the website (texts, images, designs, trademarks, logos) is subject to applicable copyright and intellectual property laws.
Any use beyond the statutory limits requires prior written consent from the rights holder.
9. Applicable Law and Jurisdiction
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory international consumer protection or conflict-of-law provisions provide otherwise.
For consumers, mandatory protective provisions of the country of their habitual residence shall apply if they are more favorable.
If the customer is a merchant or business within the meaning of applicable law, the courts at the Provider’s registered seat shall have jurisdiction, insofar as legally permissible.
10. Communication and Final Provisions
Legally relevant declarations may be submitted via the contact channels provided.
The Provider is not obliged to respond to inquiries within specific time limits unless mandatory statutory provisions require otherwise.
Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible provision that most closely reflects the economic purpose of the original provision.