General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Granting of Usage Rights for Digital Content
7. Retention of Title
8. Liability for Defects (Warranty)
9. Special Conditions for the Processing of Goods According to Specific Customer Requirements
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Jurisdiction
14. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of HITOFURI Europe GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC also apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 These GTC also apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content in the sense of these GTC refers to data that is created and provided in digital form.

1.4 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.5 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop.In doing so, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process after placing the selected items in the virtual shopping cart and going through the electronic ordering process. Furthermore, the customer can also submit the offer to the seller via email.

2.3 The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting the customer to make payment after the order has been placed.

If multiple of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F.Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the order process. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer triggers the payment process by clicking the button that completes the order process.

2.6 When making an offer via the seller's online order form, the contract text will be stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been submitted. No further accessibility of the contract text by the seller will be provided.If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge through their password-protected user account by providing the corresponding login details.

2.7 Before placing a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection will be displayed in the online shop.

2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered, especially when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description of the seller, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. This includes, for example, costs for money transfers by financial institutions (e.g., transfer fees, exchange rate fees) or customs duties and taxes (e.g., tariffs). Such costs may also arise in relation to the money transfer even if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered through the payment service "PayPal" is selected, the payment processing is carried out via PayPal, which may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal where he advances payment to the customer (e.g.In the case of invoice purchase or installment payment, he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the seller remains responsible for general customer inquiries even in the case of the assignment of claims, e.g. for goods, delivery time, shipping, returns, complaints, revocation declarations and submissions or credits.

4.6 When selecting the payment method "SOFORT", the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is enabled for participation in "SOFORT", authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then executed immediately by "SOFORT" and the customer's bank account is debited. The customer can find more information about the payment method "SOFORT" online at https://www.klarna.com/sofort/ .

4.7 When selecting a payment method offered through the payment service "Shopify Payments," the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use additional payment services, for which special payment conditions may apply, and the customer may be separately informed about these. Further information on "Shopify Payments" can be accessed online at https://www.shopify.com/legal/terms-payments-de .

4.8 When selecting a payment method offered through the payment service "mollie," the payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter referred to as "mollie").The individual payment methods offered by Mollie are communicated to the customer in the seller's online shop. For the processing of payments, Mollie may use additional payment services, for which special payment conditions may apply, and the customer will be informed separately if necessary. Further information about "Mollie" can be accessed online at https://www.mollie.com/de/ .

4.9 When selecting a Ratepay payment method offered by the seller (e.g., Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay installment payment), the payment processing is carried out by Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter referred to as "Ratepay"), to which the seller assigns his claim against the customer. The specific Ratepay payment methods offered by the seller will be communicated to the customer on the seller's website. The customer can only make payments to Ratepay with discharging effect.The seller remains responsible for general customer inquiries (e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellation declarations and submissions, or credits). Furthermore, the General Payment Terms of Ratepay apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/

4.10 If a payment method offered through the payment service "VR Payment" is selected, the payment processing will be carried out by the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter referred to as "VR Payment"). The individual payment methods offered through VR Payment will be communicated to the customer in the seller's online shop. For the processing of payments, VR Payment may use the services of third-party payment service providers, for which special payment conditions may apply, of which the customer may be separately informed.Further information on "VR Payment" can be found online at https://www.vr-payment.de/onlinehandel#article-878 .

4.11 When selecting a payment method offered through the payment service "Adyen," the payment processing is carried out by the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter referred to as "Adyen"). The individual payment methods offered through Adyen will be communicated to the customer in the seller's online shop. For the processing of payments, Adyen may use the services of third-party payment service providers, for which special payment conditions may apply, of which the customer may be separately informed. Further information on "Adyen" can be found online at https://www.adyen.help/hc/de .

4.12 When selecting a payment method offered through the payment service "Unzer", the payment processing is carried out by the payment service provider Unzer GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany (hereinafter referred to as "Unzer"). The individual payment methods offered through Unzer will be communicated to the customer in the seller's online shop. For the processing of payments, Unzer may use the services of third-party payment service providers, for which special payment conditions may apply, and the customer may be separately informed about these. Further information about "Unzer" can be accessed online at https://www.unzer.com/de/zahlungsmethoden/ .

4.13 When selecting a payment method offered through the payment service "Stripe", the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe").The individual payment methods offered through Stripe are communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use additional payment services, for which special payment conditions may apply, and the customer may be separately informed about these. Further information about Stripe can be accessed online at https://stripe.com/de .

4.14 When selecting a payment method offered through the payment service "Wix Payments," the payment processing is carried out by the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter referred to as "Wix"). The individual payment methods offered through Wix are communicated to the customer in the seller's online shop. For the processing of payments, Wix may use additional payment services, for which special payment conditions may apply, and the customer may be separately informed about these.Further information about Wix Payments can be found online at https://de.wix.com/payments .

4.15 When selecting the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days from the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method invoice purchase requires a successful credit check by Klarna AB. If the customer is allowed to use the invoice purchase payment method after the credit check, the payment will be processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only make payments with discharging effect to Klarna AB.Furthermore, the General Terms and Conditions of Klarna AB apply in this regard, which the customer can access during the ordering process. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in their payment information in the online shop.

4.16 When selecting the payment method "PayPal Invoice," the seller assigns their payment claim to PayPal. Before accepting the seller's assignment declaration, PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal Invoice" in the event of a negative credit check result.If the payment method "PayPal Invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless a different payment deadline is specified by PayPal. In this case, he can only make payments to PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credits, even in the case of the assignment of claims. Additionally, the General Terms and Conditions for the use of PayPal's invoice purchase apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.17 When selecting the payment method "PayPal Direct Debit," PayPal will debit the invoice amount from the customer's bank account after the issuance of a SEPA direct debit mandate, but not before the expiration of the advance information period on behalf of the seller. Advance information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or because of the provision of incorrect bank details, or if the customer disputes the debit despite not being entitled to do so, the customer shall bear the fees incurred by the respective financial institution due to the reversal, if he is responsible for this.

4.18 When selecting a payment method offered through the payment service "Klarna," the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and the terms of Klarna can be found here:

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5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, in the case of selecting the payment method PayPal, the delivery address provided by the customer at the time of payment with PayPal is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return shipping costs, the provisions made in the seller's withdrawal instruction apply in the case of effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment.If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer or a person authorized to receive the goods only upon delivery of the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply.This applies only in the event that the non-delivery is not the fault of the seller and that the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-pickup is not possible for logistical reasons.

5.6 Vouchers will be provided to the customer as follows:

• by download
• by email
• by post

5.7 Digital content will be provided to the customer as follows:

• via direct access through the entrepreneur's website
• via download
• via email

6) Granting of usage rights for digital content

6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer a non-exclusive, geographically and temporally unlimited right to use the provided content solely for private purposes.

6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has agreed to the transfer of the contractual license to the third party.

6.3 As far as the contract relates to the one-time provision of digital content, the granting of rights becomes effective only when the customer has fully paid the due remuneration. The seller may provisionally allow the use of the contractual content even before this time. Such provisional permission does not result in a transfer of rights.

7) Retention of Title

If the seller makes an advance payment, he retains ownership of the delivered goods until the full purchase price has been paid.

8) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory regulations on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• the limitation period for defects for new goods is one year from the delivery of the goods;
• for used goods, the rights and claims due to defects are excluded;
• the limitation period does not restart if a replacement delivery occurs within the scope of liability for defects.

8.2 The liability limitations and time reductions regulated above do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used in accordance with their usual purpose for a building and have caused its defects,
• for any possible.the existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

8.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligations according to § 377 HGB. If the customer fails to fulfill the notification obligations set out there, the goods are deemed approved.

8.5 If the customer acts as a consumer, they are requested to report any obvious transport damage of delivered goods to the carrier and to inform the seller of this. Failure to do so will not affect their statutory or contractual warranty claims.

9) Special conditions for the processing of goods according to specific customer requirements

9.1 If the seller is obligated under the contract to not only deliver the goods but also to process the goods according to specific customer requirements, the customer must provide the seller with all necessary content for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller, and grant the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer ensures that no third-party rights are violated, especially copyright, trademark, and personal rights.

9.2 The customer indemnifies the seller against claims from third parties that may assert these in connection with a violation of their rights due to the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the legal violation is not attributable to the customer. The customer is obliged to provide the seller with all information necessary for the examination of the claims and a defense in the event of a claim by third parties, promptly, truthfully, and completely.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or goes against public morals. This applies particularly to the provision of unconstitutional, racist, xenophobic, discriminatory, insulting, youth-endangering, and/or glorifying violence content.

10) Redemption of promotional vouchers

10.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is evident from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the completion of the ordering process. A subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.

10.9 The promotional voucher is transferable.The seller can perform with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representation authority of the respective holder.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased through the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the customer until the expiration date.

11.3 Gift vouchers can only be redeemed before completing the ordering process. A subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

11.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

11.8 The gift voucher is transferable.The seller can perform with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or missing representation authority of the respective holder.

12) Applicable Law

For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

13) Jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the aforementioned cases, however, the seller is entitled to invoke the court at the customer's location in any case.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

14.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.