General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of contract
3. Right of cancellation
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Elke Janssen, trading under "HIT-IN.TV" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless expressly regulated otherwise.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the order process. The Customer may also submit the offer to the Seller by telephone or email.

2.3 The Seller may 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 receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
• by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within this period, this is deemed a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.

2.4 If the payment method “PayPal Express” is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal’s terms of use, available at https://www.paypal.com/de/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, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects “PayPal Express” as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that concludes the order process. In this case, the Seller hereby already declares acceptance of the Customer’s offer at the time the Customer triggers the payment process by clicking the button that concludes the order process.

2.5 When an offer is submitted via the Seller’s online order form, the contract text is 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 is sent. The Seller does not provide the contract text beyond this. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order process.

2.7 The German language is exclusively available for the conclusion of the contract.

2.8 Order processing and contact generally 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, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of cancellation

3.1 Consumers generally have a right of cancellation.

3.2 Further information on the right of cancellation can be found in the Seller’s cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which are not the Seller’s responsibility and must be borne by the Customer. These include, for example, costs for money transfers by banks (e.g., transfer fees, exchange rate fees) or import duties/taxes (e.g., customs duties). Such costs may also arise in connection with money transfers even if the delivery is not to a country outside the European Union, if the Customer makes payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

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

4.5 If payment is made using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to PayPal’s terms of use, available at https://www.paypal.com/de/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, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the payment method “SOFORT” is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to pay the invoice amount via “SOFORT”, the Customer must have an online banking account activated for participation in “SOFORT”, identify themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT”. The payment transaction is then carried out immediately by “SOFORT” and the Customer’s bank account is debited. Further information on the payment method “SOFORT” is available online at https://www.klarna.com/sofort/.

5) Delivery and shipping terms

5.1 Goods are delivered by shipping to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address stated in the Seller’s order processing is decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipping the goods to the Customer if the Customer effectively exercises their right of cancellation. In the event of effective exercise of the right of cancellation by the Customer, the return shipping costs are governed by the provisions set out in the Seller’s cancellation policy.

5.3 Collection in person is not possible for logistical reasons.

5.4 Vouchers are provided to the Customer as follows:

- by email

6) Retention of title

If the Seller delivers goods before receiving payment, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the statutory provisions on liability for defects shall apply.

7.2 The Customer is requested to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller’s online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 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.

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

8.7 The balance of a promotional voucher is neither paid out in cash nor does it accrue interest.

8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the framework of the statutory right of cancellation.

8.9 The promotional voucher is transferable. The Seller may, with discharging effect, make payment 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 lack of knowledge of the holder’s lack of entitlement, legal incapacity, or lack of authority to represent.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of purchase of the voucher. Remaining balances are credited to the Customer until the expiry date.

9.3 Gift vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers may only be used to purchase goods and not to purchase additional gift vouchers.

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

9.7 The balance of a gift voucher is neither paid out in cash nor does it accrue interest.

9.8 The gift voucher is transferable. The Seller may, with discharging effect, make payment 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 lack of knowledge of the holder’s lack of entitlement, legal incapacity, or lack of authority to represent.

10) Applicable law

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

11) Alternative dispute resolution

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

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

11.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.