Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Customer Specifications
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution

1) Scope

1.1

These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of Hype X Hills GmbH (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller regarding goods presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2

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 outside their trade, business or self-employed professional activity.

1.3

An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1

The product descriptions contained in the Seller’s online store 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 using the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer concerning the goods contained in the shopping cart by clicking the button that completes the ordering process.

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;
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
• by requesting payment from the Customer after the Customer has submitted the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when the first of these alternatives occurs.

The period for acceptance of the offer begins on the day following the Customer’s submission of the offer and ends at the end of the fifth day following submission of the offer.

If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4

If a payment method offered by PayPal is selected, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to PayPal’s applicable terms of use.

If the Customer pays using a payment method offered by PayPal and selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5

When an order is placed using the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form, for example by email, fax or letter, after the Customer has submitted the order.

The Seller does not provide any further access to the contract text.

If the Customer created a user account in the Seller’s online store before submitting the order, the order data will be archived on the Seller’s website and may be accessed free of charge by the Customer through their password-protected user account using the relevant login credentials.

2.6

Before submitting a binding order through the Seller’s online order form, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen.

The browser’s zoom function may be used as an effective technical means of identifying input errors more easily.

During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until clicking the button that completes the ordering process.

2.7

Different languages are available for the conclusion of the contract. The specific language options are displayed in the online store.

2.8

Order processing and communication generally take place by 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 that address.

In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1

Consumers generally have a statutory right of withdrawal.

3.2

Further information regarding the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Conditions

4.1

Unless otherwise stated in the Seller’s product description, the prices shown are total prices including statutory value-added tax.

Any additional delivery and shipping costs are stated separately where applicable.

4.2

The available payment methods are communicated to the Customer in the Seller’s online store.

4.3

If a payment method offered through PayPal is selected, payment is processed through PayPal. PayPal may also use third-party payment service providers for this purpose.

If the Seller offers payment methods through PayPal under which the Seller provides advance performance to the Customer, such as purchase on account or installment payments, the Seller may assign the payment claim to PayPal or to a payment service provider commissioned by PayPal and specifically identified to the Customer.

Before accepting the assignment, PayPal or the payment service provider commissioned by PayPal may carry out a creditworthiness assessment using the Customer data provided.

The Seller reserves the right to refuse the selected payment method in the event of a negative assessment result.

If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or according to the agreed payment intervals.

The Seller remains responsible for general customer inquiries relating, for example, to goods, delivery times, shipping, returns, complaints, withdrawal notices and refunds.

4.4

If the payment method “Sofortüberweisung” is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (“Klarna”).

To pay the invoice amount using Sofortüberweisung, the Customer must have an online banking account enabled for participation in the service, authenticate themselves accordingly during the payment process and confirm the payment instruction.

The payment transaction is then carried out immediately by Klarna and the Customer’s bank account is charged.

4.5

If a payment method offered through Shopify Payments is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”).

The individual payment methods available through Shopify Payments are displayed to the Customer in the Seller’s online store.

Shopify may use additional payment service providers to process payments, for which separate payment terms may apply.

4.6

If a payment method offered through Apple Pay is selected, payment processing is carried out through Apple Distribution International, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”).

The payment methods available through Apple Pay are displayed to the Customer in the Seller’s online store. Apple may use additional payment service providers for payment processing, for which separate terms may apply.

4.7

If a payment method offered through Google Pay is selected, payment processing is carried out through Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).

The payment methods available through Google Pay are displayed to the Customer in the Seller’s online store. Google may use additional payment service providers for payment processing, for which separate terms may apply.

5) Delivery and Shipping Conditions

5.1

If the Seller offers shipment of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed.

The delivery address provided during the Seller’s order processing procedure is decisive for the transaction.

5.2

If 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 original shipping costs if the Customer validly exercises their right of withdrawal.

With regard to return shipping costs following a valid exercise of the right of withdrawal, the provisions set out in the Seller’s withdrawal policy apply.

5.3

If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

If the Customer is a consumer, the risk of accidental loss and accidental deterioration generally passes only upon delivery of the goods to the Customer or an authorized recipient.

By way of exception, the risk also passes to a consumer when the Seller hands the goods over to a carrier selected independently by the Customer, provided that the Seller had not previously named that carrier to the Customer.

5.4

If the Customer is a consumer residing in Germany or an entrepreneur, the Seller reserves the right to withdraw from the contract in the event that the Seller itself does not receive correct or proper delivery from its supplier.

This applies only where the Seller is not responsible for the failure to deliver and has concluded a specific covering transaction with the supplier with due care.

The Seller will make all reasonable efforts to obtain the goods.

If the goods are unavailable or only partially available, the Customer will be informed immediately and any consideration already paid will be refunded without undue delay.

5.5

Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller provides goods before receiving full payment, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions governing liability for defects apply.

For contracts for the supply of goods, the following deviations apply:

7.1

If the Customer is an entrepreneur:

• the Seller may choose the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery;
• claims for defects are excluded for used goods;
• the limitation period does not recommence if a replacement delivery is made as part of liability for defects.

7.2

The limitations of liability and shortened limitation periods described above do not apply:

• to claims for damages and reimbursement of expenses by the Customer;
• where the Seller has fraudulently concealed the defect;
• to goods that have been used for a building in accordance with their customary purpose and have caused the building to become defective;
• to any obligation of the Seller to provide updates for digital products in contracts concerning goods with digital elements.

7.3

For entrepreneurs, statutory limitation periods applicable to any statutory right of recourse remain unaffected.

7.4

If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB applies.

If the Customer fails to comply with these notification obligations, the goods shall be deemed approved.

7.5

If the Customer is a consumer, they are requested to report goods delivered with obvious transport damage to the delivery company and inform the Seller accordingly.

Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1

The Seller shall have unlimited liability on any legal basis:

• in cases of intent or gross negligence;
• in cases of intentional or negligent injury to life, body or health;
• pursuant to a guarantee, unless otherwise provided in this respect;
• pursuant to mandatory liability, such as under the German Product Liability Act.

8.2

If the Customer is a consumer residing in Germany or an entrepreneur, the following limitations of liability apply:

If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract unless unlimited liability applies under the preceding provision.

Essential contractual obligations are obligations whose fulfillment is necessary for proper performance of the contract and on whose compliance the Customer may regularly rely.

Otherwise, liability of the Seller is excluded unless unlimited liability applies pursuant to the preceding provisions.

8.3

The above liability provisions also apply with regard to the Seller’s liability for its agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Customer Specifications

9.1

If, in addition to supplying goods, the Seller is required under the contract to process goods according to specific Customer specifications, the Customer must provide the Seller with all content required for such processing, including text, images or graphics, in the file formats, formatting, image dimensions and file sizes specified by the Seller and must grant the Seller the necessary rights of use.

The Customer alone is responsible for obtaining and holding the necessary rights to such content.

The Customer represents and accepts responsibility that they are entitled to use the content provided to the Seller.

In particular, the Customer must ensure that no third-party rights are infringed, including copyrights, trademark rights and personality rights.

9.2

The Customer shall indemnify the Seller against claims asserted by third parties in connection with an infringement of their rights resulting from the Seller’s contractual use of content supplied by the Customer.

The Customer shall also bear the necessary costs of legal defense, including all court and legal fees at the statutory rate.

This does not apply if the Customer is not responsible for the infringement.

In the event of a third-party claim, the Customer must immediately provide the Seller with complete and truthful information necessary to assess the claims and prepare a defense.

9.3

The Seller reserves the right to reject processing orders if content supplied by the Customer violates statutory or regulatory prohibitions or accepted standards of public morality.

This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

10) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

For consumers, this choice of law applies only insofar as it does not deprive them of protection granted by mandatory provisions of the law of the country in which they have their habitual residence.

11) Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract.

If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity.

In the aforementioned cases, however, the Seller is also entitled to bring proceedings before the court at the Customer’s registered office.

12) Alternative Dispute Resolution

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

Last updated: August 15, 2026