Terms of Service
OVERVIEW
This website is operated by HITWAY DE. Throughout the site, the terms "we," "us," and "our" refer to HITWAY DE. HITWAY DE offers this website, including all information, tools, and services available on this site, to you, the user, subject to your acceptance of all terms, policies, and notices stated here.
By visiting our website and/or purchasing products from us, you are using our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including, but not limited to, users acting as browsers, vendors, customers, merchants, and/or content creators.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all the terms of this agreement, you may not use the website or access any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
All new features or tools added to the current online store are also subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace portions of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after changes are posted constitutes your acceptance of those changes.
Our online store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell you our products and services.
SECTION 1 - ONLINE SHOP TERMS AND CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence, or that you are the legal age of majority in your state or province of residence and have given us your consent to allow any minor dependents to use our website. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable law in your jurisdiction (including, but not limited to, copyright laws). You may not transmit any worms, viruses, or other destructive code. A breach or violation of these Terms will result in the immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service at any time and for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted and may (a) involve transmissions over various networks; and (b) make changes to conform and adapt to technical requirements of networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us. The headings used in this agreement are for convenience only and do not limit or otherwise affect these terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We accept no responsibility if the information provided on this website is not accurate, complete, or up-to-date. The material on this website is provided for general informational purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current sources of information. Any use of the material on this website is at your own risk.
This website may contain certain historical information. Historical information is necessarily not current and is provided for your information only. We reserve the right to change the contents of this website at any time, but are under no obligation to update information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - CHANGES TO SERVICE AND PRICES
Prices for our products are subject to change without prior notice.
We reserve the right to change or discontinue the service (or any part or content thereof) at any time without prior notice.
We are not liable to you or any third party for any modifications, price changes, suspensions or discontinuation of the service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our return policy: https://de.hitway.eu/pages/returns-exchanges
We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that the colors displayed on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.
We do not guarantee that the quality of the products, services, information or other materials you purchase will meet your expectations, or that errors in the service will be corrected.
SECTION 6 - ACCURACY OF INVOICES AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities per person, household, or order. These restrictions may include orders placed under the same customer account, credit card, or billing and/or shipping address. If we change or cancel an order, we may attempt to notify you via the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
Further details can be found in our return policy: https://de.hitway.eu/pages/return-policy
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no oversight, control, or influence. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions, and without any endorsement. We shall have no liability whatsoever arising out of or relating to your use of the optional third-party tools. Any use of the optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and accept the terms and conditions on which the tools are provided by the relevant third-party provider. We may also offer new services and/or features through the website in the future (including the introduction of new tools and resources). Such new features and/or services will also be subject to these Terms of Use.
SECTION 8 - LINKS TO THIRD-PARTY PROVIDERS
Certain content, products, and services available through our service may include materials from third parties. Links to third parties on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third parties and do not warrant or assume any liability for any third-party materials or websites, or for any other materials, products, or services provided by third parties. We are not liable for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or, without our request, send creative ideas, suggestions, plans, or other materials, whether online, by email, mail, or otherwise (collectively, "Comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you submit to us. We are under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but are not obligated, to monitor, edit, or remove content that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the rights of third parties or these Terms of Use. You agree that your Comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties as to the origin of the comments. You are solely responsible for the comments you post and their accuracy. We assume no responsibility or liability for comments posted by you or any third party.
SECTION 10 - PERSONAL DATA
Your transmission of personal data via the store is subject to our privacy policy, which can be viewed here: https://de.hitway.eu/pages/privacy-policy
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, as well as to cancel orders, if any information in the Service or on any related website is inaccurate at any time without prior notice (even after you have placed your order). We are under no obligation to update, amend, or clarify information in the Service or on any related website, including, but not limited to, pricing information, unless required by law. No specified date for updates or renewals in the Service or on any related website should be taken as an indication that all information in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal activity; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or impair our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other types of harmful code that will be used in any way to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited use criteria.
SECTION 13 – DISCLAIMER; LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained through the use of the service are accurate or reliable.
You agree that we may remove the service from time to time for indefinite periods or terminate the service at any time without notice.
You expressly agree that your use of, or inability to use, the Service is entirely at your own risk. The Service and all products and services provided to you through the Service are provided (unless expressly stated otherwise by us) "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall HITWAY DE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the Service or products obtained through the Service, or for any other claims related in any way to your use of the Service or any product, including but not limited to errors or omissions in content or any loss or damage of any kind caused by the use of the Service or any content (or products) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such loss or damage. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability is limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless HITWAY DE and our parent company, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents incorporated by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY CLAUSE
If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision shall nevertheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms of Use. Such a finding shall not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties that arose before the termination date remain in effect for all purposes after the termination of this agreement. These Terms of Use are effective unless terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or by ceasing to use our website. If, in our sole discretion, we determine or suspect that you are in breach of any provision of these Terms of Use, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date; and/or we may deny you access to our services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 18 - APPLICABLE LAW
When you complete your purchase, a booking note will be displayed on the payment page and/or on your bank statement, containing "de.hitway.eu" as well as a country code (e.g. "HK", "DE", "PL", etc.).
All purchases are processed by the respective legal entity corresponding to the country code indicated in the booking confirmation. These transactions are subject to and will be construed in accordance with the applicable local law of that country.
Purchases processed under the country code "PL" are subject to the law of the Republic of Poland.
SECTION 19 - CHANGES TO THE TERMS OF USE
You can view the current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace portions of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or service following the posting of changes to the Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions regarding the terms of use should be sent to us at contact@hitway.eu . Our contact details can be found below:
Telephone: +852 9322 5387
Email: contact@hitway.eu
Company: INNOVATECH POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Address: ul. DOMANIEWSKA, nr 37, lok. 2.43, miejsc. WARSZAWA, code 02-672, location WARSZAWA, kraj POLSKA