General Terms and Conditions of Sale, Delivery, and Payment

Note: Omicron Asset Management EOOD, the legal entity behind Hypestore, will be referred to as Hypestore in this document.

1 Scope

 The deliveries, services, and offers of Hypestore are made exclusively based on these terms and conditions. These also apply to all future business relationships, even if they are not explicitly agreed upon again. By accepting the goods or services, these conditions are deemed accepted. Any conflicting terms and conditions of the buyer are hereby rejected.

Deviations from these terms and conditions are only valid if confirmed in writing by Hypestore.

2 Conclusion of the Contract

 The order constitutes a binding offer. Hypestore may accept this offer within three weeks by sending an order confirmation or by delivering the ordered goods or services within this period.

Hypestore's sales representatives are not authorized to make verbal collateral agreements or verbal commitments beyond the written contract.

3 Prices

 Changes in import and export duties, VAT, exchange rates, insurance, and/or war insurance premiums occurring after the order has been placed will be borne by or credited to the buyer. Price increases do not entitle the buyer to cancel the order.

The agreed prices are ex-warehouse, plus transport and packaging costs unless otherwise agreed, and plus the applicable VAT. Additional deliveries and services will be charged separately.

Ordered goods' dimensions and quantities will be considered as accurately as possible. Deviations of up to 10% upwards or downwards are permissible and must be accepted.

Minor deviations in format, color, material, etc., and color deviations in printing due to material properties will be tolerated by the buyer unless otherwise agreed in writing.

4 Delivery and Performance Time

Delivery dates or deadlines, whether binding or non-binding, must be in writing.

Delays in delivery and performance due to force majeure or events that significantly hinder or make delivery impossible for Hypestore—including strikes, lockouts, governmental orders, or similar circumstances at Hypestore or its suppliers—do not entitle the buyer to claims. In such cases, Hypestore is entitled to postpone delivery by the duration of the hindrance plus a reasonable lead time or to withdraw from the contract.

If the hindrance lasts longer than three months, the buyer is entitled to withdraw from the unfulfilled part of the contract after setting a reasonable grace period. No compensation claims can be made against Hypestore due to such delays.

Hypestore may make partial deliveries and provide partial services at any time.

If a buyer fails to specify order details (e.g., size, design, model) within the agreed timeframe, any resulting delays in delivery will be at their expense. Hypestore reserves the right to cancel unspecified orders partially or fully.

In cases where goods are sold duty unpaid, any increase in import duties, VAT, or other taxes does not grant the buyer the right to cancel the order.

If buyers do not accept delivery upon arrival, they will bear all resulting costs, without prejudice to Hypestore's right to sell the goods to a third party and hold the original buyer accountable for any loss.

5 Transfer of Risk

Risk passes to the buyer once the shipment is handed over to the transport company or leaves Hypestore’s warehouse or that of its supplier. If shipment becomes impossible due to reasons beyond Hypestore's control, risk transfers upon notification of shipment readiness.

6 Warranty

The buyer's warranty rights require that they fulfill their inspection and notification obligations.

If a defect attributable to Hypestore exists, Hypestore has the choice to remedy the defect or replace the goods. Hypestore covers costs for transportation, labor, and materials necessary for rectification unless these increase due to the goods being transported elsewhere.

If rectification or replacement is unsuccessful or delayed for reasons attributable to Hypestore, the buyer may withdraw from the contract or request a price reduction.

Further claims by the buyer—regardless of legal basis—are excluded. Hypestore is not liable for damages beyond the delivered goods, including lost profits or other financial losses.

This liability exclusion does not apply to intentional or grossly negligent actions or if Hypestore guaranteed certain product features.

If Hypestore negligently violates an essential contractual duty, liability is limited to its product liability insurance coverage. Upon request, Hypestore will allow buyers to inspect the insurance policy.

The warranty period is six months, including claims for consequential damages unless otherwise regulated by law.

Without proof samples, Hypestore provides no warranty or guarantee for printing execution. Due to material and product properties, print position and color variations are not guaranteed.

7 Retention of Title

 Hypestore retains ownership of delivered goods until full payment has been received. If the buyer violates contractual obligations, particularly in cases of late payment, Hypestore is entitled to reclaim the goods. Reclaiming the goods does not constitute withdrawal from the contract unless Hypestore explicitly states so.

If goods are seized by third parties, the buyer must notify Hypestore immediately so that legal action can be taken.

The buyer is permitted to resell goods in the ordinary course of business but assigns claims from such resales to Hypestore in advance. The buyer remains authorized to collect these claims unless they default on payments or file for bankruptcy.

If goods are mixed inseparably with others, Hypestore acquires co-ownership in proportion to the value of the goods at the time of mixing.

Upon request, Hypestore will release securities exceeding claims by more than 20%, with Hypestore deciding which securities to release.

8 Payment

 Unless otherwise agreed, Hypestore invoices are payable within 30 days without deductions. Payments apply first to older debts, then to costs, interest, and finally the principal amount.

A payment is considered made when Hypestore has access to the funds. Checks require prior written agreement and are considered paid only after clearance.

In case of late payment, Hypestore is entitled to charge interest at the rate applied by its bank for overdraft facilities, plus VAT.

If circumstances arise that question the buyer’s creditworthiness, Hypestore may demand immediate payment of all outstanding amounts and request advance payment or security deposits, particularly for first-time buyers.

9 Liability Limitation

Claims for damages due to contract breaches, pre-contractual negligence, or tortious acts are excluded unless caused by intent or gross negligence. This includes damages from non-performance, except where the liability arises from a warranty ensuring protection against such damages.

Hypestore's liability is limited to foreseeable damages at the time of contract formation.

For printing, engraving, embroidery, and embossing, Hypestore assumes no liability for execution unless proof samples are provided.

10 Copyright

The buyer agrees to indemnify Hypestore from third-party copyright claims related to their orders. The buyer also grants Hypestore permission to display manufactured items in catalogs, on the website, and as samples.

11 Complaints and Exchanges

Complaints must be submitted in writing within eight days of shipping, with quality complaints requiring a sample submission.

Sample deliveries are excluded from complaints, exchanges, or withdrawal.

12 Applicable Law, Jurisdiction, Partial Invalidity

These terms and all legal relationships between Hypestore and the buyer are governed by the laws of Bulgaria.

The place of performance and jurisdiction for both Hypestore and the buyer is the company’s registered office in Bulgaria.

If any provision of these terms or any related agreement is invalid, the validity of all other provisions remains unaffected.