Terms of service

Section 1 – OVERVIEW / SCOPE OF APPLICATION

Welcome to Otaku4U! The terms “we”, “us” and “our” refer to Otaku4U, operated by Kolja Pilinski as a sole proprietor. Otaku4U operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer (hereinafter: the “Client”), with a curated shopping experience (the “Services”). Otaku4U is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (hereinafter: the “Terms”) apply to all contracts concluded between the Client and Otaku4U relating to goods and/or services offered in our online store. Any conflicting or supplementary terms and conditions of the Client are hereby expressly rejected, unless otherwise expressly agreed. These Terms also apply to the general use of our website and Services.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you should not use or access our Services.

Otaku4U reserves the right to amend or replace these Terms at any time. Substantial amendments will be notified to Clients at least 30 days in advance. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.

The Client further agrees to electronically access, receive, review, sign, and authenticate certain documents and forms covered by applicable electronic signature laws, in accordance with applicable law. The Client’s electronic signature will bind the Client to the same extent as a handwritten signature. Such documents may be retained solely in electronic form.


SECTION 2 – ACCESS, ACCOUNT AND CONCLUSION OF CONTRACT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services, you may be asked to provide certain information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete, and that you have the rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

By submitting an order, the Client makes a binding offer to purchase. Details of how and when a contract is concluded are set out in Section 4 (Orders).



SECTION 3 – ORDERS

When you place an order through our online store, you are making an offer to purchase the selected products. Otaku4U reserves the right to accept or decline your order at its sole discretion. Your order is only considered accepted once Otaku4U confirms acceptance (e.g., via order confirmation), delivers the goods, or requests payment after your order has been placed.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the contact information you provided at checkout.

Refunds and returns are granted exclusively in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use only and not for commercial resale or export.



SECTION 4 – PRODUCTS AND DESCRIPTIONS

We make every effort to display accurate and up-to-date product information in our online store. However, colors, textures, or product appearance may differ from how they appear on your device due to display settings and configurations.

Product descriptions, images, and other details do not constitute binding offers on the part of Otaku4U, but serve solely as an invitation for the Client to submit a binding order. We do not guarantee that the quality of any products or services purchased will meet your personal expectations.

All product descriptions and availability are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. We may also limit the quantities of products offered to any individual or household.

Despite our best efforts, product descriptions may contain errors or inaccuracies. For details regarding pricing errors, see Section 5 (Prices and Billing).



SECTION 5 – PRICES AND BILLING

All prices are indicated in U.S. dollars (USD). Unless otherwise expressly stated, posted prices do not include taxes, shipping, or handling. Shipping costs are specified separately during checkout.

Applicable U.S. sales taxes, where required, will be calculated and added at checkout by Shopify. No European VAT applies, as production and fulfillment take place exclusively in the United States and shipping is limited to the U.S.

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be confirmed in your order confirmation email. Prices shown in our online store may differ from prices offered in other sales channels. From time to time, promotions may apply that are governed by separate terms; if there is a conflict, the promotion terms will control.

Despite our best efforts, errors in product descriptions or pricing may occur.

  1. If the correct price is lower than stated, you will be charged the lower amount.
  2. If the correct price is higher than stated, we will contact you for instructions before processing or reject your order and notify you.

For deliveries within the United States, any applicable taxes and shipping charges will be shown at checkout.

Payment can be made using the methods offered in our store. You agree to provide current, complete, and accurate purchase, payment, and account information for all orders. You also agree to promptly update your account and payment details (including your email address, credit card numbers, and expiration dates) so we can complete transactions and contact you as needed.

You represent and warrant that:

  • (i) the payment information you provide is true, correct, and complete;
  • (ii) you are duly authorized to use the chosen payment method;
  • (iii) charges incurred by you will be honored by your payment provider; and
  • (iv) you will pay all charges at the posted prices, including shipping and handling charges and applicable taxes, if any.


SECTION 6 – SHIPPING AND DELIVERY

Goods are generally shipped to the delivery address indicated by the Client, unless otherwise agreed. All delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Risk of loss shall pass to the Client upon delivery of the goods to the Client, unless otherwise required by applicable law.

If an item is unavailable after you have placed your order, we will inform you by e-mail as soon as possible. In such a case, you may either choose a substitute product offered in our store or cancel your order. If you choose cancellation and payment has already been processed, you will receive a refund. Otaku4U is not liable for unavailability of items.

If delivery to the Client is not possible because of incorrect or incomplete information provided by you, or if delivery is refused, the goods may be returned to us by the carrier. In such cases, you bear the cost of the unsuccessful dispatch.

Shipping is available exclusively within the United States. No international shipping, customs processing, or EU VAT applies, as production and fulfillment take place entirely within the United States.

For more details, please see our Shipping Policy.


SECTION 7 – INTELLECTUAL PROPERTY

All content and materials provided through the Services—including, but not limited to, text, images, graphics, logos, product designs, audio, video, and the overall design and arrangement—are the property of Otaku4U, its affiliates, or its licensors, and are protected by applicable copyright, trademark, and other intellectual property laws.

You may access and use the Services for your personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services without our prior written consent.

Otaku4U’s names, logos, product and service names, designs, and slogans are trademarks of Otaku4U or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other product and company names mentioned on the Services are the property of their respective owners.

Any unauthorized use of the Services or materials may violate intellectual property laws and result in legal consequences. All rights not expressly granted in these Terms are reserved by Otaku4U.



SECTION 8 – OPTIONAL TOOLS

We may provide you with access to third-party tools as part of our Services. These tools are provided “as is” and “as available” without any warranties, representations, or conditions of any kind and without endorsement.

We have no control over these tools and shall have no liability for any issues arising from or relating to your use of them. Your use of optional third-party tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third-party provider(s).

In the future, we may also offer new features, services, or tools through the store. Such new features and services will also be subject to these Terms of Service.



SECTION 9 – THIRD-PARTY LINKS

Our Services may contain links to third-party websites or embedded content provided by third parties. These links and materials are offered solely for your convenience.

We do not control and are not responsible for examining or evaluating the content, accuracy, or policies of any third-party websites. Accessing third-party websites is at your own risk, and we are not liable for any harm or damages arising from your use of such websites or resources.

Please carefully review the third party’s own terms, policies, and practices before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.



SECTION 10 – RELATIONSHIP WITH SHOPIFY 

Otaku4U is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Otaku4U. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Otaku4U, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Otaku4U. 

All provisions of these Terms apply only to the extent permitted by applicable law. Statutory consumer rights remain unaffected


SECTION 11 – PRIVACY POLICY
 
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.


SECTION 12 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. 
You also represent and warrant that:

  • (i) you own or have all necessary rights to all Feedback;
  • (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and
  • (iii) your Feedback will comply with these Terms. We are and shall be under no obligation
  • (1) to maintain your Feedback in confidence;
  • (2) to pay compensation for your Feedback; or
  • (3) to respond to your Feedback. 

 

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.


SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions, for example relating to product descriptions, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if necessary. For details on pricing errors, see Section 5 (Prices and Billing)


SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

  • (a) for any unlawful or malicious purpose;
  • (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
  • (e) to transmit false or misleading information;
  • (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms;
  • (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • (h) to impersonate or attempt to impersonate any other person or entity; or
  • (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Otaku4U, Shopify or users of the Services, or expose them to liability. 

In addition, you agree not to:

  • (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
  • (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;
  • (c) collect or track the personal information of others;
  • (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or
  • (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.


SECTION 15 – TERMINATION

We may suspend or terminate your access to the Services, in whole or in part, at any time and at our sole discretion, without prior notice. You will remain liable for all amounts due up to and including the date of termination.

The following provisions shall survive any termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.



SECTION 16 – DISCLAIMER OF WARRANTIES AND GENERAL LIMITATION OF LIABILITY

The information presented on or through the Services is provided solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk, and we disclaim all liability for any reliance placed on such materials by you or others.

EXCEPT AS EXPRESSLY STATED BY OTAKU4U, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. To the fullest extent permitted by law, Otaku4U disclaims liability for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, arising out of or relating to the Services, products purchased, or related transactions, regardless of legal theory and even if advised of the possibility of such damages.

In no event will Otaku4U’s aggregate liability exceed the purchase price actually paid for the product giving rise to the claim.

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for certain damages. In such cases, the above disclaimers and limitations will apply only to the extent permitted by applicable law.



SECTION 17 – SPECIFIC LIMITATIONS OF LIABILITY

In addition to Section 16, the following limitations apply:

  1. Viruses and Security Risks: Otaku4U shall have no liability for any loss or damage caused by viruses, malware, or other harmful material that may infect your computer, device, data, or other property due to your use of the Services or downloading of any material. Accessing or downloading content is at your own risk.

  2. Third-Party Websites: Our Services may contain links to websites operated by third parties. Otaku4U does not control and accepts no responsibility for the content, accuracy, security, or privacy practices of such websites. The inclusion of links does not imply endorsement, and we assume no liability for subsequent changes to such websites.

  3. Reference to General Limitations: These specific limitations apply in addition to the general disclaimers and liability limitations set out in Section 16.

 

Where local law does not allow exclusions or limitations, these provisions shall apply only to the extent permitted.


SECTION 18 – LIMITATION OF ACTION

No action, claim, or proceeding arising out of or relating to these Terms, the Services, or any transactions contemplated may be commenced against Otaku4U more than twelve (12) months after the basis for such claim could reasonably have been discovered.


SECTION 19 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Otaku4U, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party, arising out of or relating to:

  1. your breach of these Terms of Service or of any documents incorporated by reference;

  2. your violation of any law or the rights of a third party; or

  3. your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claims at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You agree to cooperate fully in the defense of indemnified claims, including by providing relevant documents and information.


SECTION 20 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. This determination shall not affect the validity or enforceability of the remaining provisions.



SECTION 21 – WAIVER; ENTIRE AGREEMENT

The failure of Otaku4U to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in relation to the Services, constitute the entire agreement and understanding between you and Otaku4U and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including prior versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.



SECTION 22 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt shall be null and void. Otaku4U may transfer, assign, or delegate these Terms, including its rights and obligations, without your consent or prior notice.



SECTION 23 – GOVERNING LAW & FORUM

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

All disputes arising out of or relating to these Terms, the Services, or any transactions contemplated must be brought before the competent courts at the place of business of Otaku4U (currently Oldenburg, Germany). You and Otaku4U expressly consent to venue and personal jurisdiction in such courts.



SECTION 24 – HEADINGS

The headings in these Terms of Service are included for convenience only and shall not limit or otherwise affect the interpretation of any provision.



SECTION 25 – CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates on our website.

It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.



SECTION 26 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at info@otaku4u.com.

Our contact details are:
Trading Name: Otaku4U
Email: info@otaku4u.com
Business Address: Edewechter Landstrasse 66, 26131 Oldenburg, Germany
Phone Number: +49 176 554 123 30
Business Registration Number: Not applicable
VAT Number: DE325017436 (EU VAT number on record; not applicable to sales, as all sales and fulfillment are exclusively U.S.-based).