General Terms and Conditions

§ 1 Scope and Definitions

(1) These General Terms and Conditions apply to contracts between Innogun GmbH & Co. KG, hereinafter “Innogun”, and consumers for the supply of goods, including related ancillary services.

They apply to contracts concluded through the online shop and to contracts concluded, in particular, by telephone, email, messenger, in writing, at Innogun’s business premises or outside its business premises.

(2) These General Terms and Conditions do not apply to contracts for exclusively digital content, subscription contracts or contracts whose main purpose is an independent work or service, unless their application to such contracts has been expressly agreed.

(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

(4) Individual agreements between Innogun and the customer take precedence over these General Terms and Conditions.

(5) The customer’s deviating, conflicting or supplementary terms and conditions shall become part of the contract only if Innogun has expressly agreed to their application.

§ 2 Conclusion of Contract

(1) The presentation of goods in the online shop, in catalogues, price lists, brochures, other advertising materials or through other Innogun communication channels does not constitute a legally binding offer, but an invitation for the customer to submit an offer to conclude a contract, unless expressly stated otherwise.

(2) When placing an order through the online shop, the customer submits a binding offer to conclude a contract by clicking the final order button.

The electronic acknowledgement of receipt does not constitute acceptance unless it is expressly identified as an order confirmation or declaration of acceptance.

(3) For orders placed outside the online shop, the customer submits a binding offer by placing the order, unless the statement is clearly intended merely as a non-binding enquiry.

(4) Receipt of an online-shop order will be confirmed to the customer electronically without undue delay. A mere acknowledgement of receipt does not constitute acceptance of the contractual offer unless expressly identified as an order confirmation or acceptance of the contract. For orders placed outside the online shop, a corresponding acknowledgement of receipt will be provided only where one is issued.

(5) Innogun may accept the offer within five working days of receipt. Working days are Monday to Friday, excluding public holidays at Innogun’s registered office.

Acceptance may occur, in particular, by means of an order confirmation, request for payment, shipping confirmation, notice that the goods are ready for collection, handover or delivery.

(6) If the customer selects a payment method under which payment is requested immediately after the order is placed or the payment method is charged immediately, Innogun accepts the customer’s offer when the payment is requested or the charge is initiated, unless a different time of contract formation is expressly stated during the order or offer process.

A purely technical authorisation or reservation of an amount, without an actual charge to the payment method, does not constitute acceptance.

(7) If Innogun does not accept the customer’s offer within the acceptance period, the customer is no longer bound by the order. Any payments already made will be refunded without undue delay.

(8) If an order confirmation deviates from the customer’s order, it shall be deemed a new offer by Innogun. A contract with the amended terms is concluded only if the customer expressly accepts the new offer or accepts it through unequivocal conduct.

(9) Where agreement is reached directly at Innogun’s business premises, the contract is concluded when the parties agree on the goods and the price.

§ 3 Prices and Payment Terms

(1) All prices stated are total prices in euros and include the applicable statutory VAT. Shipping costs are not included in the price of the goods unless delivery is expressly stated or agreed to be free of charge.

(2) The customer bears the costs of delivering and shipping the goods to the delivery address provided. These include postage, freight, forwarding, transport and transport-related packaging costs disclosed before the contract is concluded.

For online-shop orders, shipping costs are shown during the ordering process. For contracts concluded outside the online shop, they are communicated in particular in the offer or in a cost overview.

If shipping costs cannot reasonably be calculated in advance, the customer will be informed before submitting their contractual declaration that additional shipping costs may apply. The method of calculation or, where possible, a reliable cost estimate will also be provided.

(3) The customer shall bear additional costs for express shipping, scheduled delivery, special packaging or special transport arrangements only if they expressly select or agree to the additional service.

(4) For partial deliveries, the customer shall pay no more than the shipping costs that would have applied to a single complete delivery. Any additional costs arising from a split delivery arranged solely by Innogun shall be borne by Innogun, unless the split delivery is at the customer’s request.

(5) Available payment methods and payment terms will be communicated to the customer before the contract is concluded.

(6) The purchase price becomes due in accordance with the agreed payment method and the payment terms communicated to the customer before the contract is concluded.

Unless otherwise agreed or stated in connection with the selected payment method, the purchase price is payable without deduction within 14 calendar days after receipt of the invoice and delivery of the goods.

If the invoice is received before delivery of the goods, the payment period begins upon delivery.

(7) If a payment service provider is used, payment processing may also be subject to that provider’s contractual terms and terms of use. These terms do not affect the existence of the purchase contract between Innogun and the customer.

(8) Advance payment is required only if agreed before or at the time the contract is concluded, or if selected as the payment method in the online ordering process.

(9) The customer may set off claims if their counterclaims are undisputed, have been finally adjudicated or are ready for a decision. This restriction does not apply to counterclaims arising from the same contractual relationship.

The customer may exercise a right of retention, in particular, in respect of counterclaims arising from the same contractual relationship. The customer’s mandatory statutory rights remain unaffected.

§ 4 Delivery

(1) Delivery will be made to the delivery address provided by the customer, unless collection or another form of handover has been agreed.

For orders placed through the online shop, delivery is available only to the delivery areas specified there.

(5) Partial deliveries are permitted insofar as they are reasonable for the customer. Section 3(4) remains unaffected.

(6) If the customer’s cooperation is required to perform the contract, the delivery or performance period will be extended only to the extent and for as long as delivery or performance is actually impeded by the customer’s failure to cooperate in a timely or proper manner.

(7) If, despite having entered into a timely and congruent covering transaction, Innogun is not supplied by its supplier through no fault of its own and the ordered goods are therefore permanently unavailable, Innogun may withdraw from the contract, provided it has not assumed a procurement risk.

Innogun will inform the customer without undue delay that the goods are unavailable. Any payments already made will be refunded without undue delay.

(8) Unforeseeable and unavoidable events beyond Innogun’s control, including natural disasters, war, acts of terrorism, official measures, lawful industrial action, serious transport disruptions, energy or raw-material shortages through no fault of Innogun, cyberattacks or other events of force majeure, will extend delivery and performance periods by the duration of the impediment plus a reasonable restart period.

This applies only insofar as Innogun is not responsible for the event or its effects. Innogun will inform the customer without undue delay of the impediment and its expected duration.

Payments already made for deliveries or services that ultimately will not be provided will be refunded without undue delay.

(9) If collection has been agreed, the customer will be notified as soon as the goods are ready for collection.

If, despite the due date, a request to collect and a reasonable additional period, the customer fails to collect the goods and is in default of acceptance under the statutory provisions, Innogun may store the goods at the customer’s expense.

Only necessary and reasonable costs may be reimbursed. The customer may prove that no costs or substantially lower costs were incurred.

§ 5 Retention of Title

(1) The goods delivered remain the property of Innogun until the purchase price due for the respective goods has been paid in full.

(2) The customer must notify Innogun without undue delay of any third-party access to goods subject to retention of title, particularly seizures or attachments.

The customer is required to reimburse any resulting costs only insofar as the customer is responsible for the third-party action or for breaching the notification obligation.

§ 6 Right of Withdrawal

(1) In the case of distance contracts and contracts concluded away from business premises, the customer generally has a statutory right of withdrawal insofar as provided by law and no statutory exclusion or expiry ground applies.

(2) A distance contract exists in particular where Innogun and the customer use exclusively means of distance communication for negotiations and conclusion of the contract, and the contract is concluded within an organised distance-selling or service-provision system.

This may include, in particular, contracts through the online shop or by telephone, email, WhatsApp or another messaging service.

(3) As a rule, there is no statutory right of withdrawal for contracts concluded exclusively at Innogun’s business premises, unless a specific statutory right of withdrawal applies or Innogun expressly grants a voluntary right of withdrawal or return.

(4) The conditions, time limits and procedure for exercising the right of withdrawal, as well as its legal consequences, are set out in the separate withdrawal instructions.

The withdrawal instructions will be provided to the customer in good time before they submit their contractual declaration and, after conclusion of the contract, on a durable medium where legally required.

(5) For a distance contract that is subject to withdrawal and concluded through Innogun’s online user interface, the customer may also declare withdrawal using the electronic withdrawal function provided there.

During the statutory withdrawal period, the withdrawal function can be accessed through a prominently placed and easily accessible button labelled “Withdraw from contract” or another equally clear phrase.

After the withdrawal has been submitted electronically, the customer will promptly receive an acknowledgement of receipt on a durable medium, containing at least the content of the withdrawal declaration and the date and time it was received.

(6) The right of withdrawal may be excluded in particular for contracts for the supply of goods:

a) that are not prefabricated and whose manufacture depends on an individual selection or specification by the customer;

b) that are clearly tailored to the customer’s personal needs;

c) that can spoil quickly or whose expiry date would quickly be exceeded;

d) that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; or

e) that, after delivery, have become inseparably mixed with other goods due to their nature.

Whether a ground for exclusion or expiry applies is determined by the statutory provisions. The customer will be separately informed before submitting their contractual declaration if no right of withdrawal exists for the goods ordered.

A claim for compensation for loss of value or the premature expiry of the right of withdrawal arises only under the statutory conditions.

(7) These General Terms and Conditions and the withdrawal instructions do not establish a voluntary right of return or exchange for contracts for which no statutory right of withdrawal exists.

§ 7 Liability for Defects and Guarantees

(1) The statutory rights relating to defects apply to the goods supplied.

(2) The customer is asked, where possible, to report externally visible transport damage to the carrier immediately and to inform Innogun.

Failure to comply with this request does not affect the customer’s statutory rights relating to defects and is not a prerequisite for asserting them.

(3) For goods with digital elements, the applicable statutory provisions also apply, particularly those concerning the provision of updates required to maintain conformity with the contract.

(4) Innogun provides a separate guarantee only where a statement is expressly designated as a guarantee and its content, particularly its material, temporal and geographical scope, is specified with sufficient clarity.

(5) A manufacturer’s guarantee exists alongside statutory rights relating to defects and does not restrict them. The content and scope of a manufacturer’s guarantee are determined by the manufacturer’s respective guarantee statement.

§ 8 Liability

(1) Innogun shall be liable without limitation for damage resulting from injury to life, body or health caused by a breach of duty by Innogun, its legal representatives or vicarious agents.

(2) Innogun shall also be liable without limitation for damage caused by an intentional or grossly negligent breach of duty by Innogun, its legal representatives or vicarious agents, as well as in cases of fraudulent concealment of a defect or where a guarantee has been assumed.

(3) In the event of a slightly negligent breach of material contractual obligations, Innogun’s liability is limited to compensation for the damage typical of the contract and foreseeable at the time the contract was concluded.

Material contractual obligations are obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the customer may regularly rely.

(4) Otherwise, Innogun’s liability for damage caused by slight negligence is excluded.

(5) Where Innogun’s liability is excluded or limited, this also applies for the benefit of its legal representatives, employees and vicarious agents.

(6) Liability under the German Product Liability Act and under other mandatory statutory liability provisions remains unaffected.

§ 9 Foreign Trade Law, Export Controls, Sanctions and Embargoes

(1) The contract will be performed in compliance with the mandatory provisions of German and European foreign trade, export control, customs, embargo and sanctions law applicable in each case.

(2) To the extent and for as long as a legal prohibition prevents performance of a contractual obligation, or a required authorisation, clearance or official permit has not been obtained, Innogun is not obliged to perform the affected part of the delivery or service.

This does not apply insofar as Innogun is responsible for the impediment to performance.

Where applying for a required authorisation or permit falls within Innogun’s responsibility, Innogun will apply for it with the diligence required in commercial dealings.

(3) If there are concrete indications of a legal prohibition, an authorisation requirement or another breach of mandatory applicable foreign trade law, Innogun may suspend the affected part of the delivery or service for the reasonable period required for legal review.

Innogun will inform the customer without undue delay of the suspension and its main reasons, insofar as such information is legally permitted.

(4) If delivery or performance is permanently prohibited by law or a required authorisation is definitively refused, the statutory provisions apply.

Payments already received for deliveries or services that ultimately will not be provided will be refunded without undue delay. The customer’s statutory rights in respect of circumstances for which Innogun is responsible remain unaffected.

§ 10 Communication via WhatsApp or Messenger

(1) If the customer contacts Innogun via WhatsApp or another messaging service, further communication may take place through the communication channel selected by the customer.

Innogun may additionally use email or post for contractual documents, consumer information or declarations that must be provided on a durable medium.

(2) The customer is not required to use a messaging service to communicate with Innogun. In particular, the customer may communicate with Innogun by email, telephone or post.

(3) Particularly sensitive information should not be sent via messaging services, including complete payment details, passwords, login credentials, health data or identity documents, unless transmission is necessary in the individual case and appropriately secured.

(4) Legally significant declarations by the customer, particularly notices of withdrawal, rescission or defects, may be made through any suitable communication channel, unless the law requires a specific form.

(5) Using a messaging service for contractual communication does not constitute the customer’s consent to receive advertising.

(6) Information about the processing of personal data when using messaging services is provided in Innogun’s separate privacy notices.

§ 11 Applicable Law and Final Provisions

(1) All legal relationships between Innogun and the customer are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

In relation to consumers, this choice of law applies only insofar as it does not deprive the customer of the protection afforded by mandatory provisions of the law of the country in which the customer habitually resides, from which no derogation by agreement is permitted.

(2) The statutory provisions apply to the place of jurisdiction.

(3) The language of the contract is German.

(4) If any provision of these General Terms and Conditions does not become part of the contract, in whole or in part, or is invalid, the validity of the remaining provisions shall remain unaffected.

The statutory provisions shall replace any provision that has not been incorporated into the contract or is invalid.