General Terms and Conditions

General Terms and Conditions of Inuk Produktentwicklungs- und Produktions-GmbH

INUK Product Development and Production Ltd.
Am Kellerholz 10
D - 17166 Teterow
VAT ID: DE326525668

Managing Director: Jörn Lorenz
E-mail:

§ 1 Contractual partners, scope of application

(1) Inuk Produktentwicklungs- und Produktions-GmbH (hereinafter referred to as "Inuk") provides the online shop Kayak Innovations (hereinafter referred to as "Kayak Innovations") at www.kayak-innovations.com, where customers can purchase kayaks and accessories for their kayaks.

(2) The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts via the Inuk online shop with its customers who purchase goods as consumers or entrepreneurs via the platform.

(3) These General Terms and Conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and insofar as their validity has been expressly agreed to by Inuk.

(4) A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

§ 2 Conclusion of contract, provision of services

(1) The product presentations in the Inuk online shop represent purchase offers to the customer. By clicking on the "Buy now" button at the end of the order process, the customer accepts this offer as binding.

(2) The placement of products in the online shop constitutes a binding offer to conclude a contract for these items. To accept this offer, the customer can first place the products in the shopping basket without obligation and then click on the "Checkout" button to initiate the order process. After entering the delivery and dispatch address and selecting a payment option, the customer is taken to the final order page. Here they can check their order again and change their details if necessary. By clicking on the "Buy / order with obligation to pay" button, the customer accepts Inuk's binding offer. Immediately after submitting the order, the customer receives a confirmation of the purchase contract by e-mail.

§ 3 Delivery, shipping conditions

(1) With regard to delivery costs and delivery times, reference is made to Inuk's current shipping costs table. The customer will also be shown the exact delivery costs during the ordering process.

(2) Collection on site is possible.

§ 4 Terms of payment

(1) All prices include the applicable statutory value added tax. The tax is shown separately on the invoice.

(2) The prices at the time of the customer's order shall apply. The customer is informed of the period of validity of the limited offers where they are displayed in the shop.

(3) Payment for the goods may be made in accordance with the payment methods proposed in the order process and under the conditions specified therein. Inuk reserves the right to exclude certain payment methods depending on the result of the verification of the customer's data (identity and credit check). The following payment methods are generally available to the customer in the online shop:

(a) Credit card

The customer enters their credit card details when placing the order. After legitimisation as the legitimate cardholder, the payment transaction is carried out automatically and the card is debited.

(b) PayPal

During the ordering process, the customer is redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, they must be registered there or register first, legitimise themselves with the access data and confirm the payment instruction to the seller.

The payment transaction will be carried out automatically by PayPal immediately afterwards. The customer receives further instructions during the order process.

If the customer selects prepayment as the means of payment, he will receive a request for payment of the goods after conclusion of the contract. Once the goods have been paid for, they will be dispatched by Inuk.

(4) Should the Customer fall into arrears with payment, Inuk reserves the right to charge the Customer a flat-rate reminder fee of €5.99 for the second and all subsequent reminders, irrespective of whether the first reminder was sent to the Customer by post or email. However, the customer is permitted to prove that the damage incurred by Inuk is less than the flat-rate fees. In the event of late payment, the customer undertakes to reimburse all costs, expenses and cash outlays incurred by Inuk in pursuing its claims. This includes, without prejudice to any obligation to reimburse costs under procedural law, all extrajudicial costs incurred by a debt collection agency or lawyer.

(5) The customer is entitled to assert rights of retention against Inuk's claim for payment to which he is entitled in accordance with § 320 BGB or which otherwise result from the same contractual relationship. The customer is not entitled to any other rights of retention.

(6) The Customer is entitled to offset an undisputed or legally established claim against Inuk's claim for payment. The customer is also entitled to set off a claim resulting from the fact that Inuk has not fulfilled its obligations or has not fulfilled them properly if these obligations are in a relationship of performance and counter-performance with the payment claim against which the set-off is to be made. In addition, offsetting is excluded.

§ 5 Retention of title

(1) Inuk retains title to the delivered goods until payment has been made in full.

(2) Inuk is authorised to make partial deliveries to the usual extent.

§ 6 Liability, warranty

(1) Unless expressly agreed otherwise, the statutory warranty rights shall apply.

(2) Inuk shall be liable without limitation in cases of intent, gross negligence and culpable injury to life, limb or health.

(3) Notwithstanding the aforementioned cases of unlimited liability, Inuk shall only be liable for slightly negligent breach of duty in the event of breach of material contractual obligations, i.e. obligations whose fulfilment is essential for the proper performance of the contract or whose breach jeopardises the achievement of the purpose of the contract and on whose compliance the other party may regularly rely, but limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.

(4) The above limitations of liability shall not apply to liability under the Product Liability Act.

(5) This liability rule also applies in favour of employees, representatives, organs, vicarious agents and processors of Inuk.

§ 7 Revocation

(1) Consumers have a 14-day right of cancellation. This is based on the cancellation policy on the website.

(2) In order to exercise this right of cancellation, consumers must inform Inuk of their decision to cancel the contract by means of a clear declaration (by post or email). Consumers can use the cancellation form on the Inuk website for this purpose, but this is not mandatory.

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of cancellation, you must contact us [INUK Produktentwicklungs- und Produktions-GmbH, Am Kellerholz 10, 17166 Teterow, ] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to INUK Produktentwicklungs- und Produktions-GmbH, Am Kellerholz 10, 17166 Teterow immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

(3) The right of cancellation does not exist

for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer,
for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
if these have been inseparably mixed with other goods after delivery due to their nature
as well as the delivery of audio or video recordings or
Computer software in a sealed package if the seal has been removed after delivery,
for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.

(4) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for compensation due to damage caused by defective packaging.

§ 8 Contract language, contract text storage

(1) The language available for the conclusion of the contract is German.

(2) Inuk saves the text of the contract and sends the customer the order data and GTC by e-mail.

§ 9 Data security, data protection

(1) Inuk shall observe the applicable data protection regulations, in particular those valid in Germany, and shall oblige its employees deployed in connection with the contract and its implementation to maintain data secrecy, unless they are already generally obliged to do so.

(2) If Inuk collects, processes or uses personal data, it warrants that it is authorised to do so in accordance with the applicable provisions, in particular those of data protection law.

(3) Inuk will only collect and use customer-related data to the extent required to fulfil this contract. The customer consents to the collection and use of such data to this extent.

(4) Inuk is authorised to pass on the necessary data to third parties if it commissions them to carry out work in relation to the customer order.

(5) For the rest, reference is made to the Privacy policy the Inuk pointed out

§ 10 Consumer dispute resolution

(1) The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.

(2) Inuk is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 11 Force majeure

Neither of the contracting parties shall be obliged to fulfil the contractual obligations in the event of and for the duration of force majeure. The following circumstances in particular are to be regarded as force majeure in this sense:

fire/explosion/flooding for which the contractual partner is not responsible,
War, mutiny, blockade, embargo,
industrial action lasting more than 6 weeks and not culpably brought about by the contractual partner,

Each contracting party must inform the other immediately in writing of the occurrence of a case of force majeure.

§ 12 Miscellaneous

(1) German law shall apply exclusively, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the relevant statutory provisions.

(3) There are no verbal or written collateral agreements.

(4) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and Inuk shall be the registered office of Inuk.