Terms and Conditions

§ 1 General Provisions, Scope of Application

  1. These general terms and conditions (hereinafter referred to as "GTC") apply to all business relationships between Inodrink AG (hereinafter referred to as "Provider") and its customer in the version applicable at the time of conclusion of the contract.
  2. Any differing general terms and conditions of the customer are rejected.
  3. For the purposes of Section 1 (1), customers include both consumers and businesses. A consumer is any natural person whose purpose in placing an order cannot be attributed to a commercial, self-employed, or freelance activity. In contrast, a business is a natural or legal person or a partnership with legal capacity that places an order for commercial, self-employed, or freelance purposes.

§ 2 Ordering of one-off deliveries and conclusion of the contract

  1. The presentation of goods in the online shop does not constitute a binding offer by the provider to conclude a purchase agreement. The customer is merely invited to submit an offer by placing an order. Customers can view past orders in their user account.
  2. When you select one or more products, they are placed in your virtual shopping cart. All products in your cart can be viewed there. You can also change the quantity of products ordered or remove a product from your cart. Clicking the "Checkout" button will prompt you to enter the information required for shipping and to select a payment method. Before you finalize your order, a summary of all relevant information will be displayed. Clicking the "Buy Now" button completes the order process and submits your order.
  3. By submitting the order in the online shop, the customer makes a binding offer to conclude a purchase agreement for the goods contained in the shopping cart. By submitting the order, the customer also acknowledges these terms and conditions as the sole basis for the legal relationship with the provider.
  4. The seller confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet constitute acceptance of the contract offer by the seller. It merely serves to inform the customer that the order has been received by the seller. Acceptance of the contract offer is declared within two days by delivery of the goods or an explicit declaration of acceptance.
  5. Contrary to §2 (4), in the case of purchase by advance payment, the order confirmation simultaneously constitutes acceptance of the contract offer.

§ 3 Prices

  1. Orders are subject to the prices listed for the products at the time of ordering. All prices include German VAT and are exclusive of shipping costs. Additional costs will be calculated separately.

§ 4 Delivery conditions

  1. For deliveries to Germany, shipping costs of €7.00 are charged for orders under €50.00. Shipping to Germany is free for orders over €50.00.
    For deliveries to Switzerland, shipping costs of CHF 9.00 are charged for orders under CHF 60.00. Shipping to Germany is free for orders over CHF 60.00.
  2. The supplier is entitled to make partial deliveries and provide partial services. The supplier shall bear any costs incurred in this process.
  3. Delivery within Germany is handled via DHL or UPS, or other parcel services if necessary.
  4. If a buyer does not accept the goods, the supplier can, after a period of 2 weeks, sell the goods to a third party and hold the original buyer liable for any loss incurred.
  5. If the goods are unavailable due to force majeure or product discontinuation, or if the supplier is unable to procure the ordered products under reasonable conditions, and if these circumstances arose only after the conclusion of the contract and are not attributable to the supplier, then the supplier is released from the obligation to deliver. Should events occur that significantly impede or render delivery impossible for the supplier—for example, strikes, lockouts, official orders, or similar events—the supplier is not responsible for delays, even with regard to bindingly agreed deadlines and dates.
  6. If you exercise your right of withdrawal, the supplier will bear the regular costs of the return shipment.

§ 5 Payment Terms

  1. In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

    • Invoice: The payment term is 14 days from the date of dispatch of the goods/ticket or, in the case of other services, from the date the service is made available. The complete invoice terms and conditions for the countries where this payment method is available can be found here: Germany , Austria .
    • Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments according to the terms and conditions specified at checkout. Installment payments are due at the end of each month after Klarna sends you a monthly statement. Further information about installment purchases, including the terms and conditions and the European Standard Information for Consumer Credit for the countries where this payment method is available, can be found here (available only in the specified countries): Germany
    • Instantly: Available in Germany, the Netherlands, and Austria. Your account will be charged immediately after placing your order.
    • Direct debit: Available in Germany, the Netherlands, Sweden, and Austria. The amount will be debited after the goods have been shipped. You will be notified of the exact date by email.
    • Credit card (Visa/Mastercard): Available in Germany. Charges will be processed after shipment of goods or tickets / availability of the service according to the communicated schedule.

    The use of payment methods such as invoice, installment purchase, and direct debit requires a positive credit check. Therefore, as part of the purchase initiation and processing of the purchase agreement, we forward your data to Klarna for address and credit verification. Please understand that we can only offer you the payment methods that are permitted based on the results of the credit check. You can find further information and Klarna's terms of use here . General information about Klarna is available here . Your personal data will be processed by Klarna in accordance with applicable data protection regulations and as described in Klarna's privacy policy .

  2. For one-off orders, we offer invoice, credit card (Visa, Mastercard), PayPal, and instant bank transfer as payment methods. We reserve the right to exclude certain payment methods.
  3. If you pay by credit card, the amount will be reserved upon completion of the order, and the account will be debited upon shipment of the goods.

  4. For Switzerland: For purchases on account and installment payments

    Credit check and scoring:
     Inodrink AG reserves the right to obtain credit information about the customer in order to protect its own interests during the purchase process and may forward customer data to third parties for this purpose.
    For this purpose, the personal data required for a credit check (first and last name as well as address details) are transmitted to an external credit agency. CRIF AG, Hagenholzstrasse 81, 8050 Zurich, uses mathematical-statistical methods to conduct a corresponding assessment of creditworthiness and credit capacity. The information obtained regarding the statistical probability of payment default is then factored into the decision regarding the establishment, execution, or termination of the contractual relationship.
    The credit check is carried out in compliance with the relevant data protection regulations and with particular consideration for your legitimate interests. Please note that only CRIF AG can provide information about which data was used to calculate your credit profile.

    Purchase on account / Late payment fees:
    The invoice is payable within 15 days. The invoice is considered paid on time if the amount due is credited to the recipient's account by the end of the payment period. If the payment deadline is not met, and no fixed due date has been agreed upon, the customer will be placed in default by means of a payment reminder. In the event of default, the customer will be charged default interest of 5% plus a reminder fee of CHF 25. If the claim remains unpaid even after a second or third reminder has been sent, Inodrink AG reserves the right to assign the claim to a third party or engage a debt collection agency, at the customer's expense.

    Installment payment:
    For installment payments, you can choose between two or three installments. A fixed fee of CHF 5.00 including VAT will be charged for installment payments, in addition to the order total. We assign the claim to you for the processing of the installment agreement. The installments are payable as follows:
    The first installment is due within 10 days of the invoice date.
    The second installment is due within 40 days of the invoice date.
    The third installment is due within 70 days of the invoice date.

    If an installment payment is missed, the entire amount becomes due immediately.
    Example with three installments, for a shopping cart value of 1,500.00:
    The first installment of 501.65 (500.00 for warden + 1.65 for fees) is due within 10 days of the invoice date.
    The second installment of 501.65 (500.00 merchandise warden + 1.65 fee) is due within 40 days of the invoice date.
    The third installment of 501.70 (500.00 merchandise warden + 1.65 fee share) is due within 70 days of the invoice date.

    Legal enforcement/collection costs in case of late payment:
    The amount of legal enforcement/collection costs is calculated based on the outstanding claim:

    Amount of claim in CHF

    Legal enforcement/collection costs in CHF

    0 – 150

    max. 80.00

    151 – 600

    max. 175.00

    601 - 1000

    max. 230.00

    1000.01 – 10,000

    max. 860.00

    from 10,000.01

    9% of the outstanding claim

    Disclosure of personal data:
     Your personal data will be passed on to the transport company commissioned with the delivery or the relevant financial service provider as part of the contract processing, insofar as this is necessary for the delivery or payment of the goods.

§ 6 Transfer of Risk

  1. For customers, the risk of unforeseen loss or accidental damage to the ordered goods passes to the customer or a recipient designated by them upon delivery. This applies regardless of whether the shipment is insured or not. In all other cases, the risk of unforeseen loss or accidental damage to the ordered goods passes to the buyer upon delivery, or, in the case of mail order purchases, upon delivery of the goods to the carrier or other person or entity designated to carry out the shipment.

§ 7 Retention of Title

  1. For consumers, we retain title to the goods until full payment of the invoice amount. If you are an entrepreneur acting in the course of your commercial or self-employed professional activity, a legal entity under public law, or a special fund under public law, we retain title to the goods until all outstanding claims arising from the business relationship with the customer have been settled. These security rights are transferable to third parties.

§ 8 Due Date

  1. The purchase price is due upon conclusion of the contract.

§ 9 Disclaimer

  1. The customer's claims for damages are excluded unless otherwise specified below. The foregoing exclusion of liability also applies in favor of the provider's legal representatives and agents, insofar as the customer asserts claims against them.
  2. The exclusion of liability specified in section 1 does not apply to claims for damages arising from injury to life, body, or health, nor to claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract; for example, the provider must deliver the goods to the customer free from material and legal defects and transfer ownership of them. Also excluded from the limitation of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents.

§ 10 Prohibition of Assignment and Pledge

  1. The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded without the provider's consent, unless the customer proves a legitimate interest in the assignment or pledging.

§ 11 Set-off and right of retention

  1. The customer has a right of set-off only if their claim being set off has been legally established or is undisputed. Furthermore, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
  2. If the customer is in default of any payment obligations to us, all outstanding claims will become due immediately.
    For questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, as well as for the revocation of granted consent, please contact: +41 71 525 36 55

§ 12 Cancellation Policy

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days:

  1. In the case of a purchase contract, from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.
  2. In the case of a contract for several goods ordered as part of a single order and delivered separately, the period begins on the day on which you or a third party designated by you, who is not the carrier, took possession of the last item.

To exercise your right of withdrawal, you must inform us ( Inodrink AG, Müligässli 1, CH-8598 Bottighofen, Tel: +41 71 525 36 55, Fax: +41 71 525 36 55, E-Mail: service@gomo-energy.com ) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient that you send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of the revocation

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract.

Inodrink AG
c/o Pink Business Services eK
Gottlieb-Daimler-Str. 7
78467 Konstanz
Germany

to return or hand over the goods. The deadline is met if you send the goods before the fourteen-day period expires. We will bear the costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

§ 13 Cancellation form

If you wish to cancel the contract, please fill out this form and return it.

To:
Inodrink AG
c/o Pink Business Services eK
Gottlieb-Daimler-Str. 7
78467 Konstanz

or by email to
service@gomo-energy.com

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).

- Ordered on (*)/received on (*) ______________________________

- Name of consumer(s): ______________________________

- Order number: ______________________________

- Address of the consumer(s):

______________________________

______________________________

______________________________

- Signature of the consumer(s) (only for notifications on paper):

______________________________

- Date:

(*) Delete as appropriate.

§ 14 Statutory liability for defects

  1. All our products are covered by the statutory warranty for defects.

Important note: Please consult your doctor if you have any known intolerances. The same applies to possible interactions with other products you are taking at the same time.

§ 15 Money-back guarantee

  1. Beyond the statutory withdrawal period, the customer has the option to return the products within 16 days, with the right to a refund of the purchase price. This period begins upon receipt of the goods and after the expiry of the statutory withdrawal period.
  2. The customer is only entitled to the money-back guarantee if the product has been used to no more than one-third of its original contents. The goods must be returned at the customer's expense.
  3. The money-back guarantee applies to all our products. After successful receipt of the goods by the supplier within 16 days and if all the above-mentioned conditions are met, the full purchase price will be refunded to the customer.

§ 16 Vouchers & Refer a Friend

  1. Vouchers cannot be purchased but are issued as part of promotional campaigns. They are only valid for the specified period. After one use or upon expiry of the validity period, the voucher becomes invalid. Individual products may be excluded from the voucher promotion.
  2. For successful referrals of new customers through the "Refer a Friend" program, registered users of gomo-energy.com receive bonus points as part of the GoMo Bonus Program. Sufficient bonus points grant benefits to the registered user. The number of bonus points received is calculated as follows: the value of the referred person's order x 1. Only registered users who have already placed and paid for an order at gomo-energy.com can refer friends. Bonus points are only credited for referring new customers who have not previously been customers of Inodrink AG, and only after these new customers have completed and paid for an order. New customers referred receive a credit of €10 upon registration. This credit can only be redeemed with a minimum order value of €30, cannot be used in conjunction with a voucher, and cannot be paid out in cash. The credit is valid for one year.
  3. For administrative reasons, it is not possible to refund any remaining value of vouchers or credits. If the value of a voucher or credit is insufficient to cover the order, the remaining amount can be paid using the available payment options.
  4. Vouchers and credits can only be redeemed before completing the order process. Subsequent crediting is not possible.
  5. Vouchers and credit balances cannot be transferred to third parties. Multiple vouchers cannot be combined.
  6. Vouchers are non-refundable if goods are returned in whole or in part. Inodrink AG is not liable for the loss or theft of promotional vouchers.

§ 17 Choice of Law & Jurisdiction

  1. The contractual relationship between the provider and the customer is governed by the laws of the Federal Republic of Germany. This choice of law excludes the mandatory consumer protection provisions of the country in which the customer has their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
  2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the place specified by the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

Section 18 Data Protection

  1. The provisions of our privacy policy apply to data protection.

§ 19 Access to the contract text

  1. We save the contract text and send you the order details by email. You can view the terms and conditions at any time. You can view past orders in your customer account.

§ 20 Out-of-court online dispute resolution

  1. The European Commission provides a platform for online dispute resolution (ODR), which you can find via the link to the European Commission's platform . We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 21 Severability Clause

Should any provision of these terms and conditions be invalid, the validity of the remaining provisions shall not be affected.


Inodrink AG
 Müligässli 1
CH-8598 Bottighofen