Terms of service

General Terms and Conditions

INTELLIGAINS®, owner Thomas Hübert
Sandbochumer Str. 108, 59077 Hamm, Germany
Email: info@intelligains.shop · Phone: +49 173 3091652

§ 1 Scope

(1) These terms and conditions apply to all orders you place with us via our online shop at www.intelligains.shop. Deviating terms of the customer do not apply unless we expressly agree to them in writing.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB). A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or profession (§ 14 BGB).

§ 2 Contracting party and conclusion of contract

(1) Your contracting party is INTELLIGAINS, owner Thomas Hübert (address see above).

(2) The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.

(3) You can add products to the cart without obligation and check and change your entries at any time before submitting your order using the correction options shown during checkout. By clicking the order button, you submit a binding offer to purchase the products in your cart.

(4) Immediately after submitting your order, you will receive an automatic confirmation of receipt by email. The contract is concluded when we accept your offer by sending a separate order or shipping confirmation by email or by delivering the goods. If you choose a payment method where payment is triggered immediately during checkout (e.g. PayPal, credit card, Apple Pay, Google Pay), the contract is concluded as soon as the payment has been made successfully.

§ 3 Language of contract and storage of the contract text

(1) The contract languages are German and English. In case of any discrepancy between the language versions, the German version prevails.

(2) We store the contract text. We will send you the order details by email. You can view, print and save these terms and conditions on this page at any time.

§ 4 Prices and shipping costs

(1) The prices shown in the shop at the time of the order apply. As a small business within the meaning of § 19 of the German VAT Act (UStG), we do not charge or show VAT.

(2) Shipping costs are charged in addition to the product prices. The amount depends on the country of delivery and the products ordered. You can find them in our shipping information, and they are shown during checkout before you submit your order.

§ 5 Delivery and shipping

(1) We deliver within the European Union to the delivery address you provide. Collection is not possible.

(2) The delivery time is stated for each item. For payment in advance, it begins on the day after receipt of payment; for payment methods with immediate payment (e.g. PayPal, credit card, Apple Pay), on the day after payment; and for other payment methods, on the day after conclusion of the contract. If the last day of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.

(3) If your order contains items with different delivery times, we ship the order together in one parcel. In that case, the longest stated delivery time applies.

(4) Personalised items are made individually for you after your order. The delivery time for these items is stated separately for each item.

(5) If an item you ordered is unexpectedly unavailable, we will inform you without delay. In that case, we will reimburse any payments already made without delay.

(6) If you are a consumer, the risk of accidental loss and accidental deterioration of the goods only passes to you upon handover to you. If you are a business, the risk passes to you when the goods are handed over to the shipping company.

§ 6 Payment

(1) The available payment methods are shown during checkout.

(2) If you pay via a payment service provider (e.g. PayPal, Klarna, credit card providers), its terms also apply. We have no influence on additional payment options that a payment service provider offers you.

(3) The purchase price is due upon conclusion of the contract, unless otherwise stated for the respective payment method.

§ 7 Retention of title

The goods remain our property until full payment has been made.

§ 8 Personalised items

(1) For personalised items (e.g. a tank with a number of your choice), we make the goods according to your specifications. Please check your details carefully before submitting your order. Changes are no longer possible once production has started.

(2) Personalised items are excluded from the right of withdrawal (§ 312g(2) No. 1 BGB). Your statutory rights in case of defects remain unaffected.

§ 9 Right of withdrawal

Consumers have a statutory right of withdrawal. Details can be found in our cancellation policy.

§ 10 Warranty

(1) The statutory warranty rights apply.

(2) If the goods are obviously damaged on delivery, please complain to the delivery agent immediately if possible and inform us. Failure to do so has no effect on the statutory rights of consumers. However, it helps us to assert our own claims against the shipping company.

(3) For businesses, the limitation period for claims based on defects is one year from delivery of the goods. § 377 German Commercial Code (HGB) remains unaffected. This does not apply to claims for damages under § 11.

(4) Slight differences in colour between the product photo and the goods may result from the display on your screen. Insofar as they are customary in the trade, they do not constitute a defect.

§ 11 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, where we have given a guarantee, and under the German Product Liability Act.

(2) In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely.

(3) Otherwise, liability for slightly negligent breaches of duty is excluded.

(4) The above limitations of liability also apply in favour of our vicarious agents.

§ 12 Discount codes

(1) Discount codes are only valid during the stated period and only under the respective conditions stated (e.g. minimum order value, single use per person).

(2) One discount code can be redeemed per order unless otherwise stated. Discount codes cannot be exchanged for cash.

§ 13 Dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law only applies insofar as it does not deprive you of the protection of mandatory provisions of the law of the country in which you have your habitual residence.

(2) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Hamm.

(3) Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions remains unaffected.

Last updated: October 2026