Tuningkit Technologies GmbH & Co. KG
Ulmer Str. 123
hereinafter “Tuningkit Technologies”.
The following standard terms and conditions (“STC”) apply to contracts between Tuningkit Technologies and its customers for the delivery of goods to its customers, especially its products Tuningkit Go and Tuningkit Speed (hereinafter “Tuningkit”)
2. Conclusion of Contract
2.1 The following applies to orders placed in the online shop (www.tuningkit.com):
The descriptions of products in the online shop do not constitute an offer that is legally binding on us, but just a non-binding online catalogue.
The languages available for concluding contracts are German, English, Spanish, French, Italian, Dutch and Portuguese.
Regardless of the languages provided, the actual contract is concluded exclusively in German.
By clicking the function “Add to Shopping Cart” you select a product for purchase and the quantity being ordered. When you have selected the products you wish to order, click the function “Payment Type” to indicate how you wish to pay and to enter your customer data including the invoicing address and, if different, the address to which the goods are to be delivered. Then you can click the function “Check Order” to recheck all the information you have entered and make corrections, remove products from the shopping cart and/or change the quantities ordered.
You can correct information entered by you by using standard mouse and keyboard functions in the corresponding entry fields.
By clicking on “Send Order” you make a firm offer to purchase the goods contained in the shopping cart and this offer is binding on you, subject to your statutory revocation and withdrawal rights. Confirmation of receipt of your order should follow immediately after your order has been sent, but this does not yet not mean that a contract that binds us has been concluded on the basis of your order.
A contract is concluded when Tuningkit Technologies accepts your firm offer to purchase (order) by sending an order confirmation by email. We can also accept your order by simply sending the goods.
We store the contract text and send you the order data and our STC by email.
For reasons of security, your order data can then no longer be accessed through the internet.
2.2 The following applies to orders placed through ebay:
Tuningkit Technologies only lists articles in ebay in their “Buy It Now” format. By placing an article in the “Buy It Now” format, Tuningkit Technologies makes a firm offer that allows ebay members to acquire the article at the stated price.
By clicking on “Buy It Now”, you will be transferred to the page “Checkout: review order”. Then you can check the details of your order (article, price, shipment, delivery and payment). If you want to make any changes, use the “back” function of your browser to return to the article or page where the item is offered, where you can make corrections or abort the order process and start over.
By clicking on “Buy”, you cause a legally binding sales contract with Tuningkit Technologies to be formed. You will be informed of this contract by email.
2.3 The following applies to orders placed through Amazon:
By clicking the button “Add to Shopping Cart” you select the article you want and the quantity you want to order. Then the article is added to your shopping cart. By clicking on “View Shopping Cart” you obtain a display of the selected “articles”. For each article in the shopping cart you can change the quantity you want to order or click on “Delete” to remove it from the shopping cart.
By clicking on “Proceed to Checkout”, you will be transferred to a page on which you can enter your email address and login by clicking on “I am a customer and my password is” and entering your password or else login as a new customer by clicking on “I am a new customer”.
If you click on “Continue (via the secure server)”, you can enter the delivery address and confirm this by clicking on “Deliver to This Address”. By clicking on “Continue” you can select the payment method and enter your data for electronic payment. On the following page you can check your entries again and make changes by clicking on “Change”. Click on “Buy Now” to conclude the sales contract for this article. You will be informed of the contract by email.
To correct your entries before placing your order, you can use the Amazon functions by clicking on “Change” and then using standard mouse and keyboard functions in the appropriate entry fields. If you want to make any changes, use the “back” function of your browser to return to the order page or the page where the article is offered and then make corrections or abort the order process and start over.
3. Prices and Payment Conditions
All prices are final prices and include statutory value added tax.
There are no shipping or packaging costs for goods ordered through our online shops within Germany, Austria and Switzerland. For all other orders and for deliveries to other countries, there may be shipment or packaging costs, the customer will be notified of very clearly before placing a firm order.
3.1 Payment by PayPal:
Payment by PayPal is available to all customers who have opened a PayPal account. When paying by PayPal, you transfer the invoice total via PayPal to our PayPal account. As soon as the full amount has been posted to our account, your order will be activated and immediately released for shipment.
3.2 Direct Payment in Advance:
This mode of payment is available to all customers. When paying in advance, you just have the invoice total transferred to our bank account. As soon as the full amount has been posted to our account, your order will be activated and immediately released for shipment. Our bank account details will automatically be sent to you at the end of the order process.
3.3 Cash on Delivery:
This mode of payment is only available within Germany. This is the simplest mode of payment. A COD fee of 3.90 euros is charged.
3.4 Payment by Credit Card:
This mode of payment is available to all customers who have a credit card. When paying by credit card, you provide us with the following information in a secure process: name of the credit card holder, credit card number, type of card (VISA / MasterCard), valid dates, and the credit card verification value. When this data has been received, the total invoice amount is charged to your credit card, and your goods are prepared for shipment. Processing is done through a secure connection by our payment services provider PayOne.
3.5 Cash Payment upon Collection:
This mode of payment is available to all customers who personally collect the goods they have ordered.
Insofar as nothing else is stated or agreed, when goods are ordered they are shipped on the same day if the order is received by 16 hours.
Insofar as nothing else is stated, goods are delivered in the European Union within 24 hours provided payment of the purchase price has been received in full and cash on delivery (COD) has not been agreed.
We are entitled to deliver partial quantities insofar as this is not unreasonable for the customer.
If the customer is a consumer, the risks of accidental loss or deterioration of the goods pass to the customer when the purchased goods are handed over to the customer.
In all other cases, these risks pass to the customer when the goods are handed over to the transport company (section 447 BGB – German Civil Code).
5. Retention of Ownership, Offsets, Rights of Retention
The goods delivered continue to be property of Tuningkit Technologies until all claims arising from the sales contract have been paid in full.
Before payment in full, the customer must notify Tuningkit Technologies of all efforts of third parties to seize the goods during debt enforcement proceedings and of all changes in the identity of the person who exercises actual control over the goods.
Offsets against claims of Tuningkit Technologies is possible only with claims of the customer which are not disputed by Tuningkit Technologies or which have been established by a final declaratory judgement of a court.
The customer may exercise rights of retention only if the customer’s counter-claim is based on the same contractual relationship.
6. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us
Tuningkit Technologies GmbH & Co. KG
Ulmer Str. 123
Tel.: +49 (0) 7161 / 1587870
Fax: +49 (0) 7161 / 1587899
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such 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 shall send back the goods or hand them over to us or, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7. Material Defects and Liability
7.1 Material Defects
The limitations period for customer claims arising from material defects in goods delivered expires in two years from date of delivery, in accordance with the statutory regulations.
Customer claims arising from material defects become invalid if the customer, acting without the consent of Tuningkit Technologies, changes the Tuningkit, handles it improperly, or uses it in a way that is not related to proper installation or proper operation. In particular, this includes technical diagnostic measures and mechanical effects on the Tuningkit. The term “improper handling” also covers mechanical effects which arise from overload. Such an overload would, for example, be use of the Tuningkit in racing.
The following liability limitations notwithstanding, Tuningkit Technologies is liable without limitations for loss of human life, bodily injury and damages to health based on negligent or intentional violation of duty on the part of our legal representatives or assistants, for all damages that are covered by liability under the German Product Liability Act and for all damages based on intentional or grossly negligent breach of contract or deceit on the part of our legal representatives or our assistants. Insofar as Tuningkit Technologies has issued a guarantee of characteristics and/or durability, Tuningkit Technologies is also liable in the context of this guarantee. In the case of damages that are based on the absence of a guaranteed characteristic or durability but do not occur directly on the goods, Tuningkit Technologies is liable only if the risk of such damages is evidently covered by the guarantee of characteristics and/or durability.
Tuningkit Technologies is also liable for damages caused by slightly negligent violation of cardinal contractual duties, the violation of which endangers achievement of the purpose of the contract, and also liable for violation of contractual duties, the fulfilment of which is required for the contract to properly executed at all and on the fulfilment of which customers normally rely and may rely, but only insofar as the damages in these cases are damages that are predictable and are typical of the type of contract in question. Insofar as the damages are covered by insurance (other than fixed sums insurance) taken out by the buyer for the case of damages at hand, Tuningkit Technologies is liable only for any disadvantages that accrue to the buyer, such as, for example, an increase of the insurance premiums or interest losses for the time until the claim has been adjusted.
Further liability is barred regardless of the legal nature of the claims asserted. Insofar as liability of Tuningkit Technologies is barred or limited, this also applies to the personal liability of our employees of all types, workers, agents and other assistants.
The customer is hereby advised that use of a Tuningkit can cause oil consumption to rise by as much as 30% and that wear and tear on the vehicle parts increases when supplementary performance is invoked.
Tuningkit Technologies reserves the right to make product-related changes with respect to technology, form, colour, weight, and design of the product insofar as such changes or differences are not unreasonable for the buyer in view of the interests of Tuningkit Technologies.
If the customer changes vehicles, it is generally possible to have the products that were bought from Tuningkit Technologies (Tuningkit Go, Tuningkit Speed) reprogrammed for a fee within the first 36 months after the purchase date, subject to this clause 8.
Tuningkit Technologies generally reserves the right to decline the customer’s request for reprogramming without stating a reason. Requests for reprogramming shall be accepted by Tuningkit Technologies expressly in writing. An email shall be sufficient to comply with the requirement of the written form.
The buyer must submit the payment document to Tuningkit Technologies for the purpose of proving the purchase date.
If Tuningkit Technologies agrees to carry out the reprogramming, the customer shall be entitled to the warranty rights set forth in clause 7 above only for the software or products (e.g., cables, if any, needed for Tuningkit Speed) that are newly purchased as part of the reprogramming.
The reprogramming shall not give rise to any further rights. In particular, no guarantee given for the product and/or the engine shall be extended as a result of the reprogramming. Furthermore, the reprogramming shall not cause the limitation periods applicable to the products already purchased by the customer to begin again. In all other respects, the customer’s rights shall remain unaffected
9. Data Protection
The customer has the right to withdraw his or her consent pursuant to 8.1 at any time with respect to the future. If the customer does so, then Tuningkit Technologies must immediately delete the customer’s personal data unless orders from the customer are being processed, in which case the customer data is deleted as soon as order processing has been completed.
10. Loss of Guarantee Claims and Effects on Warranty
By installing a Tuningkit the customer loses his or her guarantee claims vis-à-vis the guarantor of the motor vehicle in respect to its engine.
Installing a Tuningkit can have a negative effect on the customer’s claims under the warranty vis-à-vis the motor vehicle vendor in respect to the altered motor vehicle. The customer cannot make Tuningkit Technologies liable for this.
11. General Type Approval and Insurance Protection
When installing a Tuningkit in a motor vehicle, the customer is aware that its use leads to termination of the general type approval for the motor vehicle. This has the consequence that a motor vehicle which has been altered in this way may no longer be used in public road traffic. The customer must organize technical acceptance by an officially recognized test facility within the meaning of Section 19 of the German Road Traffic Approval Ordinance (StVZO) on his or her own responsibility and at his or her own expense. The customer is likewise aware that in the absence of general type approval there is also no insurance protection.
In view of the diversity of products and equipment in the area of motor vehicles, Tuningkit Technologies is not in a position to check and warrant all characteristics for compatibility. There is no agreement to the effect that the motor vehicle will be suitable for acceptance by an officially recognized test facility within the meaning of Section 19 StVZO.
12. Place of Jurisdiction
If the buyer is a merchant, the place of jurisdiction for all disputes is Amtsgericht Ulm (District Court in Ulm) or, if they are not competent, then Landgericht Stuttgart (Regional Court Stuttgart).
13. Closing Provisions
If individual provisions of these Standard Terms and Conditions and/or a contract to which they are a supplement are or become ineffective, this shall not affect the effectiveness of the remaining provisions.
Tuningkit Technologies GmbH & Co. KG, February 2017
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