Terms & Conditions
§ 1 Scope
The following terms and conditions apply to the supply and sale of our products, in particular through distance sales to private consumers and other purchasers. The provisions of contracts apply for purchasers who are not private consumers only on the condition that the right of cancellation specified under § 8 does not apply. The right of return generally only applies for distance sales. Any deviating general terms and conditions are only deemed valid, if they were expressly agreed with us. Any terms and conditions of the customer are hereby rejected.
§ 2 Conclusion of contract
Your order by telephone, in writing or via the online shop and our corresponding confirmation triggers the conclusion of a legal agreement between you and us.
§ 3 Availability of the contract contents
The contract is translated from the German language. The contract will be sent to you after ordering, and at the latest with the delivery of order confirmation. Additionally, you can access the contract for printing or download at all times on the website www.autofascination.com under the menu item "IMPRINT + TERMS AND CONDITIONS".
§ 4 Nature and essential characteristics of the goods
The nature, characteristics and quality of the delivered goods are contained in the information of the respective product descriptions on our website www.autofascination.com.
§ 5 Non-availability of goods
We do not bear any procurement risks. We do not bear any procurement risks. The conclusion of contract is subject to self-supply; the reservation is only valid for consumers if we have concluded a specific hedging transaction, and do not receive delivery from the supplier without fault. We will notify the customer of the non-availability of goods immediately, and refund any customer payments without delay.
§ 6 Prices, delivery and payment modalities
All prices are stated inclusive of VAT applicable at the time of the execution. Goods that are in stock are shipped within 5 business days. If the goods in order are not in stock, we will order the goods immediately, and notify the customer with the expected delivery date accordingly and without delay. The payment of the goods takes place either in advance or by cash on delivery. Note that the delivery of goods on payment (reservation) takes place only after remission of the full sum to our account.
§ 7 Warranty
Our warranty obligation, ie our obligations relating to the delivery of defective goods, is governed by the general statutory provisions. It is understood that the incorporation of tuning products may shorten the service life of the engine/devices. The installation will invalidate the vehicle manufacturer or the vehicle seller warranty or guarantee. The performance enhancement of vehicles requires a new type registration in respect of vehicle liability and comprehensive insurance. Unless expressly agreed otherwise, our products come without TÜV certificate / ABE. The buyer is obligated to ensure the preservation of the insurance cover. Use on public roads takes place at the customer's own risk. In commercial traffic, the warranty period is limited to one year. Only unopened auxiliary control units with an existing serial number label are liable for exchange. Returns are only accepted with postage paid and labeled with a previously allocated RMA number. Manufacturer service updates that require a hardware or software update on our part are executed only by effort and against payment. We assume no liability for the correct functioning of our products following control unit updates by third parties.
Any complaints are to be addressed to:
§ 8 Right of cancellation*
Natural persons have a right of cancellation within fourteen days without statement of reason. The cancellation period amounts to fourteen days from the date of taking possession of the goods by the purchaser or any nominated third party other than the carrier. To exercise your right of cancellation, you have must notify us (Powerhouse Tuning Products GmbH, Wiesenstrasse 6, 64347 Griesheim, phone: 06155-868180 fax: 06155-8681810, e-mail: firstname.lastname@example.org) by means of a clear declaration (eg by post, fax or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form; however, this is not required. Compliance with the cancellation period requires dispatch of the notice of exercise of the right of cancellation prior to expiration of the cancellation period. Exceptions to the right of cancellation apply for delivery of goods that are custom-made according to customer specifications, or clearly tailored to personal needs.
Effects of cancellation*
If you withdraw from the present contract, we will reimburse all payments we have received from you including the costs of delivery (with the exception of any additional costs arising due to the fact that you have selected any method of delivery other than the most affordable method offered by us), immediately and at the latest within fourteen days from the date of receipt of notification of your cancellation of this contract by us. We will use the same method of payment that was used for the original transaction for reimbursement, unless expressly agreed otherwise; in any case, you will be charged any fees incurred for repayment. We may withhold reimbursement until we have received the returned goods, or until you have demonstrated that you have returned the goods, whichever the earlier. You must return the goods or hand them to us immediately, and, in any event, no later than fourteen days from the date of notification of cancellation of this contract. The deadline is deemed met if you dispatch the goods within a fortnight. You must bear the direct cost of returning the goods. You are only liable for payment for diminished value of the goods if such loss of value is due to any handling of the goods that is not necessary for the determination of the nature, characteristics and functioning of the goods.
* The right of cancellation applies only to private customers. Commercial entities are explicitly excluded from the right of cancellation & return, and are therefore not entitled to the 14-day return policy.
§ 9 Retention of title
The delivered goods remain our property until full payment.
§ 10 Data retention, Data protection
We will treat all personal information collected from you in strict confidence. Any data required for implementation of contract is stored electronically and processed as necessary for the processing and execution of contract. We do not conduct any data collection, transmission and/or other processing of personal customer data for other purposes. The full data protection conditions are specified under the separate heading "Privacy".
§ 11 Damages
The liability is limited to typical, foreseeable damages for any unintentional breach of contractual obligations by us that is not grossly negligent. The above limitation of liability does not apply for injuries to life, body or health. The limitation of liability is also invalid if the customer asserts claims under product liability law.
§ 12 Applicable law
The law of the Federal Republic of Germany exclusively applies for all deliveries.
§ 13 Jurisdiction and other provisions
The place of jurisdiction is agreed to be at our headquarters, if you are a trader or have no general place of jurisdiction in the Federal Republic of Germany. If any provisions prove to be invalid, this does not result in the invalidity of the entire contract and any other contractual provisions. The ineffective provision is replaced by the appropriate statutory requirements.
Managing Director Elke Schnell
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