Conditions

General terms and conditions diesel tuning parts

1. General

All contracts concluded with the company Dieseltuningparts (hereinafter: we) are based on the following conditions. They are a legally binding part of the contract for our entire business transactions and are recognized as binding by the buyer when the order is placed. Oral subsidiary agreements were not made.
The place of performance and exclusive place of jurisdiction for all current and future claims and liabilities from business relationships for us and contracting parties who are merchants, legal entities under public law or special funds under public law is our company headquarters. German law applies.
If one of the provisions is or becomes wholly or partially invalid, the remaining provisions shall not be affected.

2 Offer and conclusion of contract

All offers are always non-binding. References to information and illustrations in catalogs and price lists are for illustrative purposes only and do not oblige us to supply true-to-size or true-to-size images. The commercial and standardized nature of the item is decisive. If the buyer is not a consumer, acceptance of a guarantee requires our written confirmation to be effective. Public statements by other manufacturers regarding the quality of a purchased item do not bind us to a buyer who is not a consumer, unless we confirm this information in writing.
Our product presentations on the Internet do not contain an application to conclude a contract, but merely represent an invitation to submit an application.
The buyer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order is made in the following steps:

Selection of the desired goods or digital goods
Adding the products by clicking on the corresponding button (e.g. "Add to shopping cart", "Into the shopping bag" or similar)
Checking the goods in the shopping cart
Calling up the order overview by clicking on the corresponding button (e.g. "Continue to checkout", "Continue to payment", "To order overview" or similar)
Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy
Completion of the order by confirming the "Buy now" button, which represents the binding order

The order confirmation sent by us represents the acceptance of the buyer's offer. The contract between us and the buyer is concluded upon receipt of the order confirmation.

3 Subject matter of the contract and essential features of the products

In our online shop is the subject of the contract

The sale of goods. The specific goods offered can be found on our article pages.
The sale of digital goods, eg software and media downloads. The specific digital goods offered can be found on our article pages.

The essential features of the goods and digital goods are based on the item description.
The restrictions evident from the product description or otherwise resulting from the circumstances apply to the sale of digital goods. Unless otherwise agreed in writing, the subject of the contract is only the private and commercial use of the products without the right to resell and sublicense.

4 Delivery, Delays in Delivery and Acceptance

Delivery times are non-binding unless otherwise agreed in writing. Partial deliveries are permitted. Special circumstances, such as force majeure, strikes, etc., extend the delivery time appropriately and entitle us to withdraw from the contract in whole or in part if the buyer is an entrepreneur. If such disruptions lead to a delay in performance of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
The risk of loss or damage to the goods ordered by an entrepreneur passes to the buyer upon dispatch, even if partial deliveries are made or carriage paid delivery has been agreed. Insurance is only provided upon express request and is at the expense of the buyer. In the absence of special instructions, the choice of means and routes of transport is made by us without guaranteeing the cheapest and fastest shipping. Failure to meet delivery times does not release the buyer from the purchase obligation.
If we demand compensation for damages because the buyer refuses to accept the goods without reason, this amounts to 15% of the respective purchase price. The amount of damage is to be set higher or lower if we can prove higher damage or the buyer can prove lower damage.
In the case of custom-made products, an excess or short delivery of 10% of the ordered quantity is reserved.

5 Payment, Late Payment and Set-off

The payment claims are due for payment immediately, unless we offer purchase on account.
In the case of purchase on account, payment must be made within 30 days of the invoice date without deduction to the account specified for the buyer. Payment must be made within the period in such a way that the amount required to settle the invoice is available to us by the due date at the latest.
Representatives or other employees are not entitled to collect. Payments to these persons do not release us from the payment obligation unless they have authorization to accept payments.
If partial payments have been agreed, the entire remaining debt - regardless of the due date - is due for payment immediately if

The buyer, who is not an entrepreneur, is in arrears in whole or in part with at least two consecutive installments and the amount with which he is in arrears is at least 1/10 of the purchase price or
The buyer, who is an entrepreneur, is in arrears with an installment for 14 days, has stopped payments or insolvency proceedings have been opened against his assets.

If the buyer is in default of payment, we are entitled to make all open invoices from the business relationship due with a payment period of 10 days, canceling agreed due dates.
Set-off against purchase price claims is only permitted with undisputed or legally established due claims. The assertion of rights of retention and other rights to refuse performance is excluded, unless they stem from the same contractual relationship.

6 Warranty and Liability

After collection or delivery, the goods must be checked immediately for correctness, completeness and integrity and defects must be reported to us within two days if the buyer is not a consumer. Hidden defects must be reported within one week of discovery. If further defects or damage arise due to the failure to report this, the warranty is excluded. The warranty is excluded with regard to used items, custom-made products, goods to increase performance and items that were not installed by us or an authorized workshop. In the latter case, daily updated installation instructions and an invoice from the authorized workshop must be submitted.
Transport damage or shortages must be certified on the consignment note by the railway company, otherwise by the driver or the persons involved in unloading, stating their names and addresses.
If a defect can be proven to occur, we determine whether we will subsequently deliver or repair it, unless the buyer is a consumer. In the case of supplementary performance for the benefit of a buyer who is not a consumer, we shall not bear any costs that arise from the fact that the item requiring supplementary performance was brought to a location other than the commercial establishment of the buyer, provided this does not correspond to the intended use of the item. The warranty period for the buyer who is not a consumer is one year from delivery of the item. If it is necessary to send the delivery item to the supplying plant to check the defectiveness, the subsequent delivery will be made subject to the condition that the defectiveness of the delivery item is confirmed by the supplying plant. In such a case, the replacement delivery will only be made against invoicing.
Compensation for damages instead of performance cannot be demanded by the buyer. In the case of simple negligence, we are liable for personal injury and property damage that typically occurs and is foreseeable for us and that results from the breach of essential contractual obligations. In addition, liability is limited to damage to property caused by us through gross negligence or willful misconduct. If the damage is covered by an insurance taken out by the buyer for the damage in question, we are only liable for any associated disadvantages for the buyer, e.g. higher insurance premiums or interest disadvantages until the damage has been settled by the insurance company.
All shipments or returns must be accompanied by the delivery note. The costs arising from an unjustified notice of defects shall be borne by the buyer.
Obligation to inform according to § 36 Consumer Dispute Settlement Basic Law: We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

7 Retention of Title

We reserve ownership of the delivery items until receipt of all payments from the respective delivery contract. If the buyer is an entrepreneur, the retention of title also applies to the claims (including all balance claims from current accounts and current invoices) that we have from the current business relationship with the buyer. Goods to which we have (joint) ownership are referred to below as reserved goods.
Connection, processing, transformation and the like of the delivery items are always carried out for us as the manufacturer, but without any obligation for us. The buyer then receives an expectant right to the reserved item in the amount of our ownership share. However, if our (joint) ownership expires as a result, it is agreed that the buyer's (joint) ownership of the uniform item shall pass to us in proportion to the value (invoice value).
The buyer may only sell or process reserved goods in the ordinary course of business. If the retention of title expires for reasons other than those mentioned in Section 6 (2), in particular due to resale, the buyer hereby assigns to us any claims arising from this as security, regardless of whether the goods are sold together with other services or to one or more customers sold. The buyer shall inform us immediately of agreed prohibitions on assignment. At our request, he shall notify the third-party debtors of the assignment, provide us with all the information we need to assert our rights and hand over all the documents to us.
The buyer is obliged to treat reserved goods with care, to bear the costs incurred and to store them free of charge. He may not pledge them, assign them as security or dispose of them in any other way. Such an impairment must be reported to us immediately. The buyer, who is an entrepreneur, is obliged to insure the goods subject to retention of title against the risk of fire and theft at his own expense and to provide us with proof of this by presenting an insurance certificate upon request.
If the buyer is in default of payment or does not meet his obligations from the retention of title, we can demand the return of the delivery item from the buyer and, after written notification within a reasonable period of time, sell it by private sale as best we can, taking into account the proceeds from the sale.
If we demand the return of the delivery item, the buyer is obliged to return the delivery item to us immediately, excluding any rights of retention - unless they are based on the delivery contract. In the event of default in payment, the buyer hereby irrevocably permits us to collect the reserved goods immediately and to enter his business and storage premises unhindered for this purpose.
All costs of taking back and recycling the delivery item shall be borne by the buyer. The exploitation costs amount to 10% of the proceeds from the exploitation including sales tax without proof. They are to be set higher or lower if we can prove higher costs or the buyer can prove lower costs. We shall credit the purchaser with the proceeds after deducting the costs and other claims associated with the contract.
If the buyer does not treat the item in accordance with his obligations from the retention of title or if he does not comply with his information obligations, it is unreasonable for us to maintain the contract. In this case, we can - if necessary after setting a deadline - withdraw from the contract and demand damages instead of performance.