Conditions

• 1 General

1. All contracts concluded with DITUPA GmbH (hereinafter referred to as "we") are subject to the following terms and conditions. They are a legally binding part of all our business transactions and are bindingly accepted by the buyer upon placing the order. No verbal ancillary agreements have been made.
2. The place of performance and exclusive jurisdiction for all current and future claims and liabilities arising from business relationships is our registered office for us and for contracting parties who are merchants, legal entities under public law, or special funds under public law. German law applies.
3. If any of the provisions is or becomes legally invalid in whole or in part, the remaining provisions shall not be affected.

• 2 Offer and conclusion of contract

1. All offers are subject to change without notice. References to information and images in catalogs and price lists are for illustrative purposes only and do not oblige us to deliver products that are accurate to the image or dimensions. The decisive factor is the customary and standardized quality of the item. If the buyer is not a consumer, any guarantees provided require our written confirmation to be effective. Public statements made by other manufacturers regarding the quality of a purchased item are not binding on us vis-à-vis a buyer who is not a consumer, unless these statements are confirmed by us in writing.
2. Our product presentations on the Internet do not constitute an offer to conclude a contract, but merely represent an invitation to submit an application.
3. The buyer submits a binding contractual offer by successfully completing the ordering process provided in our online shop. The order process is completed in the following steps:

1. Selection of the desired goods or digital goods
2. Adding products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar)
3. Checking the goods in the shopping cart
4. Call up the order overview by clicking the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar).
5. Entering/verifying address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy
6. Completion of the order by clicking the “Buy now” button, which represents the binding order

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

• 3 Subject matter of the contract and essential characteristics of the products

1. In our online shop, the subject of the contract

1. The sale of goods. The specific goods offered can be found on our product pages.
2. The sale of digital goods, such as software and media downloads. The specific digital goods offered can be found on our product pages.

1. The essential characteristics of the goods and digital goods are determined by the item description.
2. The sale of digital goods is subject to the restrictions stated in the product description or otherwise arising from the circumstances. Unless otherwise agreed in writing, the subject matter of the contract is solely for the private and commercial use of the products, without the right to resale or sublicense.

• 4 Delivery, delivery delays and acceptance

1. Delivery deadlines 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, provided the buyer is a business. If such disruptions lead to a delay of performance of more than four months, the buyer may withdraw from the contract. Other rights of withdrawal remain unaffected.
2. The risk of loss or damage to goods ordered by a business owner passes to the buyer upon dispatch, even if partial deliveries are made or freight-free delivery has been agreed. Insurance is only provided upon express request and is at the buyer's expense. Unless specifically instructed, the choice of means and routes of transport is made without guaranteeing the cheapest and fastest method of transport. Failure to meet delivery deadlines does not release the buyer from the obligation to accept the goods.
3. If we demand compensation for damages due to the buyer's unjustified refusal to accept the goods, this shall amount to 15% of the respective purchase price. The amount of damages shall be higher or lower if we prove greater damage or the buyer proves lesser damage.
4. For custom-made products, we reserve the right to deliver more or less than 10% of the ordered quantity.

• 5 Payment, late payment and offsetting

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

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

1. If the buyer defaults on payment, we are entitled to demand payment of all outstanding invoices arising from the business relationship, cancelling any agreed due dates, with a payment period of 10 days.
2. Offsetting against purchase price claims is only permitted with undisputed or legally established due claims. The assertion of retention rights and other rights to refuse performance is excluded unless they arise from the same contractual relationship.

• 6 Warranty and Liability

1. After collection or delivery, the goods must be checked immediately for accuracy, completeness, and integrity. Any 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 failure to report such defects, the warranty is void. The warranty is excluded for used items, custom-made items, performance-enhancing goods, and items not installed by us or an authorized workshop. In the latter case, a current installation manual and invoice from the authorized workshop must be submitted.
2. Transport damage or missing items must be certified on the consignment note by the railway, otherwise by the driver or the persons involved in unloading, stating their names and addresses.
3. If a defect is demonstrably identified, we will determine whether to deliver a replacement or repair the goods, unless the buyer is a consumer. In the event of subsequent performance for a buyer who is not a consumer, we will not bear any costs incurred because the item requiring subsequent performance was brought to a location other than the buyer's commercial premises, unless this does not correspond to the intended use of the item. The warranty period for buyers who are not consumers is one year from delivery of the item. If sending the delivery item to the delivery plant is necessary to verify the defectiveness, the subsequent delivery shall be subject to the delivery plant confirming the defectiveness of the delivery item. In such a case, replacement delivery shall only be made against invoice.
4. The buyer cannot demand compensation in lieu of performance. We are liable for personal injuries caused by simple negligence and for property damage that is typically foreseeable for us and results from the breach of essential contractual obligations. Furthermore, liability is limited to property damage caused by us through gross negligence or intent. To the extent that the damage is covered by insurance taken out by the buyer for the relevant claim, we are only liable for any associated disadvantages to the buyer, e.g., higher insurance premiums or interest losses, until the claim is settled by the insurance company.
5. The delivery note must be enclosed with all shipments or returns. Any costs incurred due to an unjustified complaint of defects are borne by the buyer.
6. Obligation to provide information in accordance with Section 36 of the Consumer Dispute Resolution Principles: We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
7. Not permitted under the Road Traffic Act.

• 7 Retention of title

1. We retain title to the delivered items until all payments under the respective delivery contract have been received. 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 against the buyer from ongoing business relationships. Goods to which we have (co-)ownership are hereinafter referred to as "reserved goods."
2. Combining, processing, transformation, and the like of the delivered items are always carried out for us as the manufacturer, but without any obligation on our part. The buyer then receives a prospective right to the reserved item in the amount of our share of ownership. However, if our (co-)ownership expires as a result, it is agreed that the buyer's (co-)ownership of the unified item shall pass to us in proportion to its value (invoice value).
3. 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 stated in Section 6, Paragraph 2, in particular through resale, the buyer hereby assigns to us as security any claims arising therefrom, regardless of whether the buyer sells the goods together with other services or to one or more buyers. The buyer shall immediately notify us of any agreed prohibitions on assignment. At our request, the buyer shall notify the third-party debtors of the assignment, provide us with all information necessary to assert our rights, and hand over all documents to us.
4. The buyer is obligated to treat the reserved goods with care, to bear any costs incurred, and to store them free of charge. The buyer may not pledge them, assign them as security, or dispose of them in any similar manner. Any such impairment must be reported to us immediately. The buyer, who is a business owner, is obligated to insure the reserved goods against fire and theft at his own expense and to provide us with proof of this upon request by presenting an insurance certificate.
5. If the buyer defaults on payment or fails to comply with his obligations under the retention of title, we may demand the delivery item from the buyer and, after giving written notice within a reasonable period of time, dispose of it in the best possible way by private sale, offsetting the proceeds from the sale against the purchase price.
6. If we demand the return of the delivery item, the buyer is obligated 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 on payment, the buyer hereby irrevocably authorizes us to immediately collect the reserved goods and to enter his business and storage premises without hindrance for this purpose.
7. The buyer shall bear all costs associated with the return and disposal of the delivered goods. The disposal costs shall amount to 10% of the disposal proceeds, including VAT, without the need for proof. They may be higher or lower if we prove higher costs or the buyer proves lower costs. The proceeds will be credited to the buyer after deducting the costs and any other claims related to the contract.
8. If the buyer fails to treat the item in accordance with his obligations under the retention of title or fails to comply with his duty to provide information, maintaining the contract is unreasonable for us. In this case, we may – if necessary after setting a deadline – withdraw from the contract and demand compensation in lieu of performance.

§ 8 DITUPA App
(1) The customer has the possibility to purchase different tuning licenses on the website
The subject of the contract is the tuning license purchased
contained service and the provision of the respective contained
Programming via the DITUPA app.
(2) The description of the tuning license on
the website ditupa.app.
(3) To order the program, the customer must click on the “Checkout” button.
This initiates the registration process and the contract is concluded.
During the registration process, personal data must be entered and the
The payment method must be selected. The customer then makes the payment.
Once the payment has been made, the customer receives a TAN generated for the customer in text form with which
he can use the DITUPA app. By activating the DITUPA app, after successful
Connection to the vehicle (preferably with the DITUA WIFI adapter) the “tuning license” for
The first connected and compatible vehicle can be used. The customer is advised
It should be noted that if compatibility is established between the first connected
vehicle and the acquired “tuning license” a use of the license for other vehicles
is excluded. The customer is responsible for ensuring that only the vehicle with the app
which is actually supposed to receive the “tuning license.” The use of the
“Tuning license” for more than one vehicle is excluded.
(4) The presentation of the services in the distributor’s online portal represents a non-binding
This constitutes an invitation to the customer to register. The customer is responsible for the registration
obliged to provide truthful information. Acceptance of an online registration
is at the sole discretion of the distributor. If registration is not accepted by the distributor
accepted, the distributor shall inform the customer immediately.
(5) The distributor is permitted – within the limits of what is legally permissible and subject to
Consideration of mutual, legitimate interests – a credit check
The distributor reserves the right to impose certain conditions on initial and subsequent orders.
Payment methods – depending on the credit check – can be excluded.
(6) The contract is concluded with the distributor.
(7) The contract language is German.
(8) The buyer is advised that the change in the performance data may
The vehicle's operating license expires. The changes made by the activated license
Changes must be reported to the relevant public authorities in order to obtain the operating permit.
and approved by them. Otherwise, the vehicle in question may not
may only be driven on routes outside the scope of the German Road Traffic Act. The buyer
is due to the increased demands on the engine in connection with the increase in performance,
Turbocharger, gearbox, axles, all moving parts, etc. and the resulting
The buyer is advised of the possible resulting shorter duration of functionality.
obliged to report the additional payment to his motor insurance. For these circumstances, the
We will not be liable for any possible consequences, especially for the associated costs.
The buyer acknowledges this and waives any liability towards us.
the assertion of any claims arising from the receipt of the license via the DITUPA app.
(9) All information such as power, consumption and speed are approximate values, which
may be slightly exceeded or underestimated, as the data collected is
Reference vehicles, which may differ in condition from the buyer's vehicle.
Power and torque specifications may vary slightly from the manufacturer's specifications
Liability is excluded in these cases.
(10) It is expressly pointed out that we do not accept any liability for possible damages or
Consequential damages (e.g. installation damage, engine damage, transmission damage, clutch damage,
Drivetrain damage, damage to vehicle components, etc.) as well as installation and removal costs
We are liable for damage to the engine or other parts of the vehicle.
only insofar as they are caused by faulty, i.e. not properly installed, components
functioning parts or software. Liability for damages caused solely
due to the higher engine load is excluded.
There is no liability for damages caused to the buyer or a third party by improper
Treatment, installation, wear, unusual external influences, moisture, heat
or cold. Proof of the defectiveness of the parts installed by us
is the responsibility of the buyer. Furthermore, consequential damages arising from positive
breach of contract or due to warranty law within the statutory framework
This applies in particular to the assertion of loss of use and
rental car costs incurred.
(11) A liability for compensation under the Product Liability Act or other provisions
derived liability claims for property damage to the vehicle, where the
Software update was carried out or to other objects or personal injuries
are excluded.
(12) We draw your attention to possible legal consequences, including the loss of
Operating license, public law sanctions of any kind and the loss of
existing insurance coverage.
(13) The warranty for the software or hardware installed by us is two years from
the time of installation. The repair will be carried out in our workshop in Schmittenweg
4, 6600 Reutte, Austria, by free replacement or free repair of the parts,
which we have recognized as defective. Replaced parts become the property of the company
Dieseltuningparts. For the parts installed during repair or defect removal
is guaranteed until the expiration of the warranty period of the purchased item. The buyer
must notify us of the defect immediately in writing, whereby text form is sufficient.
After the defect has been discovered, we are immediately given the opportunity to rectify
There is no right to replacement delivery for software updates.
expressly pointed out that changes in design and performance may void the
Manufacturer warranty or used car warranty or dealer warranty.
(14) Furthermore, consequential damages arising from a positive breach of contract or due to
Warranty rights are excluded within the statutory framework. This applies in particular to the
Claims for loss of use and rental car costs incurred.
(15) In the event of resale of the vehicle, the buyer undertakes to
Tuning software to inform the purchaser of the general terms and conditions of Dieseltuningparts.
(16) A software license is valid for one chassis number and may therefore only be used for one
All products supplied and used by us may therefore
may not be copied or imitated. Any violations of this law, regardless of the
A contractual penalty of EUR 25,000 shall be imposed depending on the degree of fault.
§ 9 Further service conditions
(1) Regularly recurring services begin, unless otherwise agreed with the customer
agreed, from the moment the distributor receives the payment (credit on the
distributor's business account), but no later than three working days
after receipt of payment, unless a shorter period is agreed in connection with the service.
or longer performance period is expressly stated.
(2) In case of delays in performance, the distributor will inform the customer immediately.
(3) If the service is not available or only available within a reasonable period of time,
The distributor will inform the customer immediately. If the customer has already
has provided the service and the distributor is in default with the service, the distributor
immediately refund any payments made to the customer.
§ 10 Data storage and data protection
(1) The customer is aware of and agrees that the data required to process the order
The necessary personal data is stored on data media by the distributor.
The customer agrees to the collection, processing and use of his personal data
for the purpose of contract execution. The stored personal data
will of course be treated confidentially by the distributor. The collection,
Processing and use of the customer’s personal data is carried out in compliance with
of the Federal Data Protection Act (BDSG), the Telemedia Act (TMG).
(2) The customer has the right to withdraw his consent at any time with effect for the future.
In this case, the distributor is obliged to immediately delete or block the
personal data of the customer in accordance with the applicable data protection regulations
Regulations unless you comply with the corporate retention obligations of
Legal transactions are contradicted.
§ 11 Term of the contract
The contract duration of the individual “tuning license” results from the respective description of the
“Licenses” on the distributor’s website. The contract ends at the end of the contract term.
There is no automatic renewal of the contract. At the end of the
The customer's access to the booked "license" will be blocked. Upon termination of the contract
the customer's right to use the services offered by the distributor is lost.
§ 12 Right of withdrawal
Customers who are consumers have a right of withdrawal under the distance selling regulations
according to which the contractual declaration can be revoked in accordance with the following instructions:
- Cancellation policy -
Right of withdrawal:
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g.
letter, fax, email). The period begins after receipt of this instruction in text form, but not
before the conclusion of the contract and also not before fulfilling our information obligations according to Article 246 § 2 in
In conjunction with §1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in
In conjunction with Article 246 § 3 EGBGB. To comply with the cancellation period, it is sufficient to
Sending the revocation.
The revocation must be addressed to:
DITUPA
Schmittenweg 4
A-6600 Reutte
Attn: Marco Strauss
Email: app@ditupa.com or shop@dieseltuningparts.com
Consequences of revocation:
In the event of an effective revocation, the services received by both parties must be returned
and any benefits derived (e.g. interest). If you can return the received service
and uses (e.g. benefits of use) are not or only partially or only in a deteriorated
If you return or hand over the goods in a condition that is not in the original condition, you must compensate us for the value of the goods.
This may result in you being unable to meet your contractual payment obligations for the period up to the date of revocation.
Obligations to reimburse payments must be met within 30
days. The period begins for you with the dispatch of your cancellation notice, for us with
their reception.
Special notes:
Your right of withdrawal expires prematurely if the contract is terminated by both parties on your express
wish is fully fulfilled before you have exercised your right of withdrawal. When purchasing a “Tuning-
License" the contract is fulfilled by the distributor if the customer successfully uses the DITUPA app
could be activated. Actual activation by the customer is irrelevant.
- End of the cancellation policy –
Note for DITUPA APP in particular:
The right of withdrawal does not apply to goods/services which, due to their nature, are not suitable for
are suitable for return or for goods / services that are manufactured according to customer specifications
or are clearly tailored to personal needs. Therefore, there is no
Right of withdrawal, if the goods / services were downloaded at the customer’s request or in a
The right of withdrawal does not apply to
Distance selling contracts for the delivery of digital goods (e.g. programs, streaming videos, etc.), since
These are non-returnable. A revocation is therefore only possible as long as the contract has not been
The contract is deemed to be fulfilled as soon as the customer has made the payment and
the generated TAN was communicated to the customer by the distributor, so that a successful
Activation of the DITUPA app and the possibility of using the “tuning license” was created.
Content is immediately accessed via the DITUPA app when the customer uses the app program
navigated or used. From this point on, no revocation is possible. A refund of the
As a result of exercising the right of withdrawal, the purchase price is no longer possible.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) In the case of consumers who do not conclude the contract for professional or commercial purposes
the above choice of law shall only apply to the extent that the protection granted by
mandatory provisions of the law of the country in which the consumer
habitual residence is withdrawn.