Terms and Conditions

Terms of Service
 

1. Application

1.1. These general terms and conditions ("GTC") apply to all closed purchase contracts between VR-Tuning-Power UG (hereinafter "VR-Tuning") and you as a customer, provided that you are a consumer ("customer").

1.2. A consumer in the sense of § 13 BGB is every natural person who concludes a legal transaction for purposes that can mainly be attributed neither to their commercial nor their independent professional activity.

1.3. The terms and conditions apply exclusively.

Verbal agreements before or upon conclusion of the contract require written confirmation from VR-Tuning in order to be effective, as well as changes or additions to the agreements made.


2. Conclusion of contract

2.1. Purchase contracts between VR-Tuning and customers can be concluded via the VR-Tuning online shop, the online sales platforms eBay and Amazon, by telephone and on site in the VR-Tuning sales rooms.

Offers from VR-Tuning are subject to change and non-binding.

2.2. Conclusion of contract via the VR-Tuning online shop

The presentation of goods in the VR-Tuning online shop does not constitute a binding offer. When you place an order - by clicking the "Buy Now" button - you are submitting a binding contractual offer to purchase. VR-Tuning will send you an automatic order confirmation via email, which documents the order again. This automatic order confirmation only confirms that the order has been received by VR-Tuning and does not constitute an acceptance of your offer. The contract is only concluded when VR-Tuning confirms that the goods have been sent to you by separate email or by sending the goods , If a delivery of the goods you have ordered is not possible, for example because the corresponding goods are not in stock, VR-Tuning refrains from a declaration of acceptance. A contract is not concluded in this case. VR-Tuning will inform you of this immediately and refund any consideration already received.

2.3. Conclusion of contract via the online sales platform eBay

VR-Tuning will place the goods on the online sales platform ebay in the "Buy It Now" or "Best Offer" format. Placing an item on eBay in the "Buy It Now" offer format represents a binding offer on the part of VR-Tuning to conclude a purchase contract. Clicking the "Buy" button results in a legally binding purchase contract between you and VR-Tuning. VR-Tuning will inform you of the conclusion of the contract again by separate email.

2.4. Conclusion of contract via the online sales platform Amazon

The offering of goods via the online sales platform Amazon represents a binding offer on the part of VR-Tuning. By clicking the button "buy now", a legally binding purchase contract is concluded between you and VR-Tuning.

2.5. Conclusion of contract on site with VR-Tuning or by phone

A purchase contract between you and VR-Tuning can also be made on site in the VR-Tuning sales rooms or by telephone. You make the offer to conclude a purchase contract. With the acceptance of the offer by VR-Tuning, a legally binding purchase contract is concluded between you and VR-Tuning.

2.6. Storage of the contract text

The text of the contract will not be saved.

2.7. Legally relevant declarations and notifications that customers have to submit to VR-Tuning after the contract has been concluded (e.g. setting deadlines, reminders, declarations of withdrawal) must be in writing in order to be effective.


3. Right of withdrawal

3.1. As a consumer, you have the following right of withdrawal when making a purchase via the VR-Tuning online shop, the online sales platforms eBay and Amazon, or by telephone:

- Right of withdrawal -

Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must contact us

VR tuning-power UG

Receipt of goods

Heerstrasse 339

13593 Berlin

Germany

Telephone: []

Fax: []

Email: []

inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email).

To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we have made all payments to you that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheap standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

On:

VR tuning-power UG

Receipt of goods

Heerstrasse 339

13593 Berlin

Germany

Telephone: []

Fax: []

Email: []

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods / provision of the following service (*)

Ordered on / received on (*)

Name of the consumer (s) (*)

Address of the consumer (s) (*)

Signature of the consumer (s) (*)

date

(*) Delete where inapplicable.

3.2. The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.

- End of revocation -
 

4. Delivery

4.1. Delivery times or delivery dates specified by VR-Tuning, not expressly designated as binding or not agreed with the customer as binding, are non-binding. VR-Tuning will meet the agreed delivery dates to the best of its ability.

4.2. VR-Tuning is entitled to make partial deliveries insofar as this is reasonable for you.

4.3. The goods will be delivered to the delivery address you specified. Unless otherwise agreed, the goods will be dispatched to you within one working day of the conclusion of the contract and receipt of payment.

4.4. The risk of accidental loss or accidental deterioration of the goods (transfer of risk) passes to you when the goods are handed over to you.

4.5. If the shipment is delayed at the request or through the fault of the customer, the goods are stored at the cost and risk of the customer. Further claims due to delay in acceptance remain unaffected.

4.6. VR-Tuning is entitled, after granting a fruitless grace period, to otherwise dispose of a product and to supply the customer with a reasonable extension of the period.


5. Prices / shipping costs

5.1. The prices at the time of the order apply. All prices are end-user prices and include the statutory value added tax and do not include shipping costs and any payment fees. The prices contained in catalogs, advertisements, online shops and price lists may change, technical changes and errors are reserved.

5.2. VR-Tuning will inform you about the shipping costs incurred before the contract is concluded. For orders via the VR-Tuning online shop and the eBay and Amazon sales platforms, you will also see the price including VAT and shipping and payment costs incurred in the order mask before the contract is concluded.
 

6. Payment

6.1. Delay in payment occurs when the claim is due without requiring a reminder. Unless otherwise agreed, payment of the purchase price is due immediately upon conclusion of the contract. If the customer is in arrears with payments or if payments are deferred, he owes interest in the amount of five (5) percentage points above the base rate.

6.2. The customer can only assert a right of retention against claims by VR-Tuning insofar as it is based on undisputed, ready for decision or legally established claims from the same contractual relationship. Offsetting by the purchaser is only permitted if the counterclaim of the purchaser has been legally established, is ready for decision or is undisputed.

6.3. The following payment methods are available

a) Payment via PayPal

You pay the invoice amount via the online provider PayPal. You must be registered or registered with PayPal, legitimize with your access data and confirm the payment instruction to VR-Tuning. As soon as the invoice amount has been posted to our account, the goods will be sent to you.

b) Payment in advance (bank transfer)

With the payment method prepayment, transfer the invoice amount to the VR-Tuning account specified in the order confirmation. As soon as the invoice amount has been posted to our account, the goods will be sent to you.

c) Payment by credit card

When paying by credit card, you transfer your credit card details to our payment service provider PayOne. Your credit card details are transmitted via a secure connection from PayOne. After receiving your credit card details, the goods will be sent to you.

d) Cash on delivery

This payment method is only possible for orders with delivery to Germany, Austria and Switzerland. VR-Tuning charges a cash on delivery fee. For deliveries to Germany this amounts to EUR 4.30.

e) Cash payment

When picking up the goods on site at VR-Tuning, you can also pay the invoice amount in cash.
 

7. Retention of title

7.1. VR-Tuning retains ownership of the goods sold ("reserved goods") until full payment of all current and future claims from the contract and the business relationship with the customer.

7.2. As long as our retention of title exists, any change to our disadvantage, sale, pledging, transfer by way of security or other transfer of the object of purchase to third parties without our written consent is prohibited. The customer must treat the objects with care during the retention of title, keep them carefully and keep them in perfect condition. Destruction, damage and seizure of the delivered items must be reported immediately, in the case of seizure the enforcement officer must be informed immediately of our retention of title.

7.3. Resale is also not allowed if the customer does not meet VR-Tuning's contractual obligations. The customer assigns the claims against third parties resulting from the resale to us as security.

7.4. If the reserved goods are processed with other objects that do not belong to us, VR-Tuning acquires co-ownership of the new item in the ratio of the value of the reserved goods to the other processed objects at the time of processing. If the goods subject to retention of title are inseparably mixed with other objects that do not belong to us, VR-Tuning acquires co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the other mixed objects.

7.5. If the customer not only temporarily suspends his payments, requests the opening of insolvency proceedings against his assets or if insolvency proceedings are opened against his assets, he is obliged to surrender the goods subject to retention of title at the request of VR-Tuning.


8. Warranty

8.1. VR-Tuning is liable for material and legal defects according to the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two (2) years and begins with the delivery of the goods.

8.2. Special orders and parts for racing or parts that are offered without a TÜV certificate are excluded from the warranty and also from the right of return / withdrawal. Wear parts of all kinds are also excluded, as are parts that are used to achieve higher engine performance, in particular performance increases due to changes to the engine software or engine conversions, as well as consequential damage that could result from performance increases. If the vehicle has been moved on the racetrack, a guarantee is also excluded. The same principle applies here as for racing parts. The warranty on repairs / work contracts or services is limited to twelve (12) months in accordance with the statutory provisions.

8.3. A warranty for parts that require installation or attachment to a motor vehicle can only be complied with if the customer has demonstrably had the installation or attachment carried out at a motor vehicle workshop. This must be proven in advance by means of appropriate invoices. This regulation applies in particular to all safety-relevant parts such as chassis components or brake parts that were delivered with TÜV parts certificate. Incorrect installation by untrained personnel excludes all types of warranty.

8.4. If there is a defect in the purchased item at the time of transfer of risk, VR-Tuning is entitled, at its option, to remedy the defect by means of rectification or subsequent delivery.

Without prejudice to any claims for damages, the customer can withdraw from the contract within the scope of the statutory provisions or reduce the purchase price if

a) the supplementary performance does not take place within a reasonable period,

b) the subsequent performance of VR-Tuning is seriously and finally refused,

c) the supplementary performance has failed,

d) the supplementary performance is unreasonable for the customer or

e) the supplementary performance is dispensable for other reasons according to the legal regulations.

8.5. Claims for defects do not exist if there is only an insignificant deviation from the agreed quality or if the usability is negligibly impaired.

8.6. A guarantee for the quality of an item only exists if a quality guarantee from VR-Tuning has been expressly designated as such in the offer. The documents belonging to the offers such as catalogs, specifications, illustrations, information and plans etc. are only approximate unless they are stated as binding. Unless otherwise expressly agreed, they are, in particular, not guaranteed or guaranteed properties. In addition, public statements, promotions or advertising of VR-Tuning do not constitute a contractual specification of the quality of the goods or services.

8.7. There is no guarantee for damage caused for the following reasons: unsuitable or improper use; Incorrect installation or commissioning by the customer or third parties; In the event of incorrect or negligent handling of the delivery item, in particular with regard to these operating instructions; With excessive use; When using unsuitable equipment and replacement materials.

8.8. The customer bears the expenses required for the purpose of supplementary performance insofar as they increase due to the fact that the deliveries or services are moved to a location other than the customer's branch office, unless the shipment corresponds to its intended use.

8.9. The aforementioned limitation of the limitation does not apply in the following cases:

a) Liability of VR-Tuning for damage from injury to life, limb or health,

b) VR-Tuning's liability for other damages based on an intentional or grossly negligent breach of duty,

c) Customer's claims for defects in relation to building-related services (Section 438 (1) No. 2 BGB and Section 634a (1) No. 2 BGB),

d) Claims for defects by the customer due to real rights of third parties to surrender the purchased item (Section 438 (1) no.1 BGB),

e) Claims for defects by the customer in the event of fraudulent concealment of the defect in the purchased item (Section 438 (3) BGB) or

f) Claims for defects by the customer as part of the entrepreneurial recourse, upon final delivery of the purchased item to a consumer (§§ 478, 479 BGB).

8.10. VR-Tuning indicates that motorsport parts are short-lived high-performance products, some of which are not approved for public road traffic.

8.11. For the rest, the provisions apply in the event of legal defects


9. Liability

9.1. The liability of VR-Tuning or its vicarious agents is limited to cases of intent or gross negligence.

In the event of a breach of essential contractual obligations, we are generally liable in accordance with the statutory provisions. The liability of VR-Tuning or its vicarious agents is limited to the foreseeable damage typical of the contract.

9.2. The aforementioned disclaimers and limitations of liability do not apply in the following cases:

a) Liability of VR-Tuning for damage from injury to life, limb or health,

b) VR-Tuning's liability for other damages based on an intentional or grossly negligent breach of duty,

c) VR-Tuning's liability for the fraudulent concealment of a defect or the violation of a quality guarantee or

d) Liability of VR-Tuning according to mandatory provisions of the Product Liability Act.

9.3. These regulations do not change the legal burden of proof. As far as the liability of VR-Tuning is excluded or limited, this also applies to the personal liability of the employees, employees, representatives and agents.
 

10. Reprogramming

10.1. In the event of a vehicle change, reprogramming of the products purchased from VR-Tuning (tuning boxes) is possible within 36 months of the purchase date and subject to this clause 10.

10.2. VR-Tuning generally reserves the right to refuse the desired reprogramming without giving a reason. VR-Tuning explicitly approves the reprogramming in writing. The written form is preserved by email

10.3. A general requirement for reprogramming is that VR-Tuning offers the purchased product (or a corresponding successor product) for the vehicle in question at the time of reprogramming.

10.4. The date of purchase of the VR-Tuning must be proven to VR-Tuning by means of a payment receipt.

10.5. If the product price for the vehicle in question for reprogramming is higher than the product price for the vehicle for which the product was last configured, a fee in the amount of this price difference is incurred for reprogramming, in addition to the costs for reprogramming ,

10.6. If VR-Tuning agrees to reprogramming, the warranty rights in accordance with section 9 only extend to the newly purchased software or new products (e.g. cables, if necessary).

10.7. Further rights are not associated with the reprogramming. In particular, the reprogramming does not lead to an extension of the product and / or engine warranty. Furthermore, the reprogramming does not lead to a new beginning of the limitation period for the products already purchased by the customer. Otherwise your rights remain unaffected.
 

11. Loss of warranty claims and effects on warranty

By installing an engine control unit, you may lose the warranty claims against the manufacturer of your vehicle with regard to the engine. In addition, the installation of an engine control unit can affect possible warranty claims against the seller of your vehicle. With the exception of claims that may result from an engine guarantee granted by VR-Tuning, VR-Tuning cannot be held liable for this.
 

12. General operating license and insurance protection

12.1. The installation of a VR-Tuning can lead to the expiry of the general operating license for your vehicle. The consequence of this is that the vehicle modified in this way must not be used on public roads. You have the technical acceptance by an officially recognized testing facility i.S.d. § 19 StVZO to organize on your own responsibility and for your own account. In addition, you are advised that there is no insurance coverage without a general operating license.

12.2. In view of the variety of products and equipment in the vehicle sector, VR-Tuning is unable to check all properties for compatibility and to guarantee them. Suitability for acceptance by an officially recognized testing facility i.S.d. § 19 StVZO has not been agreed.
 

13. Data protection

13.1. VR-Tuning uses the personal data you voluntarily provided (such as name, address, email address, telephone number, account number and bank code) in compliance with the requirements of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

13.2. All personal data will be treated confidentially. VR-Tuning stores the personal data necessary for business processing and for processing orders and managing the Customer relationship, delivery of goods, processing of payments and averting bad debts and for this, if necessary, passed on to service partners who use VR-Tuning to process the contract (such as freight forwarding companies or credit institutions). Furthermore, data is used for own advertising and marketing purposes, e.g. for sending written advertising information. VR-Tuning uses your email address to send you promotional offers, unless you have objected. If your consent is required for this, VR-Tuning will obtain this in advance. An advertising address by telephone is also only possible with your express consent.

13.3. You can contact us at any time

VR tuning-power UG

Receipt of goods

Heerstrasse 339

13593 Berlin

Germany

Telephone: []

Fax: []

Email: []

object to the use and processing of your data for your own advertising and marketing purposes and revoke any consent you may have given to the use of your data.
 

14. Platform for online dispute resolution, participation in the dispute settlement process

14.1. According to applicable law, we are obliged to inform consumers about the existence of the European online dispute resolution platform, which can be used to settle disputes without the need to involve a court. The European Commission is responsible for setting up the platform. You can find the European online dispute resolution platform here: http://ec.europa.eu/odr/

14.2. We are not obliged to participate in a dispute settlement procedure from a consumer arbitration board and have therefore decided against voluntary participation.
 

15. Choice of law / place of jurisdiction / language

15.1. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

15.2. The place of fulfillment is Berlin.