General terms and conditions
General trading conditions area of application the contract by the company Speedkit Chiptuning is closed, 73278 Chonburi (salesmen) only under following conditions, which are to be regarded as a component of the contract. One contradicts to opposing one general trading conditions of the contracting party expressly. The trading conditions apply to all present and future business relations, both to business of the company Speedkit Chiptuning with private people, and with legal entities in the sense of right.
Our terms and conditions (''Terms'') apply to both the shipping within the Federal Republic of Germany and abroad.
The sole contractor is the ET-Solutions, 2009 Angeles City, hereinafter ''Speedkit-Chiptuning'' called.
The contract will be concluded only under the following conditions, which are part of the contract. The terms and conditions apply to all business that are related to the contract concluded. Regardless of whether a contract or a supply link with foreign countries.
If the following terms and conditions set on a particular issue a final scheme, subordinated only German law applies. This is also for contracts / supplies an international dimension. The provisions of the UN - the purchase of private international law, can find - if possible - do not apply.
Terms of payment all prices understand themselves during collection at the company headquarters of the company Speedkit Chiptuning. Additional service, e.g. transfer costs is computed additionally to the conveyed cost estimate/calculations. The purchase price is due, according to the confirmation of order, at the latest in the case of the supply and can be raised also by cash on delivery. Up to the complete payment of the purchase price the property at the supplied hardware, documentation and/or provided programming as well as all articles and services remains with speed kit Chiptuning. Furthermore the customer up to the complete payment is obligated to treat the order article pfleglich. If maintenance and inspection work or installation costs are necessary, the customer has to carry these at own expense. Same applies with installation of the hardware into the controller (verl. retention of title). The buyer is bound other patent rights of speed kits also after passage of title to author and the Chiptuning or third. The customer is obligated, access third to the commodity, approximately in the case of a seizing to communicate as well as any damages or the destruction ofthe commodity immediately. A change of ownership to the commodity as well as the own domicile change has the customer with speed kit Chiptuning to indicate immediately. With delay of payment speed kit Chiptuning is justified to compute interests at a value of 5 % over the respective rate of discount of the German Federal Bank without a large damage caused by default is excluded to that extent. Opposite the entrepreneur speed kit reserves itself Chiptuning to prove and make a higher damage caused by default valid. The customer is a right for set-off only, if its counterclaims were validly determined or by speed kit Chiptuning are recognized. The company Speedkit Chiptuning is entitled to take into account despite differently reading regulations of the customer, first on its oldest debt. Already if costs arose, then speed kit Chiptuning is justified, the payments first at the expense to take into account then at the interest and last on the main achievement. If the customer does not follow his liabilities as stipulated, places his payments in to require or it other circumstances well-known, which question the credit-worthiness of the customer, is entitled the company Speedkit Chiptuning to place the entire balance of debt due pre-payments or securities. Speed kit Chiptuning is justified to withdraw with behavior contrary to the terms of the agreement of the customer, in particular with delay of payment or with injury of an obligation of this regulation from the contract and out-require the commodity. The buyer remains it unbenommen to lead the rebutting evidence that an actual damage did not develop or smaller. The set-off in relation to pecuniary claims of the company Speedkit Chiptuning is impossible, it is, the counterclaims of the buyer is indisputably or validly festgestell. As far as the orderer is a buyer and the contract belongs to enterprises of its trade, the managing applies according to paragraph also to rights of lien. Calculations are immediately due. The payment effected against bar, EC map, bar-nachnahme (dispatch) or vorauskasse if something else was not agreed upon in writing. Deductions or discount payment run gene are not possible without the written agreement of speed kit Chiptuning. During the placing of order if a Vorrauszahlung is agreed upon, then this is to be carried out before beginning of work.
a) It includes only the payment terms which appear on the homepage of the company Speedkit-Chiptuning at the time of concluding the contract for the customer. Should the payment after submission of the online - offer by the customer change, but before acceptance by Speedkit chip tuning, shall apply in case of doubt the old payment, provided it is reached between the parties or any other agreement is made.
b) All prices are for pick up the merchandise at the headquarters of Speedkit-Chiptuning. A shipment of goods will only be made in advance or on delivery. COD is only possible in Germany against the designated collection fee on the homepage. Added for product shipping costs - packages as they are on the homepage is also provided for the various countries in which to place the shipment.
c) With cash on the right - the agreement is justified in Speedkit-Chiptuning exceptional cases, to seek delivery of the goods a reasonable advance.
d) If the customer in addition to the purchase of the tuning chips require additional services, he has to pay extra.
4) delivery, delay, power and grace
a) Speedkit-Chiptuning promises to ship your order from the contract as quickly as possible to the customer.
b) Speedkit-Chiptuning is in default if the customer expresses a warning in accordance with statutory requirements and the customer before or after any extension of the delivery date has been indicated. Speedkit-Chiptuning may require an extension of the delivery deadline by about two weeks. Beginning of the extension is the originally agreed between the parties, delivery date.
c) If the customer wants to set a deadline Speedkit-Chiptuning for performance, are within the limits permitted by law excluded grace periods that are shorter than two weeks.
d) If the goods are not for Speedkit-Chiptuning be available, so can Speedkit-Chiptuning resolve to the satisfaction of an obligation. To this end undertakes Speedkit-Chiptuning, inform the customer immediately about the non-return of the goods and to report to the customer immediately.
5) Retention of title
a) Until the full payment of the ordered goods remain the property of Speedkit-Chiptuning. The customer until full payment is required to treat the goods with care. Until full payment for the goods, the customer only such changes (repairs etc. must) make to the product which have been allowed him by Speedkit-Chiptuning specifically. Exceptions apply only in special cases provided by law, the damaging if the customer disproportionate disadvantages.
b) If the goods are lost before full payment, but after delivery to the customer, are destroyed or damaged, this shall remain the claims of Speedkit-Chiptuning the customer without prejudice to the extent legally permissible.
c) Before full payment of the customer to Speedkit-Chiptuning in relation to the goods has all attachment measures and changes of ownership immediately.
6) withdrawal and effects of withdrawal
a) consumers can cancel their contract within two weeks without giving reasons in writing (eg letter, fax, e-mail) or by returning the goods to the ET-Solutions, Block 6 Lot 11, Arayat Blvd, PH-2009 Angeles City, Philippines. The period begins with receipt of this declaration. The consumer is instructed in the contract on his right. The consumer confirms his order that he has received an auction closing. To comply with the deadline to send the cancellation or the item is sufficient to have just mentioned address. This right applies only to domestic orders and shipments within Germany.
b) For international orders and shipments to other countries of this withdrawal is valid only if it can not be waived. Unless a waiver is possible, the withdrawal is hereby excluded.
c) The effects of withdrawal from the consumer must also accept his withdrawal. In particular, the consumer has to bear the cost of returning the goods when the delivered goods ordered and if the price of the commodity is the sum of 40 € or exceeds the consumer at a higher price the thing at the time of the revocation yet paid has or has not yet been covered agreed part payment. Not parcel post will be collected from consumers.
Obligations to refund payments from the consumer within 30 days after the dispatch of the cancellation notice. Moreover, the following rules:
In the event of effective revocation, the benefits received and issue any benefits. Can the consumer with the benefits received in whole or in part, or just in a state, it must carry Speedkit-Chiptuning compensation for the value.
With the release of things this does not apply if the deterioration of the matter only on the external and common examination - as it would in a shop have been possible - is due. The consumer can avoid the compensation obligation by not taking the thing as his property in use and avoid anything that could reduce its value.
7) General operating and insurance - Disclaimer
a) The customer is for your well known that the use of a tuning - chip that Tuningbox or other leistungsverändernder action to void the general approval shall conduct and be tuned motor vehicle must not be used in road transport before not a technical acceptance has been obtained by the TÜV is. A vehicle use on public roads without general approval can lead to loss of insurance coverage among others.
b) Before use of the vehicle on public roads, the customer, therefore, in his own interest, the technical changes reported to the TÜV, an acceptance and then wait even a cover letter to its insurance. The purpose may become necessary shall be borne by the customer. Also the customer bears the risk of success for technical acceptance and cover letter. Speedkit-Chiptuning has taken to the customer only the obligation to provide a tuning part that can regularly bring in vehicles of the type specified by the customer a change in performance. Speedkit-Chiptuning has not assumed the obligation to provide a tuning chip, which has a texture that TÜV - Acceptance and insurance guarantees. Such an agreement would Speedkit-Chiptuning quality would not be possible because the individual vehicle characteristics of the customer vehicle for TÜV - Acceptance and insurance coverage are much more decisive.
c) Speedkit-Chiptuning is not liable for damages resulting from the operation of a vehicle tuned vehicle without general operating and / or without insurance coverage.
8) Other liability rules / defects warranty / contract requirements
a) Any liability of Speedkit-Chiptuning for breach of a contractual obligation is limited to intent and gross negligence, including intent or gross negligence of the representatives and agents. For the injury to life, limb and health, and for breach of contract Speedkit chip tuning is also liable for ordinary negligence. The claim for damages for breach of fundamental contractual obligations is limited to typical foreseeable contractual damage. As predictable are regularly considered only those losses that occur directly to the delivered goods.
b) For clients who are entrepreneurs in the sense of § 14 BGB I, the following additional provision: In case of gross negligence of non-essential contractual duties by agents is Speedkit chip tuning, free from liability.
c) The customer accepts the installation and use of the tuning chips at your own risk. Speedkit-Chiptuning has only the contractual obligation to provide a tuning chip, which is usually in vehicles, which the customer states in his order can produce a performance. Unless otherwise agreed in writing shall be concluded is, therefore, the quality agreement between the parties that Speedkit-Chiptuning has to supply only one product of such a nature that can bring about a rule at the specified vehicle, a change in performance. The rule is calculated solely on a brand new car intact and the application of a procedure of the dynamic performance of an objective expert at an ambient temperature of 20 ° Celsius.
Speedkit-Chiptuning can namely the fact that nearly every used vehicle is equipped with special technical qualities or defects and the individual characteristics of the customer vehicle is not recognizable, do not assume any liability that the tuning chip in the vehicle the customer only has a positive effect.
It is not excluded that can occur for example due to special technical requirements in a customer s vehicle to vehicle incompatibility with the tuning chip. For such damages, resulting from the installation of the tuning chips to other vehicle parts, is Speedkit-Chiptuning therefore exempt from liability. The same applies for damage resulting directly or indirectly from the use of the tuning chips: for example, can rise through the retrieval of the increased performance potential of the oil consumption of the vehicle by up to 30%.
d) The same reasoning Speedkit-Chiptuning is also exempt from liability for damage caused by installation of the tuning chips to other legal interests of clients or third parties. The obligations of Speedkit-Chiptuning is limited by contractual agreement on delivery of goods which have a texture that can regularly bring about a certain type of vehicles change in performance.
e) claims of the customer, the entrepreneur within the meaning of § 14 BGB I, are limited in the extent legally permissible for a subsequent performance. In case of failure of subsequent performance the customer reserved the right to reduce.
f) claims of the customer, the entrepreneur within the meaning of § 14 BGB I facilitate, within the framework of the legally permissible statutory limitation period from a one-year limitation period. Compared with consumer customers in the sense of § 13 BGB facilitation does a limitation of two years from the statutory limitation period.
g) If, within the framework of a warranty desire to emphasize that the product is not defective been in the sense described above, the customer has to bear the costs arising from the administration. This includes the technical review of the product.
h) will go off the guarantee if the customer makes changes to the goods that are not associated with the proper installation and proper operation. This includes in particular technical diagnostic measures and mechanical effects on the product. As incorrect operation, even such mechanical effects are understood to occur in the context of motor sport events and other similar situations of overload. If the customer wants to use his tuning chip for this purpose, it should in the interest of a special tuning chip purchase, which has a texture that is suitable for such situations. If the customer uses his tuning chip but at a motor sports events and similar situations of overuse, he can derive any warranty claims against Speedkit chip tuning, as has been agreed between the parties, not a commodity nature, which is necessary for such missions.
i) In the context of what is reasonable to make technical alterations to the product. The same applies to changes in shape, color, weight or design.
9) loss of vehicle warranty
By installing a Tuninchips regular warranty and warranty void with respect to the tuned car. This may not take the customer Speedkit-chip tuning in regress.
10) Increased demand for lubricants and material wear
By retrieving the power increase may increase the demand for lubricants by up to 30%. Also can then also increase the wear and tear on the vehicle parts, since they are exposed to an increase in power.
11.) liability for foreign links
If Speedkit-Chiptuning on its web site refers to other sites on the Internet, then: Speedkit-Chiptuning expressly declares that it has no influence on the design and content of the linked pages. Speedkit-Chiptuning therefore dissociates itself expressly from any content of any third party sites and does not adopt their contents. This declaration applies to all links and all content of the pages to which links.
The set-off against claims of Speedkit chip tuning is possible only with undisputed or validly determined demands of the customer.
13.) General Provisions
a) If the dispute concerning the interpretation of the contract is only the German law. This also applies to contracts with foreign elements, especially if the customer had used the foreign-language edition of the website to order.
b) Verbal agreements are not effective in writing. This also applies to the repeal of this clause.
Unless the customer is a company within the meaning of § 14 BGB I, and it is in the context of § § 38 ff ZPO is possible, it is agreed that jurisdiction for the legal relationship between Speedkit chiptuning and the customer as well as disputes arising from it 73278 Chonburi. In all other respects the provisions of German law.
If any of these provisions to be void, applies in place of such a scheme, which is closest to the economic intention. The remaining provisions are not affected by such unenforceability.