General Terms and Conditions
1. general / conclusion of contract
All deliveries and services are made exclusively on the basis of these General Terms and Conditions. All offers are always non-binding. With the placing of the order, our delivery and payment conditions become irrevocably part of the purchase contract.
The customer is bound to his order for four weeks. If telephone or written orders are accepted by us, the risk and the costs borne by the client. Deviations from the following conditions as well as purchasing conditions of the customer are only valid for us if they have been confirmed by us in writing.
After submitting the order, a confirmation email will be sent regarding the receipt of the order data, whereby this confirmation email does not represent an order confirmation. The purchase contract is concluded either by sending the ordered goods or by sending an order confirmation. The order will be saved in text form and communicated in the order confirmation.
1.2 education for the customer
All changes made to the vehicle must be recorded in the papers, if you do not do so, we would like to draw your attention to possible consequences, if not included in the approval document:
- administrative punishment by the administrative authority
- no insurance cover
- no positive assessment in case of recurring assessment
- tax evasion
Furthermore, we point out that the installation of additional electronics (tuning chip) or software programming in motor vehicles has consequences.
- the installation of additional electronics (tuning chip) or programming of the control unit will invalidate the operating permit for the vehicle
- The operation of the vehicle leads to the loss of insurance coverage on public roads without a license
- the operation of a vehicle on public roads without adequate insurance is a criminal offense
- the installation of the additional electronics (tuning chip) or programming of the control unit (software tuning) leads to the cancellation of the warranty claims against the seller as well as the warranty claims against the manufacturer.
1.3 education for the customer (Germany)
We point out that the installation of the additional electronics (tuning chip) or software tuning in Germany according to § 19 Abs. 3 S. 1 Nr. 4 c) StVZO means that the operating license for the vehicle expires if the installation of the chip is not approved immediately by an officially recognized Sachverständigen and a confirmation after § 22 Abs. 1 S. 5 StVZO is granted, the operation of an agricultural machine on public roads in Germany without an operating permit according to § 3 Pflichtversicherungsgesetz means that the liability insurer is not obliged to pay in the event of a claim, the installation of the additional electronics (tuning chip) or software tuning means that the warranty claims against the seller and the warranty claims against the manufacturer for the parts affected by the chip tuning can be omitted.
2. right of withdrawal
Our offers are non-committal and non-binding. The customer is bound to orders or orders for four weeks. For a resignation requires a written confirmation by GPT-Consulting UG.
For consumers, the following applies:
You can cancel your contract within two weeks without giving reasons in writing (for example letter, fax, e-mail) or by returning the goods.
The period begins at the earliest with receipt of this instruction. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient. The revocation must be sent to:
info [at] gpt-consulting.com
Consequences of withdrawal:
In the case of an effective cancellation, the services received on both sides must be returned and, if applicable, rights of use must be surrendered.
If you can not give us back the received performance in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the value.
This does not apply to the surrender of goods if the deterioration of the item can only be attributed to its examination - as it would have been possible for you in a shop, for example.
Incidentally, you can avoid the obligation to pay compensation by not using the item as your property and refraining from anything that affects its value. Transportable items are to be sent back.
You are responsible for the direct costs of returning goods that can be shipped as well as the direct costs of returning non-parceled goods. The cost of non-parcels is estimated at a maximum of approximately EUR 30.00.
Unless otherwise specified, the right of withdrawal does not apply to contracts
1. to supply goods that are manufactured according to customer specifications or clearly tailored to personal needs (eg preconfigured End User Tuning Tool) or that are not suitable for return due to their nature,
2. for the supply of audio or video recordings or software, provided that the supplied data carriers have been unsealed by the consumer.
The prices of the most recently issued price list or agreements plus the statutory VAT on the day of delivery and service apply.
Delivery and vehicle conversion dates and their terms are not binding. Force majeure, operational or traffic disruptions, lack of raw materials and pre-products, strike or similar circumstances which do not allow or make the execution of accepted orders more difficult, absolve us in any case from the adherence to the delivery deadlines and give the buyer no right to compensation or contract withdrawal. Design or shape changes as well as changes of the scope of supply and conversion remain reserved, provided that the product or the result of the vehicle conversion are not changed significantly.
Shipping is always at the risk and expense of the recipient. Unless otherwise agreed, we reserve the right to choose the shipping method.
Upon acceptance, the vehicle and / or parts are deemed accepted and properly delivered.
If the takeover takes place in our factory, the buyer will be in arrears with the acceptance if he does not pick up the vehicle or parts against payment of the invoice within eight days after notification of the completion and delivery of the provisional or final invoice.
If a vehicle is not picked up after expiry of the aforementioned deadline, we reserve the right to charge the customary adjustment fee for vehicles set up on a daily basis as demurrage. For the amount invoiced, we charge default interest of 5% above the main refinancing interest rate of the Austrian Central Bank.
If the purchaser remains in arrears for more than 8 working days following notification of the delivery or the fulfillment of his payment obligations, we are entitled to withdraw from the contract or demand compensation for non-fulfillment after setting a grace period of a further 8 working days. Claims for damages also exist if the buyer withdraws from the purchase contract in the period from the provision to delivery. The amount of damages in all cases is 25% of the purchase price.
The buyer must check the object of purchase upon receipt and make any complaints immediately upon acceptance or on shipments within 5 working days after receipt asserted in writing.
Later complaints are excluded, unless the buyer within the statutory period after receipt or receipt of evidence of unrecognizable work, material or design errors is provided.
Complaints must always be made in writing with a precise description of the defects. Upon receipt of an already externally damaged consignment, replacement must be requested by enclosing a postal or standard protocol.
8. warranty / liability
For the regularity of the parts delivered and installed by us, as well as the work carried out by us, we provide a warranty for a period of 12 months, from the time of commissioning or delivery to the buyer or for a maximum of 20,000 km running distance of the vehicle; all damage caused by the installation of our parts or by engine power increases on any other parts of the vehicle is excluded.
The warranty does not extend beyond the service that we receive in case of warranty from our suppliers, follow-up costs are always excluded.
It is made after the election in our workshops by free replacement or free repair of parts or work that we have been recognized as "defective". Replaced parts become our property. The parts installed during the repair will be guaranteed by the purchase contract until expiry of the warranty period of the object of purchase.
The buyer has to report the defect to us in writing without delay. After finding a mistake, we must be given the opportunity to rectify it immediately. If a defect for which there is a warranty claim should be repaired outside of our workshops, our consent must be obtained before work begins.
The buyer has to submit to the third party company, unless otherwise agreed beforehand, and submit a written warranty claim to us, submitting all accounting documents for maintenance and repair work carried out in the meantime and the defective parts.
If the defect can not be remedied or further improvements are unreasonable, the buyer may request conversion or reduction instead of repair. A claim for replacement does not exist. We reserve the right, in special cases, to transfer the vehicle to our workshop closest to the location of the vehicle for repair.
Warranty obligations do not exist if the error that has occurred is causally related to the fact that an error has not been reported immediately and the opportunity for rectification has been given, the manufacturer's maintenance instructions and our additional special operating and maintenance instructions for the vehicle have not been observed the vehicle outside our workshops has been improperly maintained, serviced or repaired, in or to which parts of the vehicle have been attached or installed, the use of which has not been approved by us or the vehicle is not approved by us Way has been changed.
Natural wear is excluded from the warranty.
In the case of intent or gross negligence, unlimited liability exists under the respective legal form. In the case of simple, medium or slight negligence, the liability is limited to essential duties (= primary duties) of the contract. Liability shall be limited to the so-called average damage foreseeable at the time of the conclusion of the contract. A further liability - for any fulfillment or vicarious agents - also does not exist.
The shop may contain links to other websites whose content is not accepted due to the lack of accessibility.
8.1. liability / warranty for software customers and resellers
GPT-Consulting UG assumes no warranty or guarantee on the vehicle where this tuning software is installed. These account for the dealer who made the installation. He also has to take care to inspect the vehicle beforehand and to examine for any errors. Because our software is an intangible, irrevocable product, we do not offer refunds after purchasing the product, which the buyer confirms before purchasing a product on the website. The buyer must ensure that he has read the product description carefully before making the purchase.
It is your responsibility to ensure, in particular:
- the suitability of the software for your own purposes and needs
- have the skills and means to implement and use the software
You agree not to use the software in any unlawful manner or in any manner that violates the rights of GPT-Consulting UG or any third party.
In the case of a claim or complaint filed by a third party for any attributable acts and / or failure to conduct your own actions against GPT-Consulting UG, you agree to defend, indemnify and hold the liability of GPT-Consulting UG to be indemnified.
In return for the right to use the software, you agree to pay GPT-Consulting UG a one-time non-refundable license fee. This amount is included in the purchase price minus the software.
8.2. guarantee for resellers
GPT-Consulting UG does not guarantee that
(a) the software complies with the requirements of the buyer;
(b) it works with other hardware, including but not limited to, electrical software, software packages, systems, or data, including but not limited to input data provided by you that was not provided by GPT-Consulting UG and that you choose to use;
(c) that the software works without interruption or error, that it is error free, complete and up to date.
9. retention of title
The object of purchase remains our property even in the installed state until complete payment of all our claims, including all costs. As long as our reservation of title exists, any change to our disadvantage, sale, pledging, transfer by way of security or other transfer of the purchased object to third parties without our written consent is inadmissible.
During the period of retention of title, the buyer must keep the items delivered carefully and in perfect condition, he must also insure them sufficiently and transfer the rights under the insurance contract to us. If the buyer does not comply with this obligation, we can conclude the insurance at the expense of the buyer and charge the buyer with the costs. If the delivered or built in the vehicle objects are destroyed, damaged or seized, so this is to inform us immediately in writing.
In the case of access by third parties, in particular a garnishment, the buyer must immediately inform us in writing and inform the third party of our retention of title.
Likewise, any change in the address of the buyer or the location of the delivered or installed items must be notified to us immediately.
All costs arising from the assertion of our ownership rights shall be borne by the buyer.
10. terms of payment
Payment must be made before delivery. Payment must be made by PayPal, Sofortüberweisung, VISA, Mastercard or voucher. In case of default of payment, we are entitled to charge default interest of 5% above the main refinancing interest rate of the Austrian Central Bank.
11. retaining lien
For every item that came into our possession due to the order, we are entitled to a right of retention and lien for all other claims arising from the business relationship. We are entitled to pledge by way of private sale. For the pledge sale threat, it is sufficient to send a written notification to the last known address of the client.
12. estimate of costs
Quotations are only binding if they are submitted in writing and are described as binding.
Should it be necessary to carry out additional work during the repair or processing, the scope of the work may be exceeded by 20% and over € 250,00 by 15% without any queries for a total value of up to € 250.00.
Drawings, schematics, components, software or the like remain our property and may not be used for any purpose without our written permission, nor may it be made available to companies or persons working in the same or similar field of work as us.
We are entitled, in word and picture, to publish the use of the object of purchase for the products manufactured by the buyer. In our name may be advertised only after written permission with word or picture material.
15. copyright protection
All contents of the website, including pictures, logos as well as tables and texts, are protected by copyright. The contents may not be used in any form or in whole or in part without written permission.
16. place of fulfillment / jurisdiction
The place of fulfillment is the head office of our company in D-94065 Waldkirchen/Germany. Jurisdiction is Passau/Germany.
17. applicable law
It applies - as far as permissible - exclusively German law to the exclusion of the UN sales law.
18. master change from slave tools
We support the sales price of our tools - we provide installation and initial training free of charge. Furthermore, GPT-Consulting wants to offer his slave Tuning Tool User best support. Therefore, we invest a lot of time and money in our support staff and in our slave users. For these reasons we NEVER allow a master change.
Credits balance cannot be exchanged for cash or transferred to other accounts.
20. severability clause
Should provisions in these General Terms and Conditions or provisions in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements. Instead of the invalid provision, the parties undertake to set one that comes closest to them economically.