Terms & Conditions
Terms & Conditions
1. SCOPE OF APPLICATION
For all orders through our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become an integral part of the contract if we have expressly agreed to them.
2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with SKN Tuning GmbH.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the information provided in the order process and use the explained proofing tools. By clicking the order button, you are making a binding offer for the goods in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been sent.
We accept your offer within two days by
* we submit a declaration of acceptance in a separate email or
* we have the goods delivered or
* if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment").
The alternative that is relevant for you depends on which of the listed events occurs first.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language (s) available for the conclusion of the contract: German, English, French, Dutch, Spanish, Italian, Polish
We save the contract text and send you the order data and our terms and conditions in text form. The text of the contract is no longer accessible via the Internet for security reasons.
4. DELIVERY CONDITIONS
Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the offers.
In principle, you have the option of collection from SKN Tuning GmbH, Esbecker Straße 1-5, 31020 Salzhemmendorf, Germany at the following business hours: Monday - Friday 09 a.m. - 00 p.m.
We do not deliver to pack pick up stations.
In our shop, the following payment methods are generally available:
If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.
When you place your order, you enter your credit card details. Your card will be charged immediately after you have placed your order.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise regulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.
In order to be able to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.
Credit card through PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. You will be informed of the date of the account debit by PayPal (so-called prenotification). The account is debited before the goods are dispatched.
Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is sent directly to PayPal.
In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe SCA 38 avenue JF Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data and confirm the payment order. The payment transaction is carried out within one banking day after the order has been placed. A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year. You will receive further information during the ordering process.
The invoice amount is due 14 days after receipt of the invoice and the goods by transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
6. RIGHT OF WITHDRAWAL
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. RESERVATION OF OWNERSHIP
The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10 %.
8. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
9. WARRANTY AND GUARANTEES
Applicability of the statutory law on liability for defects
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
* in case of injury to life, body or health
* in case of intentional or grossly negligent breach of duty as well as fraudulent intent
* in case of violation of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
* within the scope of a guarantee promise, if agreed, or
* insofar as the scope of application of the Product Liability Act is opened.
Restrictions on consumers
In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
Restrictions on entrepreneurs
With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations for merchants
Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
Guarantees and customer service
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
* in case of injury to life, body or health,
* in case of intentional or grossly negligent breach of duty,
* in case of warranty promises, as far as agreed, or
* insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. DISPUTE RESOLUTION
To settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship even exists, we are obliged to participate in dispute settlement procedures before a consumer arbitration board. Responsible is the out-of-court dispute settlement body for consumers and entrepreneurs eV, Hohe Straße 11, D-04107 Leipzig, www.streitbeilegungsstelle.org [https://www.streitbeilegungsstelle.org]. We will take part in a dispute settlement procedure before this office.
The European Commission provides a platform for online dispute resolution, which you can find here [ https://ec.europa.eu/consumers/odr/ ] Find. Consumers have the opportunity to use this platform to settle their disputes.
12. FINAL PROVISIONS
In the sense of the German Commercial Code, you are a merchant, a legal entity under public law or a special fund under public law, and for all exclusive jurisdiction disputes, contractual relationships between us and between you are our place of business.
Terms and Conditions [https://legal.trustedshops.com/produkte/rechtstexter] created with the Trusted Shops [https://legal.trustedshops.com/] legal copywriter in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].