General Terms and Conditions with Customer Information
Table of Contents:
- Application of Terms and Conditions
- Conclusion of Contrac
- Cancellation/Return Polic
- Prices and Terms of Paymen
- Delivery and Shipping Condition
- Retention of Titl
- Warranty for defects
- Special Requirements for Customized Product Processin
- Redeeming Promotional Vouchers
- Redeeming Gift Vouchers
- Applicable Law
- Place of Jurisdictio
- Dispute Resolutio
1) Application of Terms and Conditions
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Wagner Tuning GmbH & Co. KG (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or a distributor (hereinafter referred to as "Customer") enters into with seller with respect to the goods and/or services presented in the seller's online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.2 A Distributor as defined in these GTC, is a natural or legal person, or a legally capable partnership, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions displayed on the seller's online shop are not considered as binding offers by the seller; instead, they are intended to enable the customer to make a binding offer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online store. After selecting the desired goods and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods in the shopping cart by clicking the button that finalizes the order process.
2.3 The seller can accept the customer's offer within five days by:
- Sending the customer, a written order confirmation or an order confirmation in text form (fax or e-mail) In this respect, the receipt of the order confirmation by the customer is decisive, or
- Delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive.
- Requesting payment from the customer after the order has been placed.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the conclusion of the fifth day following the submission of the offer. If the seller fails to accept the customer's offer within the given period, it will be considered as a rejection of the offer. As a result, the customer is no longer obligated to their declaration of intent.
2.5 If a customer submits an offer through the seller's online order form, the seller stores the contract text after the contract has been concluded and sends it to the customer in written form, such as email, fax, or letter, after the customer has sent their order. The seller does not make the contract text accessible in any other way. If the customer has set up a user account in the seller's online shop prior to submitting their order, the order data is archived on the seller's website and can be accessed at no charge through their password-protected user account by providing the appropriate login information.
2.6 Prior to submitting a binding order through the seller's online order form, the customer has the ability to identify any potential input errors by carefully reviewing the information presented on the screen. A helpful technical tool for improving the detection of input errors is the zoom function of the browser, which can be used to enlarge the display on the screen. Within the electronic ordering process, the customer may revise their inputs using the standard keyboard and mouse functions until they click the button that finalizes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 The standard method for order processing and communication is via email and automated order processing. The customer is responsible for ensuring that the email address they provide for order processing is accurate, so that they can receive emails sent by the seller. If the customer uses SPAM filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order are able to be received.
3) The right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 Consumers who are not citizens of any member state of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of contract conclusion are not entitled to the right of withdrawal.4) Prices and payment terms
4.1 If there is no different information provided in the seller's product description, the prices quoted are total prices that include the applicable value-added tax. Any additional delivery and shipping costs that may apply will be separately stated in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible for, which are to be borne by the customer. These may include costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money, even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later date.
4.5 The payment processing for payment methods offered via the "PayPal" payment service is handled by PayPal, which may use the services of third-party payment service providers. If the seller offers payment methods through PayPal where they provide goods or services to the customer before receiving payment (such as invoice purchases or installment payments), they will assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided before accepting the seller's declaration of assignment. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. If this is the case, the customer can only make payments to PayPal or the payment service provider commissioned by PayPal, which will have a debt-discharging effect. However, even in the event of assignment of the claim, the seller remains responsible for general customer inquiries, such as those regarding the goods, delivery time, shipping, returns, complaints, cancellations, deliveries, and refunds.
4.6 If the payment method "SOFORT" is selected, the payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can find further information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
4.7 If the payment method offered via "Stripe" payment service is selected, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Stripe are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, which the customer may be informed of separately. Further information on Stripe is available at https://stripe.com/de.
4.8 If the customer selects the "Invoice" payment method, the purchase price becomes due after delivery and invoicing of the goods. The customer must pay the purchase price within 7 (seven) days of receiving the invoice, without any deductions, unless otherwise agreed. The seller may limit the availability of the "Invoice" payment method to a certain order volume and reject it if the order volume exceeds the specified limit. In such cases, the seller will notify the customer of the payment restriction in the payment information section of the online shop.
4.9 If the customer selects the "Invoice" payment method, the purchase price becomes due after delivery and invoicing of the goods. The customer must pay the purchase price within 14 (fourteen) days of receiving the invoice, without any deductions, unless otherwise agreed. The seller may limit the availability of the "Invoice" payment method to a certain order volume and reject it if the order volume exceeds the specified limit. In such cases, the seller will notify the customer of the payment restriction in the payment information section of the online shop.
4.10 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for pre notification of payment. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the deadline for pre notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to incorrect bank details provided by the customer, or if the customer objects to the debit without being entitled to do so, the customer shall bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this.
4.11 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.
4.12 If the payment method "easyCredit installment purchase" is selected, the payment will be processed by TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter referred to as "TeamBank AG"), to which the seller assigns his payment claim. Before accepting the seller's declaration of assignment, TeamBank AG carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "easyCredit installment purchase" in the event of a negative check result. If the payment method "easyCredit installment purchase" is approved by TeamBank AG, the customer must pay the invoice amount to TeamBank AG under the conditions specified by the seller, which are communicated in the seller's online shop. In this case, they can only make payments to TeamBank AG with debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, such as those regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and deliveries or credit notes. In addition, the General Terms and Conditions for easyCredit installment purchase, which can be found on the Internet at https://www.easycredit-ratenkauf.de/service-integration/marketingmaterial-schulung/allgemeine-geschaeftsbedingungen/.
4.13 If you select a payment method offered through the payment service the "Klarna", the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information as well as Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following:
5) Delivery and shipping terms
5.1 In case the seller provides shipping services, the goods will be delivered to the delivery address specified by the customer within the delivery area defined by the seller, unless agreed otherwise. The delivery address provided during the seller's order processing will be considered as decisive for transaction handling. However, if the payment method chosen is PayPal, the delivery address saved by the customer during the PayPal payment process will be considered as decisive.
5.2 The customer will be responsible for the reasonable costs incurred by the seller if the delivery of goods fails due to reasons attributed to the customer. However, this does not hold true for delivery costs if the customer exercises their right of cancellation effectively. In the case of effective cancellation by the customer, the return costs shall be subject to the provisions outlined in the seller’s cancellation policy.
5.3 If the customer is acting as a business(entrepreneur), the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier, or the person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally passes to the customer or a person authorized to receive the goods upon delivery. However, deviating from this, if a customer, even a consumer, instructs the carrier, freight forwarder, or any other person or institution designated for shipment to effect delivery, and the seller has not disclosed this entity to the customer prior to delivery, the risk of accidental loss and accidental deterioration of the sold goods transfers to the customer as soon as the seller hands over the item to the carrier, freight forwarder, or designated person or institution.
5.4 If there is incorrect or improper self-delivery, the seller may choose to cancel the contract. However, this only applies if the seller is not responsible for the non-delivery and if they have made a specific agreement with the supplier to ensure delivery. The seller will make reasonable efforts to obtain the goods. If the goods are not available or only partially available, the seller will promptly inform the customer and provide a refund.
5.5 If the seller provides the option to pick-up the purchased goods, they may do so during the seller’s designated business hours at the specified address. In this case, no shipping costs will be charged.
5.6 Vouchers will be provided to the customer as follows:
- by e-mail
- by postal
6) Retention of title
If the seller makes an advance payment, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 The regulations for the statutory liability for defects apply unless stated otherwise in the following provisions. However, for contracts involving the delivery of goods, the following applies:
7.2 If the customer acts as a business,
- the seller has the choice of the type of subsequent performance;
- In the case of new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, the rights and claims due to defects are excluded;
- The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.3 If the customer acts as a consumer, the following applies to contracts for delivery of used goods with the restriction of the following paragraph: The limitation period for warranty claims is one year from the delivery of the goods, provided that this has been expressly and separately agreed upon between the parties and the customer was expressly informed about the shortening of the limitation period before submitting his contractual declaration.
7.4 The liability limitations and shortened deadlines regulated above do not apply to:
- Claims for damages and reimbursement of expenses of the customer,
- If the seller has fraudulently concealed the defect,
- Goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- In contracts for the delivery of goods with digital elements, the seller's obligation to provide updates, if any, is not subject to the limitations of liability and shortened periods.
7.5 In addition, the statutory limitation periods for any potential legal recourse claims remain unaffected for entrepreneurs.
7.6 If the customer is a merchant as defined in Section 1 of the German Commercial Code (HGB), they have a commercial duty to inspect and notify defects as per Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods will be considered approved.
7.7 If the customer acts as a consumer, they are requested to report any obvious transport damages to the delivery agent and to inform the seller of such damages. If the customer fails to do so, this will have no impact on their statutory or contractual warranty claims.
8) Special conditions for the processing of goods according to specific customer requirements.
8.1 If the seller is obligated to process the goods according to specific instructions of the customer, as per the terms of the contract, the customer must provide all necessary content required for processing, including texts, images, or graphics in the file formats, formatting, image and file sizes specified by the seller, and also grant the seller necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer must ensure that no third-party rights, particularly copyright, trademark, and personality rights, are violated by this.
8.2 The customer shall indemnify the seller against any claims of third parties that may be asserted against the seller in connection with a violation of their rights resulting from the contractual use of the customer's content by the seller. The customer shall also bear the necessary costs of legal defense, including all court and lawyer's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. If a third party makes a claim, the customer must promptly provide the seller with all information necessary to assess the claims and to defend against them, in a truthful and complete manner.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a certain period of validity and that cannot be purchased by the customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the seller's online shop and only during the specified period.
9.2 If the content of the promotional voucher indicates a restriction, certain products may be excluded from the voucher campaign.
9.3 The promotional vouchers can only be redeemed before the completion of the ordering process, and cannot be offset later.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is insufficient to cover the order, the customer may choose one of the other payment methods offered by the seller to settle the remaining balance.
9.7 The balance of the promotional voucher will neither be paid out in cash nor earn interest.
9.8 The promotional voucher will not be refunded if the customer exercises their legal right of withdrawal and returns the goods that have been fully or partially paid for with the promotional voucher.
9.9 The promotional voucher is transferable. The seller can fulfill their obligation to the person who redeems the promotional voucher in the seller's online shop. However, this does not apply if the seller has knowledge or is grossly negligent in being unaware of the non-authorization, lack of legal capacity, or lack of authorization of the respective holder.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
10.2 Gift vouchers and any remaining balances can be redeemed until the end of the third year following the year of purchase. The customer will be credited with any remaining balance until the expiration date.
10.3 Gift vouchers can only be redeemed before completing the ordering process, and cannot be offset later.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order, the customer may choose one of the other payment methods offered by the seller to settle the remaining balance.
10.7 The balance of a gift voucher will not be paid out in cash nor does it earn interest.
10.8 The gift voucher is transferable. The seller can fulfill their obligation to the person who redeems the promotional voucher in the seller's online shop. However, this does not apply if the seller has knowledge or is grossly negligent in being unaware of the non-authorization, lack of legal capacity, or lack of authorization of the respective holder.
11) Applicable law
11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding of the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has habitual residency.
11.2 In addition, this choice of law does not apply to the statutory right of withdrawal for consumers who, at the time of contract conclusion, are not residents of a European Union member state and have their sole place of residence and delivery address outside the European Union.
12) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer's registered office is outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
13) Alternative dispute resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.Status: 05/2023
Supplementary General Terms and Conditions for ‘easyCredit-Ratenkauf’
The following supplementary General Terms and Conditions apply between you and the merchant for all contracts with the merchant where the ‘easyCredit-Ratenkauf’ installment purchase solution (‘Ratenkauf’) is used.
In the event of conflict, the supplementary Terms and Conditions take precedence over the merchant’s general terms and conditions.
Ratenkauf is available only to customers who are consumers as defined in section 13 of the German Civil Code (BGB) and are over the age of 18.
With the support of TeamBank AG Nuremberg, Beuthener Strasse 25, 90471 Nuremberg, Germany (‘TeamBank AG’), the merchant can offer you Ratenkauf as an additional payment option for your purchase.
The merchant reserves the right to check your credit status. For more details, please see the Ratenkauf data protection notice when you place your order. If Ratenkauf cannot be offered because of your credit status or because the merchant’s revenue limit has been reached, the merchant reserves the right to offer you an alternative payment option.
The Ratenkauf contract is formed between you and the merchant. There is no cash payment with Ratenkauf; you choose to pay off the purchase price in monthly installments. Payments are made every month for an agreed term, whereby the final installment may be different to the previous installments. Ownership of the goods is not transferred until the purchase price has been paid in full.
The receivables arising through the use of Ratenkauf are assigned by the merchant to TeamBank AG under a rolling factoring contract. Only payments made to TeamBank AG have the effect of discharging the debt.
The merchant is not subject to any supervision by a regulatory authority other than the general supervisory authority for businesses (Gewerbeaufsicht). Complaints can be sent to the merchant by letter or email.
3. Payment of Installments by SEPA Direct Debit
Through the SEPA direct debit mandate issued with Ratenkauf, you are authorizing TeamBank AG to collect the payments due as a result of the installment purchase from the current account you specified during the order process at the named bank by means of a SEPA direct debit.
Payments will be collected no sooner than on the date specified on the pre-notification. Payments may also be collected shortly after that date.
If the purchase price is reduced between the pre-notification and the due date (e.g. due to amounts being credited), the debited amount may differ from that stated in the pre-notification.
You must ensure that your current account contains sufficient funds at the time the payment is due. Your bank is not required to honor the direct debit request if your account does not contain sufficient funds.
If the direct debit is returned due to insufficient funds in the current account or an unjustified rejection by the account holder, or because the current account has been closed, you will be in default (without separate demand notice), unless the direct debit is returned due to circumstances beyond your control.
Costs charged to TeamBank AG by your bank for a direct debit returned for reasons for which you are responsible may be claimed from you by TeamBank AG as damages and must be reimbursed by you. You are entitled to show that TeamBank AG suffered a smaller loss or no loss at all.
If you are in default, TeamBank AG is entitled to charge a reasonable fee for each demand notice or default interest in the amount of five percentage points above the prevailing base rate of the European Central Bank.
Because of the high costs associated with a returned direct debit, we would ask you not to reject the SEPA direct debit if you cancel the contract, return the goods or make a complaint. In these cases, the payment is reversed in agreement with the merchant by means of a reverse transfer of the relevant amount or in the form of a credit note.