General Terms and Conditions B2B autofiles.de
General Terms and Conditions autofiles.de
THE PRODUCTS OFFERED ON THIS WEBSITE ARE FOR SALE AND USE BY PROFESSIONAL VEHICLE TUNERS ONLY AND ARE NOT SUITABLE FOR A NON-PROFESSIONAL PUBLIC.
1.1 The legal relationship and any agreement between
and the customer shall be governed exclusively by these terms and conditions, unless otherwise agreed in a written agreement.
1.2. the general terms and conditions can be found on the website (www.autofiles.de).
1.3. the General Terms and Conditions apply to each offer of autofiles.de and to each concluded distance contract between autofiles.de and the customer who uses or purchases tuning software / tuning files (the “Products”) brought to the website market by autofiles.de exclusively for professional purposes .
1.4. the terms and conditions stated on the website at the time of the order shall apply and apply to this order..
1.5. by ordering or purchasing products from autofiles.de through the website, the customer confirms that he has read and accepted the terms and conditions. In particular, by purchasing and downloading, configuring or using the Products and their documentation, the Customer also expressly accepts the terms of the License Agreement, which is fully part of these General Terms and Conditions, and agrees to be bound by this License Agreement. In the event of any inconsistency between the General Terms and Conditions and the License Agreement, the provisions of the License Agreement shall prevail..
1.6. autofiles.de reserves the right to change the General Terms and Conditions at any time..
1.7. deviations or deviations from these terms and conditions do not apply, unless autofiles.de has agreed in writing. Deviations from one or more articles of the General Terms and Conditions do not affect the applicability of the other articles of these General Terms and Conditions..
- Professional customer
2.1 Due to the extremely specific nature of the products, autofiles.de sells its products B2B only to professional vehicle tuners who are sufficiently trained, skilled and qualified in tuning a vehicle and can tune a vehicle without additional information, training or support from third party party party.
2.2. by ordering or purchasing products from autofiles.de, the customer confirms that he is a professional car tuner with extensive knowledge and training in tuning a vehicle.
- Information, orders, prices and availability
3.1 The information made publicly available by autofiles.de (e.g. via the website) is of a general nature and will be corrected and / or modified. This information itself is in principle not adapted to personal or specific circumstances. autofiles.de reserves the right to change the characteristics of the products at any time, if this is considered appropriate or necessary or required by any authority..
3.2 All offers and products are subject to availability.
3.3. all prices stated on the website are based on the current prices applied by autofiles.de..
3.4. all prices are in euros and are exclusive of VAT and all other applicable costs..
3.5. prices may be subject to fluctuations and may be changed at any time by autofiles.de on its website..
3.6. the price valid at the time of confirmation of the order will apply to this order and will be indicated on the purchase account of the customer who buys the product.
3.7. autofiles.co.uk will process orders subject to availability and within the limitations specified in these Terms and Conditions. autofiles.co.uk reserves the right to refuse orders for legitimate reasons at any time, including, but not limited to, if there is a suspicion of abuse of rights or misconduct on the part of the customer.
3.8. The purchase of a product does not include updates made by autofiles.de to the product. In the event that the customer wishes to receive an update of its software, a new order must be placed on the website and paid for..
- Product ordering process and delivery
4.1. Before ordering a product, each customer must create an account. The customer account is created by completing the registration process and providing autofiles.de with current, complete and accurate information specified on the application registration form. Providing incorrect information (e.g. a fake or ambiguous VIN) may result in autofiles.de being unable to provide support for a particular project..
4.2 Once the customer account has been created, the customer can purchase products available on the webstore. The products purchased hereunder consist of credits that can be used to download the tuning software / tuning file(s) corresponding to the credits purchased. Credits must be paid in accordance with Article 5..
4.3 The purchased credits will be stored in the customer’s purchase account and can be used at any time to download the corresponding products available in the webstore. Once a tuning software / tuning file has been downloaded, the available credits will be reduced by the credit corresponding to the downloaded product.
4.4. Purchased credits cannot be cancelled and will not be refunded. Any request for refund will result in immediate exclusion from the website, services and products..
- Invoicing and payment
5.1. Invoice will be sent to the customer after confirming the order and will be sent by email only.
Customers are obliged to pay for the products via the online payment provider “Paypal” or Stripe, unless otherwise expressly agreed with autofiles.de.
5.2. autofiles.de may offer other payment methods in the future. If autofiles.de uses other payment methods, this will be announced via the website..
5.3. to ensure the security of online payments made by the customer, all transactions are encrypted using SSL technology..
5.4 In some cases, a credit is granted and the customer can request up to a certain amount of tuning files which will be calculated afterwards by the invoicing company with reference to the country. For this purpose all tuning files will be charged with 1 credit unless otherwise agreed. Which needs a written confirmation of the supplier. For the German area we work with the company Maxchip Ltd. & Co. KG,Tal 44,80331 München,Germany, Tel.: +436765225940 , E-Mail: email@example.com. Invoices for the German area, i.e. Germany, Austria and Switzerland are issued exclusively by this company. For this purpose, there is an agreement between the companies..
- Delivery of products
6.1 Downloading a product requires (i) providing autofiles.de with complete and accurate information about the vehicle to be tuned according to the relevant form and (ii) uploading the file containing the information read from the engine control unit of the vehicle in question.
6.2. after the collection and analysis of the information provided in accordance with Article 6.1, the corresponding tuning software / tuning file will be made available to the customer for download.
6.3 The warranty granted on the products requires that the customer provides correct and complete information about the vehicle to be tuned. In case of incorrect, inaccurate or incomplete information, autofiles.co.uk disclaims all warranties and conditions with respect to the products, including all warranties of suitability for tuning a particular vehicle..
6.4. the customer is fully responsible for the correct installation of the tuning software / tuning file on the vehicle and autofiles.de assumes no obligation in the event that the installation cannot be performed due to circumstances other than a defect in the product itself.
6.5. After downloading, the customer may not return tuning software / tuning file and / or request a refund of the product price. This is without prejudice to the provisions of Article 8 relating to the warranty..
- Control and acceptance
7.1 The Customer reserves the right to reject Products and to cancel all or part of its order if the Products provided by autofiles.co.uk do not comply with applicable industry standards or practices or if they do not comply with the specific order and / or are not suitable for the tuning of the vehicle specified in the delivery bill submitted to autofiles.co.uk in accordance with Article 6.1..
7.2 The Customer or, where applicable, the person to whom the delivery is made, must inspect the Products upon delivery. In the event that the products shall be damaged or defective upon delivery or if the order is not compliant, a description of the alleged damage, defect, non-conformity and / or other complaint must be made in writing within five years days from delivery of the products..
7.3 If autofiles.com has not received a written complaint from the customer within five days after delivery of the products, the products shall be deemed accepted by the customer.
8.1. For a period of 1 year from the date of delivery of the product, autofiles.de guarantees that:
The Products delivered shall be of merchantable quality, conform to applicable industry standards and practices, and be suitable for Customer’s intended uses and purposes in the ordinary course of business..
The products supplied shall be free from defects in design, materials and workmanship.
8.2 However, the warranty provided by autofiles.de covers only the software. The implementation of the tuning software / tuning file (s) by the customer in the vehicle is at the sole risk of the customer and is therefore excluded from the warranty under Article 8.1.
In particular, autofiles.de does not guarantee that (i) the Products will meet the Customer’s requirements; (ii) it will work with other materials, in particular electrics, software, software packages, systems or data, including but not limited to input data provided by the Customer, which are not provided by autofiles.de and which the Customer wishes to use ;; (iii) that the Products will work without interruption and without errors, that they are free