General Terms and Conditions B2B Die Autoflasher GmbH
General Terms and Conditions Die Autoflasher GmbH
THE PRODUCTS OFFERED ON THIS WEBSITE ARE FOR SALE AND USE BY PROFESSIONAL VEHICLE TUNERS ONLY AND ARE NOT SUITABLE FOR A NON-PROFESSIONAL AUDIENCE
1.1. The legal relationship and any agreement between
Die Autoflasher GmbH
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.autoflasher.de).
1.3. The General Terms and Conditions apply to any offer of Die Autoflasher GmbH and to any distance contract concluded between Die Autoflasher GmbH and the customer who uses or purchases tuning software/tuning files (the “Products”) brought to the website market of Die Autoflasher GmbH exclusively for professional purposes.
1.4. The terms and conditions stated on the website at the time of the order apply and are valid for this order.
1.5. By ordering or purchasing products from Die Autoflasher GmbH 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, Customer also expressly accepts and agrees to be bound by the terms of the License Agreement, which is fully incorporated into these Terms and Conditions. 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. autoflasher.de reserves the right to change the terms and conditions at any time.
1.7. Deviations or deviations from these terms and conditions do not apply unless autoflasher.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, Die Autoflasher GmbH 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 parties Party.
2.2. By ordering or purchasing products from Die Autoflasher GmbH, 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 autoflasher.de (e.g. via the website) is of a general nature and will be corrected and / or changed. This information itself is generally not customized to personal or specific circumstances. Die Autoflasher GmbH reserves the right to change the characteristics of the products at any time if deemed appropriate or necessary, or if required by any authority.
3.2. All offers and products are subject to availability.
3.3. All prices shown on the website are based on the current prices applied by Die Autoflasher GmbH.
3.4. All prices are in Euro 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 Die Autoflasher GmbH on its website.
3.6. The price valid at the time of confirmation of the order applies to this order and is indicated on the purchase account of the customer who buys the product
3.7. Die Autoflasher GmbH processes orders subject to availability and within the limitations stated in these Terms and Conditions. Die Autoflasher GmbH 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 by the customer.
3.8. The purchase of a product does not include updates made to the product by Die Autoflasher GmbH. In case the customer wants to receive an update of his software, a new order must be placed and paid on the website.
- 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 Die Autoflasher GmbH with current, complete, and accurate information provided on the applicable registration form. Providing incorrect information (e.g. a falsified or ambiguous chassis number) may result in Die Autoflasher GmbH being unable to provide support for a particular project.
4.2. Once the customer account is created, the customer can buy products available in 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 are 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 a refund will result in immediate exclusion from the website, services and products.
- Invoice and payment
5.1. The invoice will be sent to the customer after confirmation of the order and will be sent only by e-mail.
Customers are obliged to pay for the products via the online payment provider “Paypal” or Mollie, unless otherwise expressly agreed with Die Autoflasher GmbH
5.2. Die Autoflasher GmbH may offer other payment methods in the future. If Die Autoflasher GmbH 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 written confirmation of the supplier. For the German area we work with the company
Die Autoflasher GmbH
Invoices for the German area, i.e. Germany, Austria and Switzerland are issued exclusively by this company. There is an agreement between the companies.
- Products delivery
6.1. Downloading a product requires that (i) complete and accurate information about the vehicle to be tuned is provided to Die Autoflasher GmbH in accordance with the relevant form; and (ii) the file containing the information read from the engine control unit of the vehicle concerned is uploaded.
6.2. After the collection and analysis of the information submitted 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 presupposes that the customer provides correct and complete information on the vehicle to be tuned. In case of incorrect, inaccurate or incomplete information, Die Autoflasher GmbH disclaims all warranties and conditions with respect to the products, including all warranties of fitness for the purpose of 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 Die Autoflasher GmbH assumes no liability 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 can not return the 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 Die Autoflasher GmbH 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 Die Autoflasher GmbH in accordance with Article 6.1.
7.2. The customer or, if applicable, the person to whom the delivery is made, must inspect the products upon delivery. In the event that the Products are alleged to be damaged or defective upon delivery or if the order is non-conforming, a description of the alleged damage, defect, non-conformity and/or another complaint must be made in writing within five years days from delivery of the Products.
7.3. If Die Autoflasher GmbH has not received a written complaint from the customer within five days after delivery of the products, the products are considered accepted by the customer.
8.1. For a period of 1 year from the date of delivery of the product, Die Autoflasher GmbH guarantees that:
Products supplied 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 delivered products must be free from defects in design, material and workmanship.
8.2. However, the warranty provided by Die Autoflasher GmbH covers only the software. The implementation of the Tuning Software / Tuning File(s) by the Customer in the Vehicle shall be at the sole risk of the Customer and is therefore excluded from the warranty under Article 8.1.
In particular, Die Autoflasher GmbH does not guarantee that (i) the products meet the customer requirements; (ii) it works 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 Die Autoflasher GmbH and which the customer wishes to use ; (iii) that the products function without interruption and without error, that they are free of
Die Autoflasher GmbH