General Terms and Conditions of B&R Chiptuning (AGB)
§ 1. General
§ 1.2 We are specialized in the engine optimization of vehicles by increasing the efficiency and performance of engines. If we intervene in the engine control system or in engines in any other way within the scope of our services, the operating permit of the vehicles processed by us may expire as a result.
We hereby draw our customers’ attention to this fact.
It is the exclusive responsibility of the customer to inform himself in advance of the obligation to obtain approval for our services from the relevant authorities and, if necessary, to obtain the necessary approvals there. We assume no liability for the existence of the operating permit on the vehicles processed by us and the resulting consequences of the expiry of the operating permit.
§ 2. Offer & Conclusion of contract
§ 2.1 Our offers are subject to change and non-binding.
§ 2.2 The buyer is bound to purchase requests and other orders for two weeks. They expire only if the buyer revokes them. If B&R Chiptuning executes the order within the period or until receipt of a revocation, no separate declaration of acceptance is required.
§ 2.3 Drawings, illustrations, dimensions, weights and other performance data are only binding if this is expressly confirmed in writing. If certain characteristics are not expressly agreed, B&R Chiptuning shall supply products of customary quality. Measurement and analysis data are approximate values which may be slightly exceeded or undershot. If properties of the goods sold under a certain designation are changed (e.g. in the case of successor models), B&R Chiptuning shall be entitled to deliver the changed product.
§ 3. Delivery & Time of performance
§ 3.1 Announced delivery dates, if no fixed-date transactions have been agreed, shall be regarded as only approximate estimates. If an agreed delivery date is exceeded by more than two weeks, the buyer may set a grace period of two weeks in writing and withdraw from the contract after its expiration. If he has not agreed on a delivery date, a reasonable delivery period shall be required before setting a grace period.
§ 3.2 B&R Chiptuning is free to deliver in partial deliveries. The buyer is obliged to accept partial deliveries, which can also be invoiced separately. Force majeure shall release B&R Chiptuning from its obligation to deliver. We reserve the right to deliver to ourselves.
§ 3.3 In the event of non-delivery, the purchaser shall not be entitled to any claims, in particular for damages.
§ 4. Shipping & Transfer of Risk
Shipping costs shall be borne by the buyer. Insofar as provided for in our terms and conditions, we shall invoice the packaging at cost price. Shipment shall be at the expense and risk of the buyer. The risk shall pass to the buyer as soon as the consignment has been handed over to the person or institution carrying out the transport. If dispatch is delayed at the request of the purchaser, the risk shall pass to the purchaser upon notification of readiness for dispatch. Unless otherwise agreed, the shipping route and means are at our discretion. Transport insurance will only be taken out by us on the express instruction and at the expense of the purchaser. Transport damages are to be determined immediately upon receipt of the goods in a protocol vis-à-vis the deliverer and notified to us in writing within one week. All returns by the buyer are initially made at the buyer’s expense. If B&R Chiptuning is responsible for the reason for the return (warranty case, warranty case, etc.), the shipping costs will be reimbursed to the buyer. B&R Chiptuning is not obliged to accept carriage forward shipments.
§ 5. Goods returns & returns
§ 5.1 In principle a return of goods is only possible if a return possibility was expressly agreed before the delivery. The customer is liable for the faultless packaging of goods returned or sent. The goods may only be returned to us in their original packaging.
A credit note will only be issued after a thorough examination of the returned goods. The return must take place “free domicile”. For re-storage, the buyer will be charged 15% of the value of the goods, but at least 25.00 EUR. Goods with a net value of less than 50.00 EUR will not be taken back for a credit note. Damaged or no longer perfect goods are excluded from the return and will not be credited.
5.2 When supplying modified data for engine control units (software, tuning files or tuning files) which serve the purpose of increasing the performance of engines, the delivery of the product is always made under the aspect of a special design developed specifically for the customer whose exchange or right of return is hereby excluded in principle.
§ 6. Prices, price changes
The deliveries and services of B&R Chiptuning are based on the prices set out in the last price list issued. The prices contained in the offers are not binding. 19% VAT will be shown on invoices. If B&R Chiptuning executes the order after more than 30 days through no fault of its own, it shall be entitled to charge the list prices valid on the day of delivery.
§ 7. Terms of payment
§ 7.1 Invoices must be paid within 10 days of the invoice date. B&R Chiptuning is entitled to make the delivery dependent on payment in advance or to deliver the goods cash on delivery. If B&R Chiptuning makes use of this right, it will inform the buyer within 14 days of receipt of the order. If the advance payment is not made within a period set by B&R Chiptuning, the contract shall be deemed not to have been concluded. B&R Chiptuning shall expressly point this out again in the event of a demand for advance payment.
§ 7.2 If the purchaser is in default of payment, we shall be entitled to make all claims due. If the payment deadline is exceeded, we shall also be entitled to demand security or advance payment. If the buyer is an entrepreneur, interest of 8 % above the base rate shall be charged on any monetary claims due. The statutory regulations apply to consumers.
§ 8. Retention of title
§ 8.1 All our deliveries are subject to extended retention of title. Ownership shall only pass to the buyer when he has paid all his liabilities from the business relations with us, in case of payment by cheque only upon his irrevocable credit note. Payments shall in principle be set off against the oldest debt, even if the buyer has a different provision.
§ 8.2 Any treatment or processing shall always be carried out for us as manufacturer within the meaning of § 950 BGB (German Civil Code) without obligating us. In the case of processing or combination with other goods, a co-ownership share in the new item shall generally arise for us, namely in the case of processing in the ratio of the value of the reserved goods to the value of the new item, in the case of combination in the ratio of the reserved goods to the value of the other goods. Should the buyer become the sole owner, he already now grants us co-ownership in the ratio of the stated values and keeps the item for us free of charge. If the goods resulting from processing or combination are resold, the advance assignment agreed below shall apply only to the amount of the realisable value of the reserved goods.
§ 8.3 Prior to final payment, pledging or transfer by way of security is prohibited. Resale shall only be permitted within the framework of a proper course of business. In the event of the resale of reserved goods, the purchaser hereby assigns his purchase price claim against the purchaser in full to us.
§ 8.4 If the purchaser is in arrears with a payment in whole or in part, if he stops his payments, or if otherwise justified doubts arise as to his solvency or willingness to pay, he is no longer entitled to dispose of the goods.
§ 8.5 If the realisable value of all security rights to which we are entitled under these provisions exceeds the amount of the secured claims by more than 20%, we shall release part of the security right at our discretion at the request of the purchaser.
§ 8.6 For the duration of the retention of title, the Buyer shall insure the goods owned by us against fire, water, theft and burglary. The rights from this insurance are assigned to us. We accept this assignment.
§ 9. Warranty, compensation
§ 9.1 The warranty period is two years. The warranty period for the sale of used items is one year.
§ 9.2 We provide a warranty for replacement or repair in the same way as for the delivery item. If the repair or replacement delivery fails, the purchaser is entitled to demand a reduction in price or cancellation of the contract.
§ 9.3 The above provisions shall also apply to such claims of the customer for rectification of defects, replacement delivery or damages which have arisen as a result of suggestions or consultations made within the framework of the contract or as a result of a breach of secondary contractual obligations.
§ 9.4 According to the current state of the art, it is not guaranteed that assemblies will function together in any possible form. For this incompatibility, we shall only assume warranty if the mutually incompatible assemblies have all been purchased from us.
§ 9.5 In the case of software supplied by us, we shall not be liable for any infringement of copyrights.
§ 9.6 The warranty obligation does not exist or expires if the delivery item is modified, processed or defective by third parties without the consent of B&R Chiptuning, if it is used in vehicles or parts used in racing or corresponding competitions, or if the delivery item is installed outside an authorized specialist workshop. B&R Chiptuning does not guarantee that the delivered parts will be installed in a motor vehicle and if an operating permit or acceptance is required.
§ 9.7 With the exception of injury to life, limb and health, claims for damages shall be limited to intent and gross negligence. Expenses incurred by the buyer in the course of rectification shall not be reimbursed.
§ 9.8 The claims of the buyer from a guarantee or fraudulent concealment of a defect shall remain unaffected.
§ 9.9 Claims of the buyer according to §478 BGB (recourse of the entrepreneur against the supplier) shall also remain unaffected.
§ 10. Liability for consequential damages or product liability, vehicle warranty, vehicle liability
§ 10.1 The customer is informed and acknowledges that the services, products, tuning measures offered by B&R Chiptuning as well as the changes made to the vehicle, the engine, the control unit or the control data within the scope of tuning lead to a change in the performance data of the customer’s vehicle. The customer is hereby informed that the engine and possibly also other vehicle aggregates and vehicle parts are exposed to higher stress and strain and that this, due to physical reasons, can lead to higher wear on the customer’s vehicle. In particular, overloading and continuous performance as well as the increase in the maximum speed of the customer vehicle achieved by tuning can affect the service life of the engine and its units. B&R Chiptuning therefore offers the possibility of concluding an additional warranty contract.
B&R Chiptuning shall only be liable for further damage to the engine or other parts of the vehicle if such damage is caused by faulty parts installed by B&R Chiptuning, i.e. parts that do not function properly. B&R Chiptuning is only liable for damage to the vehicle caused by a defective chip if a new control chip is installed. A liability for damages, which arise only due to the higher engine load, is excluded;
§ 10.2 B&R Chiptuning expressly points out that the installation of tuning products can lead to the loss of the guarantee or warranty obligation of the vehicle manufacturer or vehicle seller.
§ 10.3 Oral agreements outside this contract are not concluded. Modifications and conversions of vehicles participating in public road traffic must be entered in the vehicle documents. If no ABE is available for the parts, the buyer must present the vehicle to the Technical Inspectorate. The responsibility for converted vehicles or their parts lies with the buyer. Any claims against the seller due to non-approval by the TÜV are excluded, unless the seller has expressly assured the TÜV admissibility in writing, taking into account the relevant conditions.
§ 10.4 The increase in the performance of motor vehicles requires a retypification with regard to motor vehicle liability insurance and comprehensive insurance. The buyer himself is obliged to ensure compliance with the insurance cover. He exempts B&R Chiptuning from any liability in this respect.
§ 10.5 The Buyer undertakes to inform his customers of the possible consequences described above in the event of resale or installation.
§ 11. Documents / Links / Texts
Drawings, circuit diagrams, components, software, links, I-frames or the like remain our property and may not be used, published or made accessible to companies or persons who are active in the same or similar field of work without our written permission.
§ 12. Severability Clause, Applicable Law, Place of Performance, Place of Jurisdiction
§12.1 If a provision of these GTC is invalid, the remaining provisions shall remain unaffected. The ineffective provision shall be deemed replaced by a provision that comes as close as possible to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to any loopholes in the provisions.
§12.2 The terms and conditions and the entire legal relationship between B&R Chiptuning and the Buyer shall be governed by the laws of the Federal Republic of Germany.
§12.3 The place of performance, place of payment and place of jurisdiction shall be Deggendorf.
§ 13. Privacy statement
Unless otherwise stated below, the provision of your personal information is not required by law, contract or contract. You are not obliged to provide the data. Failure to do so will have no consequences. This only applies insofar as no other information is given in the subsequent processing procedures.
“Personal data” means any information relating to an identified or identifiable natural person.
You can visit our websites without providing any personal information. Each time you access our website, usage data is transmitted through your Internet browser and stored in log data (server log files). These stored data include, for example, the name of the page accessed, the date and time of access, the amount of data transferred and the requesting provider. These data serve exclusively to guarantee the trouble-free operation of our website and to improve our services. It is not possible to assign this data to a specific person.
Collection and processing of data when using the contact form
When using the contact form, we collect your personal data (name, e-mail address, message text) only to the extent provided by you. Data processing serves the purpose of establishing contact. By sending your message, you consent to the processing of the transmitted data. The processing takes place on the basis of Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us without affecting the legality of the processing carried out on the basis of your consent until revocation. We will only use your e-mail address to process your enquiry. Your data will then be deleted if you have not consented to further processing and use.
When opening a customer account, we collect your personal data to the extent specified there. Data processing serves the purpose of improving your shopping experience and simplifying order processing. The processing is based on Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us without affecting the legality of the processing carried out on the basis of your consent until revocation. Your customer account will then be deleted.
Collection, processing and use of personal data for orders
When ordering, we collect and use your personal data only to the extent necessary to fulfill and process your order and process your inquiries. The provision of the data is necessary for the conclusion of the contract. Failure to do so means that no contract can be concluded. Processing takes place on the basis of Art. 6 (1) lit. b DSGVO and is necessary for the fulfilment of a contract with you. Your data will not be passed on to third parties without your express consent. The only exceptions to this are our service partners, who we need to process the contractual relationship or service providers we use in the context of order processing. In addition to the recipients named in the respective clauses of this data protection declaration, these are, for example, recipients of the following categories: Shipping service providers, payment service providers, merchandise management service providers, service providers for order processing, web hosts, IT service providers and drop shipping dealers. In all cases we strictly observe the legal requirements. The scope of data transmission is limited to a minimum.
Use of the e-mail address for sending newsletters
We use your e-mail address independently of the contract processing exclusively for our own advertising purposes for newsletter dispatch, provided that you have expressly agreed to this. Processing takes place on the basis of Art. 6 (1) lit. a DSGVO with your consent. You may revoke your consent at any time without affecting the legality of the processing carried out on the basis of your consent until revocation. You can unsubscribe from the newsletter at any time by using the corresponding link in the newsletter or by notifying us. Your e-mail address will then be removed from the mailing list.
Use the e-mail address for sending direct mail
We use your e-mail address, which we have received in the course of the sale of goods or services, for the electronic transmission of advertisements for our own goods or services which are similar to those which you have already purchased from us, unless you have objected to this use. The provision of the e-mail address is required for the conclusion of the contract. Failure to do so means that no contract can be concluded. Processing is carried out on the basis of Art. 6 (1) lit. f DSGVO out of a justified interest in direct advertising. You may object to this use of your e-mail address at any time by notifying us. You will find the contact details for exercising the objection in the imprint. You can also use the link provided for this purpose in the advertising e-mail. For this no other than the transmission costs arise according to the basic tariffs.
We will only use your mobile phone number to send your own advertising via WhatsApp if you have expressly agreed to this. By subscribing to our WhatsApp newsletter, you consent to the storage of your telephone number and the receipt of advertisements about WhatsApp. Processing takes place on the basis of Art. 6 (1) lit. a DSGVO with your consent. You may revoke your consent at any time without affecting the legality of the processing carried out on the basis of your consent until revocation. You can unsubscribe from the newsletter at any time by notifying us or by unsubscribing from the WhatsApp list. We will not pass on your mobile phone number to third parties and will only use it to send you our own advertising. The other subscribers to our newsletter also do not see their mobile phone number and cannot send you any whatsapp messages, as this is not a group but a broadcast list.
Forwarding email address to shipping company for shipping status information
We will pass on your e-mail address to the transport company within the framework of contract processing, provided that you have expressly agreed to this during the ordering process. The forwarding serves the purpose of informing you by e-mail about the shipping status. Processing takes place on the basis of Art. 6 (1) lit. a DSGVO with your consent. You may revoke your consent at any time by notifying us or the transport company without affecting the legality of the processing carried out on the basis of your consent until revocation.
Use of an external merchandise management system
We use a merchandise management system for contract processing within the framework of order processing. In addition your personal data raised in the context of the order are conveyed to SelectLine software GmbH, Otto von Guericke road 67, 39104 Magdeburg.
Under the following links you can find out how you can manage (among other things also deactivate) the cookies in the most important browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=de
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Use of Google Analytics
On our website we use the web analysis service Google Analytics of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). Data processing serves the purpose of analysing this website and its visitors. Google will use the information obtained on behalf of the operator of this website to evaluate your use of the website, compile reports on website activity and provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google.
Your data may be transferred to the USA. The European Commission has issued an adequacy decision for data transfers to the USA. Processing is carried out on the basis of Art. 6 (1) lit. f DSGVO out of a legitimate interest in the need-based and targeted design of the website. For reasons arising from your particular situation, you have the right at any time to object to this processing of your personal data based on Art. 6 (1) f DSGVO.
Use the remarketing or “Similar Target Groups” function of Google Inc.
Use of Google Adwords Conversion Tracking
On our website we use the online advertising program “Google AdWords” and in this context conversion tracking. Google Conversion Tracking is an analysis service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). When you click on an ad placed by Google, a conversion tracking cookie is placed on your computer. These cookies have a limited validity, do not contain any personal data and are therefore not used for personal identification. If you visit certain pages of our website and the cookie has not expired, Google and we may recognize that you clicked on the ad and were directed to that page. Each Google AdWords customer receives a different cookie. As a result, there is no way that cookies can be tracked through AdWords customer websites.
Use Facebook Remarketing
On our website we use the remarketing function “Custom Audiences” of Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA; “Facebook”). This function serves the purpose of targeting the visitors of the website with interest-related advertising in the social network Facebook. For this purpose, the remarketing tag of Facebook was implemented on the website. This tag establishes a direct connection to the Facebook servers when visiting the website. This transmits to the Facebook server which of our pages you have visited. Facebook associates this information with your personal Facebook user account. When you visit the social network Facebook, you will be shown personalized, interest-based Facebook ads. Processing is based on Art. 6 (1) lit. f DSGVO for the legitimate interest in the above-mentioned purpose. For reasons arising from your particular situation, you have the right at any time to object to this processing of your personal data based on Art. 6 (1) f DSGVO. You can deactivate the remarketing function “Custom Audiences” here. Further information on the collection and use of data by Facebook, on your rights in this regard and on ways of protecting your privacy can be found in Facebook’s data protection information at https://www.facebook.com/about/privacy/.
Duration of storage
After complete processing of the contract, the data will initially be stored for the duration of the warranty period, then under consideration of statutory, in particular tax and commercial retention periods and then deleted after expiry of the period if you have not agreed to further processing and use.
Rights of the person concerned
If the legal requirements are met, you are entitled to the following rights pursuant to Art. 15 to 20 DSGVO: right to information, to correction, to deletion, to restriction of processing, to data transferability. Furthermore, Art. 21 (1) DSGVO entitles you to object to processing based on Art. 6 (1) f DSGVO and to processing for the purpose of direct advertising. Please contact us if you wish. You will find the contact details in our imprint.
Right of appeal to the supervisory authority
Pursuant to Art. 77 DSGVO, you have the right to complain to the supervisory authority if you are of the opinion that the processing of your personal data is not lawful.
last update: 25.04.2018