General Terms and Conditions

General terms and conditions

1. Validity of the conditions, contract language
   1. The deliveries, services and offers of SPEED-BUSTER® GmbH & Co. KG occur exclusively on the basis of these terms and conditions. Provided that it has not been stipulated otherwise, the inclusion of eventual terms and conditions that you usually make use of are not accepted.
   2. The contract language is German.
   3. These terms and conditions apply solely for business operations with consumers and not with business persons. A consumer in the sense of the provisions below is any natural person that concludes a legal transaction for a purpose that can predominantly be attributed neither to that person’s commercial nor its self-employed professional occupation. A business person is any natural or legal person or a private company with legal capacity, that upon conclusion of a legal transaction is acting in its self-employed professional activity or its commercial activity.
   4. If you are a business person, a different set of terms and conditions apply to you. You can ask to receive them at SPEED-BUSTER GmbH & Co. KG or see and download them on the website: www.b2b.speed-buster.de
2. Offer and conclusion of contract
   1. The object of the contract is the sale of goods. Our offers as shown on the internet are non-binding and are not a binding offer leading to the conclusion of a contract.
   2. You can make a legally binding purchase offer (order) via the online shopping basket system. To do this, the goods that are intended to be purchased are placed in the “shopping basket”. You can open the “shopping basket” and make changes to it anytime, via the corresponding button on the navigation bar. After opening the page “checkout” and the introduction of the personal data as well as payment and delivery terms, conclusively all order data will be shown on the order summary page. Before sending the order, you have the possibility to check all information once again, change it (also via the “back” feature of your internet browser) or to cancel your purchase. By sending the order via clicking the button “order with obligation to pay” you are submitting a legally binding offer to us. At first, you will receive an automatic e-mail regarding the receipt of your order, which is not yet leading to a conclusion of contract.
   3. The acceptance of the order (and therewith the conclusion of the contract) takes place within 2 working days via confirmation in written form (e.g. via e-mail), in which the execution of the order or the delivery of the goods are confirmed (order confirmation). If you do not receive such a message, you are not legally bound to your order anymore. Eventually already performed services will be refunded immediately, in this case.
   4. Your requests for the drafting of an offer are non-binding for you. We present a binding offer in written form (e.g. by e-mail) to you, which you can choose to accept within 30 days.
   5. The handling of the order and transmission of all information necessary for the contract conclusion is carried out via e-mail and is partially automated. Therefore, you have to ensure that the e-mail address you submit to us is correct and that the reception of e-mails is technically ensured and is especially not obstructed by any spam filters.
   6. Drawings, images, metrics, weights and other performance data are only binding, if this is explicitly confirmed in written form. If specific characteristics are not specifically agreed upon, SPEED-BUSTER® GmbH & Co. KG will deliver products of customary quality. Metric and analytical specifications represent approximate values, that can be slightly exceeded or deceeded.
   7. At auctions, the contract is valid if you submit the highest bid and the auction is terminated.
3. Delivery and delivery time
   1. If a stipulated delivery date is exceeded by two weeks, the purchaser can set a grace period of two weeks in written form and can step back from the contract once that grace period has passed. If he has not stipulated a delivery date, then an appropriate delivery period must be set before a grace period can be set.
   2. It is in the discretion of SPEED-BUSTER® GmbH & Co. KG to deliver partial deliveries, if this is deemed acceptable for the purchaser. The purchaser is obliged to accept the partial deliveries, that can also be accounted for separately. Cases of force majeure discharge SPEED-BUSTER® GmbH & Co. KG from the duty to deliver.
4. Shipment and return
   1. The shipping expenses are borne by the purchaser, if the cost is specified in our offer. The same applies for the expenses of the packaging.
   2. Dispatch route and shipping means are, if not stipulated otherwise, chosen at our discretion. Transport insurances are only carried out by us if explicitly asked for by the purchaser and are at the expense of the purchaser.
   3. If possible, obvious transport damages are to be recorded directly in the presence of the deliverer and are to be communicated to us within two weeks.
   4. In the case of a warranty claim, SPEED-BUSTER GmbH & Co. KG carries the expenses of the return. Any expenses advanced by the purchaser will be refunded in these cases.
   5. In the case of revocation, the expenses of the return are to be borne by the purchaser.
5. Payment terms
   1. Invoices are to be settled within 10 days of the date of the invoice. SPEED-BUSTER® GmbH & Co. KG has the right to make the delivery dependent on an advanced payment or to deliver the goods demanding cash on delivery. If SPEED-BUSTER® GmbH & Co. KG uses these rights, it will let the purchaser know within a period of 14 days after reception of the purchase order. If the advanced payment is not settled within the period set by SPEED-BUSTER® GmbH & Co. KG the contract is deemed as not realised. SPEED-BUSTER® GmbH & Co. KG adverts to this explicitly when demanding the advanced payment.
   2. If the purchaser has defaulted in payment, we are entitled to declare all outstanding payments due and payable. Upon exceedance of the payment period, we are furthermore authorised to require a security or advance payment. Outstanding monetary claims are bearing an 8% interest rate above the basic rate of interest, provided the purchaser is a business person. Consumers are subject to the legal regulations.
   3. Payment by invoice and financing
      In collaboration with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the purchase on account and hire purchase as payment options.
      Please consider that Klarna purchase on account and Klarna hire purchase are only available for consumers and that the payment must be made to Klarna.
   4. Klarna purchase on account

      Upon purchase on account with Klarna, you will always first receive the goods and then always have a payment period of 14 days. You can find the complete terms and conditions of the purchase on account here. The online shop charges a fee of 0,00 Euro per order with any purchase on account with Klarna.
   5. Klarna hire purchase
      With the financing service by Klarna, you can pay your purchase flexibly in monthly instalments of at least 1/24 of the total amount (must be 6,95€ at least) or under the terms and conditions otherwise stipulated at the checkout. You can find further information on the Klarna hire purchase including the general terms and conditions and the European standard information for consumer credits here.
   6. Data protection notice

      Klarna checks and assesses the data supplied and maintains a data exchange with other companies and credit agencies upon legitimate interest and grounds. Your personal data will be processed according to the applicable data protection regulations and the data protection regulations stipulated by Klarna.
6. Reservation of proprietary rights
   1. All our deliveries are carried out under prolonged reservation of proprietary rights. The property is only then fully owned by the purchaser, once he has settled his entire obligations stemming from the business relationship with us, and when paying by cheque only once the cheque has been irrevocably credited. Payments are always set off against the oldest outstanding debt, also if the purchaser has differing terms and conditions.
   2. For us as the manufacturer, any possible processing always takes place in the meaning of § 950 BGB, without binding us. Upon the processing or connection with other goods a co-ownership share of the new object inherently emerges for us. In the case of a processing, this is in the ratio of the value of the reserved goods to the new object. In the case of a connection, this is in the ratio of the value of the reserved goods to the other goods. Should the purchaser become the sole owner, he concedes the co-ownership to us already now, in the ratio of the mentioned values, and stores the object for us free of charge. If the goods that have been created by processing or connection are sold, the advance assignment stipulated below is valid only to the extent of the realisable value of the reserved goods.
   3. Before the final payment, the hypothecation or transfer of security is prohibited. A resale is only permitted in the framework of a lawful course of business. In the event of a resale of reserved goods, the purchaser already now concedes his purchase price claim towards the acquirer to us in full.
   4. If the purchaser has defaulted completely or entirely in payment, if he suspends the payments or if other legitimate doubts of his solvency or willingness to pay arise, he is no longer entitled to dispose of the goods.
   5. Insofar as the realisable value of all security rights that have been conceded to us under these terms and conditions, exceeds the amount of the secured claims by more than 20%, we will, upon request of the purchaser, release a part of the security rights to be chosen by us.
   6. During the duration of the reservation of ownership, the goods subject to our ownership are to be insured against fire, water, theft and burglary by the purchaser. The rights from this insurance will be conceded to us. We accept this cession.
7. Warranty, indemnification
   1. The warranty period is two years. In the case of the sale of used items, the warranty period is one year.
   2. We warrant in the same manner for replacements or repairs as for the item supplied. Upon failure of the repairs or replacement delivery, the purchaser has the right to demand a reduction or revocation of the contract.
   3. The preceding terms and conditions also apply for such claims of repair, replacement delivery or indemnification by the purchaser, which have arisen through proposals or advice in the framework of the contract or through violation of contractual accessory obligations.
   4. If delivered parts are installed in a motorised vehicle and an operating license or an acceptance procedure are necessitated for this, SPEED-BUSTER® GmbH & Co. KG does not guarantee the granting of these.
   5. With the exception of the loss of life, bodily injury or damage to health all damage claims are limited to intent and gross negligence.
   6. The claims of the purchaser resulting from a warranty or from fraudulent concealment of a flaw remain untouched.
8. Liability for consequential damage or product liability, vehicle warranty, vehicle liability
   1. The customer is notified and takes note of the fact that the services, products, tuning procedures and changes on the engine, the control unit or the control data that are carried out on the vehicle during the tuning by SPEED-BUSTER® GmbH & Co. KG lead to a change of the performance data of the customer’s vehicle. The customer is hereby notified that the engine and eventually also other power units of the vehicle and parts of the vehicle are subject to a higher stress and strain and that this may, physically induced, lead to higher wear and tear of the customer’s vehicle. Especially overstraining and sustained high power levels, as well as the increase of the maximum speed reached through the tuning may impact on the life span of the engine and its power units. Therefore SPEED-BUSTER® GmbH & Co. KG offers the possibility to enter into an additional warranty contract.
   2. SPEED-BUSTER® GmbH & Co. KG is only liable for further damages of the engine or the remaining parts of the vehicle, if they are caused by faulty parts delivered by SPEED-BUSTER® GmbH & Co. KG that are not functioning properly. Upon installation of a new control chip, SPEED-BUSTER® GmbH & Co. KG is only liable in those specific damages that have been caused by a faulty chip. Liability for damages that are merely resulting from higher engine straining is excluded.
   3. SPEED-BUSTER® GmbH & Co. KG clearly points out that the installation of tuning products may lead to the loss of warranty or the loss of duty of warranty by the vehicle’s manufacturer or the vehicle distributor.
   4. Changes and modifications of vehicles that participate in public traffic have to be registered in the vehicle’s official documentation. The purchaser must present the vehicle to an association of technical inspection, insofar as no parts appraisal is available. The responsibility for modified vehicles or parts thereof is with the purchaser. Any claims towards the distributor because of non-licensing by TUEV are excluded, except if the distributor has warranted the admissibility for TUEV under consideration of the corresponding regulations explicitly and in written form.
   5. The performance increase of motorised vehicles requires a new typification concerning the vehicle’s liability insurance and comprehensive insurance. The purchaser himself is obliged to ensure the compliance with insurance cover. He excludes SPEED-BUSTER® GmbH & Co. KG from any liability concerning this matter.
   6. The purchaser commits himself to inform his customers about the possible consequences described above in the case of a resale or an installation.
9. Payment by invoice and financing
   1. The customer is notified and takes note of the fact that the services, products, tuning procedures and changes on the engine, the control unit or the control data that are carried out on the vehicle during the tuning by SPEED-BUSTER® GmbH & Co. KG lead to a change of the performance data of the customer’s vehicle. The customer is hereby notified that the engine and eventually also other power units of the vehicle and parts of the vehicle are subject to a higher stress and strain and that this may, physically induced, lead to higher wear and tear of the customer’s vehicle. Especially overstraining and sustained high power levels, as well as the increase of the maximum speed that was reached through the tuning may impact on the life span of the engine and its power units. Therefore SPEED-BUSTER® GmbH & Co. KG offers the possibility to enter into an additional warranty contract.
   2. SPEED-BUSTER® GmbH & Co. KG is only liable for further damages of the engine or the remaining parts of the vehicle, if they are caused by faulty parts delivered by SPEED-BUSTER® GmbH & Co. KG that are not functioning properly. Upon installation of a new control chip, SPEED-BUSTER® GmbH & Co. KG is only liable in the specific damages that have been caused by a faulty chip. Liablity for damages that are merely resulting from higher engine straining is excluded.
   3. SPEED-BUSTER® GmbH & Co. KG clearly points out that the installation of tuning products may lead to the loss of warranty or the loss of duty of warranty by the vehicle’s manufacturer or the vehicle distributor.
   4. Changes and modifications of vehicles that participate in public traffic have to be registered in the vehicle’s official documentation. The purchaser must present the vehicle to an association of technical inspection, insofar as no parts appraisal is available. The responsibility for modified vehicles or parts thereof is with the purchaser. Any claims towards the distributor because of non-licensing by TUEV are excluded, except if the distributor has warranted the admissibility for TUEV under consideration of the corrssponding regulations explicitly and in written form.
10.    Voluntary right of return of up to 30 days
    1. On top of the legal cancellation right, Speed-Buster also grants you a voluntary right of return of a total of 30 days after the reception of goods. With this right of return you can step back from the purchasing contract even after the period of the legal cancellation right has passed, by returning the goods within 30 days of reception of the goods (beginning of the period on the day of reception of goods) to Speed-Buster under the address mentioned below. The timely dispatch of the goods is sufficient to respect the return period. To enact the voluntary right of return it is required, however, that you have only tested the goods for viewing purposes and that the goods are dispatched completely, undamaged and unbroken in the original packaging and with a copy of the invoice. You bear the costs of the return of the goods. Please return the goods to:
       SPEED-BUSTER GmbH & Co. KG
       Director: Wolfgang Ehlert
       Mosaikweg 18
       53489 Sinzig
       
       info@speed-buster.de
       
       Fax +49 (0) 26 42 - 999 555
11.    Platform for online dispute resolution
    1. The European Commission provides a platform for extrajudicial online dispute resolution (ODR platform), it is available on: (http://ec.europa.eu/odr).
12.    Partial nullity, applicable law
    1. If one of the above-mentioned requirements should be invalid, the validity of the remaining terms and conditions is not impacted by this. The economically closest rule to the invalid rule shall take the place of the invalid rule.
    2. The terms and conditions and the entire legal relation between SPEED-BUSTER® GmbH & Co. KG and the purchaser are subject to the law of the Federal Republic of Germany.