Terms and conditions fahrzeugdatenbank.com

THE PRODUCTS OFFERED ON THIS WEBSITE ARE INTENDED FOR SALE AND USE BY PROFESSIONAL VEHICLE TUNERS ONLY AND ARE NOT SUITABLE FOR A NON-PROFESSIONAL AUDIENCE.

General.

1.1 The legal relationship and any agreement between

The Autoflasher Ltd.

Sportplatzgasse 32b
2443 Leithaprodersdorf
Austria

and the customer is exclusively subject to 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.fahrzeugdatenbank.com).

1.3. the general terms and conditions apply to each offer of fahrzeugdatenbank.com and to each concluded distance contract between fahrzeugdatenbank.com and the customer who uses or purchases tuning software / tuning files (the “products”) brought to the website market of fahrzeugdatenbank.com exclusively for professional purposes .

1.4 The terms and conditions stated on the Website at the time of the order shall apply and govern this order.

1.5. by ordering or purchasing products from fahrzeugdatenbank.com 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. fahrzeugdatenbank.com reserves the right to change the General Terms and Conditions at any time.

1.7 No deviations or variations from these Terms and Conditions shall apply unless agreed in writing by fahrzeugdatenbank.com. Deviations from one or more articles of the General Terms and Conditions shall 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, fahrzeugdatenbank.com sells its products B2B only to professional vehicle tuners who are sufficiently trained, skilled and qualified in tuning a vehicle and are able to tune a vehicle without additional information, training or support from third parties Party.

2.2 By ordering or purchasing products from fahrzeugdatenbank.com, 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 fahrzeugdatenbank.com (e.g. via the website) is of a general nature and will be corrected and / or modified. This information itself is generally not adapted to personal or specific circumstances. fahrzeugdatenbank.com reserves the right to change the characteristics of the products at any time, if this is deemed appropriate or necessary, or if required by an 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 fahrzeugdatenbank.com.

3.4 All prices are in euros and are subject to VAT and all other applicable costs.

3.5 Prices may be subject to fluctuations and may be changed by fahrzeugdatenbank.com on its website at any time.

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. fahrzeugdatenbank.com processes orders subject to availability and within the limitations stated in these Terms and Conditions. fahrzeugdatenbank.com reserves the right to refuse orders for legitimate reasons at any time, including, but not limited to, if there is a suspicion of legal abuse or misconduct by the customer.

3.8 The purchase of a product does not include updates made to the product by fahrzeugdatenbank.com. In the event that the customer wishes to receive an update to their software, a new order must be placed and paid for 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 fahrzeugdatenbank.com with current, complete and accurate information specified on the application registration form. Providing incorrect information (e.g., a falsified or ambiguous VIN) may result in fahrzeugdatenbank.com being unable to provide support for a particular project.

4.2 Once the customer account is created, the customer can purchase 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. As soon as 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.

Invoice and payment

5.1 Invoice will be sent to customer after order confirmation 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 fahrzeugdatenbank.com

5.2. fahrzeugdatenbank.com may offer other payment methods in the future. If fahrzeugdatenbank.com 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 discount 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: info@maxchip.de. Invoices for the German area, i.e. Germany, Austria and Switzerland are issued exclusively by this company. There is an agreement between the companies.

Delivery of the products

6.1 The downloading of a product requires (i) providing fahrzeugdatenbank.com with complete and accurate information about the vehicle to be tuned in accordance with the relevant form and (ii) uploading the file containing the information read by the engine control unit of the vehicle in question.

6.2 After the information submitted in accordance with Article 6.1 has been collected and analyzed, the relevant 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, fahrzeugdatenbank.com 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 fahrzeugdatenbank.com 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 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 fahrzeugdatenbank.com 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 matching the vehicle specified in the delivery bill submitted to fahrzeugdatenbank.com in accordance with Article 6.1.

7.2 The Customer or, as the case may be, the person to whom the delivery is made, shall 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 other complaint must be made in writing within five years days from delivery of the Products.

7.3 If fahrzeugdatenbank.com has not received a written complaint from the customer within five days of delivery of the products, the products shall be deemed accepted by the customer.

Warranty

8.1 For a period of 1 year from the date of delivery of the product, fahrzeugdatenbank.com guarantees that:

Products delivered shall be of merchantable quality, conform to applicable industry standards and practices, and be fit for Customer’s intended uses and purposes in the ordinary course of business.
Products supplied shall be free from defects in design, materials and workmanship.

8.2 However, the warranty provided by fahrzeugdatenbank.com only covers 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, fahrzeugdatenbank.com does not warrant that (i) the Products will meet Customer’s requirements; (ii) it will work with other materials, including but not limited to electrical, software, software packages, systems or data, including but not limited to input data provided by Customer, which are not provided by fahrzeugdatenbank.com and which Customer wishes to use ;; (iii) that the Products will operate without interruption or error, that they will be freely

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