Terms & Conditions
1. Scope
For all orders through our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become an integral part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with SKN Tuning GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.
We accept your offer within two days by
- we submit a declaration of acceptance in a separate email or
- if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment").
The alternative that is relevant for you depends on which of the listed events occurs first.
3. Contract language, contract text storage
The language (s) available for the conclusion of the contract: German
We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. Subject matter of the contract
4.1 Product description
Attention is drawn to the validity of the respective product description as an essential part of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you have any questions, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual Product colors is possible.
5. Terms of delivery
5.1 Delivery options
We ship the products to the delivery address specified in the ordering process.
You generally have the option of picking up your order from SKN Tuning GmbH, Esbecker Straße 1-5, 31020 Salzhemmendorf, Germany during the following business hours: Monday - Friday | 09:00 - 17:00
We do not deliver to pack pick up stations.
5.2 Delivery by freight forwarder
Appointments
In the case of freight forwarding deliveries, the freight forwarding company commissioned by us will contact you to arrange a delivery date.
delivery
Delivery of the goods is limited to the transport and unloading of the goods at the first public curb at the agreed delivery address. Delivery does not include delivery to specific premises or assembly and/or installation of the ordered goods, unless otherwise expressly agreed.
Recipient’s cooperation
The unloading and, if necessary, subsequent transport of the goods to the agreed delivery location are carried out jointly by the forwarding agent driver and the recipient. Information on the packaging dimensions can be found in the offers.
The following applies to merchants: Notwithstanding the previous sentence, the recipient is responsible for unloading and any necessary subsequent transport of the goods to the agreed delivery location.
6. Payment
6.1 Prices
The prices stated at the time of ordering apply. These are total prices and include statutory VAT.
6.2 Due date and default in payment
The price is due upon conclusion of the contract, unless a later date arises from the following payment conditions.
For consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 1,50 per reminder for the second and each subsequent reminder. You are entitled to provide evidence that the damage was less. This does not affect any other claims.
For entrepreneurs, the following applies: In the event of late payment, we reserve the right to charge you statutory default interest of nine percentage points above the base interest rate plus a flat rate of 40 euros. Other claims remain unaffected by this.
6.3 Payment methods
The following payment methods are generally available to you in our shop.
Amazon Pay
In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe SCA 38 avenue JF Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one banking day after placing the order.
Amazon Pay can offer registered Amazon Pay customers selected according to their own criteria additional payment options in the customer account. However, we have no influence on offering these modalities; Other individually offered payment modalities affect your legal relationship with Amazon Pay. Please see your Amazon Pay account for more information.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
PayPal
In collaboration with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal does not require registration with PayPal. You will receive further information regarding the respective payment option and during the ordering process.
PayPal
In order to be able to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
Credit card through PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Installment purchase via PayPal (Europe) S.à rl et Cie, SCA
In cooperation with PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, Luxembourg, we offer you the option of purchasing by installments. A successful address and credit check is required. In addition to our general terms and conditions, the general terms and conditions of PayPal (Europe) S.à rl et Cie, SCA apply to payment processing. You will receive further information, including the general terms and conditions of PayPal (Europe) S.à rl et Cie, SCA, during the ordering process.
Novalnet AG | Gutenbergstraße 7 | 85748 Garching near Munich
Prepayment
7. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
8. Retention of Title
The product remains our property until full payment has been made.
The following also applies to entrepreneurs: We retain ownership of the product until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
9. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.
10. Warranties and Guarantees
10.1 Right to liability for defects
Unless expressly agreed otherwise, the statutory right to liability for defects shall apply.
The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- In case of injury to life, body or health
- In case of intentional or grossly negligent breach of duty as well as fraudulent intent
- In the case of violation of material contractual obligations, the fulfillment of which allows the proper execution of the contract at first and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed, or
- As long as the scope of the Product Liability Act is in force.
Restrictions on entrepreneurs
For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Note to merchants
Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
Information to consumers
We would like to inform you that we are Sale of used goods to consumers, the limitation period with regard to warranty rights for defects may be shortened to one year from delivery of the goods, provided that we specifically inform you of this and this is expressly and separately agreed.
10.2 Warranties and customer service
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.
11. Liability
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
- In case of injury to life, body or health,
- In case of intentional or grossly negligent breach of duty,
- , If agreed upon warranty promise, or
- As long as the scope of the Product Liability Act is in force.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS) that you here Find. Consumers have the opportunity to use this platform to resolve their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or as to whether such a contractual relationship even exists, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Extrajudicial Dispute Resolution Board for Consumers and Entrepreneurs eV, Gohliser Str. 6, 04105 Leipzig, Germany. www.streitbeilegungsstelle.org, One dispute settlement proceedings before this point, we will participate.
13. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
In the sense of the German Commercial Code, you are a merchant, a legal entity under public law or a special fund under public law, and for all exclusive jurisdiction disputes, contractual relationships between us and between you are our place of business.
If individual clauses of these General Terms and Conditions are wholly or partially invalid, the rest of the contract remains valid. If individual clauses are ineffective, the content of the contract is based on the legal regulations.