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(1) These General Terms and Conditions (GTC) apply to all contracts between Leo Efimow, Stauferweg 1B, 91555 Feuchtwangen (hereinafter 'Provider') and his customers (hereinafter 'Customer') via the provider's online shop.
(2) The offer is directed at both consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB, unless expressly stated otherwise.
(3) Deviating, conflicting, or supplementary general terms and conditions of the customer shall not apply, unless their validity has been expressly agreed to in writing.
(1) The subject of the contract is
(2) The offered software modifications are intended exclusively for motorsport purposes or for use on non-public grounds. Use in public road traffic is not part of the contract.
(3) The provider does not owe road approval, TÜV registration, or the approvability of the software.
(4) A specific performance increase (e.g., HP or torque values) is not guaranteed.
(1) The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
(2) By clicking the order button, the customer submits a binding offer.
(3) The contract is concluded when the provider sends an order confirmation by email, delivers the hardware, or unlocks the digital content in the customer portal.
(1) Creating a customer account is required for the order.
(2) The customer undertakes to submit all information – in particular vehicle data and Vehicle Identification Number (VIN) – completely and correctly.
(3) The provider is not liable for malfunctions or damages resulting from incorrect or incomplete information provided by the customer, unless the provider is at fault.
(4) The customer is responsible for maintaining the confidentiality of their access data.
(1) All prices are final prices in Euro (€) and include the statutory value-added tax. Shipping costs are shown separately.
(2) Payment is made via the payment methods offered in the ordering process (e.g., Stripe).
(3) For combined orders of hardware and software, the total price is due immediately. Digital content will only be unlocked after full payment has been received.
(1) Hardware is shipped to the delivery address specified by the customer.
(2) The digital tuning file is provided via the customer portal after the customer has uploaded the original software file.
(3) The processing time is usually up to 48 hours, but this is not a fixed deadline.
a) Consumers
Consumers are generally entitled to a statutory right of withdrawal. The details can be found in the provider's separate cancellation policy, available here.
b) Lapse of the Right of Withdrawal for Digital Content
The right of withdrawal expires for digital content if the provider has begun to perform the contract, the customer has expressly consented to the performance beginning before the end of the withdrawal period, and the customer has confirmed that he thereby loses his right of withdrawal.
(1) For physical goods, the statutory warranty rights apply. For software files, the provider shall remedy defects that prevent the software from functioning as described within a reasonable period. A warranty claim does not exist if the customer has provided incorrect vehicle data or has modified the software file.
(2) The warranty period for physical goods is 2 years from delivery. For digital content, claims for defects must be reported immediately and no later than 14 days after delivery.
(1) The provider is liable without limitation for damages resulting from injury to life, body, or health, as well as for damages based on intentional or grossly negligent breach of duty.
(2) In the event of simple negligence, the provider shall only be liable for the breach of material contractual obligations (cardinal obligations). Liability is limited to the foreseeable, typically occurring damage.
(3) Any further liability is excluded. In particular, the provider is not liable for damages resulting from improper use of the software by the customer, incorrect vehicle data, or use in public road traffic.
(4) The above limitations of liability also apply to the personal liability of employees, representatives, and vicarious agents of the provider.
(1) If the customer is an entrepreneur within the meaning of § 14 BGB, the following supplementary provisions apply: The warranty period for physical goods is 1 year from delivery. The provider accepts no warranty liability for defects that were recognizable at the time of conclusion of the contract.
(2) The provider reserves ownership of the delivered goods until full payment of all claims arising from the business relationship. The entrepreneur is obliged to treat the goods with care.
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention (CISG). For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer habitually resides is not withdrawn.
(2) If any provision of these Terms and Conditions is or becomes invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.