GTC

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (HPerformance GmbH) via the website store.hperformance.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods .

We sell the goods partly or exclusively as a commission agent in our own name on behalf of a third party, i.e. for a third party as the owner of the goods. Contractual partners with all rights and obligations are, notwithstanding, we.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can make a binding purchase offer (order) via the online shopping cart system. In doing so, the goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the button "Checkout" or "Continue to order" (or similar designation) and entering the personal data and the payment and shipping terms, the order data will finally be displayed as an order overview.

Before sending the order, you have the option to check the information in the order overview again, change it (also via the "back" function of the Internet browser) or cancel the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay" or similar designation) you submit a binding offer to us.

You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, reservation of title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies additionally:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale, we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right, however, to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

§ 4 Warranty

(1) The statutory rights of liability for defects shall apply.

(2) Insofar as you are informed by us prior to submission of the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods shall be one year from delivery of the goods. The above limitation shall not apply:

- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;

- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.

(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us prior to submission of the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) The items offered are custom-made tuning items to achieve additional performance, which differ from the manufacturer parts ex works. Since these are manufactured in small series, their accuracy of fit may differ from the series part ex works.

(6) Since the items offered are special parts of different types, they should be installed by qualified personnel in appropriate (master) workshops. Without appropriate proof of installation in such a facility, we neither provide a guarantee for the function of the product nor do we accept any form of liability for any kind of damage resulting from incorrect installation.

(7) If there are no installation instructions available for download for a product, there are no instructions for it. Installation advice by telephone or in writing will not be granted.

(8) The (additional) services we offer are guidelines under ideal conditions. These are for guidance only and do not constitute a guarantee. Depending on the condition of the vehicle and external circumstances, this (additional) performance can vary by up to 30%.

(9) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs incurred by the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.

c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:

- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used in accordance with their customary use for a building and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

§ 5 Street legality and TÜV conformity

(1) The following applies to all of the items and services we offer, unless they are explicitly marked with approval in the area of the StVZO, have a corresponding test mark or an approval marking - these are expressly designed for motorsport and are not approved in the area of the StVZO / not legal. The use of these non-approved items and services will result in the cancellation of the operating license and insurance cover. HPerformance GmbH assumes no liability in any form.

§ 6 Work and services on motor vehicles

(1) All items and services, unless clearly marked otherwise, are racing items without guarantee/warranty/approval in the area of the StVZO. The same applies to all services carried out on the vehicle. Vehicles that have corresponding modifications may only be picked up or transferred with a vehicle transporter after the work has been completed.

(2) Specified (additional) performance and acceleration values can deviate from our specifications by up to 30% and are for guidance only.

(3) If a vehicle is tailored to a specific fuel, this vehicle must only be refueled with it. HPerformance GmbH assumes no liability in any form for damage resulting from incorrect refueling.

(4) Delivered vehicles must be filled with the fuel to be agreed upon. Fuel costs are generally not included in the offer and are charged additionally at €4 per liter.

(5) HPerformance GmbH does not provide any mobility guarantee or any costs for the duration of the conversion or any resulting delays for the entire duration of the conversion. Scheduled appointment times are not binding and may vary.

(6) If vehicles have already been modified, additional costs may arise. The result of the services is also influenced by previously made modifications. A guarantee/warranty for measures and control devices that were previously modified is not provided. In the worst case scenario, control units that have previously been incorrectly modified can lead to complete failure. In this case, as mentioned above, there is no guarantee of mobility.

(7) If the customer or any third party / company does changes to the modifications that HPerformance has done, we do no longer offer any kind of warranty to our modifications.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer information

1. Identity of the seller

HPerformance GmbH
Hemsbacherstraße 8
74706 Osterburken
Deutschland
Phone: 06291-6487601
E-Mail: info@hperformance.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

4. Essential characteristics of the goods or service

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment modalities

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.

5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.4. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

If you are an entrepreneur, the delivery and shipment shall be at your risk.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information have been prepared by Händlerbund lawyers specializing in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

8. Return of custom made items

All items, unless otherwise marked, are not stock items, but are individually made or manufactured in our factory at the customer's request. These are individual, one-of-a-kind items that cannot be returned.

Last update: 03.01.2024