GTC

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for assembly/installation services
10. Performance data
11. Obligation to take back used oil pursuant to Section 8 of the Used Oil Regulation
12. Redemption of promotional vouchers
13. Applicable law
14. Place of jurisdiction
15. Code of Conduct
16. Alternative dispute resolution

 

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company HPerformance GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of tickets, unless expressly agreed otherwise. These GTC only regulate the sale of tickets for certain events specified in the seller's item description and not the organization of these events. Only the statutory provisions in the relationship between the participant and the organizer and any deviating terms and conditions of the organizer apply to the implementation of the events. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, post or telephone.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4If you select a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal / Exclusions / Returns

3.1 Consumers have a statutory right of withdrawal for distance contracts. The details are set forth in the separate notice of withdrawal, which forms an integral part of these Terms and Conditions.

3.2 The right of withdrawal does not apply to contracts for the delivery of goods,
- that are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or
- that are clearly tailored to the consumer’s personal needs (§ 312g (2), sentence 1, no. 1 BGB).

This applies in particular to our model-specific tuning components, such as

• Exhaust systems (complete systems, downpipes, catalytic converter-less systems, sport catalytic converters)
• Intercooler,
• Intake manifolds, intercooler hoses,
• Turbocharger
• Other power and performance components

that are individually selected, customized, assembled, or (partially) manufactured based on the vehicle data provided by the customer (e.g., exact model, series, year of manufacture, engine type/code, power rating, transmission type, chassis number, model code, etc.). This exclusion applies even before production or customization begins.

3.3 The right of withdrawal expires early

• in the case of delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been broken after delivery (Section 312g(2), first sentence, No. 3 of the German Civil Code (BGB)),
• in the case of delivery of audio or video recordings or computer software in a sealed package, if the seal has been broken after delivery (Section 312g(2), first sentence, No. 6 of the German Civil Code (BGB)).

This applies in particular to our tuning software modules, chip tuning boxes, OPF delete boxes, software optimizations, and similar electronic/digital tuning products once the original seal (foil, seal sticker, protective packaging, etc.) has been removed or the software has been loaded onto, unlocked, activated, or installed on a control unit.

3.4 In the case of combined tuning packages (hardware + software), the exclusions and the early expiration of the right of withdrawal apply separately to the hardware and software components, respectively.

3.5 Before placing an order, the customer will be clearly informed of the exclusion or early termination of the right of withdrawal in the product description, the shopping cart, and/or during checkout. In such cases, confirmation by checking a box may be required.

3.6 In the event of a valid cancellation, the provisions of the cancellation policy shall apply. We reserve the right to claim damages in excess of the statutory claims for loss of value in the event of misuse or willful damage to or soiling of the goods (Section 357(7) of the German Civil Code (BGB)).

3.7 The right of withdrawal does not apply to consumers whose place of residence and delivery address are located outside the European Union at the time the contract is concluded and who are not citizens of an EU member state.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online store.

4.4 If a payment method offered via the "PayPal" payment service is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. purchase on account or payment by installments), it shall assign its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and returns or credit notes.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, the payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision made in the seller's revocation instructions shall apply to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.

5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

5.6 Tickets are provided to the customer as follows:

- via download

6) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• the limitation period for warranty rights for new goods is one year from delivery of the goods;
• the warranty rights are excluded for used goods;
• the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

7.2 The aforementioned limitations of liability and shortening of time limits do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

8.3 Any further liability of the seller is excluded.

8.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Special conditions for assembly/installation services

If, according to the content of the contract, the seller is also responsible for the assembly or installation of the goods at the customer's premises in addition to the delivery of the goods, as well as any corresponding preparatory measures (e.g. measurement), the following shall apply:

9.1 The Seller shall provide its services at its own discretion either in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to perform the desired service.

9.2 The customer shall provide the seller with the information required for the provision of the service owed in full and truthfully, unless the procurement of such information is not within the seller's scope of duties according to the content of the contract.

9.3 The Seller shall contact the Customer after conclusion of the contract in order to agree an appointment for the service owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the Customer's relevant facilities on the agreed date.

9.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the installation work and handover to the customer.

10) Information on performance metrics

The performance specifications published in our offers, on our website, or in other informational materials—including our social media channels—(e.g., horsepower/kilowatt ratings, torque, acceleration figures, fuel consumption figures) are provided solely as non-binding guidelines. These values were determined under optimal conditions and may vary depending on the individual vehicle’s condition, technical specifications, age, maintenance status, existing deviations or modifications (e.g., due to wear, pre-existing conditions, component tolerances), operating fluids used, and external factors (e.g., weather conditions, fuel quality).

A binding assurance or guarantee for the achievement of these performance or acceleration values is expressly not given.

In particular, failure to achieve the specified performance, consumption or acceleration values does not constitute a defect within the meaning of the statutory warranty rights (§§ 434 ff. BGB) or other bases for claims and does not justify claims for subsequent performance, reduction, compensation or a right of withdrawal or revocation.

11) Obligation to take back used oil pursuant to Section 8 of the Used Oil Regulation

a) Online retailers are legally required to accept returns of used oil in the same quantity they sold.
In accordance with Section 8 of the Used Oil Ordinance, we are obligated to accept used oil free of charge in the quantity purchased from us. This also applies to oil filters purchased from us and oil-containing waste generated regularly during oil changes. Returns can be made at our company headquarters. The buyer is responsible for the shipping costs of the return. Please note that used oil, as a hazardous material, may only be shipped in suitable, approved packaging.

b) Information on Hazardous Materials & Shipping
Products such as motor oil and other lubricants may be classified as hazardous materials under applicable laws and regulations. Shipping is therefore carried out in accordance with the applicable transport regulations. The customer agrees to follow the manufacturer’s safety and handling instructions.

c) Safety Information / Provision of MSDSs
We provide customers with Material Safety Data Sheets (MSDSs) for all oils and lubricants we offer free of charge via email upon request.

12) Redeeming promotional coupons

10.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

10.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6If the promotional voucher specifies a specific amount rather than a percentage discount, the value of the merchandise must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.

10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.8 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

10.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.10 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

13) Governing Law

11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. 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 country in which the consumer has his habitual residence is not withdrawn.

11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

14) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

15) Code of Conduct

- The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.

16) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.