Standard business terms
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(Jochen Ohmayer)via the website tuningislife.de/. Unless otherwise agreed, the inclusion of any of your own terms used by you is hereby objected to.
(2)Consumers within the meaning of the following provisions are any natural persons who enter into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1)The subject of the contract is the sale of goods.
(2)Already by listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3)The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as payment and shipping details, the order data will finally be displayed to you as an order summary.
If you use an instant payment system as a payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review the information in the order summary again, make changes (also using the "back" function of the internet browser), or cancel the order.
(4)Your requests for a quote are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5)The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. 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 blocked by spam filters.
§ 3 Individually designed goods and regular goods
(1)You provide us with the appropriate information, texts, or files required for the individual design of the goods via the online ordering system or by email no later than immediately after the conclusion of the contract. Any specifications we provide regarding file formats must be observed.
(2)You agree not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also includes the costs of the necessary legal representation in this context.
(3)We do not verify the transmitted data for content accuracy and therefore assume no liability for errors.
(4) Printing of the goods
The printing is done mechanically using DTG or DTF printing methods. A slight deviation in position or size of the displayed mockup in the shop may occur for hoodies, t-shirts, oversized hoodies, jackets, oversized shirts, and mugs. This falls within a tolerance of ±5%.
We atTuningislifestand behind the quality of our products and offer aPressure guaranteefrom6 monthsfrom the date of purchase. This warranty covers the following points:
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Warranty conditions:
- The print guarantee applies exclusively to proper use and care of the product.
- The care instructions, especially the washing and drying guidelines indicated on the label or in the product description, must be followed.
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Assertion of the warranty:
- Should the print come off or become damaged within the first 6 months despite proper use and care, we will cover the cost of a new print or replacement of the item.
- To claim the warranty, please contact us atinfo@tuningislife.deand send us the following information:
- A description of the problem.
- A photo of the affected area.
- Proof of purchase (e.g., order number or invoice).
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Exclusion of Warranty:
- The warranty does not apply in cases of improper use or care, e.g.:
- Washing at temperatures above the recommended settings.
- Use of bleach or aggressive detergents.
- Dry in the tumble dryer at a temperature not permitted.
- Damages caused by improper handling, mechanical impacts, or wear and tear that are not attributable to the print are also excluded.
- The warranty does not apply in cases of improper use or care, e.g.:
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Note:
- The print guarantee is a voluntary service provided byTuningislifeand does not affect the statutory warranty rights of the buyer.
(4) Order Processing
Die Warenabwicklung basiert manuell. Es werden alle Bestellungen einzeln geprüft auf Richtigkeit. Priority+ ist eine zusätzliche Dienstleistung die erworben werben kann um die Kontrolle der Bestellung zu beschleunigen. Diese Bestellungen werden schneller geprüft und zur Abwicklung früher weitergegeben. Priority+ hat keinen Einfluss auf die Sendungsdauer.
§ 4 Contract Duration / Termination of Subscription Contracts
(1)The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by either party with a notice period of one month to the end of the month (unless otherwise stipulated in the respective offer).
(2)The right to immediate termination for good cause remains unaffected.
(3)Any termination must be declared and transmitted either in text form (e.g., email) or via the termination button embedded on our website ("Terminate contracts here" or a similar designation).
§ 5 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation withKlarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice:The payment term is 30 days from the shipment of the goods/tickets/or, in the case of other services, from the provision of the service. The full billing conditions for the countries where this payment method is available can be found here:Germany, Austria.
- Instalment purchase:With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the terms specified at checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. For more information about installment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit for the countries where this payment method is available, please see here (available only in the specified countries):Germany, Austria.
- Immediate transfer:Available in Germany and Austria. Your account will be charged immediately after placing the order.
- Direct debit:The debit will be made after the goods have been shipped. The timing will be communicated to you via email.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. Therefore, we forward your data to Klarna within the scope of initiating and processing the purchase contract for the purpose of address and credit verification. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
Weitere Informationen und Klarnas Nutzungsbedingungen finden Siehere. General information about Klarna can be foundhere. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and as specified inKlarnas Privacy Policytreated.
More information about Klarna can be foundhere. You can find the Klarna apphere.
(2)Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout," the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, "PayPal" may use additional payment services; if special payment conditions apply for this, you will be specifically informed. More information about "PayPal" can be found athttps://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 6 Right of Retention, retention of title
(1)You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2)The goods remain our property until full payment of the purchase price has been made.
(3)If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total, and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of the connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.
d) We commit to releasing the securities due to us 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 is at our discretion.
§ 7Copyright and Intellectual Property
1. Intellectual Property and Protective Rights
All designs, products, and content offered on this website have been created and reviewed with the utmost care. We respect the intellectual property rights of third parties and have no intention of infringing any protective rights (e.g., copyrights, trademark rights, or patent rights, etc.).
2. Unconscious Violations
Should there still be an unintentional infringement of copyrights, trademark rights, or other protective rights, we ask the affected rights holders to contact us immediately. We will review the matter as quickly as possible and, if necessary, remove or adjust the contested content or products.
3. Contact option for legal infringements
Please direct your comments and complaints to:
Jochen Ohmayer
Semmelweisweg 2
89165 Dietenheim
Germany
info@tuningislife.de
4. Disclaimer
Liability for unintentional violations is expressly excluded, provided that measures to remedy the violation were taken immediately after written notification of the violation.
Furthermore:
We assume no liability for content provided by customers for the customization of products. The customer guarantees that this content does not infringe on third-party rights (in particular copyrights, trademark rights) and indemnifies us against any claims that may arise from the use of this content.
In the event of disputes arising from alleged legal violations, both parties agree to first seek an amicable solution before initiating legal action.
§ 8 Warranty
(1)There are statutory warranty rights for defects.
(2)As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty rights.
(3)As far as a characteristic of the goods deviates from the objective requirements, the deviation shall only be considered agreed upon if you were informed about it by us before submitting the contract declaration and the deviation was expressly and separately agreed upon between the contracting parties.
(4)Insofar as you are an entrepreneur, the following warranty provisions shall apply instead of the above:
a)Only our own information and the manufacturer's product description shall be considered as the condition of the goods, but not any other advertising, public endorsements, or statements by the manufacturer.
b)In the event of defects, we shall, at our discretion, provide warranty by way of repair or replacement delivery. If the defect remediation fails, you may demand a reduction or withdraw from the contract at your discretion. The defect remediation is considered failed after an unsuccessful second attempt, unless otherwise indicated by the nature of the goods, the defect, or other circumstances. In the case of repair, we are not obliged to bear the increased costs arising from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c)The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- for damages culpably caused by us due to injury to life, body, or health, and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- in the case of items that have been used for a building according to their usual manner of use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
The statutory right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer (§ 312g para. 2 no. 1 BGB).
§ 9 Choice of Law
(1)law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn (principle of favorability).
(2)The provisions of the UN Sales Convention shall expressly not apply.
§ 10Salvatorian Clause
Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the valid and enforceable regulation shall apply whose effects come as close as possible to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The same applies in the case of a regulatory gap.
II. Customer Information
1. Identity of the Seller
Jochen Ohmayer
Semmelweisweg 2
89165 Dietenheim
Germany
E-Mail: info@tuningislife.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible athttps://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions on the "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting 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 we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for offers outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer's seal quality criteria of Händlerbund Management AG, which can be viewed at:https://www.haendlerbund.de/
5. Essential characteristics of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately indicated during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by financial institutions), which must be borne by you.
6.4. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Terms
7.1. The delivery conditions, the delivery date, as well as any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. As far as you are a consumer, it is legally regulated 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 carrier or another person designated to carry out the shipment who was not named by the entrepreneur.
If you are a business owner, delivery and shipping are at your own risk.
8. Statutory Warranty Rights
Die Mängelhaftung richtet sich nach der Regelung "Gewährleistung" in unseren Allgemeinen Geschäftsbedingungen (Teil I).
9. Contract Duration / Termination
Information about the contract duration and termination conditions can usually be found in the "Contract Duration / Termination for Subscription Contracts" section of our General Terms and Conditions (Part I), as well as in the respective offer.
These terms and conditions and customer information were created by the IT law specialists of the Händlerbund and are continuously 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/