Terms of service

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 enter into with us as the provider (Jochen Ohmayer) close via the website tuningislife.de/. Unless otherwise agreed, the inclusion of any terms you may use is hereby rejected.

(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that 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) 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 item description. 

(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal information as well as the payment and shipping terms, you will finally see the order details displayed as an order summary.

As far as you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be directed to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
A redirect to the respective instant payment system will occur, where you will make the appropriate selection or enter your data. Finally, the order details will be displayed to you on the provider's website of the instant payment system or after you have been redirected back to our online store.

Before submitting the order, you have the opportunity to review, change (also using the "back" function of the internet browser), or cancel the order in the order overview.

(4) Your inquiries for the creation of a quote are non-binding for you. We will provide you with a binding offer in text form (e.g. via 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 done via email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and that it is not blocked by SPAM filters in particular.

§ 3 Individually designed goods

(1) You provide us with the necessary suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after the conclusion of the contract. Our possible specifications regarding file formats must be observed.
 
(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyright, personal rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims made 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 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 terminate without notice for good cause remains unaffected by this.

(3) Every cancellation must be declared and submitted either in text form (e.g. email) or via the cancellation button integrated on our website (“Cancel contracts here” or similar designation).

§ 5 Special Agreements on Offered Payment Methods

(1) Payment via Klarna
In collaboration with Klarna 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 dispatch of the goods/ticket or, in the case of other services, from the provision of the service. You can find the complete billing conditions for the countries where this payment method is available here: Germany, Austria.

• Installment 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 the month following the issuance of a monthly invoice by Klarna. For more information on 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 find it here (only available in the specified countries): Germany, Austria.

• Instant transfer: Available in Germany and Austria. Your account will be charged immediately after placing the order.

• Direct debit: The debit will occur after the goods have been shipped. The timing will be communicated to you via email.

The use of payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and credit verification as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

Further information and Klarna's terms of use can be found here. General information about Klarna can be obtained here. Your personal information will be processed by Klarna in accordance with applicable data protection regulations and as stated in Klarna's Privacy Policy treated.

You can find more information about Klarna here. You can find the Klarna app here.

(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" will be 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 other payment services; if special payment conditions apply, you will be informed separately about them. More information about "PayPal" can be found at https://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 to the extent that it concerns claims arising from the same contractual relationship.

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

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

a) We reserve the right of ownership of the goods until all claims from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer 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 in the amount of the invoice total that arise from the resale; 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 case of 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 to the other processed items at the time of processing.

d) We commit to releasing the securities owed to us at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 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 inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) As far as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed upon if you were informed about it before we submitted the declaration of contract and the deviation was expressly and separately agreed upon between the contracting parties.

(4) As far as you are an entrepreneur, the warranty regulations mentioned above apply differently:

a)  The characteristics of the goods are only our own specifications and the product description of the manufacturer as agreed, but not any other advertising, public promotions, and statements of the manufacturer.

b)  In case of defects, we provide warranty at our discretion through rectification or replacement. If the rectification fails, you can choose to demand a reduction in price or withdraw from the contract. The rectification is considered failed after an unsuccessful second attempt, unless something else arises particularly from the nature of the goods or the defect or from other circumstances. In the case of rectification, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless the transportation does not correspond to the intended use of the goods.

c)  The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:

- for damages caused by us that are attributable to the violation of life, body, or health, and in the case of intentionally or grossly negligent caused other damages;
- as far as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual purpose and have caused its defects;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 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 of the consumer's habitual residence is not withdrawn (principle of favorability).

(2)  The provisions of the UN Sales Convention do not explicitly apply.

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 at https://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "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 contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again via email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print or save electronically.

4. Codes of Conduct

4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential features 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 represent total prices. They include all price components, including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be separately indicated during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

6.3. If the delivery is made to countries outside the European Union, additional costs that we cannot be held responsible for may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which you will have to bear. 

6.4. Costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery takes place in an EU member state, but the payment was initiated outside the European Union.

6.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for immediate payment.

7. Delivery Conditions

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

7.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipping 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 for the execution of the shipment.

If you are an entrepreneur, the delivery and shipping are at your own risk.

8. Statutory Liability for Defects

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

9. Contract Duration / Termination

Information about the contract duration and termination conditions can usually be found in the regulation "Contract Duration / Termination for Subscription Contracts" in our General Terms and Conditions (Part I), as well as in the respective offer.

These terms and conditions and customer information have been created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.