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 and conditions is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed 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 their self-employed professional or commercial activity.

§ 2 Conclusion of the Contract

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

(2) By listing the respective product on our website, we already 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 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 at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping terms, the order details will finally be displayed to you as an order overview.

If you use an instant payment system as the payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order details will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

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

(4) Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Custom-designed goods and regular goods

(1) You must provide us with the suitable information, texts, or files required for the custom design of the goods via the online ordering system or by email no later than immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
 
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also includes the costs of the legal representation required in this connection.
 
(3) We do not check the transmitted data for substantive accuracy and therefore assume no liability for errors in this respect.

 

(4) Printing of the goods

Printing is carried out mechanically using DTG or DTF printing processes. A slight positional or size deviation from the mockup displayed in the shop may occur for hoodies, T-shirts, oversized hoodies, jackets, oversized shirts, and mugs. This is within a tolerance of +-5%.

We at Tuningislife stand behind the quality of our products and offer a print guarantee of 6 months from the date of purchase. This guarantee covers the following points:

1. Guarantee conditions:

   • The print guarantee applies exclusively if the goods are used and cared for properly.
   • The care instructions, in particular the washing and drying instructions stated on the label or in the product description, must be followed.

2. Making a claim under the guarantee:

   • If the print comes off or is damaged within the first 6 months despite proper use and care, we will cover the costs of a new print or replacement of the goods.
   • To claim the guarantee, please contact us at info@tuningislife.de and 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).

3. Exclusion of the guarantee:

   • The guarantee does not apply in the event of improper use or care, e.g.:
     • Washing at temperatures above the recommended specifications.
     • Use of bleach or harsh detergents.
     • Drying in a tumble dryer at a temperature that is not permitted.
   • Damage caused by improper handling, mechanical impact, or wear and tear not attributable to the print is also excluded.

4. Note:

   • The print guarantee is a voluntary service provided by Tuningislife and does not affect the buyer's statutory warranty rights.

(4) Goods processing

Goods processing is manual. All orders are individually checked for accuracy. Priority+ is an additional service that can be purchased to speed up the checking of the order. These orders are checked faster and passed on earlier for processing. Priority+ has no effect on shipping time.

§ 4 Contract Duration / Termination for Subscription Contracts

(1) The subscription contract concluded between you and us runs for an indefinite period. The contract may be terminated by either party with one month's notice to the end of the month (unless otherwise specified in the respective offer).

(2) The right to terminate without notice for good cause remains unaffected by this.

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

§ 5 Special Agreements on Offered Payment Methods

(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made in each case to Klarna:

• Invoice: The payment period is 30 days from dispatch of the goods / the ticket / or, in the case of other services, from the provision of the service. The full invoice terms for the countries in which this payment method is available can be found here: Germany, Austria.

• Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions stated at checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. Further information on installment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit for the countries in which this payment method is available, can be found here (only available in the specified countries): Germany, Austria.

• Instant bank transfer: Available in Germany and Austria. Your account will be debited immediately after the order is placed.

• Direct debit: The debit will be made after the goods have been shipped. You will be informed of the time by email.

The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted 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 found here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and in line with the information in Klarna's privacy policy .

Further information about Klarna can be found here. You can find the Klarna app here.

(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing will be 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 shown to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply for this, you will be informed of them separately. Further 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 may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

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

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transferring ownership by way of security is not permitted before ownership of the reserved goods has passed.

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; we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, 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 undertake to release the securities to which we are entitled at your request insofar as 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 incumbent upon us.

 

§ 7 Copyright and intellectual property

 

1. Intellectual property and industrial property rights
All designs, products, and content offered on this website have been created and reviewed with the utmost care. We respect the intellectual property of third parties and have no intention whatsoever of infringing industrial property rights (e.g. copyrights, trademark rights, or patent rights,..).

2. Unintentional infringements
Should an infringement of copyrights, trademark rights, or other industrial property rights nevertheless occur unintentionally, we ask the affected rights holders to contact us immediately. We will review the matter as quickly as possible and, if necessary, remove or adapt the contested content or products.

 

3. Contact option in the event of legal infringements
Please send your notices and complaints to:

Jochen Ohmayer

Semmelweisweg 2

89165 Dietenheim

Germany

info@tuningislife.de

4. Disclaimer

Liability for unintentional infringements is expressly excluded, provided that measures to remedy the infringement were taken immediately after written notification of the infringement.

Furthermore :

we assume no liability for content transmitted by customers for the customization of products. The customer guarantees that this content does not infringe any 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 due to alleged legal infringements, both parties undertake to first seek an amicable solution before legal action is initiated.

§ 8 Warranty

(1) The statutory liability for defects applies.

(2) 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 quickly as possible. Failure to do so will have no effect on your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own information 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 provide warranty at our discretion by repair or replacement delivery. If the rectification of defects fails, you may, at your choice, demand a price reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else results in particular from the nature of the goods or the defect or the other circumstances. In the case of repair, we do not have to bear the increased costs arising from the transport of the goods to a place 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 delivery of the goods. The shortening of the period does not apply:

- to damages culpably caused by us resulting from injury to life, body, or health and in the case of other damages 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;
- for items that have been used for a building in accordance with their usual manner of use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with rights arising from defects.

The statutory right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g para. 2 no. 1 German Civil Code)

§ 9 Choice of Law

(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (principle of favorability).

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

§ 10 Severability 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 provision shall apply whose effects come as close as possible to the economic objective that the contracting parties intended with the invalid or unenforceable provision. The same applies in the event of a gap in the provisions.

 

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II. Customer Information

1. Identity of the Seller

Jochen Ohmayer
Semmelweisweg 2
89165 Dietenheim
Germany
Email: info@tuningislife.de



2. Information on the Conclusion of the Contract

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

3. Contract language, storage of contract text

3.1. The contract language is German .

3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. 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 by email.

3.3. In the case of offer requests 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 out or save electronically.

4. Codes of conduct

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

5. Essential characteristics of the goods or service

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

6. Prices and payment terms

6.1. The prices stated 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 shown separately 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 for which we are not responsible may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by credit institutions), which must be borne by you.

6.4. Costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where 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 shown 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 arising from the concluded contract are due for payment immediately.

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. If you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon handover 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 another person designated to carry out the shipment.

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

8. Statutory liability for defects

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

9. Contract duration / termination

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

These GTC and customer information were prepared by lawyers specializing in IT law at Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.