General Terms and Conditions

These terms and conditions apply to all contracts concluded between

Turbo-power UG, Ziegeleiweg 26, 25421 Pinneberg

 (hereinafter referred to as "Provider" or "we") and our customers (hereinafter referred to as "Customer" or "you") exclusively using means of distance communication (e.g. via the Internet or by telephone) in our online shop. For contracts that we conclude via the trading platform "eBay" or at our offline shop (retail store), the conditions included there apply.

§ 1 Scope of application, definitions

(1) For the business relationship between the Provider and the Customer, only the following General Terms and Conditions in their version valid at the time of the order apply. Deviating terms and contract offers of the Customer are hereby rejected.

(2) The Customer is a consumer insofar as the purpose of the delivery and service cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in exercise of his commercial or self-employed professional activity.

§ 2 Conclusion of contract

(1) The Customer can select products from our assortment, in particular spare parts and car accessories, and collect them in a so-called shopping cart via the "add to cart" button. By clicking the button "order with obligation to pay", the Customer submits a binding offer to purchase the goods in the shopping cart.

(2) Before sending the order, the Customer can change, view and correct the data entered at any time and correct input errors. However, the Customer's request can only be submitted and transmitted if the Customer has accepted these General Terms and Conditions in the course of the order process and thus included them in his request.

(3) The Provider then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out via the "Print" function. The automatic confirmation of receipt merely documents that the order has been received by the Provider and does not constitute acceptance of the offer.

The contract is only concluded by our declaration of acceptance, which is sent separately by e-mail. The issuance of an invoice to the Customer for the respectively ordered goods replaces the declaration of acceptance. The declaration of acceptance can also be replaced by executing the order by us within 5 days of receipt of the order. If several of the aforementioned methods of acceptance occur, the contract is concluded at the event that occurs first. In any case, the Customer receives a contract confirmation in text form in accordance with statutory provisions.

If the Customer has not received a declaration of acceptance, invoice or notification of delivery or goods within 5 days, he is no longer bound by his order. Any payments made by the Customer up to that point will be reimbursed to him without delay.

(4) The subject of the delivery or service is the goods and/or services offered by us and ordered by the Customer. Unless expressly stated otherwise in the respective offer, specifications and prices refer to the items offered but not to possible accessories or decoration shown.

(5) If, through no fault of our own and despite all reasonable efforts, we are not able to deliver the ordered goods because our supplier does not fulfil its contractual obligations to us, we are entitled to withdraw from the contract. However, this right of withdrawal applies only if we have concluded with the relevant supplier a congruent covering transaction (binding, timely and sufficient order of the goods) and the non-delivery is not otherwise attributable to us. In such a case, we will inform the Customer without delay that the goods ordered are not available. Any consideration already provided by the Customer will be reimbursed without delay.

(6) The contract language is German.

(7) Order processing and communication in the context of the performance of the contract will generally take place by e-mail. The Customer must therefore ensure that the e-mail address provided for processing the order is correct and that settings and filters of the Customer do not prevent the receipt of e-mails relating to the contract.

(8) If a delivery time is stated in our offers, that delivery time and the information provided for calculating the delivery time apply with priority. If no or no different delivery time is specified for the respective goods in our online shop, the delivery period is 7 days. This period for delivery begins on the day after issuing the payment order to the remitting credit institution when paying in advance or for other payment methods on the day after conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a general public holiday recognised at the place of delivery, the next working day replaces such a day.

§ 3 Retention of title

The goods delivered remain our property until all claims under the contract have been fulfilled; if the Customer is a legal entity under public law, a special fund under public law or an entrepreneur in exercise of his commercial or self-employed professional activity, also beyond this from the ongoing business relationship until all claims to which we are entitled from it have been settled.

§ 4 Prices and shipping costs

(1) Our prices include the VAT valid at the time and exclude shipping costs.

(2) The relevant shipping costs are notified to the Customer before conclusion of the contract and are to be borne by the Customer unless free shipping is agreed.

§ 5 Payment

(1) The Customer can make payment according to the payment methods provided in the respective offer.

(2) Payment of the purchase price is due immediately upon conclusion of contract and must be received by us within 7 calendar days unless the agreed payment method provides otherwise.

(3) The Customer must ensure sufficient account coverage. In the case of returned debits due to insufficient funds, the Customer must reimburse us for any resulting damages.

(4) The Customer's obligation to pay interest on arrears does not exclude further claims for damages due to default.

(5) The Customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 6 Transfer of risk

(1) In relation to consumers, the risk of accidental loss and accidental deterioration of the purchased item shall pass to the Customer only upon delivery of the goods to the Customer by law.

(2) Only if the Customer acts as an entrepreneur: Delivery is ex works. The risk of accidental loss and accidental deterioration of the goods passes to the Customer at the latest upon handover. In case of mail order purchase, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the Customer as soon as the goods are delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the delivery.

(3) If the Customer is in default of acceptance, fails to cooperate, or if our delivery is delayed for other reasons for which the Customer is responsible, we are entitled to compensation for the resulting damage including additional expenses (e.g., storage and transport costs).

§ 7 Warranty for defects, guarantee

(1) Claims for defects concerning used goods delivered by us become time-barred for consumers one year after delivery to the Customer; as regards entrepreneurs, our liability for defects is excluded for used goods purchases. For entrepreneurs, the limitation period for defect claims for goods delivered as new by us is 1 year and does not start anew if, under the defect liability, a replacement delivery takes place. In all other respects, we are liable for defects in accordance with the statutory provisions, in particular §§ 434 ff. BGB.

(2) Our liability according to § 9 of these T&Cs, in particular for damages claims of the Customer arising from injury to life, limb, health or from the violation of essential contractual obligations (see § 9 of these T&Cs), as well as for damages according to the Product Liability Act and for any assumed guarantees, remains unaffected by the limitations in the preceding para. 1. The statutory limitation periods for entrepreneurs for recourse claims under § 478 BGB and our liability for malicious concealment of a defect also remain unaffected.

(3) Entrepreneurs' defect claims require that they have complied with their statutory inspection and notification duties (§§ 377, 381 HGB).

(4) A quality or durability guarantee (§ 443 BGB) on our part for goods delivered by us only exists if it has been expressly offered and agreed. Any manufacturer guarantees remain unaffected.

(5) Any complaints and warranty claims can be sent to the address stated in the provider identification.

§ 8 Advice, installation and use of products offered by us

(1) Unless otherwise agreed individually, we are not obliged to provide advice or support for installation of our parts. Customers are strongly advised in any case to have the item purchased professionally installed and properly maintained by adequately qualified personnel in a specialist workshop in accordance with manufacturer's instructions. Following installation, a function and safety check (where possible given the nature of the part) must always be carried out by qualified personnel. Manufacturer specifications for operating fluids and lubricants, as well as operation, maintenance and care instructions, must always be observed. For damages for which we are not responsible and which also are not caused by a defect in the purchased item or an inadequate installation manual, due to improper installation and/or operation, improper maintenance or lack of care, we are not liable. In such cases, the Customer must reimburse our costs for verification and handling of an unfounded defect report.

(2) Motorsport parts without a general operating permit may not be installed for a vehicle in public road traffic without appropriate individual approval by a TÜV expert. We offer motorsport parts exclusively for competition vehicles outside the StVZO. By agreeing to our General Terms and Conditions (T&Cs), you confirm that these motorsport parts, without any individual approval of the complete conversion, are not to be used on any vehicle that participates in public road traffic. We recommend consulting a TÜV expert in advance even for motorsport parts with a general operating permit.

§ 9 Other liability

(1) Claims of the Customer for damages are excluded. Excepted from this are damage claims of the Customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal duties), as well as liability for other damages which are based on intentional or grossly negligent violations of duty by the Provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is required to achieve the purpose of the contract and which the Customer can regularly rely on as a contractual partner. For the breach of essential contractual obligations, the Provider is only liable for the contract-typical, foreseeable damage if caused by slight negligence, unless it concerns claims for damages of the Customer for injury to life, body, or health.

(2) The limitations of the above para. 1 also apply for the benefit of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them as well as likewise for claims for reimbursement of expenses.

(3) The provisions of the Product Liability Act and our liability for any assumed guarantees remain unaffected.

§ 10 Right of withdrawal

Consumers are entitled to a statutory right of withdrawal. You will receive separate withdrawal instructions in text form in accordance with statutory provisions. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of contract conclusion and whose exclusive residence and delivery address at the time of contract conclusion is outside the European Union. Chip tuning, digital content, software and parts with an expert report are excluded from the right of withdrawal. 
Entrepreneurs do not have a statutory right of withdrawal in relation to other businesses. We reserve the right to accept the withdrawal of deliveries and services to entrepreneurs, after consultation and subject to a restocking fee of 15 percent of the previously paid net sales price.

§ 11 Contract text

The contract text is not stored by us and can no longer be retrieved after the order process has been completed. The Customer can print these Terms and Conditions and the order data before submitting the order and will receive contract confirmation in accordance with the statutory provisions.

§ 12 Out-of-court dispute resolution/consumer arbitration

(1) The European Union has set up an online platform (“ODR platform”) for the out-of-court settlement of consumer disputes. The ODR platform is intended as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. The platform can be found at https://ec.europa.eu/consumers/odr. 

(2) We are generally not willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Final provisions

(1) The law of the Federal Republic of Germany applies to the contract, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only as far as the consumer is not deprived of the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence.

(2) If the Customer is a merchant, a legal entity under public law, a special fund under public law or does not have a general place of jurisdiction within Germany, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.

(3) Any possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the other provisions. Instead of the invalid points, the statutory provisions shall apply where available. Should this constitute an unreasonable hardship for a contracting party, the contract shall become invalid in its entirety.

Note in accordance with battery law

In connection with the sale of batteries and rechargeable batteries, as a dealer, according to battery law, we must point out the following to those who use batteries or products with built-in batteries and do not resell them in the form delivered to them (end users):

You are legally required to return used batteries or rechargeable batteries. Return can take place at municipal public collection points or wherever they are sold. The disposal of batteries and rechargeable batteries with household waste is prohibited.

We are required to take back used batteries and rechargeable batteries free of charge for disposal, whereby our take-back obligation is restricted to used batteries of the type that we carry or have carried as new batteries in our assortment. Used batteries of the above type can therefore be sent to us with sufficient postage (address as per provider identification).

Batteries requiring disposal are marked with the symbol of a crossed-out dustbin:

For batteries that contain more than 0.0005 percent by mass of mercury, more than 0.002 percent by mass of cadmium or more than 0.004 percent by mass of lead, the chemical abbreviation of the relevant pollutant is shown under the waste bin symbol – “Cd” means cadmium, “Pb” stands for lead and “Hg” for mercury.

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Status:  07.09.2017

Version: 5.0