Terms and Conditions

These Terms and Conditions apply to all contracts concluded between

Turbo-power UG, Ziegeleiweg 26, 25421 Pinneberg

 (hereinafter “Provider” or “we”) and our customers (hereinafter “Customer” or “you”) exclusively through the use of means of distance communication (e.g. via the Internet or by telephone) in our online store. For contracts that we conclude via the “eBay” trading platform or in our offline store (brick-and-mortar store), the terms and conditions included there shall apply.

§ 1 Scope, Definitions

(1) The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Any deviating terms and conditions and contractual 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 their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of Contract

(1) The Customer may select products from our product range, in particular spare parts and automotive accessories, and collect them in a so-called shopping cart via the (“button”) “Add to Cart” button. By clicking the “Place Order” button, the Customer submits a binding offer to purchase the goods contained in the shopping cart.

(2) Before submitting the order, the Customer may change and view the data entered by them at any time and correct any input errors. However, the Customer’s offer can only be submitted and transmitted if the Customer accepts these General Terms and Conditions as part of the ordering process and thereby incorporates them into their offer.

(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 using the “Print” function. The automatic confirmation of receipt merely documents that the Customer’s order has been received by the Provider and does not constitute acceptance of the offer.

The contract is only concluded upon submission of the declaration of acceptance by us, which is sent in a separate e-mail. The issuing of an invoice to the Customer for the goods ordered by the Customer in each case replaces the declaration of acceptance. The declaration of acceptance may also be replaced by us by fulfilling the order within 5 days of receipt of the order. If several of the aforementioned forms of acceptance exist, the contract is concluded upon the event occurring first. In any case, the Customer shall receive confirmation of the contract in text form in accordance with the statutory provisions.

If the Customer has not received a declaration of acceptance, invoice or notification of dispatch, or the goods within 5 days, they are no longer bound by their order. In this case, we shall immediately refund any payments already made by the Customer.

(4) The subject matter 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, descriptions and prices relate to the respective items offered, but not to any accessories or decorations that may also be shown.

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

(6) The contract language is German.

(7) Order processing and contact within the scope of contract handling shall generally take place by e-mail. The Customer must therefore ensure that the e-mail address provided by them for order processing is correct and that no settings or filters on the Customer’s side prevent receipt of contract-related e-mails.

(8) Insofar as a delivery time is stated in our offers, this delivery time and the information stated in each case for calculating the delivery time shall take precedence. If no delivery time or no differing delivery time is stated for the respective goods in our online store, it shall be 7 days. In the case of payment in advance, this delivery period begins on the day following the issuing of the payment order to the remitting credit institution, or in the case of other payment methods on the day following conclusion of the contract, and ends upon expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday officially recognized at the place of delivery, the next working day shall replace such a day.

§ 3 Retention of Title

The delivered goods shall remain our property until all claims arising from the contract have been fulfilled; in the event that the Customer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the exercise of their commercial or self-employed professional activity, this shall also apply beyond that in relation to the ongoing business relationship until settlement of all claims to which we are entitled therefrom.

§ 4 Prices and Shipping Costs

(1) Our prices include the applicable statutory VAT plus shipping costs.

(2) The corresponding shipping costs shall be stated to the Customer before conclusion of the contract and are to be borne by the Customer unless delivery free of shipping costs has been agreed.

§ 5 Payment

(1) The Customer may make payment using the payment methods provided for in the respective offer.

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

(3) The Customer must ensure sufficient funds in the account. In the event of returned direct debits caused by insufficient funds, the Customer is obliged to reimburse us for the damage thereby incurred.

(4) The Customer’s obligation to pay default interest does not exclude the assertion of further damages caused by default.

(5) The Customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

§ 6 Transfer of Risk

(1) Towards consumers, the risk of accidental loss and accidental deterioration of the purchased item passes to the Customer only upon delivery of the purchased item to the Customer in accordance with the law.

(2) Only if the Customer acts as an entrepreneur shall the following apply: Delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods passes to the Customer at the latest upon handover. In the case of sale involving shipment, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay already passes upon delivery of the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.

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

§ 7 Warranty for Material Defects, Guarantee

(1) Claims for defects concerning used items delivered by us shall become time-barred vis-à-vis consumers after one year from delivery to the Customer; vis-à-vis entrepreneurs, our liability for material defects in the purchase of used items is excluded. Vis-à-vis entrepreneurs, the limitation period for claims for defects for new items delivered by us is 1 year and the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects. In all other respects, we are liable for material defects in accordance with the statutory provisions applicable thereto, in particular Sections 434 et seq. BGB.

(2) Our liability pursuant to § 9 of these GTC, in particular with regard to claims for damages of the Customer arising from injury to life, body or health or from the breach of essential contractual obligations (see § 9 of these GTC), for damages under the Product Liability Act as well as for any guarantees assumed, shall remain unaffected by the restrictions of paragraph 1 above. Likewise unaffected shall remain the statutory limitation periods for the right of recourse under Section 478 BGB for entrepreneurs and our liability in the event of fraudulent concealment of a defect.

(3) Claims for defects by merchants require that they have complied with their statutory duties of inspection and notification of defects (Sections 377, 381 HGB).

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

(5) Any complaints and warranty claims may be submitted by you to the address stated in the provider identification.

§ 8 Advice, Installation and Use of the Items Offered by Us

(1) Unless otherwise agreed in individual cases, we do not owe any advice or support with regard to or for the installation of our parts. Customers are urgently advised in all cases to have the purchased item properly installed and duly maintained by sufficiently qualified personnel in a specialist workshop in accordance with the manufacturer’s instructions. After installation, a function and safety test must in all cases (insofar as possible in view of the nature of the part) be carried out by qualified personnel for all parts. Specifications for operating materials and lubricants as well as manufacturers’ operating, maintenance and care instructions must in all cases be observed. We shall not be liable for damage not attributable to us and also not caused by a defect of the purchased item or defective installation instructions due to improper installation and/or operation or improper care or maintenance. In this case, the Customer must reimburse us for the costs of examining and processing an incorrect notice of defect.

(2) Motorsport items without general operating approval may not be installed on a vehicle for use on public roads without a corresponding individual approval by a TÜV expert. We offer motorsport items exclusively for competition vehicles outside the scope of the StVZO. By consenting to our general terms and conditions (GTC), you confirm that you will not use these motorsport items for a vehicle participating in public road traffic without any individual approval of the complete conversion. We also recommend consulting a TÜV expert in advance for motorsport items with general operating approval.

(3) The installation of tuning parts, in particular larger or modified turbochargers, downpipes, injection components, charge air systems or engine components, changes the vehicle’s factory design. This can significantly increase thermal and mechanical stress.
The Customer is aware that when installing modified turbochargers or other performance-relevant components, a professional adjustment of the engine software is absolutely necessary. If no software tuning is carried out, or if it is insufficient, this may lead to serious damage to the engine, turbocharger, injection system or other vehicle components. The Provider assumes no liability for damage resulting from missing, faulty or incomplete software adjustments.

§ 9 Other Liability

(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages of the Customer arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract as well as those on whose compliance the Customer as contracting party may regularly rely. In the event of a breach of essential contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages of the Customer arising from injury to life, body or health.

(2) The limitations of paragraph 1 above also apply in favor of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them and also mutatis mutandis for claims for reimbursement of expenses.

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

§ 10 Right of Withdrawal

Consumers have a statutory right of withdrawal. You will receive separate information on withdrawal in text form in accordance with the statutory provisions. The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address are located outside the European Union at the time of conclusion of the contract. Chiptuning, digital content, software and parts accompanied by an expert report are excluded from withdrawal. 
Entrepreneurs do not have a statutory right of withdrawal vis-à-vis businesses. We reserve the right to accept a withdrawal of deliveries and services to entrepreneurs after consultation subject to a restocking fee of 15 percent of the previously paid net sales price.

§ 11 Contract Text

We do not store the contract text and it can no longer be retrieved after completion of the ordering process. The Customer can print these Terms and Conditions and the order data before submitting their order and shall receive a contract confirmation in accordance with the statutory provisions.

§ 12 Out-of-Court Dispute Resolution/Consumer Dispute Settlement

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

(2) We are generally neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Final Provisions

(1) The contract shall be governed by the law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law shall only apply insofar as the consumer is not thereby deprived of the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, or if the Customer has no general place of jurisdiction within the Federal Republic of 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) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. In place of the invalid provisions, where available, the statutory provisions shall apply. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid as a whole.

Notice pursuant to the Battery Act

In connection with the sale of batteries and rechargeable batteries, we as a retailer are obliged under the Battery Act to inform those who use batteries or products with built-in batteries and no longer resell them in the form delivered to them (end users) of the following:

You are legally obliged to return used batteries or rechargeable batteries. They may be returned to public collection points of the municipality or wherever they are sold. Disposal of batteries and rechargeable batteries in household waste is prohibited.

We are obliged to take back used batteries and rechargeable batteries free of charge for disposal, whereby our take-back obligation is limited to waste batteries of the type that we carry or have carried as new batteries in our range. You may therefore return waste batteries of the aforementioned type to us with sufficient postage (address see provider identification).

Batteries subject to disposal are marked with the symbol of a crossed-out wheeled bin:

For batteries containing more than 0.0005 mass percent mercury, more than 0.002 mass percent cadmium or more than 0.004 mass percent lead, the chemical designation of the respective hazardous substance is located below the wheeled bin symbol – where “Cd" stands for cadmium, "Pb" stands for lead and "Hg" stands for mercury.

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As of:  07.09.2017

Version: 5.0