Conditions of Use
Terms of Service
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
These terms and conditions also apply to future business relationships with entrepreneurs, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Optimum Maps GmbH.
The online shop Tuningtheke.de is a non-binding online catalogue. The presentation of the products does not constitute a legally binding offer. By placing the products in the online shop, we are making a non-binding offer to conclude a contract for these items. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button and we have confirmed the availability of the goods. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our terms and conditions by email. For security reasons, the text of the contract is no longer accessible via the Internet.
4. Terms of Delivery
Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
The following payment methods are generally available in our shop:
Payment in advance
If you select the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the PayPal payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and authenticate yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.
If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after the payment order has been confirmed and after your legitimation as the legitimate cardholder, and your card will be debited. You'll get more information during the ordering process.
If you have chosen the direct debit payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called pre-notification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You'll get more information during the ordering process.
If you have chosen the invoice payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay to PayPal with a debt-discharging effect. In addition to our terms and conditions, PayPal's terms and conditions and data protection declaration apply to payment processing via PayPal. Further information and the complete terms and conditions of PayPal for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
In the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to be able to complete the ordering process and pay the invoice amount via Amazon, you must be registered there or first register and authenticate yourself with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected to our online shop, where you can complete the ordering process.
Immediately after placing the order, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You'll get more information during the ordering process.
hire purchase by easyCredit
The following supplementary general terms and conditions (hereinafter T&C) apply between you and the retailer for all contracts concluded with the retailer in which the installment purchase by easyCredit (hereinafter installment purchase) is used A purchase in installments is only possible for customers who are consumers according to § 13 BGB and have reached the age of 18.
b. hire purchase
For your purchase, the retailer, with the support of TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter TeamBank AG), will provide you with installment purchases as an additional payment option. The retailer reserves the right to check your creditworthiness. For more details, please refer to the installment purchase data protection notice in the ordering process. If it is not possible to use the installment purchase due to insufficient creditworthiness or the retailer has reached the sales limit, the retailer reserves the right to offer you an alternative billing option. The contract for an installment purchase is concluded between you and the retailer. With the installment purchase, you decide to pay off the purchase price in monthly installments. Monthly installments are to be paid over a fixed term, with the final installment possibly deviating from the previous installment amounts. We reserve ownership of the goods until they have been paid in full assigned to TeamBank AG. Payments with debt-discharging effect can only be made to TeamBank AG.
c. Payment by installments via SEPA direct debit
With the SEPA direct debit mandate issued with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the ordering process at the bank specified there by means of a SEPA direct debit. TeamBank AG will send you the collection by e -Mail at least one calendar day before the SEPA direct debit is due (pre-notification/advance notice). The collection will take place at the earliest on the date specified in the advance notice. A later, prompt collection can take place. If the purchase price amount is reduced between the pre-notification and the due date (e.g. through credits), the amount debited may differ from the amount stated in the pre-notification. It is your responsibility to ensure that your checking account has sufficient funds by the due date. Your bank is not obliged to honor the direct debit if the current account does not have sufficient funds. If the current account does not have sufficient funds, because of an unjustified objection by the account holder or because the current account has expired, a return direct debit occurs, you can proceed without a separate reminder Default, unless the returned direct debit is the result of a circumstance for which you are not responsible. The fees charged by your bank of TeamBank AG in the event of a returned direct debit will be passed on to you and must be paid by you. If you are in default, TeamBank AG is entitled to charge an appropriate reminder fee or default interest of five percentage points above the respective base interest rate of the European Central Bank for each reminder. Due to the high costs associated with a returned direct debit, we ask you in the event of a withdrawal from the purchase contract, a return or a complaint not to object to the SEPA direct debit. In these cases, the payment will be reversed in coordination with the retailer by transferring back the corresponding amount or by crediting it.
6. Retention of Title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Damage in transit
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our discretion, by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty or fraudulent intent
in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed
as far as the area of application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health,
in the event of intentional or grossly negligent breach of duty,
in the case of a promise of guarantee, if agreed, or
as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected. For the rest, claims for damages are excluded.
10. Code of Conduct
We have submitted to the following codes of conduct:
Trusted Shops quality criteria
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12. Final Provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.