General Terms and Conditions
Find information on our General Terms and Conditions here. If you have any questions, please do not hesitate to contact us.
General Terms and Conditions of Mayk Biletti, Inh. Mayk Biletti
The following terms and conditions apply exclusively to all current and future business relationships between Mayk Biletti (seller) and the contractual partner (buyer). These shall become an integral part of the contract. Deviating, conflicting or supplementary general terms and conditions of business of companies shall only become effective if their validity is expressly agreed to in writing.
- Offer and Conclusion of Contract
The Seller shall submit a binding offer to the Buyer in person or in writing after the Buyer has communicated the information essential for the tuning measure to be carried out. The Buyer shall be entitled to accept this offer within a period of 2 weeks after receipt by the Buyer by submitting a declaration of acceptance. If the acceptance period expires without receipt, the Seller shall no longer be bound by its offer.
- Scope of Services
The subject matter of the contract is a programmed data set or another electronic measure for motor vehicles as well as the corresponding installation and the tuning with the engine of the respective vehicle. The delivery of the data set or other electronic measure shall be made in accordance with the latest state of the art without any assurance of perfect functioning in the vehicle described by the Buyer.
- Delivery date
All information on performance times is non-binding unless a fixed date has been agreed. If an agreed performance date is exceeded by more than 2 weeks, the Buyer may set a grace period of 2 weeks in writing and withdraw from the contract after its expiry.
- Prices, Terms of Payment
The prices stated are gross prices including statutory VAT. Invoices are due for payment within 10 days after receipt of the invoice. The buyer is not entitled to deduct a discount unless this has been agreed separately. If the buyer defaults on payment, the seller shall be entitled to make all claims due and payable and to charge interest at a rate of 5 % above the base rate.
The warranty period shall be 2 years. In the case of the sale of used goods, the warranty period is 1 year. The seller shall provide the same warranty for replacement and/or repair as for the delivery item. In the event of failure or repair or replacement, the buyer shall be entitled to demand a reduction in price or cancellation of the contract. The above provisions shall also apply to such claims of the buyer for rectification, replacement delivery or damages which have arisen as a result of suggestions or advice given within the framework of the contract or as a result of a breach of ancillary contractual obligations. The warranty obligation does not exist or expires if the delivery item is modified or processed by third parties or if the installation of the delivery item is carried out outside an authorised specialist workshop. With the exception of injury to life, body and health, claims for damages are limited to intent or gross negligence. Expenses incurred by the buyer in the course of rectification shall not be reimbursed.
- Liability for consequential damages
The buyer is expressly advised and acknowledges that the use of the delivery item will lead to a change in the performance data of the vehicle. The buyer is informed and has been expressly advised that the engine and, if applicable, also other vehicle units and vehicle parts are exposed to higher stresses and loads and that this may – due to physical reasons – lead to higher wear and tear on the vehicle at an early stage. In particular, overstressing and continuous performance, as well as the increase in top speed of the vehicle achieved by tuning, can have an effect on the service life of the engine and its aggregates. The respective tyre speed index must also be observed. The seller accepts no liability or warranty for this. The buyer was expressly informed that the installation of tuning products can lead to the loss of the guarantee or warranty obligation of the vehicle manufacturer or vehicle seller. Furthermore, the operating licence of the vehicle expires. The buyer is obligated to present the vehicle to the Technical Inspection Agency for acceptance – insofar as the parts do not have an ABE. This is not part of the seller’s scope of delivery. The seller also assumes no warranty for the granting of the operating permit. Any claims against the seller due to non-approval are excluded. The performance enhancement of motor vehicles may also require a change in the motor vehicle liability insurance/hull insurance. The buyer himself is obliged to ensure compliance with the insurance cover.
- Data protection
The buyer’s data will be stored and processed by the seller in compliance with the relevant provisions of the Federal Data Protection Act (BGSG) and the Telemedia Act (TMG). The personal data will only be collected for specified, clear and lawful purposes and will not be kept longer than necessary in a personalised manner. The buyer has the right to free information, correction, blocking and, if necessary, deletion of the stored data at any time. The seller undertakes not to pass on personal data including house address and e-mail address to third parties. Excluded from this are service partners of the seller who require the transmission of data for order processing. In these cases, however, the scope of the transmitted data shall be limited to the minimum required.
- Applicable law, place of performance, place of jurisdiction
The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. Place of performance and place of payment is 2443 Leithaprodersdorf. If the buyer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Heilbronn District Court.
- Severability clause
If any of these provisions is or becomes invalid in whole or in part, the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner.