General Terms and Conditions (GTC)

1. General

These General Terms and Conditions (hereinafter: GTC) govern the legal relationships between GÄN Tuning Büro GmbH, Torstr. 177, 10115 Berlin (hereinafter "GÄN Tuning") and the clients (hereinafter: "Customer"). With regard to the aforementioned business relationships, these GTC apply exclusively in their respective current version.

They apply in particular to all orders placed by a consumer or entrepreneur (hereinafter "Customer") via the website www.gantuning.de.

A consumer is, according to § 13 BGB, any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity; an entrepreneur is, according to § 14 BGB, a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2. Contracting Party

The purchase contract is concluded with
GÄN Tuning Büro GmbH
Torstr. 177
10115 Berlin

You can reach us for questions, complaints, and objections at the telephone number: +49 30 3187 98 28, via email: shop@gantuning.de, and by post at the aforementioned address.

3. Conclusion of Contract / Formation of the Contract

The presentation of the products in the online shop constitutes a legally binding offer. The customer accepts the seller's offer by submitting the order by clicking the "order with obligation to pay" button after going through the individual steps of the ordering process. After accepting the offer (conclusion of the purchase contract), the customer receives an email titled "order confirmation" with a summary of the purchase contract.

The ordering process proceeds as follows:

• 1. You select a car in the catalog on the website
• 2. You select the model of the tuning module, confirm the selection, and click "buy".
• 3. You enter all data: name, telephone number, email, and delivery address
• then to 4. or directly to 5.
• 4. You choose a payment method
• 5. Re-check or correction of the entered data
• 6. By clicking the "confirm GTC" button, you confirm that you have read the GTC, agree to their validity, and acknowledge them as part of the contract
• 7. Send the binding order by clicking the "order with obligation to pay" button. Before placing the binding order for the goods, the customer can return to the previously visited pages by pressing the "back" button in the browser they are using to correct input errors or cancel the ordering process by closing the browser
• 8. The order has been sent. You will shortly receive an automatically generated message "order confirmation" to the email address provided in the order.

3.2. Contract Language

The contract language is German.

3.3. Storage of the Contract Text

The contract text of the contract concluded between GÄN Tuning and the customer is stored by GÄN Tuning on its internal systems. The order data, the cancellation policy, and the GTC are sent to the customer by email. After completing the order, the contract text is no longer accessible via the internet for security reasons.

4. Prices and Shipping Costs

The prices stated on the product pages are in euros. The prices displayed in the shop at the time of the order by the customer apply. The prices stated are total prices and include the statutory value-added tax.

In addition to the stated prices, we charge shipping costs for delivery. The shipping costs can be viewed under Delivery and Shipping Costs. The regulations regarding the stated shipping costs on the "Shipping Costs" page become part of the contract. The amount of the shipping costs is displayed in the "shopping cart."

If delivery is made to non-EU countries, additional customs duties, taxes, or fees may be payable by the customer, but not to GÄN Tuning, but to the relevant customs or tax authorities there. The customer is advised to inquire about the details with the customs or tax authorities before placing the order.

5. Payment Methods and Conditions

We offer the following payment options:

PayPal Plus

• PayPal
• Direct debit (via PayPal)

Credit card

• Eurocard
• Mastercard
• Visa
• Maestro
• American Express
• JCB

Prepayment / Bank transfer

For payment by bank transfer:
Our bank details and the further necessary payment information will be communicated via shop@gantuning.de. For payment by credit card and PayPal
For payment by credit card or PayPal, the credit card will be charged immediately after the contract is concluded.

6. Delivery

Delivery is made by shipping to the address you provided as the delivery address. If the payment method "prepayment" is selected, the delivery period begins on the day after the payment order is issued to the transferring credit institution.

For payment by credit card or PayPal, the delivery period begins on the day after the contract is concluded. The delivery period is two to four working days.

7. Retention of Title

The goods remain the property of GÄN Tuning until full payment has been made. The customer is not permitted to dispose of the goods before the transfer of ownership.

8. Limitation of Liability and Disclaimer

Liability for material and financial damages caused by slight negligence on the part of GÄN Tuning, its legal representatives, and its vicarious agents is limited in amount to the foreseeable and typical damages at the time of conclusion of the contract in the event of a breach of an essential contractual obligation (essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely), and with regard to the breach of non-essential contractual obligations, liability for material and financial damages caused by slight negligence on the part of GÄN Tuning, its legal representatives, and its vicarious agents is excluded.

Otherwise, the statutory provisions apply.

9. Customer's Responsibility for Installation in Used Vehicles and Obligation to React in Case of Malfunctions

1. Disclaimer for increased wear: The buyer expressly declares that the installation and operation of the tuning module are at their own risk if the vehicle already shows increased wear – especially with a mileage of over 150,000 km, known engine damage, or neglected maintenance according to manufacturer specifications. The seller assumes no liability for damages resulting from the use of the module in vehicles with wear-related or neglected conditions. This particularly affects parts such as turbochargers, injection systems, DPF, EGR, cylinder head gaskets, or other components that are impaired by increased thermal or mechanical stress.

2. Customer's duty to ensure technical condition: The customer is obliged to ensure that the vehicle is in a technically flawless condition before installation and that maintenance has been carried out in accordance with the manufacturer's specifications. Obvious defects must be professionally rectified before using the module.

3. Obligation to react immediately to signs of malfunctions: If the customer notices signs of faulty engine function after installation (e.g., unusual smoke development, loss of power, warning lights, increased temperature levels, etc.), they must immediately take the tuning module out of operation, dismantle it immediately, and promptly inform the provider's technical support at 📧 support@gantuning.de. Continued use of the module despite recognizable malfunctions is entirely at the customer's own risk and leads to the exclusion of all warranty or liability claims against the seller.

10. Warranty

There are statutory warranty rights for the goods. These are governed by the statutory provisions. If a guarantee is granted that goes beyond the statutory warranty rights, the guarantee conditions are stated on the offer pages. These details become part of the contract. The statutory warranty rights are not restricted by any guarantees granted.

11. Loss of Warranties and Guarantee Claims against Vehicle Manufacturer and Seller

By installing an engine control unit, the customer loses warranty claims against the vehicle manufacturer regarding the engine. Furthermore, the installation of an engine control unit may affect possible warranty claims against the vehicle seller. GÄN Tuning assumes no liability for this.

12. General Operating Permit and Insurance Coverage

The installation of an engine control unit may lead to the expiration of the vehicle's general operating permit. The customer must arrange for the technical acceptance by an officially recognized testing facility in accordance with § 19 StVZO at their own responsibility and expense. GÄN Tuning does not carry out any compatibility checks. Suitability for acceptance by an officially recognized testing facility in accordance with § 19 StVZO is not agreed.

13. Right of Withdrawal

Consumers have a statutory right of withdrawal of fourteen days. The withdrawal instructions can be found separately. The customer bears the direct costs of returning the goods.

The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

14. Voluntary Return Right

We grant consumers, without prejudice to the statutory right of withdrawal, a voluntary 50-day return right. During the statutory withdrawal period, only the statutory rules apply, and the statutory right of withdrawal is not affected by the voluntary return right.

For the voluntary return right, the following applies:

You can return the goods to us within 50 days from the day you received the goods, by means of a courier service to the warehouse at the following address:

GÄN Tuning Büro GmbH
Torstr. 177
10115 Berlin

The date of dispatch is decisive for compliance with the deadline. You bear the direct costs of returning the goods.

If you return goods in accordance with this voluntary return right, we will refund the purchase price already paid by you, but not the shipping costs of your original purchase. Accordingly, you bear the transport risk and the return costs.

The voluntary return right applies to all undamaged, complete goods in their original condition that you have only tried out for inspection and return to us in the original packaging.

For the refund, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.

The voluntary return right granted by us contractually does not affect your statutory rights. These remain unrestricted and independent of the return right. In particular, the statutory warranty claims and your right of withdrawal remain unaffected.

15. Dispute Resolution

The European Commission provides a platform for online dispute resolution ("ODR") for disputes in online commerce. Consumers can use this platform for the out-of-court settlement of their disputes. The platform can be accessed at https://ec.europa.eu/odr.

GÄN Tuning does not participate in dispute resolution proceedings before a consumer arbitration board.

16. Data Protection

Information on the type and scope of the data collected and your rights can be found under the separate menu item "Data Protection" on this website.

17. Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the UN Sales Convention.

For consumers, this choice of law applies only to the extent that mandatory provisions of the state in which the customer has his habitual residence do not conflict with it. This choice of law also does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

If the customer is a merchant, the place of performance is the registered office of GÄN Tuning Büro GmbH.

If the customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, or moves his place of residence abroad after conclusion of the contract, or his place of residence is unknown at the time the action is brought, the place of jurisdiction is the registered office of GÄN Tuning Büro GmbH.

If you wish to withdraw from the contract, please fill out this form and send it back to:

GAN Tuning Buro GmbH
Torstr. 177
10115 Berlin

Telephone: +49 30 3187 98 28

Email: support@gantuning.de

As of: Nov 2018