General commercial provisions (GCP)GÄN Tuning Büro GmbH
1. General Provisions
The current general commercial provisions (hereinafter referred to as GCP) regulate the legal relations between the GÄN Tuning Büro GmbH company, Torstr. 177, 10115 Berlin (hereinafter «GÄN Tuning») and the contracting authority (hereinafter referred to as the “Customer”). The GCP data is valid only in its current version or the aforementioned business relationships.
The GCP are applied primarily for customer (hereinafter «Customer») orders placed on the Internet at www.gantuning.com
According to clause 13 of the Civil Code of the Federal Republic of Germany, a consumer is any individual concluding a legal transaction for non-commercial purposes, as well as for purposes that do not constitute his main professional activity. According to paragraph 14 of the German Civil Code, an entrepreneur is any private or legal person or a competent association making legal transactions within the framework of implementing its commercial or independent professional activities.
2. Contractual counterparty
The current sales contract is concluded with
GÄN Tuning Büro GmbH
Please submit your questions, complaints and claims to +49 30 3187 98 28, to email [email protected] or to the above mentioned postal address.
3. Conclusion of an agreement
Online product offer entails legal obligations. Sending an order by clicking “order with the obligation to pay”, the Customer accepts the seller’s offer after step by step. completing the order. After the offer has been accepted (that is, the sales contract has been concluded) he customer receives an e-mail labeled as “order receipt confirmation” with a brief description of the sales contract provisions.
The order process is as follows:
- 1. You select a car in the web catalog.
- 2. You select the tuning module model, confirm your choice and click the «buy» button.
- 3. You enter your data: your name, phone number, email. mail and delivery address, and then go to point 4 or immediately to point 5.
- 4. Then you enter a payment method.
- 5. You check or correct the entered data.
- 6. By clicking the «Confirm GCP» button, you confirm that you have read and agree with the GCP and consider them an integral part of the contract.
- 7. The obligatory order is sent after the Customer clicks «Order with an obligation to pay». Before making the obligatory order, the Customer may click the «back» button in the browser and return to the previous pages to correct errors made during data entry or terminate the order contract by closing the browser.
- 8. The order has been made. Soon you will receive an automatically generated email concerning the «Order receipt confirmation» to the email address entered during the ordering process.
3.2. Language of the contract
The contract is made in German.
3.3. Contract text storage
The text of the contract between GÄN Tuning and the Customer is stored in the internal GÄN Tuning system. Order data, cancellation right explanation and the GCP will be sent to the Customer by email. After the order has been completed the text of the contract will be removed from the Internet for security reasons.
4. Price and shipping charges
Prices on the product description page are in euros. The prices are valid at the time of ordering the product by the Customer in the online store. The prices include VAT
In addition to the prices indicated, a delivery fee is charged. The shipping costs are listed in the «Shipping costs» section. The stated shipping costs are an integral part of the contract. The shipping costs amount is displayed in the Shopping Cart.
If the product is to be delivered outside the EU, the further custom costs, taxes or fees are borne by the Customer. We recommend to inquire information on the goods clearance at customs and tax authorities.
5. Method and terms of payment
The following payment methods are available:
- - PayPal
- - payment advice note (via PayPal)
- - Eurocard
- - Mastercard
- - Visa
Advance payment / Money transfer
Our bank details and other relevant data for the payment will be sent by e-mail.
If you pay by credit card or PayPal, the contract amount will be charged immediately after the conclusion of the contract.
The product will be delivered to the postal address specified by the Customer as the delivery address. If the Customer pays in advance, the delivery time starts from the day the payment order is sent to the reference bank.
If the Customer pays by credit card or PayPal, the delivery time begins the day after the contract has been signed. Delivery time is between two and four business days.
7. Title retention clause
GÄN Tuning retains title to the goods until full payment by the Customer. The customer is not entitled to own the goods until the transfer of ownership has been made.
8. Liability limitations and indemnity
Liability for property damage and material losses caused by negligent violation of official duties by the legal representatives of GÄN Tuning is limited to the damages assumed at the time of the contract conclusion and typical contractual losses (substantial contractual obligations stipulated in the contract and on which the client can rely). GÄN Tuning, its legal representatives and alternates will not be liable for minor contract violations
Legislation regulations are applied to other liability cases.
The warranty for the goods is provided by law. This right is based on legal provisions. If a provided warrantee exceeds the warranty obligations established by law, such warrantee conditions are indicated in the offer. This data is an integral part of the contract. Legal warranty rights are determined by the guarantees provided.
10. Loss of warranty and warranty claim rights to vehicle manufacturers and sellers
By installing the engine control unit, the customer is no longer entitled to make warranty claims against the vehicle engine manufacturer. In addition, engine control unit installation may affect possible warranty claims against the vehicle supplier. GÄN Tuninig is not responsible for this.
11. Operation permit and vehicle insurance
Engine control unit installation may invalidate the general operation permit for the vehicle. The customer will be obliged to undergo a technical inspection at his own expense in an official i.S.d. test center. § 19 STVZO. GÄN Tuninig does not perform compatibility checks. Vehicle acceptance is not coordinated in advance with an official i.D.d. test center. § 19 STVZO.
12. Right of withdrawal
The consumer has the right to return the goods within 14 days. Return policy is specified separately. The customer bears the costs for returning the goods.
The right of withdrawal does not apply to consumers who at the time of the contract conclusion are not EU citizens and whose sole residence and delivery address at the time of the contract conclusion are outside the European Union.
13. Right to voluntary return
We provide the consumers with a voluntary 50-day right to return the goods. During the refund period, only the legal rules are applied, the voluntary right of return does not affect the legal right of return.
The following applies to voluntary return eligibility:
You can deliver the goods to the warehouse within 50 days from the date of receipt by courier at the following address:
Acut fulfillment GmbH
Lager GÄN Tuning GmbH
Nunsdorfer Ring 20
The shipping date is the return deadline. The customer bears the direct costs of returning the goods.
If the product is returned in accordance with the current voluntary return policy, we will refund the price you have already paid minus the delivery cost of your original purchase. Accordingly, you bear transportation risks and the cost of returning the goods.
The right of voluntary return applies to all intact, fully stocked goods in their original condition, in original packaging.
The amount paid will be returned to the same form of payment that the Customer used in the original transaction, unless agreed otherwise.
The right of voluntary refund does not affect your statutory rights. The statutory rights remain unlimited and do not depend on the right of return. In particular, legal warranty obligations and your right to withdraw remain unchanged.
14. Dispute resolution proceduret
The European Commission provides an online platform for disputes resolution («OS») in online trading. Consumers can resolve their disputes out of court within the platform’s framework. The platform is available at https://ec.europa.eu/odr.
GÄN Tuning does not participate in the dispute resolution procedure through the Consumer Protection Authority.
15. Information security
16. Governing Law
The laws of the Federal Republic of Germany apply to all legal relations between the parties, with the exception of the United Nations Sales Convention.
For consumers, this law applies only to the extent in which it contradicts non-binding regulations of the customer residence country. The choice of governing law also does not apply to the legal right of withdraw for consumers who at the time of the contract conclusion were not EU residents and whose sole residence and delivery address at the time of contract conclusion were outside the European Union.
If the Customer is an entrepreneur, the place of performance is the GÄN Tuning Büro GmbH registered office.
If the Customer is an entrepreneur and constitutes a legal entity in accordance with public law or a special fund according to the public law or has no common place of jurisdiction in Germany, has moved abroad after the contract conclusion or if his place of residence is unknown at the time of the complaint, the place of jurisdiction shall be the GÄN Tuning office.
For contract termination please fill in this form and send it to:
GÄN Tuning Büro GmbH
Telefon: +49 30 3187 98 28
E-Mail: [email protected]
Stand: Nov 2018