Terms of service

1. Scope, Provider, Definitions

  1. These General Terms and Conditions (“GTC”) apply to all orders for goods and services placed through the online store “FLAWLESS Shop by FLAWLESS Industries”.

  2. The provider is:
    FLAWLESS Industries UG (limited liability), Pilatusring 20, 91353 Hausen, Germany
    Email: de.support.shop@flawless-industries.de,  Phone: +49 9191 351956

  3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity (§ 13 BGB). A business operator is a natural or legal person or a partnership with legal capacity that, at the time of concluding the contract, is acting in the exercise of its commercial or self-employed professional activity (Section 14 BGB).

  4. Any deviating terms and conditions of the customer shall only apply if we have expressly agreed to them in writing.

2. Conclusion of the Contract

  1. The presentation of products/services in the shop does not constitute a legally binding offer, but rather an invitation to place an order.

  2. By clicking the button “Place order with obligation to pay”, you are submitting a binding offer to conclude a contract.

  3. The contract is concluded when we accept your order, either by order confirmation via email or by shipping the goods or commencing/confirming the provision of services.

3. Services and Special Obligations to Cooperate in the Provision of Services

  1. In particular, we offer: electronics/hardware products, accessories, merchandise, software products, and services (e.g., ECU service, remote services, coding, software optimizations).

  2. For services involving vehicle parts/control units, the customer must provide the necessary information and components (e.g., control unit, vehicle data, fault descriptions) completely and accurately. Delays and additional costs resulting from a lack of or incorrect cooperation shall not be borne by us.

  3. Software optimizations/programming are customized services. We are obligated to provide the service in a professional manner, not to guarantee a specific technical or economic outcome, unless expressly warranted in writing as a quality characteristic.

4. Prices, Shipping Costs, Payment

  1. All prices include applicable sales tax (where applicable) plus shipping costs. Shipping costs are displayed at checkout.

  2. The prices valid at the time of the order apply.

  3. Accepted payment methods are displayed at checkout. We reserve the right not to offer certain payment methods in individual cases.

5. Delivery, Availability, Delivery Area

  1. Delivery is made to the delivery address specified by the customer in the countries/regions offered in the shop.

    2. Delivery times are non-binding estimates unless a binding date has been expressly agreed upon.

  2. If an ordered item is unavailable, we will inform the customer immediately; statutory rights remain unaffected.

6. Shipping Risk and Transport Damage

  1. For consumers, the following applies: The risk of accidental loss and accidental deterioration of the goods is not transferred to the consumer until the goods are handed over to the consumer.

  2. Obvious transport damage should be reported to the delivery service as soon as possible and reported to us. Failure to report such damage has no effect on statutory warranty rights.

7. Right of Withdrawal

For consumers, the Withdrawal Policy applies, which is available separately in the shop.
For services (in particular software optimizations), the right of withdrawal may expire early if the customer expressly requests that we begin performance before the end of the withdrawal period and confirms this.

8. Warranty / Rights in Case of Defects

  1. For consumers, the statutory rights regarding defects apply.

  2. For business customers: The warranty period is one year from delivery of the goods. Excluded from this are claims for damages resulting from injury to life, limb, or health, as well as claims arising from intent or gross negligence and under the Product Liability Act.

  3. For used goods, the warranty period for consumers may be reduced to one year, provided this is expressly stated for the respective product.

9. Liability

  1. We assume unlimited liability in cases of intent and gross negligence, as well as in cases of injury to life, limb, or health.

  2. In cases of simple negligence, we are liable only for breaches of material contractual obligations (cardinal obligations) and limited to foreseeable damage typical for this type of contract./p
  3. Liability under the Product Liability Act remains unaffected./p /li /ol
    10. Retention of Title

    The goods remain our property until full payment has been made.

    11. Information on Vehicle/Motorsports Products (StVZO)

    Unless expressly indicated otherwise, products/services may be intended for use in motorsports or on racetracks and may not be permitted for use on public roads. The information on the respective product pages and our supplementary terms and conditions (e.g., “Additional Terms and Conditions for Software Optimizations”) apply.

    12. Final Provisions

    1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this applies only to the extent that it does not deprive them of mandatory consumer protection provisions of the country in which the consumer has their habitual residence.

    2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is our registered office.

    3. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.