GENERAL TERMS AND CONDITIONS OF FLAWLESS Shop by FLAWLESS Industries
1 Scope of application and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products and services by FLAWLESS Industries UG (haftungsbeschränkt) (hereinafter referred to as the provider) to you, in the version valid at the time of the order.
(2) Any deviating terms and conditions of the customer shall be rejected.
(3) Please read these terms and conditions carefully before placing an order with FLAWLESS Industries UG (haftungsbeschränkt). By placing an order with FLAWLESS Industries UG (haftungsbeschränkt), you agree to the application of these terms and conditions to your order.
(4) We offer the following products for sale in the FLAWLESS Shop by FLAWLESS Industries:
– Electronic components
– Hardware solutions
– Merchandise
– Software products and software solutions
– Accessories for motor vehicles, among other things
(5) We offer you the following services at FLAWLESS Shop by FLAWLESS Industries:
– General coding and IT services
– Repair of control units
– Remote software solutions
– Software optimization / software services
2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with a billing and delivery address in:
in Europe and in Germany.
For individual bulky goods, the possible delivery addresses and the delivery location may be restricted; the restriction is shown in the respective list price.
(3) The customer must be 18 years of age or older.
(4) The presentation of the goods in the online store does not constitute a legally effective offer. By presenting the goods, the customer is merely invited to make an offer.
(5) Your order represents an offer to FLAWLESS Shop by FLAWLESS Industries to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicks the button “order with obligation to pay” in the last step of the order.
(6) The purchase agreement between the provider and the customer is only concluded upon the provider’s declaration of acceptance. This occurs at the earlier of the two dates, either sending the goods or sending a shipping confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than household quantities and the commercial resale of the purchased item requires the express confirmation of the provider. This applies both to the number of products ordered in the context of an order and to the placement of multiple orders for the same product, where the individual orders comprise a household quantity.
(8) We store your orders after the contract has been concluded. If you lose the documents for your orders, please contact us by email or telephone. We will send you a copy of the order data.
(9) Registration is required to access and use the FLAWLESS Shop by FLAWLESS Industries service.
(10) By registering, the customer accepts these terms and conditions. Upon registration, a contractual relationship arises between FLAWLESS Shop by FLAWLESS Industries and the registered customer, which is governed by the provisions of these terms and conditions.
(11) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is merely invited to make an offer.
(12) By ordering a chargeable service, the registered customer enters into a further contractual relationship with FLAWLESS Shop by FLAWLESS Industries, separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before concluding this contractual relationship. The contractual relationship comes into being when the customer confirms the order and payment obligation by clicking the “Buy now” button.
3. Description of the scope of services
The scope of services provided by FLAWLESS Shop by FLAWLESS Industries consists of the following services:
– General coding and IT services
– Repair of control units
– Remote software solutions
– Software optimization / software services
– Distribution
4. Prices and shipping costs
(1) Our prices include the respective statutory VAT and are exclusive of shipping costs or shipping surcharges. Shipping costs vary depending on the type of delivery and the nature of the item.
(2) Despite our best efforts, a small number of products in our catalog may be priced incorrectly. We check prices when we process your order and before charging you. If a product is listed at an incorrect price and the correct price is higher than the price stated on the website, we will contact you before shipping the goods to ask you whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price stated by us, we will charge the lower amount and send you the product.
(3) The prices at the time of the order shall apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
(4) In order to use the FLAWLESS Shop by FLAWLESS Industries, registration is first necessary.
(5) If the user wishes to use a chargeable service, he will be informed of the chargeable nature of the service beforehand. In particular, the respective additional scope of services, the costs incurred and the method of payment will be listed.
(6) The provider reserves the right to charge different fees for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
5 Delivery and Cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address provided by the customer. You can find information on the availability of products sold by FLAWLESS Shop by FLAWLESS Industries on the website (e.g. on the respective product detail page). Please note that all information regarding the availability, dispatch or delivery of a product is only estimated information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product.
(2) If FLAWLESS Shop by FLAWLESS Industries determines during the processing of your order that the products you have ordered are not available, you will be informed of this separately by email or by a message in your customer account. The statutory rights of the customer remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer’s front door, front door or staircase or because the customer is not found at the delivery address provided by him, although the delivery time was announced to the customer with a reasonable period of notice, the customer shall bear the costs of the unsuccessful delivery.
(4) Delivery is made depending on the customer’s method of payment. In the case of advance payment, delivery is made after the payment order has been issued to the transferring bank. If you pay by PayPal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery will be made after the contract has been concluded.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is FLAWLESS Industries UG (limited liability). Notwithstanding your right of withdrawal, you can cancel your order for a product at any time free of charge before the corresponding shipping confirmation is sent.
The invoice amount is due upon receipt of the invoice. FLAWLESS Industries UG (haftungsbeschränkt) reserves the right not to offer certain payment methods in individual cases.
When paying by invoice, a one-time fee of €0 (zero euros) including the applicable VAT will be charged per delivery for the complete delivery, plus any shipping costs that may arise. The customer will always be informed separately before the contract is concluded as to whether this fee will be charged.
If the invoice amount is not paid by the due date for reasons for which the customer is responsible, FLAWLESS Industries UG (limited liability) will charge a flat-rate compensation fee of €0 (zero euros). The customer can prove that no damage has occurred at all or that it is significantly lower than the flat rate.
In the case of payment on account and in other cases where there is justifiable cause, FLAWLESS Shop by FLAWLESS Industries will check and evaluate the customer’s data.
Advance payment
(3) Certain payment methods may be excluded by the provider in individual cases.
(4) The customer is not permitted to pay for the goods or services by sending cash or checks.
(5) If the customer chooses an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.
(6) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider’s account within five calendar days of receipt of the order. The provider reserves the goods for five calendar days accordingly.
(7) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due.
(8) If the provider offers payment by direct debit and the customer chooses this payment method, the customer grants the provider a SEPA core direct debit mandate. If a payment transaction is reversed due to insufficient funds or incorrectly transmitted bank details when paying by direct debit, the customer shall bear the costs.
(9) If the provider offers payment in advance and the customer chooses this payment method, the customer is obliged to pay the invoice amount within 14 days of the goods being shipped, without any deduction of discount.
(10) If the customer is late in making payment, the provider reserves the right to claim compensation for the delay.
7 Registration and Termination
(1) Furthermore, the customer declares that he and, to the best of his knowledge, no member of his household has not been convicted of an intentional crime endangering the safety of third parties, in particular not for a crime against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (Section 223 ff. StGB), a criminal offense against personal liberty (Sections 232 ff. StGB), or for theft and embezzlement (Sections 242 ff. StGB) or robbery and extortion (Sections 249 ff. StGB) or for drug abuse.
(2) A user is, subject to reservation, entitled to cancel their registration at any time without stating a reason, in writing by post, email or telephone. At the same time, it is possible to completely and personally deactivate the user account within the data and settings. The previously concluded contractual relationship is thereby terminated.
(3) If a user has registered for a paid service, they can cancel at the latest 7 days before the booking period. If this deadline is not met, the chargeable service will be extended by this and the cancellation will only take effect at the end of the following booking period, depending on the selected booking time. Cancellation is possible by phone, email or letter and will be confirmed by us in writing. In order for your cancellation to be processed, the customer’s full name, the email address provided and the postal address should be provided. In the case of a cancellation by telephone, the individual telephone password is required.
(4) FLAWLESS Shop by FLAWLESS Industries may terminate the contract at its own discretion, with or without prior notice and without stating reasons, at any time. FLAWLESS Shop by FLAWLESS Industries also reserves the right to remove profiles and/or any content published on the website by or about the user. If FLAWLESS Shop by FLAWLESS Industries terminates the user’s registration and/or removes the user’s profiles or published content, FLAWLESS Shop by FLAWLESS Industries is under no obligation to inform the user of this or the reason for the termination or removal.
(5) Following any termination of any individual use of the services of FLAWLESS Shop by FLAWLESS Industries, FLAWLESS Shop by FLAWLESS Industries reserves the right to send information about this to other registered users with whom FLAWLESS Shop by FLAWLESS Industries assumes that they were in contact with the user. FLAWLESS Shop by FLAWLESS Industries’s decision to terminate the registration of the user and / or to notify other users that FLAWLESS Shop by FLAWLESS Industries assumes that the user was in contact does not imply or suggest that FLAWLESS Shop by FLAWLESS Industries makes statements about the individual character, general reputation, personal characteristics or lifestyle.
(6) Users are obliged not to make any intentional or fraudulent misrepresentations in their profile or other areas of the portal. Such information may result in civil action. In addition, the operator reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(7) If a user’s access is blocked and/or the contractual relationship is dissolved due to a culpable breach of contract, the user shall pay compensation for the remaining contractual term in the amount of the agreed fee minus the saved expenses. The amount of saved expenses is set at a flat rate of 10% of the fee. Both parties to the contract are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.
(8) After termination of the contractual relationship, all user data will be deleted by FLAWLESS Shop by FLAWLESS Industries.
FLAWLESS Shop by FLAWLESS Industries cannot be held responsible for this and hereby expressly objects to any liability claims whatsoever, including claims, services, direct or indirect damages of any kind, whether or not known, suspected or unsuspected, disclosed or undisclosed, in connection with the aforementioned matters.
(3) FLAWLESS Industries UG (haftungsbeschränkt) shall only be liable for damages arising from injury to life, limb or health if they are based on an intentional or negligent breach of duty by FLAWLESS Industries UG (haftungsbeschränkt) or an intentional or negligent breach of duty by a legal representative or vicarious agent of FLAWLESS Industries UG (haftungsbeschränkt).
(4) For other damages, insofar as they are not based on the violation of cardinal obligations (such obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), FLAWLESS Industries UG (haftungsbeschränkt) is only liable if they are based on an intentional or grossly negligent breach of duty by FLAWLESS Industries UG (haftungsbeschränkt) or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of FLAWLESS Industries UG (haftungsbeschränkt).
(5) The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they shall not exceed 5% of the order value.
(6) Claims for damages based on injury to life, limb, health or freedom shall become time-barred after 30 years; otherwise after 1 year, whereby the limitation period shall be the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or would have become aware of them had it not been for gross negligence (Section 199 (1) BGB).
(7) The provider reserves the right to check the content of a text written by a user and uploaded files for compliance with the law and, if necessary, to delete them in whole or in part.
9 Offsetting and right of retention
(1) The customer is only entitled to offset if the customer’s counterclaim has been legally established or has not been disputed by the provider.
(2) The customer can only exercise a right of retention if their counterclaim is based on the same contractual relationship.
10 Retention of title
FLAWLESS Industries UG (limited liability) retains ownership of the goods until full payment has been received.
11 Transport damage
(1) If the customer receives the goods with obvious transport damage, the provider requests that they complain about this as soon as possible.
(2) Should the customer fail to make the complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is for the provider to be able to assert his own claims against the carrier.
12 Right of defect
Important information – No refund policy for software optimization / FLAWLESS Performance Flash
The customer pays for the programming work that we – FLAWLESS Industries UG – do, not for the result of this work. Any work we do or spend time on must be remunerated. For this reason, no refunds are possible for software optimizations, neither in full nor in part.
In our online store, we offer products that are partly not physically tangible and irrevocable, which also means that no refund is possible after the product has been purchased.
Please make sure that you have carefully read and understood our guidelines before placing any order.
Due to our refund policy (see above), you waive any refund claims through PayPal Buyer Protection.
FLAWLESS Industries UG (haftungsbeschränkt) expressly points out that tuning – regardless of whether it is software or hardware modifications – can or is a development process. Since it cannot be ruled out that, for example, the manufacturer itself may receive patches or updates for control units via telematics, or that the customer may have carried out further modifications that do not correspond to the series, further adjustments may be necessary after a software optimization or modification that only occur or become noticeable at the customer’s premises. These may require a return visit or a renewed condition of the control unit. FLAWLESS Industries UG (haftungsbeschränkt) is expressly not liable for vehicle failures or similar that occur as a result or for costs incurred without consultation with FLAWLESS Industries, such as dealer visits as part of a fault diagnosis or shipping costs.
(1) If the customer is a consumer, the warranty and liability for defects of the delivered purchased item are based on the statutory provisions: Accordingly, in addition to their 30-day return guarantee, customers in the European Union have a two-year warranty period from the date of delivery of the goods and can request the repair or replacement of products purchased from FLAWLESS Shop by FLAWLESS Industries if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a price reduction.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect will be remedied by a new delivery or new performance.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted for compensation for damage to body or health or for intent or gross negligence.
(3) The provider is liable for violations of essential contractual obligations that are based on contractually typical, foreseeable damages, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as the liability of FLAWLESS Shop by FLAWLESS Industries is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
14 Cancellation policy
Important information – No refund policy for software optimizations / FLAWLESS Performance Flash
The customer pays for the programming work that we – FLAWLESS Industries UG – do, not for the result of this work. Any work we do or time we spend must be remunerated. For this reason, no refunds are possible for software optimizations, either in full or in part.
Our online store sometimes offers physically intangible and irrevocable products, which also means that no refund is possible after the product has been purchased.
Please make sure that you have carefully read and understood our guidelines before placing an order.
Due to our refund policy (see above), you waive any right to a refund through PayPal Buyer Protection.
FLAWLESS Industries UG (haftungsbeschränkt) expressly points out that tuning – regardless of whether it is software or hardware modifications – can or is a development process. Since it cannot be ruled out that, for example, the manufacturer itself may receive patches or updates via telematics for control units, or that the customer may have carried out further modifications that do not correspond to the series, further adjustments may be necessary after a software optimization or modification that only occur or become noticeable at the customer’s premises. These may require a return visit or a renewed condition of the control unit. FLAWLESS Industries UG (haftungsbeschränkt) is expressly not liable for vehicle failures or similar that occur as a result or for costs incurred without consultation with FLAWLESS Industries, such as dealer visits as part of a fault diagnosis or shipping costs.
(1) If the customer is a consumer, they have a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within seven days without giving any reason.
The withdrawal period will expire after seven days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods (or the last good, or the lot, in case of an agreement on several goods forming one single order, or the delivery of a good in several lots or pieces).
The revocation period for services is seven days from the date of the conclusion of the contract.
To exercise your right of withdrawal, you must notify us at:
FLAWLESS Industries UG (haftungsbeschränkt)
Pilatusring 20
91353 Hausen
Telephone: +49 9191 351956
Email: en.support.shop@flawless-industries.de
of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the sample withdrawal form on our website or send us another clear declaration. If you make use of this option, we will send you confirmation of receipt of such a withdrawal without delay (e.g. by email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(3) Consequences of revocation
If you revoke this Agreement, we shall reimburse to you all payments received from you without undue delay and in any event not later than 31 days from the day on which we are informed about your decision to revoke this Agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you have requested that the services commence during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of revocation with respect to this contract compared to the total scope of the services provided for in the contract.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 7 days from the day on which you communicate your withdrawal from this contract to us, to
FLAWLESS Industries UG (haftungsbeschränkt)
Pilatusring 20
91353 Hausen
Telephone: +49 9191 351956
Email: en.support.shop@flawless-industries.de.
The deadline is met if you send the goods before the expiry of the period of 7 days. You bear the immediate costs of returning the goods.
(4) Exceptions to the right of withdrawal
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply or expires in the following contracts:
-
- for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or that have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of goods that are made according to customer specifications or clearly tailored to personal needs
- for services, if FLAWLESS Shop by FLAWLESS Industries has provided these in full and/or you have taken note of and agreed before placing the order that we can begin providing the service (usually by sending the control unit) and you lose your right of withdrawal when the contract is fully performed (in particular software services);
- for software optimization services, when FLAWLESS Shop by FLAWLESS Industries has completed them, as the result is dependent on various factors that cannot be influenced by FLAWLESS Industries;
- for software optimization services in general, as these are products manufactured according to customer specifications. In this case, the service and not the result is to be considered.
15. Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
-
- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- for software optimization services in general, as these are products manufactured according to customer specifications. In this case, the service and not the result is to be considered.
16 Data protection
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We are committed to not sharing any information with third parties unless you have previously consented.
(2) We point out that the transmission of data over the Internet (eg by e-mail) may have security vulnerabilities. Accordingly, an error-free and trouble-free protection of third-party data can not be fully guaranteed. In this regard, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities if the provider has not given the data subjects prior written consent.
(4) You have the right at any time to receive complete and free information from FLAWLESS Shop by FLAWLESS Industries about the data concerning you.
(5) Furthermore, the user has the right to correct/delete data/restrict processing.
17 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the site visitor’s Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters by which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified by means of the unique cookie ID.
(3) Through the use of cookies, users of this website can be provided with more user-friendly services that would not be possible without the setting of cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies; a banner is available for this purpose that you can use to object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or so that cookies that have already been stored are deleted. Instructions on how to prevent and delete cookies can be found in the help function of your browser or from the software manufacturer.
18 Place of Jurisdiction and Applicable Law
(1) The law of the Federal Republic of Germany shall apply exclusively to any differences of opinion and disputes arising from this contract, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
19 Final provisions
(1) The language of the contract is German.
(2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use the FLAWLESS Shop by FLAWLESS Industries only with the involvement of a parent or legal guardian.
(3) If you violate these terms and conditions and we do not take action against it, we are still entitled to exercise our rights on any other occasion in which you violate these terms and conditions.
(4) We reserve the right to make changes to our website, rules and conditions, including these GTC, at any time. The terms and conditions of sale and the GTC in force at the time of your order will apply to your order, unless a change to these conditions is required by law or official order (in which case they will also apply to orders you have placed previously). If any provision of these Terms and Conditions of Sale is held to be invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of any provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.