General Terms and Conditions

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 “Supplier”) to you in the version valid at the time of the order.

(2) Deviating general terms and conditions of the customer are 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 GTC to your order.

(4) On FLAWLESS Shop by FLAWLESS Industries we offer you the sale of the following products:

– Electronic components
– Hardware solutions
– Merchandise
– Software products and software solutions
– Accessories for motor vehicles, etc.

(5) On FLAWLESS Shop by FLAWLESS Industries we offer you the following services:

– General coding and IT services
– Repair of control units
– Remote software solutions
– Software tunings / software services

2 Formation 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 Germany.

The possible delivery addresses and the place of delivery may be restricted for individual bulky goods items; the restriction is shown in the respective list price.

(3) The customer must have reached the age of 18.

(4) The presentation of the goods in the online store does not constitute a legally effective offer. The presentation of the goods merely prompts the customer to make an offer.

(5) Your order constitutes 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 on the “Order with obligation to pay” button in the final ordering step.

(6) The purchase contract between the supplier and the customer is only concluded by a declaration of acceptance by the supplier. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. 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 normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the supplier. This refers both to the number of products ordered as part of one order and to the placing of several orders for the same product, where the individual orders comprise a standard household quantity.

(8) Your orders will be stored by us after conclusion of the contract. If you lose your order documents, please contact us by e-mail or telephone. We will send you a copy of the order data.

(9) Access to the FLAWLESS Shop by FLAWLESS Industries service requires registration.

(10) By registering, the customer accepts these GTC. Registration creates a contractual relationship between FLAWLESS Shop by FLAWLESS Industries and the registered Customer, which is governed by the provisions of these GTC.

(11) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely prompts the customer 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 that is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment prior to the conclusion of this contractual relationship. The contractual relationship is established when the customer confirms the order and payment obligation by clicking on the button “order with obligation to pay”.

3 Description of the scope of services

The scope of services of FLAWLESS Shop by FLAWLESS Industries consists of the following services:

– General coding and IT services
– Repair of control units
– Remote software solutions
– Software tunings / software services
– Distribution

4 Prices and shipping costs

(1) Our prices include the applicable statutory VAT and do not include a flat-rate shipping fee or shipping surcharge. The shipping surcharges 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 mispriced. We check the prices when we process your order and before we debit the payment. If a product is incorrectly priced and the correct price is higher than the price 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 quoted 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) To use FLAWLESS Shop by FLAWLESS Industries, you must first register.

(5) If the user wishes to make use of a chargeable service, he will be informed in advance of the chargeable nature of the service. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.

(6) The Provider reserves the right to charge different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.

5 Delivery and cancellation

(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by FLAWLESS Shop by FLAWLESS Industries (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is only an estimate and an approximate guide. They do not represent 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 products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The statutory claims 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 specified by him, although the delivery time was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery.

(4) Delivery is made according to 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 payment is made by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery will be made after conclusion of the contract.

(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 the products listed in the respective shipping confirmation with regard to each shipping confirmation. The contractual partner is FLAWLESS Industries UG (haftungsbeschränkt). Irrespective of your right of withdrawal, you can cancel your order for a product at any time free of charge before the associated shipping confirmation is sent.

6 Terms of payment

(1) Any payment due must be made in advance to FLAWLESS Shop by FLAWLESS Industries without deduction at the time it falls due.

(2) The customer can pay for the goods or services using the following payment methods:

– Paypal

– Credit card

– On account

Payment on account is only possible for consumers aged 18 and over. The delivery address, the home address and the billing address must be identical and located in the following countries:

Germany

Payment on account is not possible for services that are transmitted online (e.g. software for download) or for the purchase of gift cards. 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 on account, a one-off fee of €0 (zero euros) including the applicable VAT per delivery will be charged in addition to any shipping costs for the complete shipment. The customer will always be informed separately before conclusion of the contract whether this fee will be incurred.

If the invoice amount is not paid by the due date for reasons for which the Customer is responsible, FLAWLESS Industries UG (haftungsbeschränkt) shall charge a lump-sum compensation in the amount of € 0 (zero euros). The customer may prove that no damage has been incurred at all or that the damage is significantly lower than the lump sum.

In the case of payment on account and in other cases where there is a legitimate reason, FLAWLESS Shop by FLAWLESS Industries checks and evaluates the data provided by the customer.

– Prepayment

(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 thereby authorizes the supplier to collect the amounts due at the time of the order.

(6) If the supplier offers payment in advance and the customer chooses this method of payment, the customer must transfer the invoice amount to the supplier’s account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days.

(7) If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Supplier to collect the amounts due.

(8) If the Supplier offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Supplier a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to insufficient funds in the account or due to incorrectly transmitted bank account details, the customer shall bear the costs.

(9) If the supplier offers payment in advance and the customer chooses this method of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.

(10) If the customer defaults on payment, the supplier reserves the right to claim damages for default.

7 Registration and termination

(1) Furthermore, the customer declares that he and, to his knowledge, no member of his household has a criminal record for an intentional criminal offense that endangers the safety of third parties, in particular for an offense against sexual self-determination (§§ 174 ff. StGB), an offense against life (§§ 211 ff. StGB), an offense against physical integrity (§§ 223 ff. StGB), an offense against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.

(2) Subject to reservation, a user is entitled to unsubscribe at any time in writing by post, e-mail or telephone without stating a reason. At the same time, it is possible to deactivate it completely and manually within the data and settings in the user account. The previously concluded contractual relationship is thus terminated.

(3) If a user has registered for a paid service, he can cancel at least 7 days before the booking period. If this deadline is not met, the fee-based service will be extended by the selected booking period and the termination will only take effect at the end of the subsequent booking period. Cancellation is possible by telephone, e-mail or letter and will be confirmed by us in writing. The customer’s full name, e-mail address and address must be provided so that your termination can be assigned. In the case of termination 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 giving reasons, at any time. FLAWLESS Shop by FLAWLESS Industries reserves the right to remove profiles and/or any content posted on the Website by or on behalf of the User. If FLAWLESS Shop by FLAWLESS Industries terminates the user’s registration and/or removes the user’s profile 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 have been in contact with the user. FLAWLESS Shop by FLAWLESS Industries’s decision to terminate a user’s registration and/or notify other users with whom FLAWLESS Shop by FLAWLESS Industries assumes the user has been in contact does not imply or state that FLAWLESS Shop by FLAWLESS Industries is making any statements about the user’s individual character, general reputation, personal characteristics or lifestyle.

(6) Users are obliged not to make any deliberate or fraudulent false statements in their profile and other areas of the portal. Such information may result in civil action. Furthermore, 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 due to culpable breach of contract and/or the contractual relationship is terminated, the user must pay compensation for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of expenses saved shall be set at a flat rate of 10% of the remuneration. Both contracting parties are at liberty to prove that the damage and/or the expenses saved are actually higher or lower.

(8) After termination of the contractual relationship, all user data will be deleted by FLAWLESS Shop by FLAWLESS Industries.

8 Limitation of liability (services)

(1) FLAWLESS Shop by FLAWLESS Industries assumes no responsibility for the content and accuracy of the information in the registration and profile data of the Customer and other content generated by the Customer.

(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective customers involved. FLAWLESS Shop by FLAWLESS Industries is therefore not liable for the services of participating customers. Accordingly, all matters relating to the relationship between the Ordering Parties, including, without limitation, services received by a Seeker or payments due to Ordering Parties, shall be addressed directly to the relevant party. FLAWLESS Shop by FLAWLESS Industries cannot be held responsible for and hereby expressly disclaims any and all liability claims of any kind whatsoever, including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or undisclosed, of any kind whatsoever in connection with the aforementioned matters.

(3) FLAWLESS Industries UG (haftungsbeschränkt) shall only be liable for damages resulting from injury to life, body 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) FLAWLESS Industries UG (haftungsbeschränkt) shall only be liable for other damages, insofar as they are not based on the breach of cardinal obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), 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) Claims for damages shall be limited to the foreseeable damage typical for the contract. In the event of default, they shall amount to a maximum of 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 commence at 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 identity of the debtor or should have become aware of them without gross negligence (Section 199 (1) of the German Civil Code). BGB).

(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and, if necessary, to delete it in whole or in part.

9 Offsetting and right of retention

(1) The Customer shall only be entitled to set-off if the Customer’s counterclaim has been legally established or has not been disputed by the Supplier.

(2) The customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.

10 Retention of title

FLAWLESS Industries UG (haftungsbeschränkt) retains title to the goods until full payment has been made.

11 Transport damage

(1) If the customer receives the goods with obvious transport damage, the supplier requests him to complain about this as soon as possible.

(2) Should the customer fail to make a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the supplier to assert his own claims against the carrier.

12 Right of defects

Important information – No refund policy for software tunings / ECUFLASH
The customer pays for the programming work that we – FLAWLESS Industries UG – perform, not for the result of this work. Any work we do or time we spend on must be remunerated. For this reason, no refunds are possible for software tunings, neither in full nor 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 refund claims via PayPal Buyer Protection.

FLAWLESS Industries UG (haftungsbeschränkt) also expressly points out that tuning – regardless of whether software or hardware modifications – can be or is a development process. Since it cannot be ruled out that, for example, the manufacturer itself may receive patches or updates via telematics, or that the customer may have carried out further conversions that do not correspond to the series, further adjustments may be necessary after software tuning or modification, which may only occur or become noticeable during customer operation. These may require a new visit or a new condition of the control unit. FLAWLESS Industries UG (haftungsbeschränkt) is expressly not liable for failures of the vehicle or similar that occur as a result or 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 object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from delivery of the goods and may demand the repair or replacement of the products purchased on 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 demand a refund or reduction of the purchase price.

(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 shall be remedied by new delivery or new performance.

(4) If the customer is not a consumer, the limitation period shall be one year. This applies insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.

13 Limitation of liability (products)

(1) The Supplier shall be liable for claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on its intentional or grossly negligent breach of duty or that of one of the legal representatives or vicarious agents of the Supplier.

(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.

(3) The provider shall be liable for breaches of material contractual obligations that are based on foreseeable damage typical of the contract, 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 shall also apply to the personal liability of employees, representatives and vicarious agents.

14 Cancellation policy

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 refund claims via PayPal Buyer Protection.

(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

(2) Right of withdrawal

You have the right to withdraw from this contract within seven days without giving any reason.

The revocation period is seven days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of a product in several partial shipments or pieces), without giving reasons to revoke.

The withdrawal period for services is seven days from the day the contract is concluded.

To exercise your right of withdrawal, you must contact us:

FLAWLESS Industries UG (limited liability)

Pilatusring 20
91353 Hausen

Phone: +49 9191 3553353

E-mail: info@flawless-industries.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). 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 a confirmation of receipt of such a revocation without delay (e.g. by e-mail).

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the goods via our online returns center within the period defined below.

(3) Consequences of revocation

If you withdraw from this contract, 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 withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return the goods immediately and in any case within 7 days at the latest from the day on which you inform us of the revocation of this contract to

FLAWLESS Industries UG (limited liability)

Pilatusring 20
91353 Hausen

Phone: +49 9191 3553353

E-mail: info@flawless-industries.de

to be returned or handed over. The deadline is met if you send the goods before the 7-day period has expired. You bear the direct costs of returning the goods.

(4) Exceptions to the right of withdrawal

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

The right of withdrawal does not exist or expires for the following contracts:

- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
- for services, if FLAWLESS Shop by FLAWLESS Industries has provided them in full and/or you have acknowledged and agreed before placing the order that we can start providing the service (this is usually done by sending the control unit) and you lose your right of withdrawal upon complete fulfillment of the contract (especially software services);
- for software tuning services, if FLAWLESS Shop by FLAWLESS Industries has carried them out completely, as the result depends on various factors that cannot be influenced by FLAWLESS Industries;
- for software tuning services in general, as this is a product manufactured according to customer specifications. It is the service and not the result that 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 which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for software tuning services in general, as this is a product manufactured according to customer specifications. It is the service and not the result that is to be considered.

16 Data protection

(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.

(3) Third parties are not authorized to use contact data for commercial activities unless the provider has given prior written consent to the persons concerned.

(4) You have the right at any time to obtain from FLAWLESS Shop by FLAWLESS Industries complete and free information about the data concerning you.

(5) Furthermore, the user has the right to rectification/deletion of data/restriction of 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 website 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 of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited 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 via the unique cookie ID.

(3) The use of cookies can provide users of this website 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 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 persistent cookies).

(5) You can object to the storage of cookies by clicking on the banner to which you can object/accept.

(6) Of course, you can set your browser so that no cookies are stored on your hard disk or cookies that have already been stored are deleted. The instructions for preventing and deleting cookies can be found in the help function of your browser or software manufacturer.

18 Place of jurisdiction and applicable law

(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, 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 contract language is German.

(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use FLAWLESS Shop by FLAWLESS Industries with the assistance of a parent or legal guardian.

(3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.

(4) We reserve the right to make changes to our website, rules and conditions, including these GTC, at any time. Your order will be subject to the terms and conditions of sale, contract and GTC in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is 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 a provision shall not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.

General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF FLAWLESS Shop by FLAWLESS Industries

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