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TERMS & CONDITIONS - Australia

TERMS & CONDITIONS - Australia

1. General
(1) The company Tuning Empire GmbH operates an online sales platform for vehicle tuning parts from different countries. Orders from consumers and businesses are subject only to these terms and conditions, unless the parties have agreed otherwise in writing. Contractual partner is Tuning Empire GmbH (HRB 11052 Amtsgericht Pinneberg Pl), represented by its managing director Thomas Ullmann, Tuning Empire GmbH, Hohe Bleichen 8, 20354 Hamburg, Germany.
(2) Amendments to these Terms and Conditions will be published in writing or by email. If amendments are not challenged within four weeks after receipt of the notice, the amendments shall be considered as approved. We will talk about in more detail about the right of cancelletaion and the legal consequences of silence in case of an amendment of the terms and conditions.

2. Privacy
(1) The privacy of our customers is important to us. All personal data provided (title, name, address, date of birth, e-mail address, telephone number etc) will be only collected, processed and stored in accordance with the provisions of German data protection law.
(2) The personal data, necessary for the establishment, content or modification of the contractual relationship (base data), are exclusively used by us for processing and completion of the order, such as the delivery of goods to the address provided by the customer.
(3) The personal data is important to take advantage of your offers online and in order to issue sales confirmation and for general communication reasons. These data will only be used for fulfilment of our contractual obligations. Other use of the data does not occur.  

3.  Conclusion of Contract
The display of the products on our online shop platform does not form a binding offer, yet is more of the nature of a non-binding online catalogue which you can browse through. It is more of an invitation to the customer to submit a purchase order request, through pressing the BUY button on the check out page. By clicking on the BUY button, you are making us an offer to accept the order and issue a purchase contract.
As soon as you place the order, you will receive a system email with your detailed purchase overview. This purchase overview confirmation does not mean we accepted your order. We will check the availability of the requested items. If one or few items are not available, we may not accept the order and you will get notified via email about this.
A purchase contract comes into place by us sending you an email with the sales confirmation outlining all products or with the dispatch of the goods.  

4. Prices and taxes
(1) The prices displayed on our website are inclusive of tax and shipping for all members of the European Union, unless otherwise stated. If nothing else was specifically agreed on, customers from Member States of the European Union have the right to claim back import tax if covered by them and if a proof of the payment is supplied to us.  
(2) Deliveries outside of the European Union are tax free. Please note in case of delivery outside of European Union, additional expenses such as import duty or import tax may occur. We have no influence on these costs.  The payment of these charges is the responsibility of the customer.
(3) The price at the time of order is valid. The shipping costs, unless supplied free of charge, are mentioned in the online shop. These may appear on the product description area or are mentioned at the final check out and can be confirmed by the customer with the final order confirmation.  
(4) In case other associated costs are due like payment method merchant fees (credit card or paypal), handling and packaging or other, these will be made available to the customer before ordering.
(5) The purchase amount is payable immediately upon receipt of the sales contract from us.
(6) Offers sent by Tuning Empire are valid for maximum 7 days from day of sending.

5. Payments
Payment by bank transfer

Bank Transfer | Prepayment
We will send you our bank details with the order confirmation and send out the goods after receipt of your payment. We accept the following currencies: EURO, USD.


6. Retention of title and right of cancellation for non-timely payment

(1) We reserve title to all goods supplied by us until full payment has been done. We are entitled to demand the immediate return of the goods, unless there are legally established or undisputed counterclaims.
While the retention of title, the customer is obliged to handle the reserved goods with care, inform us if a third party wants to access the goods or any damage occurred to the items. If change or address occurred or goods changed the owner in between, these information shall be shared with us immediately.  
(2) If the customer delays payment for more than 10 days in arrears, we are entitled to cancel the contract and claim the goods back.
(3) In the event that the customer is a business customer, he is entitled to sell the reserved goods in the ordinary course of business. In this case the customer transfers the rights of the amount of the invoice value to us, whether this occurs before or after any processing of the goods delivered under retention of title. The right of the customer to collect the debt from his customers remains untouched. In this context we undertake not to collect the claimed amount as long as the customer meets his payment obligations, no request is made for insolvency or the process of obtaining the debt payment is not stopped.  Insofar as the above securities exceed the secured claims by more than 10%, we are obliged to release the securities of our choice, at your request.

7. Availability
If products are not explicitly marked with the words "ready for immediate dispatch" or confirmed as ‘in stock’, the delivery time for these products is 1-3 weeks if our supplier is located in Europe or with third country suppliers, the delivery time takes 4-6 weeks. With order-made products for you, the delivery time is between 6-8 weeks or longer. We will always keep you informed about the delivery times.

8. Delivery, Shipping, Transfer of Risk and Acceptance of goods
(1) We are shipping out goods in accordance with agreements confirmed with customer. If shipping charges occur, these would be indicated in the product description are and/or are shown separately on the invoice or check out page. If the customer is an entrepreneur, delivery dates and times are just binding if they were confirmed by us in writing.
(2) If we do not deliver the goods on time according to contract, the customer must contact us with a new delivery period and deadline to fulfil the contract. Otherwise, the customer is not entitled to withdraw from the contract.
(3) The shipments are handled by one of our logistic partners including TNT, DHL, DHL POST, DPD, UPS, FEDEX or other courier services. Large, heavy or bulky items are shipped by freight carriers. The customer is informed of the selected shipping method before the order. Once the goods have been shipped out, the customer will be notified by email.
(4) Tuning Empire GmbH reserves the right to make a partial delivery if this is advantageous for a speedy settlement and the partial delivery is not unreasonably inconvenient for the customer.
(5) In the event that the customer is an end-consumer, the risk of accidental loss and accidental deterioration of the goods passes to the customer, as soon as the goods are handed over.
(6) In the event that the customer is an entrepreneur/business, the risk of accidental loss, accidental deterioration of the goods and the risk of delay passes onto the customer with the delivery / handover of the goods to the forwarding agent, courier or appointed freight forwarder.
(7) The customer is asked to examine the goods immediately upon receipt for shipping damage and notify us immediately if damage in transit is noted. If you notice that goods or box is damaged on delivery, we would like to ask for the following: If possible, advice the delivery person of the damage and let them note down the damage on delivery papers and hand out a copy to you. Please document the damage with pictures if possible.
Without such proof it is not possible for us to claim any settlement against the transport company.  You can also refuse to accept the damaged goods or arrange a collection date with our customer service. You can contact our customer service centre on:

Phone: +49 40 7880 5977  
E-Mail: info@tuning-empire.com

Is the customer a consumer, there are no legal obligations to examine the goods, but it helps us with settlement talks with the carrier.

9. Right of cancellation for end consumers
Is the customer an end-consumer, he has the right to cancel the purchase. Details, requirements and legal consequences of such a cancellation are described in the Conditions below, in the Appendix.

10. Warranty for consumers
(1) If the delivered goods are defective, the customer is entitled under the statutory regulations to demand supplementary performance, withdraw from the contract or reduction of the purchase price.
(2) The limitationperiod of warranty claims for the goods provided is two years from receipt of the goods.

11. Warranty for entrepreneurs / business customers
(1) If the delivered goods are defective, the customer is entitled under the statutory regulations to demand supplementary performance in the form of repair of the defect or delivering a defect-free item. We have the right to decide which option to choose. In the subsequent performance fails, the customer is entitled to reduce the purchase price or withdraw from the contract. Are a prerequisite for any warranty claim is that the customer has properly fulfilled all his duties under § 377 HGB in terms of duty to inspection and objection.
(2) The limitation period of warranty claims for goods delivered is - except in the case of compensation claims - twelve months from receipt of goods.

12. Liability under the Product Liability Act
(1) We point out that we are not manufacturers of the products supplied by us and therefore a liability under the Product Liability Act is eliminated. We would be willing to support our clients in the presence of claims under the Product Liability Act against the manufacturer. If this is desired by the customer, we will establish for a respective contact.
(2) The situation is different if we, acc. to. § 4 para. 2 product liability law, have imported or introduced the goods from a third country into the European Economic Area. In this case, we are regarded as the producer of the product and we are liable according to the Product Liability Act.

13. Limitation of Product Liability
(1) We shall be liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of duties whose fulfillment enables the execution of the contract, the breach of which endangers the purpose of the contract and on whose compliance the customer regularly relies on. In the latter case, however, we are only liable for the foreseeable, typical damage. We are not liable for the negligent breach of others, as those mentioned in the preceding sentences and obligations.
(2) The above exclusions may not apply to injury to life, body and health. Liability under the product liability law remains unaffected.
(3) Data communication over the Internet cannot be guaranteed nowadays as error free and / or be available at any time at the current level of technology. We are therefore not liable for the uninterrupted availability of our online trading system.

14. Final Provisions
(1) Changes or additions to these Terms and Conditions must be in writing. This also applies to the waiver of the written form requirement.
(2) The law of the Federal Republic of Germany applies, under exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the customer has his habitual residence, remain unaffected.
(3) If the customer is a merchant, business, a legal entity under public law or a public law special fund, the jurisdiction of the court will be agreed at the headquarters of Tuning Empire GmbH. Fulfilment place is Hamburg, Germany.
(4) The same applies if the customer, as a consumer, has no general jurisdiction in Germany or whose domicile or habitual residence, at the time of claim action, are not known.
(5) If the customer is not domiciled or his ordinarily resident is not in a Member State of the European Union, then for any dispute, the courts at the business place of the Empire Tuning GmbH are exclusively agreed on.

15. Note for Consumers
The installation of the products sold must be professionally installed, best by a specialist workshop. Unless explicitly indicated, the offered items and parts are often replicas or custom-formed parts, produced by Tuning Empire’s suppliers abroad and come without TÜV or ABE certificate. These parts are for off-road or race use only. Tuning Empire explicitly points out that the installation and the installation of purchased items can violate the roadworthiness of a vehicle if mounted and used on public roads. It is the sole responsibility of the buyer to seek necessary approval, ABE or TÜV certificate to keep the car road safe. Without ABE or approval by the Road Traffic Vehicle Authorisation, the car may not be used on public roads. Please check with your local country regulation if the part purchased requires registration and any necessary documents to be used on public roads.  

Appendix
Consumer Information and Conditions

If you are ordering items during your visits on our website, we would like to point out the following:

(1) The available contract languages are exclusively English and German. The general terms and conditions are only available in German and English.
(2) The essential characteristics of the products offered by us, details about availability, time restrictions of offers, if any and delivery times can be found along the product descriptions.
(3) The presentation of our items online does not form a binding offer. Only by putting the item in the cart and pressing the BUY button, you are submitting a binding offer for us to accept it, according to § 145 BGB. If we accept the offer, you will receive an email with the attached order confirmation. Only then the purchase contract was concluded between you and us.

(4) In case you discovered an error in your order during the ordering process, you can use the delete and update buttons on the intermediate check out page. Last Check out page, gives you an overview of the complete order details for you to check, if all okay you can accept the conditions and go ahead with the purchase.

(5) As an end-consumer, you have the right to withdraw from the purchase.
 According to German Law we are stating the following:

- Beginning of cancellation policy -


You have the right to cancel this contract within fourteen days, without giving any reasons.
The cancellation period is fourteen days from the date, from which you or your representative, who is not the carrier, received the last item of the delivery.  
To exercise your right of cancellation, you must contact us ( Tuning Empire GmbH, represented by the CEO Thomas Ullmann Tuning Empire GmbH, Hohe Bleichen 8, 20354 Hamburg, Germany. Email info@tuning-empire.com , Tel. +49 40 7880 5977) by means of a clear statement (e.g. statement sent by post mail or e-mail) of your decision to withdraw from this contract. You may use the sample form provided on this internet page, yet this is not mandatory.
In order to declare your cancellation right within the time period, it is sufficient to send us a message about your intention to withdraw within the fourteen day deadline period.

Effects of cancellation

If you withdraw from this contract, we will refund you the amount that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than those offered by us as standard, e.g. express delivery). We will repay immediately latest within fourteen days from the date on which the notification of cancellation is received by us. For this repayment we will use the same method of payment that you used in the original transaction, unless we explicitly agree with you on another method. In any case you will not be charged fees for the repayment. We may withhold the reimbursement until we have received the returned goods from you or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods promptly and in any case not later than fourteen days from the date on which you notified us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct cost of returning the goods back to us.
You only need to bear the loss of value of the goods, if this loss of value was caused for other reasons than checking the nature of the product, its characteristics and function.  

- End of cancellation policy -

Note:
The right of cancellation does not exist according to § 312g Abs. 2 BGB for contracts for the supply of goods made to the consumer's specifications or clearly tailored to personal needs.

The right of cancellation does not apply for contracts:

    -          for the supply of goods, which are manufactured according to customer specification or
    -          are clearly tailored to customers personal needs or
    -          for the delivery of perishable goods or
    -          for the supply of goods whose expiration date has been exceeded, or
    -          the supply of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer.

(6) We are not subject to any Code of Conduct.
(7) The contractual text is not stored by us and cannot be accessed after completing the ordering process online. You will receive a system-email with your order details. You can print this overview out. You can also print the order confirmation which will be sent to you separately via email. The Sales Confirmation is in PDF Format.  
(8) For the completion of the contract between you and us your personal data is stored in our system and is available for you to review at any time. In that regard, we refer to our Privacy Policy.
(9) Furthermore, we refer to our General Terms and Conditions which you may review any time and which you can find on our website and print out.  

Tuning Empire GmbH (HRB 11052 Amtsgericht Pinneberg Pl) Tuning Empire GmbH, Hohe Bleichen 8, 20354 Hamburg, Germany, represented by the Managing Director Thomas Ullmann.

Terms and Conditions:
Chancery Wiebecke & Partner
Paul-Nevermann-Platz 5
22765 Hamburg, Germany

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