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Conditions of Use

 

Terms and conditions
Terms and Conditions (GTC) of the company Turbotechnik Graubünden, Thomas Lange to other entrepreneurs and for use in the sale of goods to consumers (Consumer Sales)

(June 2015) § 1 General 1.1 Our deliveries and services are subject to the terms and conditions listed below. Additional agreements and amendments to these provisions have to be made in writing. Eventual Any oral agreements are invalid. 1.2 Should the buyer in turn use different terms and conditions, these shall only be binding for us when they have been recognized by us in writing. 1.3 By ordering, at the latest upon receipt of the goods or services, these terms are accepted. 1.4 consumer is any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial or independent professional activity. 1.5 entrepreneur is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity. § 2 Offers, orders and conclusion of contract 2.1 The products listed on our website or the presentation of goods in the shop does not constitute a binding offer. We accept no guarantee that the goods and services we provide in fact be available at the above prices be, unless we have confirmed this in writing. Deviations from the illustrations, descriptions, weights are in shape, color, weight and keep mistakes like us, especially to the extent reasonable, before. 2.2 The submitted by the purchaser to us in order written or electronic form, as well as by phone or fax sees itself as a binding offer. We can accept this offer by sending the ordered goods, or by written confirmation in oral or in written form. An acknowledgment of receipt of the order shall not constitute acceptance. We reserve the right to reject the contract. The decision is in our sole discretion. 2.3 The final contract is subject to correct and timely delivery by our suppliers in cases where non-delivery is not our responsibility and we have declared our withdrawal from the contract. The customer is informed about the unavailability of a product / service immediately via email and receive a refund of the corresponding consideration immediately in case of withdrawal. § 3 Delivery dates and periods, partial deliveries and custom 3.1 Delivery times depend on the product. Quoted by us delivery dates and deadlines are not binding. Four weeks without notice shall be deemed customary. The agreement of fixed delivery dates must be in writing. The delivery period is complied with if up to its expiry the delivery item has left our company or if the customer the dispatch has been notified by us in writing. If the delivery date, the customer is entitled to withdraw from the contract or of the not yet paid part of the business after he has set a reasonable grace period. 3.2 Partial delivery and partial services are permissible and are valid as an independent delivery and performance. Due to the costs incurred for each of the customer delivery, we accept partial delivery only on request prior to, in the event that not all the items ordered are in stock. Article 3.3, which are not listed in the catalog and specially on request according to customer specifications need to be ordered or produced separately, are considered a special order. Special orders and special designs must always be given in writing to us in order to become binding and confirmed by us. Special orders we make only after payment. For entrepreneurs, the cancellation is excluded. 3.4 If non-observance of deadlines due to force majeure, eg Mobilization, war, riot or similar by the seller is not responsible for events such as Due to strike or lockout, such time shall be extended to the times during which the last predesignated event or its effects. 3.5 The seller shall be liable for delay of performance in cases of intent or gross negligence of the seller or his representative or agent, as well as an injury to life, limb or health in accordance with statutory provisions. Further claims by the purchaser due to delayed delivery are - even after expiry of the seller time set for performance - excluded. 3.6 The statutory right of withdrawal of the purchaser remain unaffected. From the contract by the Purchaser may only withdraw in accordance with statutory provisions if the delay in delivery is attributable to us. 3.7 A change in the burden of proof to the detriment of the buyer is not connected with the above provisions.

§4 delivery modes and shipping costs 4.1 Unless otherwise agreed, we will send via Hermes all goods with insured parcels up to 750, - € value of goods, as long as no higher transport insurance was required on the buyer's request. Higher security is subject to a surcharge payable by the buyer. 4.2 In special cases, delivery by other courier companies such as UPS, FedEx, among other things possible, provided that the buyer has a corresponding customer number. The costs borne by the customer. 4.3 For businesses, the shipment will be at the expense and risk of the buyer. 4.4 For consumers in the event of revocation § 8 of our Terms & Conditions apply.


§ 5 Terms of Payment 5.1 The performance made in advance or cash on delivery, unless otherwise agreed. 5.2 Deliveries abroad take place exclusively against prepayment. 5.3 With VISA card payments are an additional 3%, calculated 3.5% card payment fee on the final amount at MasterCard. Card payments can be handled only with PayPal. 5.4 For collection the buyer's payment is made in cash. 5.5 The buyer can only offset claims that are undisputed or legally binding. § 6 Prices All prices shown are non-binding, are in euro and include VAT at the statutory rate. If the buyer does not otherwise agreed in writing, valid on the day of delivery prices come under price list to calculate; Shipping costs, which are clearly identified on the invoice. Price changes, misprints and errors excepted.

  
§ 7 default of acceptance the buyer 7.1 If the goods we versandt- or ready for collection and the shipment is delayed or the acceptance by the customer for reasons that are not attributable to us, the risk shall pass to the receipt of notification of readiness for dispatch or . ready for collection to the buyer. 7.2 If the customer refuses definitively to collect the goods or accept when sending to him, he will bear all costs of shipping costs.


§ 8 Right of withdrawal


8.1 consumer is any natural person who enters into a legal transaction for purposes that can be attributed mostly neither commercial nor its independent professional activity.

8.2 Conditions

Withdrawal

You have the right to withdraw within fourteen days without giving a reason this contract. The withdrawal period shall be fourteen days from the date on which you or a third party indicated by you, other than the carrier, the goods are repossessed or has. To exercise your right, you have to, 

TTG Turbotechnik Graubünden, Thomas Lange

via santeri 11
CH-7130 Ilanz
Email: info@ttg.kwe-automotive.ch

An online submission of the revocation is not tethered. You can transmit the clear explanation. Make use of this opportunity, we will provide you with immediately (eg via email) an acknowledgment of receipt of such a withdrawal.

  
To safeguard the withdrawal period it is sufficient that you send your communication concerning the exercise of the withdrawal before the expiry of the withdrawal period. 8.3 consequences of withdrawal

If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than the offered by us, favorable Ground Shipping have), and repay immediately latest within fourteen days from the date on which the notification has been received of its cancellation of this contract with us. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees for this repayment.

 

We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier. You have to return the goods immediately and in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract to us or to hand over. The deadline is met if you send the goods before the deadline of a fortnight. You bear the direct cost of returning the goods. You just have to pay for any diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods handling. 8.4 Exclusion of withdrawal right

The right does not apply to contracts which

- The supply of goods which are not prefabricated and for their production of an individual choice or decision by the consumer shall prevail or which are clearly tailored to the personal needs of the consumer,

- The supply of goods that can spoil quickly or whose expiration date has passed quickly,

- If their seal has been removed from delivery to delivery of sealed goods which are not suitable for reasons of health or hygiene to return,

- The supply of goods if they were mixed after delivery due to their nature inseparably with other goods,

- The supply of alcoholic beverages, the price has been agreed in the contract that can be delivered at the earliest 30 days after the conclusion of the contract, however, and their current value of fluctuations in the market depends, to which the trader has no influence,

- The supply of sound - or video recordings or computer software in a sealed package, if the seal was removed after delivery,

-to supply of newspapers, periodicals or magazines with the exception of subscription

-Verträgen.

§ 9 Exclusion of of return, cancellation and conversion right for entrepreneurs and for retail sale 9.1 If the customer is not a consumer, ie provided that he is an entrepreneur, of return, cancellation or conversion rights are excluded. 9.2 Should a gesture of goodwill redemption by us and where we agree a withdrawal / termination of contract to sowerden 10% of the value placed as an expense deducted. 9.3 The same applies to the store sales in our specialized premises. § 10 Warranty for defects 10.1 In the event of a defect, we are liable under the statutory provisions, unless they are carried forward and the following provisions are limited. A change in the burden of proof to the detriment of the buyer is not connected to the upstream and following regulations. 10.2 guarantees in the legal sense are not the customer of ours. In particular, the reproduced on our website product or product descriptions do not have the character of a guarantee. 10.3 Warranty obligations do not exist if the object of purchase improperly, overstrained or has been processed in any way, in the purchase object parts have been installed, has the use of the seller is not approved, the buyer the rules on handling, maintenance and care of the purchased item ( has not complied with eg operating instructions) or the buyer has the object of purchase for motor racing purposes used or installed in an appropriate vehicle. 10.4 Even natural wear is excluded from the warranty. We accept no liability for incompatibility to third-party products. We expressly point out that many of our products for top performance with a short life are constructed. Accordingly, these portions may be "consumed" within a short time without a defect exists. 10.5 The majority of the products offered are - unless indicated otherwise determined if for competition use in racing and motor sport and have not street legal. Guarantee and warranty are excluded for these items in accordance with the following provisions, in particular for damages caused by using. 10.6 The customer has obvious defects to us in writing within 10 days. For entrepreneurs, the goods in consideration of the defect is considered in breach of this obligation have been approved. 10.7 Damaged arrived broadcasts are simultaneously and urgently to complain to the responsible carrier (Post, Hermes, forwarder) and assert. 10.8 entrepreneurs have we rejected goods for examination free to send home. Shipments without freight prepaid will not be accepted by us. Returns under warranty will only be accepted if the return is accompanied by a copy of the invoice and possibly the error description has been notified in advance. In the case of justified claims, we bear the costs of repair and shipping. 10.9 Defective goods, we will repair or take back and replace them with faultless goods. Subsequent performance is deemed to have failed if two attempts have not been successful or it is impossible or disproportionate. We are entitled to refuse subsequent performance as far as they can be done for us without a major effort or us has become impossible. Of a right to replacement does not exist. 10.10 As far as a used item is the delivery item, the limitation period for claims for damages due to defects - for whatever legal reason - six months for other claims and rights due to defects one year. Unless a new or newly manufactured thing delivery item, the limitation period for claims for damages due to defects - for whatever legal reason - one year. 10.11 claims for damages pursuant to section. 10.10 applicable limitation periods also apply to other claims for damages against the seller, regardless of their legal basis. They also apply, if the claims are not related to a defect related. 10:12 The foregoing limitation shall apply to the following conditions: a) The periods of limitation generally do not apply in case of intent or has a guarantee for the quality of the delivery item fraudulent concealment of a defect or if the seller. b) The statute of limitations does not apply to compensation claims in a grossly negligent breach of duty, in the case - not existing in the supply of a defective item - culpable breach of contract, in the cases of culpably caused injury to life, limb or health or claims according to the Product Liability Act. 10:13 The limitation period begins for all claims for damages with the delivery. § 11 Reservations Subject to 11.1 errors, changes and corrections remain. 11.2 Most of the items listed in the catalog are in stock and ready to ship. Nevertheless, it may come by our suppliers to supply bottlenecks at elevated demand. In the case of non-availability of certain items is - as long as no contract of sale has been concluded - no obligation to deliver, the customer is informed about the unavailability. 11.3 With many of the products offered in this catalog, we turn to automotive specialists. Typically, the products often contain no installation instructions. To exclude any abuse and incorrect use, the products may only be fitted by automotive professionals and in specialist workshops. Also due to non-excludable catalog errors and ambiguous assignments the assignment parts, the basic and specific suitability for the respective vehicle and method of use must be established beyond reasonable doubt by a specialist before each installation.

§ 12 Retention of Title 12.1 Until full payment of the purchase price including all subsidiary claims, in dedication of exchange or checks until full encashment in cashless payment to unconditionally credited to our account, the goods delivered remain our property (reserved goods). 12.2 With regard to companies, the ownership only to the buyer when all his debts are repaid from our deliveries of goods, ie, not only for the cash resulting from the delivery of the goods specific purchase price, but until all liabilities from the business relationship. 12.3 If the goods supplied under retention of title (reserved goods), irrespective of their condition, are resold by the buyer or as an essential component built into the matter of a third party, the purchaser hereby assigns already now to him from the sale or installation claims against his customers or third parties, with all ancillary rights to full payment of its debt to us. We accept the assignment. With sales of our goods together with goods of foreign origin or in conjunction with other benefits entitlement is us at least equal to the value of our delivery in any case, a proportion corresponding to the amount of our claim to. 12.4 are published in all illustrations, photos, drawings and other documents, which are available to the customer or on our website or catalog, we reserve property rights and copyrights, they may not be used or other third parties without express written consent from us accessible be made. This is particularly true for written documents that are designated as "confidential". § 13 Compliance with legal provisions 13.1 The majority of our products are manufactured and offered for use in the engine and racing and have therefore - unless otherwise stated - not approved for use on public roads. 13.2 for approvals for public roads exclusively belonging to the respective product ABE or the TÜV certificate and the requirements contained therein may be relevant. 13.3 When using our products in vehicles that are permitted on public roads, the buyer has to take care that all changes and conversions in accordance with the statutory provisions are entered in the vehicle papers. 13.4 claims on the seller because of failing on the part of TÜV shall be excluded, unless the seller has guaranteed the TÜV-admissibility in accordance with the relevant requirements explicitly. 13.5 Claims by the purchaser or third parties from accidents by uprated or otherwise converted vehicles or from accidents at motor sport events are excluded, unless such claims are based on intent or gross negligence by us. § 14 Place of performance, jurisdiction and applicable law 14.1 The place of fulfillment for deliveries and payments is CH-Ilanz. 14.2 For all current and future claims arising from the business relationship with merchants, legal persons under public law or public special assets is the place of jurisdiction CH-Ilanz. However, we are also entitled to take legal action at the purchaser's seat. 14.3 All legal relationships between the buyer and the seller, the law of the Switzerland.
§ 15 Severability Clause Should any provisions remains the validity of the remaining provisions.

 
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