General Terms and Conditions

§ 1 Scope of Application

These General Terms and Conditions (GTC) apply to all contracts between

Patrick Tirschner – Tirschner Performance

Hohenrother Straße 13

90619 Trautskirchen

Germany

Phone: +49 163 9167599

E-Mail: info@tirschner-performance.de

(hereinafter "Contractor" or "Provider") and the respective client (hereinafter "Customer") for the provision of services in the field of vehicle tuning, software optimization, engine conversions, and the sale of automotive parts and accessories.

Deviating, conflicting or supplementary general terms and conditions of the Customer shall not become part of the contract unless their validity has been expressly agreed to in writing.

§ 2 Formation of Contract

The presentation of services and products on this website does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).

The contract is concluded by:

• written placement of an order (by e-mail, letter or contact form) and subsequent order confirmation by the Contractor, or
• verbal commissioning on-site and commencement of service provision.

Offers by the Contractor are non-binding. The Contractor is entitled to decline an order or commission without giving reasons.

§ 3 Scope of Services

The scope of services to be provided results from the respective order confirmation or individual quotation. This includes in particular:

• Software optimization / chip tuning
• Engine conversions
• Service, maintenance and diagnostics
• Sale of automotive parts and accessories

Changes or extensions to the agreed scope of services require written agreement. Additional services will be invoiced separately.

Note on road legality: The Customer is solely responsible for verifying and ensuring the legal compliance of the modifications carried out with the applicable regulations (e.g. StVZO, StVG, vehicle registration regulations). The Contractor does not guarantee road approval of the vehicle following any conversion work.

§ 4 Customer's Duty to Cooperate

The Customer is obligated to hand over the vehicle in a technically sound basic condition. Any existing defects, prior damage or custom modifications must be fully disclosed before the order is placed. The Contractor reserves the right to refuse to provide services or to adjust the scope of services if the vehicle condition is inadequate.

Information required for the provision of services (e.g. vehicle data, registration number, engine code) must be provided by the Customer completely and truthfully.

§ 5 Prices and Payment

The prices agreed in writing at the time of placing the order shall apply. All prices listed are inclusive of the applicable statutory VAT unless otherwise expressly stated.

Payment is due upon invoicing and completion of the service, unless a different payment arrangement has been agreed. An advance payment may be required for partial services or material deliveries.

In the event of default in payment, the Contractor is entitled to charge default interest at the statutory rate (§ 288 BGB). The right to assert further damages resulting from the default is reserved.

§ 6 Delivery and Execution Deadlines

Stated delivery and execution deadlines are, unless expressly designated as binding, non-binding approximate values. Delays caused by supply shortages, force majeure or technically necessary additional work do not entitle the Customer to withdraw from the contract, provided the Contractor is not responsible for the delay.

Partial deliveries are permissible to the extent that they are reasonable for the Customer.

The risk of accidental loss or accidental deterioration of the purchased goods passes to the Customer upon handover to the Customer or a person designated by the Customer. In the case of mail-order purchases, the risk passes upon handover of the goods to the carrier, freight forwarder or other person designated to carry out the shipment.

§ 7 Right of Withdrawal

Consumers are entitled to a statutory right of withdrawal pursuant to § 312g BGB. The complete withdrawal policy and the model withdrawal form can be found at: Right of Withdrawal.

The right of withdrawal expires prematurely for services if the Contractor has fully performed the service and only began performance after the consumer gave their express consent and simultaneously confirmed their knowledge that they would lose their right of withdrawal upon full performance of the contract (§ 356 para. 4 BGB).

The right of withdrawal does not apply to goods manufactured according to customer specifications or clearly tailored to the personal needs of the Customer (§ 312g para. 2 no. 1 BGB), nor to software services where performance has begun with the Customer's express consent.

§ 8 Retention of Title

Delivered goods remain the property of the Contractor until the purchase price has been paid in full. The Customer is not entitled to pledge or transfer ownership of goods subject to retention of title as security. In the event of seizure or other third-party access, the Customer must notify the Contractor immediately.

§ 9 Warranty

Warranty is governed by statutory provisions (§§ 434 et seq. BGB). The warranty period for new goods is two years from handover; for used goods, the period may be reduced to one year if individually agreed.

Defects must be reported in writing without delay upon discovery. Unauthorized repair or rectification attempts by the Customer or third parties shall result in the forfeiture of warranty claims if they make rectification of the defect impossible or substantially more difficult.

Wear and tear, improper handling, overloading or modifications to the vehicle by the Customer do not give rise to warranty claims.

§ 10 Liability

The Contractor is liable without limitation for damages resulting from injury to life, body or health, as well as for intent and gross negligence.

In the event of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract.

Liability for slightly negligent breach of non-material contractual obligations is excluded.

Liability for loss of operating permit, consequential damages arising from non-approved modifications or lost profits is excluded to the extent permitted by law. The Customer bears sole responsibility for the proper registration of modifications with the competent authority.

The foregoing limitations of liability also apply in favour of the Contractor's vicarious agents.

§ 11 Data Protection

The Contractor processes the Customer's personal data exclusively for the purpose of contract processing and in accordance with statutory provisions. Further information on the handling of personal data can be found in our Privacy Policy.

§ 12 Applicable Law and Place of Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Regarding consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence.

The place of jurisdiction for all disputes arising from this contractual relationship is, insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law, the registered office of the Contractor (90619 Trautskirchen). Regarding consumers, the general place of jurisdiction of the Customer shall apply.

§ 13 Online Dispute Resolution and Consumer Dispute Settlement

The European Commission provides a platform for online dispute resolution (ODR), which you can access at https://ec.europa.eu/consumers/odr/.

We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Severability Clause

Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory regulation.