GENERAL TERMS AND CONDITIONS
§1 Validity of these Terms and Conditions
Validity of the deliveries, services and offers from HPTurbo.Tech OÜ are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. When ordering the goods or services, these conditions are considered accepted. General purchasing conditions of the buyer are hereby contradicted. Deviations from these terms and conditions are only effective if we confirm them in writing.
§2 Offer and conclusion of contract
The offers of HPTurbo.Tech OÜ in price lists, advertisements, on the website and in the online shop are subject to change and non-binding. Orders are only binding for HPTurbo.Tech OÜ after the written confirmation by HPTurbo.Tech OÜ to the customer. Offers such as promotions, sales and special offers are excluded from the binding nature of the availability of the product or service. The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as guidelines and do not constitute an assurance of properties, unless they are expressly designated as binding by HPTurbo.Tech OÜ in writing. If a buyer exceeds his credit limit with an order, we are released from our delivery obligation.
Prices are based on the prices stated in our order confirmation. The prices published in the online shop and on price lists are non-binding and price changes and errors are reserved. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks or errands, the daily price on the day of the order applies. Unless otherwise agreed, the prices are plus transport costs and plus the statutory value added tax for the respective country.
§4 Delivery and service time
Dates and delivery times are non-binding, unless expressly agreed otherwise in writing. The specification of certain delivery times and delivery dates by HPTurbo.Tech OÜ is subject to the correct and timely delivery of HPTurbo.Tech OÜ by suppliers and manufacturers. HPTurbo.Tech OÜ is also not liable for delays and additional costs resulting from the activities of transport service providers such as post, rail and courier services such as DHL, TNT, FedEx and the like.
§5 Delay in acceptance
If the buyer refuses to accept the delivery items after a grace period has expired or declares that he does not want to accept the goods, HPTurbo.Tech OÜ can refuse to fulfill the contract and demand compensation for non-performance. HPTurbo.Tech OÜ is entitled to claim either a flat rate of 25% of the agreed purchase price or compensation for the damage actually caused by the buyer.
Upon delivery and assembly, the accessibility for the goods must be guaranteed by the customer. Visible quantity differences must be reported to HPTurbo.Tech OÜ and the carrier in writing immediately upon receipt of the goods, hidden quantity differences within 5 days after receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately after receipt of the goods.
§7 Transfer of risk
The risk of loss or destruction passes to the buyer as soon as the shipment has been handed over to the person or company carrying out the transport. If the shipment is delayed or impossible through no fault of our own, the risk passes to the buyer when the readiness for shipment is reported. An agreed transfer of transport costs by HPTurbo.Tech OÜ in individual cases has no influence on the transfer of risk.
The warranty according to the following provisions is 2 years, unless expressly agreed otherwise in writing. The warranty period begins on the date of delivery. If our installation, operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not correspond to the original specifications, any warranty is void insofar as the defect can be attributed to this. This also applies insofar as the defect is due to improper use, storage and handling of the devices, or outside intervention as well as the opening of devices. Insignificant deviations from guaranteed properties of the goods do not trigger any warranty rights. Liability for normal wear and tear, as well as consumables / accessories / enclosed batteries / rechargeable batteries is excluded. Warranty claims against HPTurbo.Tech OÜ are only available to the direct buyer and are not transferable. Goods that are installed or used in vehicles that are used for races, test drives or training drives are expressly excluded from the warranty.
It is irrelevant whether and where these take place. Also expressly excluded from the warranty are new or used products that were installed or used by HPTurbo.Tech OÜ in such vehicles.
For returns, we require that the defective part or device with the completed repair form and a copy of the invoice with which the device was delivered is sent to HPTurbo.Tech OÜ for repair or delivered. A return of products by the customer requires the prior consent of HPTurbo.Tech OÜ and takes place at the customer's cost and risk. The products must be returned in their original packaging and accompanied by a detailed description of the fault / defect and a return number. Products that we procure on customer request and opened software are excluded from the return. By replacing parts, assemblies or entire devices, no new warranty periods come into force. The guarantee is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the devices to be repaired, the buyer must ensure that data on them is backed up by copies, as these can be lost during repair work. The goods excluded from the warranty can only be returned for repair at the customer's expense.
§10 Retention of property
The delivered goods remain the property of HPTurbo.Tech OÜ until full payment.
Depending on the agreement, the invoices are payable in advance, cash on delivery, in cash before delivery or within 10 days net unless otherwise agreed. The delivery is generally unfree, i.e. at the expense of the buyer by parcel post, freight forwarder or own vehicle, unless expressly agreed otherwise. A payment is only deemed to have been made when we can dispose of the amount. Checks are only accepted on account of performance and only count as payment once they have been cleared. If the buyer is in arrears, we are entitled to charge interest of 5% per year from that point in time. For the duration of the delay, HPTurbo.Tech OÜ is also entitled to withdraw from the contract at any time, to demand the returned goods and to claim damages if the contract expires. All claims are due immediately if the customer is in default of payment, culpably fails to meet other essential obligations from the contract or if we become aware of circumstances that are likely to reduce the customer's creditworthiness, in particular discontinuation of payment, pending settlement or bankruptcy proceedings. In these cases we are entitled to withhold outstanding deliveries or to carry out the delivery only against advance payment or security.
§12 Small quantity surcharges
Up to an order amount of CHF 50.00 we charge a small quantity surcharge of CHF 9.00. It does not apply if you pick up the goods in Märwil. Small quantity surcharges for deliveries outside Switzerland are calculated and invoiced individually.
HPTurbo.Tech OÜ can act as a tied agent according to Swiss law Art. 43 para. 2 ISA in conjunction with Art. 183 para. 1 lit. a AVO arrange insurance for goods offered on HPTurbo.Tech OÜ to customers. When taking out insurance, the agreements of the delivered policy and the general insurance regulations (AVB) of the designated insurer apply.
§14 limitation of liability
Claims for damages from impossibility of performance, from breach of contract, from fault at the conclusion of the contract and from tort, are excluded both against us, as well as against our vicarious agents, unless there is willful or grossly negligent action. No liability is accepted for consequential damage resulting from the use of the products.
§15 Copyrights / software warranty
As far as software is included in the scope of delivery, it is left to the buyer for one-time resale or for his own use, i.e. he may neither copy them nor leave them to others for use. Software is excluded from all warranty terms on forms. The provisions of the license agreement of the software manufacturer apply exclusively.
§16 Data protection
The data protection declaration is an integral part of these terms and conditions. By accepting these terms and conditions, the customer also declare that they agree to the data protection declaration of HPTurbo.Tech.
§ 17 Place of jurisdiction
Weinfelden (Thurgau, Switzerland) is exclusively the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.