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Our terms and conditions for business customers.
Filedatabase.eu B2B terms and conditions
THE PRODUCTS OFFERED ON THIS WEBSITE ARE SOLD FOR USE BY PROFESSIONAL VEHICLE TUNERS ONLY AND ARE NOT SUITABLE FOR NON-PROFESSIONAL USERS.
1.1. The legal relationship and every agreement between Filedatabase.eu, Sportplatzgasse 32b, 2443 Leithaprodersdorf, Austria, and the customer are governed exclusively by these terms and conditions unless otherwise agreed in writing.
1.2. These terms and conditions are available on the website (www.Filedatabase.eu).
1.3. These terms apply to every offer by Filedatabase.eu and every distance contract concluded between Filedatabase.eu and a customer who uses or acquires tuning software / tuning files and the devices and software activations offered in the shop (the ‘Products’) exclusively for professional purposes.
1.4. The terms published on the website at the time of the order apply to that order.
1.5. By ordering or purchasing Products from Filedatabase.eu through the website, the customer confirms that they have read and accepted these terms. In particular, by purchasing, downloading, configuring or using the Products and their documentation, the customer expressly accepts the licence agreement, which forms an integral part of these terms, and agrees to be bound by it. In the event of a conflict, the licence agreement takes precedence.
1.6. Filedatabase.eu reserves the right to change these terms at any time.
1.7. Deviations do not apply unless agreed in writing by Filedatabase.eu. Deviations from one or more provisions do not affect the applicability of the other provisions.
2.1. Due to the highly specialised nature of the Products, Filedatabase.eu sells them B2B only to professional vehicle tuners who are sufficiently trained and qualified to tune a vehicle without additional information, training or support from third parties.
2.2. By ordering or purchasing Products, the customer confirms that they are a professional vehicle tuner with comprehensive knowledge and training in vehicle tuning.
3.1. Information made publicly available by Filedatabase.eu, including on the website, is general in nature and may be corrected or changed. It is not generally tailored to individual or specific circumstances. Filedatabase.eu reserves the right to change product characteristics when deemed appropriate or necessary, or when required by an authority.
3.2. All offers and Products are subject to availability.
3.3. All prices shown on the website are based on the prices currently applied by Filedatabase.eu.
3.4. All prices are final prices in euros. VAT is not charged under the small-business exemption in section 6(1)(27) of the Austrian VAT Act (UStG).
3.5. Prices may fluctuate and may be changed on the website at any time.
3.6. The price valid when the order is confirmed applies to that order and is shown in the purchasing customer’s account.
3.7. Filedatabase.eu processes orders subject to availability and the limitations in these terms. It reserves the right to refuse orders for legitimate reasons, including suspected abuse of rights or customer misconduct.
3.8. Purchasing a Product does not include subsequent updates made by Filedatabase.eu. To obtain a software update, the customer must place and pay for a new order on the website.
4.1. In the tool shop, the customer selects a device, version and software modules, adds the selection to the cart and provides billing and shipping details. No user account is required. The correct serial number must be supplied for software activations on existing devices.
4.2. Before submitting the order, the customer can review and correct the selection and total. Payment is processed through Stripe. Once payment is confirmed, the order status and invoice are provided. Device dispatch and software activation are processed afterwards.
4.3. The file service is provided separately in the customer portal. A portal account is required; available credits and files are managed there.
5.1. The invoice is delivered to the customer after order confirmation and sent only by email. Customers must pay through the online payment provider Stripe unless expressly agreed otherwise with FILEDATABASE.EU.
5.2. FILEDATABASE.EU may offer other payment methods in the future. Any such methods will be announced on the website.
5.3. To secure online payments, transactions are encrypted using SSL technology.
5.4. Invoices for orders in this tool shop are issued by Mayk Biletti, FileDatabase.eu, through Stripe. VAT is not charged under the small-business exemption in section 6(1)(27) UStG.
6.1. Downloading a Product requires that (i) complete and accurate information about the vehicle to be tuned is provided to FILEDATABASE.EU using the relevant form and (ii) the file containing the information read from that vehicle’s engine control unit is uploaded.
6.2. After collecting and analysing the information provided under clause 6.1, the corresponding tuning software / tuning file is made available for download.
6.3. Product warranties depend on the customer providing correct and complete vehicle information. If information is incorrect, inaccurate or incomplete, FILEDATABASE.EU disclaims all warranties and conditions relating to the Products, including suitability for tuning a particular vehicle.
6.4. The customer is fully responsible for correctly installing the tuning software / tuning file on the vehicle. FILEDATABASE.EU accepts no obligation if installation cannot be completed for reasons other than a defect in the Product itself.
6.5. After downloading, the customer cannot return tuning software / tuning files or request a refund of the purchase price, without prejudice to the warranty provisions in clause 8.
7.1. The customer reserves the right to reject Products and cancel all or part of an order if the Products supplied do not meet applicable industry standards or practices, do not match the specific order, or are unsuitable for tuning the vehicle identified in the information submitted under clause 6.1.
7.2. The customer or recipient must inspect the Products on delivery. Any alleged damage, defect, non-conformity or other complaint must be described in writing within five days of delivery.
7.3. If FILEDATABASE.EU receives no written complaint within five days of delivery, the Products are deemed accepted.
8.1. For one year from delivery, FILEDATABASE.EU warrants that the Products are of merchantable quality, conform to applicable industry standards and practices, are suitable for the customer’s intended uses in the ordinary course of business, and are free from design, material and workmanship defects.
8.2. This warranty covers software only. Implementation of tuning software / tuning files in the vehicle is at the customer’s sole risk and excluded from the warranty under clause 8.1.
In particular, FILEDATABASE.EU does not warrant that (i) the Products meet the customer’s requirements; (ii) they work with other materials, electrical equipment, software, software packages, systems or data, including customer-supplied input data not provided by FILEDATABASE.EU; or (iii) the Products operate without interruption or error…
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