General Terms and Conditions B2B Filedatabase.eu

THE PRODUCTS OFFERED ON THIS WEBSITE ARE INTENDED SOLELY FOR SALE AND USE BY PROFESSIONAL VEHICLE TUNERS AND ARE NOT SUITABLE FOR A NON-PROFESSIONAL AUDIENCE.

1. General.

1.1. The legal relationship and any agreement between

Filedatabase.eu

Sportplatzgasse 32b
2443 Leithaprodersdorf
Austria

and the customer are exclusively subject to these terms and conditions unless otherwise agreed in a written agreement.

1.2. The General Terms and Conditions can be found on the website (www.Filedatabase.eu).

1.3. The General Terms and Conditions apply to every offer from Filedatabase.eu and to every concluded distance contract between Filedatabase.eu and the customer who uses or purchases tuning software/tuning files (the “Products”) exclusively for professional purposes that have been made available in the market by Filedatabase.eu.

1.4. The terms and conditions that are specified on the website at the time of the order apply to that order.

1.5. By ordering or purchasing products from Filedatabase.eu via the website, the customer confirms that they have read and accepted the General Terms and Conditions. By purchasing, downloading, configuring, or using the products and their documentation, the customer expressly also accepts the terms of the license agreement, which is fully part of these General Terms and Conditions, and agrees to be bound by this license agreement. In the event of conflicts between the General Terms and Conditions and the license agreement, the provisions of the license agreement take precedence.

1.6. Filedatabase.eu reserves the right to amend the General Terms and Conditions at any time.

1.7. Deviations or exceptions to these terms are not valid unless agreed upon in writing by Filedatabase.eu. Deviations from one or more articles of the General Terms and Conditions do not affect the applicability of other articles of these terms.

2. Professional Customer

2.1. Due to the highly specific nature of the products, Filedatabase.eu sells its products B2B only to professional vehicle tuners who are sufficiently trained, educated, and qualified in tuning a vehicle and can tune a vehicle without additional information, training, or support from a third party.

2.2. By ordering or purchasing products from Filedatabase.eu, the customer confirms that they are a professional vehicle tuner with extensive knowledge and training in vehicle tuning.

3. Information, Orders, Prices, and Availability

3.1. The information made publicly available by Filedatabase.eu (e.g., on the website) is of a general nature and is corrected and/or updated. This information is not generally adapted to personal or specific circumstances. Filedatabase.eu reserves the right to change the characteristics of the products at any time if deemed appropriate or necessary or required by an authority.

3.2. All offers and products are subject to availability.

3.3. All prices listed on the website are based on current pricing applied by Filedatabase.eu.

3.4. All prices are in Euros and exclude statutory VAT and any other applicable costs.

3.5. Prices are subject to fluctuations and can be changed at any time by Filedatabase.eu on its website.

3.6. The price applicable at the time of the order confirmation applies to that order and is indicated on the customer’s purchase account.

3.7. Filedatabase.eu processes orders subject to availability and within the limitations specified in these terms. Filedatabase.eu reserves the right to reject orders at any time for legitimate reasons, including but not limited to suspected misuse or misconduct by the customer.

3.8. The purchase of a product does not include updates made to the product by Filedatabase.eu. If the customer wishes to receive an update of their software, a new order must be placed and paid for on the website.

4. Product Ordering Process and Delivery

4.1. Before ordering a product, each customer must create an account. The customer account is created by completing the registration process and providing Filedatabase.eu with current, complete, and accurate information as specified in the application registration form. Providing false information (e.g., a fake or non-unique vehicle identification number) may result in Filedatabase.eu being unable to provide support for a specific project.

4.2. Once the customer account is created, the customer can purchase products available in the web store. The purchased products consist of credits that can be used to download tuning software/tuning files corresponding to the purchased credits. Credits must be paid as outlined in Article 5.

4.3. Purchased credits are stored in the customer’s purchase account and can be used at any time to download the corresponding products available in the web store. Once a tuning software/tuning file has been downloaded, the available credits are reduced by the amount corresponding to the downloaded product.

4.4. Purchased credits cannot be canceled and are non-refundable. Any request for a refund will result in immediate exclusion from the website, services, and products.

5. Invoice and Payment

5.1. The invoice will be sent to the customer upon order confirmation and will only be delivered via email.

Customers are required to pay for products using the online payment provider “PayPal” or Stripe unless expressly agreed otherwise with Filedatabase.eu.

5.2. Filedatabase.eu may offer other payment methods in the future. If Filedatabase.eu uses other payment methods, this will be announced on the website.

5.3. To ensure the security of online payments made by the customer, all transactions are encrypted with SSL technology.

5.4. In some cases, a credit may be granted, and the customer may order up to a certain amount of tuning files, which will subsequently be invoiced by the billing company based on the country. Each tuning file is calculated as 1 credit unless otherwise agreed, requiring written confirmation from the provider. For the German region, we work with Maxchip Ltd. & Co. KG, Tal 44, 80331 Munich, Germany, Tel.: +436765225940, Email: info@maxchip.de. Invoices for Germany, Austria, and Switzerland are exclusively issued by this company, according to an agreement between the companies.

6. Delivery of Products

6.1. Downloading a product requires that (i) Filedatabase.eu is provided with complete and accurate information about the vehicle to be tuned as per the relevant form and (ii) the file containing information read from the vehicle’s engine control unit is uploaded.

6.2. After collecting and analyzing the information provided under Article 6.1, the corresponding tuning software/tuning file will be made available to the customer for download.

6.3. The warranty on the products requires that the customer provides correct and complete information about the vehicle to be tuned. In the case of false, inaccurate, or incomplete information, Filedatabase.eu disclaims all warranties and conditions related to the products, including all warranties of suitability for tuning a specific vehicle.

6.4. The customer is fully responsible for the correct installation of the tuning software/tuning file on the vehicle, and Filedatabase.eu assumes no obligation if the installation cannot be carried out due to circumstances other than a defect in the product itself.

6.5. After downloading, the customer cannot return the tuning software/tuning file or request a refund for the product price. This is without prejudice to the provisions of Article 8 regarding the warranty.

7. Inspection and Acceptance

7.1. The customer reserves the right to reject products and cancel their order in whole or in part if the products provided by Filedatabase.eu do not meet applicable industry standards or practices, do not conform to the specific order, and/or are not suitable for tuning the vehicle specified on the delivery note presented to Filedatabase.eu under Article 6.1.

7.2. The customer or, where applicable, the person to whom the delivery is made must inspect the products upon delivery. If the products are found to be damaged or defective upon delivery, or if the order is non-compliant, a written description of the alleged damage, defect, non-compliance, and/or any other complaint must be made within five days of delivery.

7.3. If Filedatabase.eu does not receive a written complaint from the customer within five days of delivery, the products are considered accepted by the customer.

8. Warranty

8.1. For a period of 1 year from the date of delivery of the product, Filedatabase.eu guarantees that:

The delivered products will be of merchantable quality, meet applicable industry standards and practices, and be suitable for the intended uses and purposes of the customer in the ordinary course of business.
The delivered products will be free of design, material, and workmanship defects.

8.2. The warranty granted by Filedatabase.eu, however, only covers the software. The implementation of the tuning software/tuning file(s) by the customer in the vehicle is done at the customer’s sole risk and is therefore excluded from the warranty under Article 8.1.

In particular, Filedatabase.eu does not guarantee that (i) the products meet the customer’s requirements; (ii) they work with other materials, including but not limited to input data provided by the customer, which are not provided by Filedatabase.eu and that the customer intends to use; (iii) the products will function without interruption or error and are free of defects.

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