Terms 'n Conditions
Terms & Conditions including return policy and disclaimer
General conditions area of application the contract by the company ebike-chip.at | Josef Waidacher is closed, only under following conditions, which are to be regarded as a component of the contract. One contradicts to opposing one general trading conditions of the contracting party expressly. The trading conditions apply to all present and future business relations, both to business with private people, and with legal entities in the sense of right.
1. Contract conclusion all offers are always not-binding. Technical changes as well as changes in form, color and/or weight remain reserving in the context of the reasonable one. In catalogs, folders, announcements and price lists or the prices and technical data contained in the documents belonging to the offer can change. Effected within the 10 days no confirmation of order does not apply the contract as closed, it is the commodity was delivered. The company ebike-chip.at is entitled to require during placing of order an appropriate pre-payment.
2. Terms of payment all prices understand themselves during collection at the company headquarters of the company ebike-chip.at Josef Waidacher. Additional service, e.g. transfer costs is computed additionally to the conveyed cost estimate/calculations. The purchase price is due, according to the confirmation of order, at the latest in the case of the supply and can be raised also by cash on delivery. Up to the complete payment of the purchase price the property at the supplied hardware, documentation and/or provided programming as well as all articles and services remains with ebike-chip.at. Furthermore the customer up to the complete payment is obligated to treat the order article pfleglich. If maintenance and inspection work or installation costs are necessary, the customer has to carry these at own expense. Same applies with installation of the hardware into the controller (verl. retention of title). The customer is obligated, access third to the commodity, approximately in the case of a seizing to communicate as well as any damages or the destruction of the commodity immediately. A change of ownership to the commodity as well as the own domicile change has the customer with ebike-chip.at to indicate immediately. With delay of payment ebike-chip.at is justified to compute interests at a value of 5 % over the respective rate of discount of the Austrian Federal Bank without a large damage caused by default is excluded to that extent. Opposite the entrepreneur ebike-chip.at reserves itselfchip tuning to prove and make a higher damage caused by default valid. The customer is a right for set-off only, if its counterclaims were validly determined or by ebike-chip.at recognized. The company ebike-chip.at is entitled to take into account despite differently reading regulations of the customer, first on its oldest debt. Already if costs arose, then ebike-chip.at is justified, the payments first at the expense to take into account then at the interest and last on the main achievement. If the customer does not follow his liabilities as stipulated, places his payments in to require or it other circumstances well-known, which question the credit-worthiness of the customer, is entitled the company ebike-chip.at to place the entire balance of debt due pre-payments or securities. ebike-chip.at is justified to withdraw with behavior contrary to the terms of the agreement of the customer, in particular with delay of payment or with injury of an obligation of this regulation from the contract and out-require the commodity. The buyer remains it unbenommen to lead the rebutting evidence that an actual damage did not develop or smaller. The set-off in relation to pecuniary claims of the company ebike-chip.at is impossible, it is, the counterclaims of the buyer is indisputably or validly . As far as the customer is a buyer and the contract belongs to enterprises of its trade, the managing applies according to paragraph also to rights of lien. Calculations are immediately due. The payment effected against cash, cash on delivery or prepayment if something else was not agreed upon in writing. Deductions or discount payment run gene are not possible without the written agreement of ebike-chip.at. During the placing of order if a prepayment is agreed upon, then this is to be carried out before beginning of work.
3. Date of delivery all data of delivery times in the data of the company ebike-chip.at are noncommittal and represent no offer in the sense of right. The date of delivery indicated for contract conclusion is only estimated and may be exceeded around 6 weeks. If the buyer reminds the achievement on thereafter under appropriate period, then the company ebike-chip.at comes at expiration of the term into delay, unless the kind of manufacture and the condition of the ordered commodity justify a further respite for construction dependent reasons. In this case the company ebike-chip.at is obligated, the buyer the duration of the delay immediately admits to give. Requirements of the customer on compensation and other damage caused by default are to that extent impossible, unless the late supply is to due to resolution or rough negligence of the company ebike-chip.at.
4. Scope of supply the company ebike-chip.at supplies pre-programmed Tuning chip, Tuningbox or another electronic measure, after best knowledge and newest conditions of the technology without guarantee for a perfect function in the vehicle described by the buyer. The buyer, it takes over the installation and a any tuning of the engine is, it is agreed upon in the context of the order, something else. The buyer does not have a requirement on a guidance for programming or umprogrammierung of the Tuningkits (and/or the software). ebike-chip.at is not responsible for damage, which can result from the in or change at the vehicle.
5. Return policy
with remote paragraph of the consumers has the right to return the object of the purchase within two weeks after receipt of the commodity. The return right can only by return of the commodity, or, if the commodity not when package can be dispatched, by cancelling demands is exercised; for period keeping the punctual sending off is sufficient. The buyer bears the cost of the return. The consumer has to carry indemnification according to value out for a degradation resulted from the intended putting into use of the commodity. The consumer may examine the commodity carefully and carefully. The depreciation, which leads going out use across the pure examination to it that the commodity no more than "again" cannot being sold, has the consumer to carry. Special orders or particularly for the customer made article or services are excluded from the conversion and the cancelling. With the return the commodity must be packed as far as possible with the original packing material.
You can use also this form to return the item: sample form (https://www.ebike-chip.at/retourenformular.pdf)
6. Passage of the risk the danger turns into with the delivery of the commodity by the parcel service to the buyer. The installation takes place on danger of the buyer. Place of delivery is the registered place of business of the company ebike-chip.at. If the buyer rejects the acceptance of the duly supplied commodity, ebike-chip.at compensation is entitled to the company because of default. Same applies, if the orderer receives a supply announcement of the company ebike-chip.at and does not remove not within one period which can be set from 14 days the duly made available commodity. In all cases, in which the customer is obligated to compensation because of default, the company ebike-chip.at is to be required entitled, a compensation lump sum at a value of 15 % of the invoice amount excluding value added tax, without it requires a proof of the damage actually developed. By it the asserting of a higher damage remains unaffected, if this is provable. The customer remains it unbenommen to lead the rebutting evidence that an actual damage did not develop or smaller.
7. Adhesion the company ebike-chip.at is responsible only for resolution and rough negligence. An adhesion of the company ebike-chip.at for transportation and dispatching damage is expressly excluded. Likewise the company ebike-chip.at is not responsible for possible damage, those by the installation of the Tuning chip, which can develop for Tuningbox or other electronic construction units. The company ebike-chip.at clings only for the fact that the Tuning chip, which is functional Tuningbox or other electronic measures with sending off. Or other electronic construction units before the sending off the buyer has to offer the proof for damage of the tuning module. The buyer it is well-known that the employment and the use of a Tuning chip, which leads tuning modules or others the achievement increasing measures to expiring the general operating permit and therefore the ebike may not be used in the public traffic. The company ebike-chip.at does not take over adhesion for damage, which develops in the public traffic, if the Tuning chip, which Tuningbox or other electronic measures in the vehicle was blocked. As far as by achievements by us or the employment by our products changes of performance data of vehicles are manufactured, the general operating permit of the vehicle expires. The vehicle corresponds to the requirements of the force driving law and thus and/or thus also its insurance protection due to such changes no longer can lose. Converted bicycles may only be used on private property. Operation in public traffic is expressly prohibited by law!
The installation and operation of a tuning module is your own responsibility; liability for damage or consequential damage as well as legal consequences for ebike-chip.at are excluded in any case. We take over expressly no adhesion for damage of the customer or third, who results from the neglect of these references and the legal regulations. Further the company ebike-chip.at does not take over a warranty for an increase in output of the vehicle due to the Tuning chip, the Tuningbox or other electronic measures, since an increase in output is dependent even on further components of the engine. Likewise the company ebike-chip.at is not responsible for direct or indirect (lack damages, further-corrosive lack) damage to the engine, those due to the Tuning chip, which can develop for the tuning module or other electronic measures. Any requirements of the buyer from positive violation of contract or from deliktischen requirements are just as impossible, as far as resolution or rough negligence is not to be proven ebike-chip.at on the part of the company.
8. Guarantee/compensation the guarantee amounts to starting from the time of dispatching or the installation 24 months. The company ebike-chip.at carries guarantee for the respective state of the art out appropriate accuracy of the software and the EPROM of the Tuningkit. As far as with vehicles, which are in the warranty or guarantee, by installation of the Tuning chip, which should escape the work warranty granted by the original manufacturer, the company ebike-chip.at does not transfer the aforementioned warranty, it for its part is, it is in the context of the order something else agreed. A guarantee in the case of the self installation by the buyer presupposes that the customer the Tuning chip, who inserts and/or insert professionally. By inappropriate installation the chip or the Tuningbox destroyed is impossible a guarantee. Furthermore a guarantee is impossible, if the vehicle is used during competition travels or the vehicle in of us is technically changed authorized way. Requirements on transformation, change or reduction of the sales contract are impossible if we our above guarantee fulfill. It should turn out with the examination of a case of repair in the period of warranty that no defect is present, then the buyer has to carry the examination costs in its entirety.
9. Reserves itself returns the company ebike-chip.at to refuse with without being asked sent in consignments of goods the acceptance. Also here the buyer on the package has to attach a "RMA number", which he has to inquire in advance by telephone or online at ebike-chip.at.
10. The right of the Federal Republic of Austria applies for area of jurisdiction/final clauses. The regulations of the UN sales law as well as international private law do not apply. If the customer is buyer, legal entity of the public right or public special estate, exclusive area of jurisdiction for all disputes from the present Treaty is Spittal an der Drau, Austria. The same applies, if the customer does not have a general area of jurisdiction in Austria or domicile or usual stay does not admit at the time of the complaint collection is.
11. Salvatori clause is or becomes one of these regulations totally or partly legally ineffective, then the remaining regulations are not affected of it. The regulation concerned is to be laid out in such a way, as it would come in legally effective way the will of the parties next. Changes & mistakes reserve.