General Terms and Conditions (B2B) – modyfile.de
THE PRODUCTS OFFERED ON THIS WEBSITE ARE INTENDED EXCLUSIVELY FOR SALE TO AND USE BY PROFESSIONAL VEHICLE TUNERS AND ARE NOT SUITABLE FOR A NON-PROFESSIONAL AUDIENCE.
1. General Provisions
1.1. The legal relationship and any agreement between
modyfile.de
AutoService24 GmbH
Zeissweg 11
D-87700 Memmingen
Germany
and the customer shall be governed exclusively by these Terms and Conditions, unless otherwise agreed in a written agreement.
1.2. These General Terms and Conditions can be found on the website www.modyfile.de.
1.3. These General Terms and Conditions apply to every offer from modyfile.de and to every distance contract concluded between modyfile.de and the customer who uses or acquires tuning software / tuning files (the "Products") placed on the market by modyfile.de exclusively for professional purposes.
1.4. The terms and conditions specified on the website at the time the order is placed shall apply to and govern that order.
1.5. By ordering or purchasing products from modyfile.de via the website, the customer confirms that they have read and accepted these General Terms and Conditions. In particular, by purchasing, downloading, configuring, or using the products and their documentation, the customer expressly accepts the terms of the License Agreement, which forms an integral part of these General Terms and Conditions, and agrees to be bound by it. In the event of any conflict between these General Terms and Conditions and the License Agreement, the provisions of the License Agreement shall take precedence.
1.6. modyfile.de reserves the right to amend these General Terms and Conditions at any time.
1.7. Deviations or variances from these Terms and Conditions shall not apply unless agreed upon in writing by modyfile.de. Deviations from one or more articles of these General Terms and Conditions shall not affect the applicability of the remaining articles.
2. Professional Customer Status
2.1. Due to the highly specialized nature of the products, modyfile.de sells its products B2B only to professional vehicle tuners who are sufficiently trained, educated, and qualified in tuning vehicles, and who are capable of tuning a vehicle without additional information, training, or support from third parties.
2.2. By ordering or purchasing products from modyfile.de, the customer confirms that they are a professional car tuner with comprehensive knowledge and training regarding vehicle tuning.
3. Information, Orders, Prices, and Availability
3.1. Information made publicly available by modyfile.de (e.g., via the website) is general in nature and subject to correction and/or modification. This information itself is generally not adapted to personal or specific circumstances. modyfile.de reserves the right to modify the features of the products at any time if deemed appropriate or necessary, or if required by an authority.
3.2. All offers and products are subject to availability.
3.3. All prices stated on the website are based on the current rates applied by modyfile.de.
3.4. All prices are stated in Euros (€) and are exclusive of statutory VAT and all other applicable costs.
3.5. Prices may be subject to fluctuations and may be changed by modyfile.de on its website at any time.
3.6. The price valid at the time of order confirmation shall apply to that order and will be indicated on the purchasing account of the customer buying the product.
3.7. modyfile.de processes orders subject to availability and within the limitations set forth in these General Terms and Conditions. modyfile.de reserves the right to reject orders at any time for legitimate reasons, including but not limited to cases where misuse of rights or misconduct by the customer is suspected.
3.8. The purchase of a product does not include future updates made to the product by modyfile.de. In the event that the customer wishes to receive an update to their software, a new order must be placed and paid for on the website.
4. Ordering Process and Product Delivery
4.1. Before ordering a product, every customer must create an account. The customer account is created by completing the registration process and providing modyfile.de with current, complete, and accurate information as requested on the registration form. Providing false information (e.g., a fake or non-unique VIN / chassis number) may result in modyfile.de being unable to provide support for a specific project.
4.2. Once the customer account has been created, the customer may purchase products available in the webstore. The products purchased under this system consist of credits, which are used to download the tuning software / tuning file(s) corresponding to the purchased credits. Credits must be paid for in accordance with Section 5.
4.3. Purchased credits are stored in the customer's purchasing account and can be used at any time to download the corresponding products available in the webstore. Once a tuning software / tuning file is 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 application or request for a refund will result in immediate exclusion and termination of access to the website, services, and products.
5. Invoicing and Payment
5.1. Invoices are issued to the customer upon order confirmation and sent exclusively by email.
Customers are required to pay for the products via the online payment providers PayPal or Mollie, unless expressly agreed otherwise in writing with modyfile.de.
5.2. modyfile.de may offer alternative payment methods in the future. If modyfile.de introduces other payment methods, this will be announced via the website.
5.3. To ensure the security of online payments made by the customer, all transactions are encrypted using SSL technology.
5.4. In certain cases, credit may be granted allowing the customer to order a certain quantity of tuning files, which are invoiced retroactively by the billing company, taking into account the customer's country. For this purpose, all tuning files are charged at 1 credit each unless agreed otherwise in writing and confirmed by the provider.
6. Delivery of Products
6.1. Downloading a product requires that:
Complete and accurate information regarding the vehicle to be tuned is provided to modyfile.de via the corresponding form; and
The file containing the information read from the engine control unit (ECU) of the vehicle concerned is uploaded to modyfile.de.
7. Inspection and Complaints
7.1. The customer is obliged to inspect the delivered products upon receipt to ensure that the products provided by modyfile.de comply with applicable industry standards or practices, conform to the specific order, and are suitable for tuning the vehicle specified in the delivery note submitted to modyfile.de pursuant to Section 6.1.
7.2. The customer (or the recipient of the delivery, where applicable) must inspect the products upon delivery. In the event that the products are damaged or defective upon delivery, or if the order is non-compliant, a written description of the alleged damage, defect, non-conformity, or complaint must be submitted in writing within five (5) days from the delivery of the products.
7.3. If modyfile.de receives no written complaint from the customer within five (5) days following the delivery of the products, the products shall be deemed accepted by the customer.
8. Warranty
8.1. For a period of one (1) year from the date of delivery of the product, modyfile.de warrants that:
The delivered products are of merchantable quality, comply with applicable industry standards and practices, and are fit for the customer's intended uses and purposes in the normal course of business.
The delivered products are free from defects in design, material, and workmanship.
8.2. However, the warranty granted by modyfile.de covers only the software itself. The implementation and installation of the tuning software / tuning file(s) into the vehicle by the customer is carried out at the customer's sole risk and is therefore excluded from the warranty pursuant to Section 8.1.
In particular, modyfile.de does not warrant that:
The products will meet the specific requirements of the customer;
The products will operate in combination with other materials, in particular electrical components, software, software packages, systems, or data—including but not limited to input data provided by the customer that is not supplied by modyfile.de and that the customer intends to use;
The products will operate uninterrupted or error-free, or that they are free from bugs or errors.
modyfile.de