Terms

Terms of Service

General information

1. The company 24/7 TUNINGFILESERVER, hereinafter referred to as “24/7 TUNINGFILESERVER” is registered in the commercial register in England.
2. After placing the order, 24/7 TUNINGFILESERVER sells and delivers optimized automotive software for engine management systems, tuning hardware and tuning software.
3. Unless otherwise agreed in writing, the following terms and conditions apply to all services on this website.
4. 24/7 TUNINGFILESERVER only accepts your own terms and conditions, not the ones of the buyer.
5. 24/7 TUNINGFILESERVER reserves the right to change the terms and conditions at any time. The current terms and conditions can always be found on the website of 24/7 TUNINGFILESERVER.
6. 24/7 TUNINGFILESERVER will not inform your buyers whenever they change the terms and conditions, as they are always kept up to date on the 24/7 TUNINGFILESERVER website.

Offers and contracts

1. All 24/7 TUNINGFILESERVER offers are non-binding and are valid for a period of 14 days unless otherwise agreed in writing.
2. A contract is always concluded when both parties sign this, or when an order in the online shop is sent by the buyer, this is considered accepted by 24/7 TUNINGFILESERVER.
3. All prices and information on the website of 24/7 TUNINGFILESERVER have been created with great care. However, if errors have crept in by mistake, then 24/7 TUNINGFILESERVER has the right to correct them without liability for the damage.
4. 24/7 TUNINGFILESERVER is not obligated to accept all orders and can not be obligated to compensation or damages.
5. 24/7 TUNINGFILESERVER requires the correctness of the information given by the buyer when transmitting the software data. Sämlichte defects on the vehicle MUST inform the buyer when submitting the order. 24/7 TUNINGFILESERVER is not liable for damage to the vehicle.
6. All information, files and delivered software products are the intellectual property of 24/7 TUNINGFILESERVER

Operation in the delivery of automotive software

1. 24/7 TUNINGFILESERVER only processes unencrypted files from master devices and their own slave structure. The buyer orders the software through 24/7 TUNINGFILESERVER’s webshop and pays in advance with previously purchased credits. 24/7 TUNINGFILESERVER then creates with great care the ordered software for the buyer and uploads them in the user panel, so that the buyer can download them afterwards. The processing time ranges from one hour to one working day.
2. All delivery instructions from 24/7 TUNINGFILESERVER are non-binding. The mere non-compliance with the delivery time does not constitute a non-performance of the contract. If the delivery time can not be met, 24/7 TUNINGFILESERVER will inform the buyer immediately.
3. The buyer submits all necessary data to 24/7 TUNINGFILESERVER.

Working process for the delivery of tuning hardware or software

1. If the product is handed over to the shipping company, it is considered delivered.
2. 24/7 TUNINGFILESERVER organizes the transport at the risk and expense of the seller. Payment is made here by Paypal or bank transfer.
3. The products are all delivered by mail to the buyer’s address. If it is a software, such as. WinOLS then the dispatch takes place by email.
4. The specified delivery time is usually adhered to, but is not binding.
5. After receipt of the goods, the buyer must check these immediately and complain about defects.
Payment system and payment

1. Payment for the vehicle software (tuning file) is made exclusively via credits. These must be purchased by the buyer before ordering the vehicle software and are not transferable.
2. Prices are always in Euro and include VAT.
3. 24/7 TUNINGFILESERVER is entitled to adjust prices once a year according to the consumer price index.
4. Price increases are not specified separately, but are directly visible in the shop.

Intellectual property
1. Sämltiche supplied tuning files, vehicle software, as well as other products that are manufactured directly by 24/7 TUNINGFILESERVER, are the intellectual property of 24/7 TUNINGFILESERVER and are to be understood as a license to use. Sale, display, transfer or duplication of these products is simply prohibited!
2. A violation of 24/7 TUNINGFILESERVER’s intellectual property entitles 24/7 TUNINGFILESERVER to claim damages.
3. In each case, the buyer is obliged to pay a contractual penalty of € 3,000.-. Furthermore, 24/7 TUNINGFILESERVER reserves the right to assert the resulting total damage.

Complaints

1. Complaints must be made in writing for delivered files within 24 hours, for all other products within 5 days. These must be as detailed as possible. For tuning files, an error memory expression must always be appended with the appropriate error codes.
2. Complaints relating to performance data and achievement of the tuning values specified by 24/7 TUNINGFILESERVER will not be accepted, unless the result has a deviation of more than 20% of the stated values. 24/7 TUNINGFILESERVER will immediately try to deliver a modified software.
3. The submission of complaints does not exempt the buyer from his payment obligations. The buyer does not have the right to postpone or refuse payment.
4. If the claim of the buyer is justified, he has the right to a new delivery of the tuning file.
5. The buyer is not entitled to a refund. See also “No refund policy”.

Warranty

1. 24/7 TUNINGFILESERVER assumes no liability for the proper functioning of the files, but confirms that should a file not work, they should be revised free of charge and promptly.
2. The installation of the tuning files is carried out by the buyer, for which we assume no liability.

Winol’s Reseller Database:

1. 24/7 TUNINGFILESERVER provides automated projects for sale through a reseller feature of EVC / WinOLS.
2. Payment is in credits.
3. These must be previously purchased by the buyer.
4. The download is fully automatic
5. 24/7 TUNINGFILESERVER requires certain knowledge from the buyer for the final inspection of the tuning projects, or at least for checking for serious errors in the software.
6. 24/7 TUNINGFILESERVER presupposes that the buyer can at least serve WinOLS and recognize the differences.
7. If the buyer is missing a bug in the project software, this 24/7 TUNINGFILESERVER must be reported immediately.
8. 24/7 TUNINGFILESERVER will correct this error immediately and provide the buyer with the new file.
9. 24/7 TUNINGFILESERVER is in no way liable for errors in the software.

Liability of the buyer

1. The buyer is aware that any changes to the vehicle of his customers, in particular a change in software, lead to the revocation of the operating license for the customer, should he not register the changes in the vehicle documents.
2. The buyer is informed that he uses all files at his own risk and informs his customers if he considers this necessary.
3. 24/7 TUNINGFILESERVER assumes no liability here and the buyer further declares that he will indemnify and hold 24/7 TUNINGFILESERVER harmless in all respects.
4. 24/7 TUNINGFILESERVER therefore recommends that all files that are not permitted under the Highway Code should only be tested on private facilities or on the racetrack.
5. The buyer is aware that vehicles with more power over the software are exposed to heavier loads and are aware of the consequences.
6. 24/7 TUNINGFILESERVER is not liable for defects resulting from inadequate fulfillment of the contractual obligations or for defects in the delivered software.
7. 24/7 TUNINGFILESERVER shall under no circumstances be liable for any damages, including consequential damages, replacement vehicle procurement, fines or voiding the manufacturer’s warranty.
8. 24/7 TUNINGFILESERVER is not liable for damages caused by failure to comply with the information and examination obligations of the buyer. 24/7 TUNINGFILESERVER can not be held liable for incorrect or incomplete information provided by the buyer to its customers.
9. Claims for damages by third parties against 24/7 TUNINGFILESERVER are excluded.
10. 24/7 TUNINGFILESERVER excludes all liability towards third parties and the buyer on hardware, body and life in all cases.
11. If a liability occurs, which does not provide liability, then 24/7 TUNINGFILESERVER is liable with the sum of the purchase price, or the paid credits, but with a maximum of 500 €.

Retention of title

1. The goods remain the property of 24/7 TUNINGFILESERVER until full payment.

Indemnification

1. The Buyer undertakes to indemnify and hold 24/7 TUNINGFILESERVER harmless in all claims for damages of third parties, even if it can cause damage.

Severability clause

Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, this shall not affect the validity of the remaining provisions of the contract. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision, the effects of which come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.

Jurisdiction

All points are subject to English law and are to be paid to the English Commercial Court. 24/7 TUNINGFILESERVER reserves the right to change the jurisdiction.