General terms and conditions (Affiliate)

  1. General / Contract formation
    1. All our offers are subject to availability. A purchase contract for purchases via online systems is formed when PCI Diagnosetechnik GmbH & Co. KG accepts your order by delivering the goods or sending an order confirmation. (For online auctions, please note the execution of the respective organizer. Here, the contract is usually formed by acceptance.)
    2. Your orders will be saved for 12 months. Should you lose any documentation of your orders, please contact us via e-mail, fax or telephone. We will gladly send you a copy of the order data. You can also inform us about any changes or extensions.
  2. Prices and terms of payment
    1. All our prices are subject to change. The prices listed at the time of ordering are valid. In online auctions, the prices set by the auction house at the time of acceptance are valid.
    2. On the last page of the ordering process, our prices include 19% value added tax and, for orders through our online system, shall be understood including the shown shipping costs, possibly including the shown cash on delivery fee, possibly including the additional costs for shipping outside of Germany (please request – cash on delivery and shipping outside of Germany requires a written confirmation by the customer due to the additional costs), installation and training costs etc. Depending on the shipping method, the shipping costs in individual agreements are calculated depending on the size, weight and number of packages and are shared with the customer in the respective offer. Business customers usually receive their order at previously fixed shipping costs.

      Customs and taxes on imported items can be levied depending on country of destination, price, type of goods and buyer and are charged by the transporter on delivery.

    3. Our invoices are due immediately and payable strictly net. A payment is only considered successful when it is at the disposal of PCI Diagnosetechnik GmbH & Co. KG. In case of a delay in payment, we have the right to charge interest for delay of 5% (for consumers) and 8% (for businesses) above the respective base interest rate of the European Central Bank according to the Discount Transition Rate. A bill of exchange or checks are only accepted if agreed upon or for processing and only count as payment after redeeming. Discount and collection charges are at the buyers charge. We do not assume liability for the timely submission.

    4. Entrepreneurs only have a right of retention if their counterclaim is based on the same contractual relationship and was determined valid or acknowledged by us.

    5. We hereby notify our drop shipping partners and retailers to be aware of the recommended retail prices (RRP) currently in effect, which can be found on our price lists or through a respective account in our online shop. If these are not acknowledged, we reserve the right to adjust these conditions without any announcement.
  3. Delivery deadline
    1. All articles that are immediately available from stock will generally start the delivery process within the first 24 hours. There is no obligation to that effect, if it goes beyond the legal framework. If an article is not immediately available, causing a delay in delivery, PCI Diagnosetechnik GmbH & Co. KG will generally inform the customer right away.

       

      Cash on delivery shipping takes place outside our own sales platform (www.pci-diagnosetechnik.de) and only after a written confirmation acknowledging the additional costs.

       

      Firm deals require a written confirmation by PCI Diagnosetechnik GmbH & Co. KG. Please contact us in a timely manner, fixing a firm deal is possible in most cases.

    2. The agreed upon delivery deadline starts with the unopposed or confirmed order.

    3. The delivery deadline may be extended by the amount of time the buyer needs to submit all information and documents required to execute the order.

    4. Delivery delays that are caused by official or administrative instruction (for example import and export restrictions) and that we are not responsible for extend the delivery deadline by the duration of such obstacles. In important cases, the beginning and end will be shared with the customer immediately.

    5. If the delivery delay is on our part, the liability for damages in cases of slight negligence is limited to the foreseeable damage. Further compensation claims are only valid in case of deliberate delay or gross negligence.
  4. Delivery, shipping, passing of risk
    1. Part-deliveries are permissible if they are reasonable for the buyer.

    2. If the buyer does not give explicit instructions, the type of shipment, the shipping route and the company tasked with shipping is chosen based on our assessment. Please note that shipments with different companies than the one we selected can cause additional costs. We will gladly inform you further.

       

      Cash on delivery shipping is not possible in all countries. We therefore reserve the right to deny cash on delivery shipping if this type of shipment has not been accepted in writing for the specific article and place of destination.

       

      We reserve the right to deny cash on delivery shipping if there are concrete, objective and understandable reasons in the person of the consignee that speak against this type of shipment. If this is the case, the fulfillment of the contract is left up to the customer, they are not bound to the contract.

    3. The risk is passed to the buyer when the shipment is delivered to the buyer by the freight forwarder. The buyer must immediately make a complaint to the forwarder or deliverer about any obvious or later determined transport damage and subsequently inform PCI Diagnosetechnik GmbH & Co. KG to assert claims.

    4. Please note our shipping and delivery information.
  5. Right of revocation in distance contracts
    1. Right of revocation

       

      You have the right to revoke this contract within 14 days without stating any reasons, as long as the goods do not include any electric / electronic components or were planned specifically for your vehicle; these are generally excluded from revocation.

      The revocation period is 14 days starting from the day that you or a third party, that was authorized by you and is not the deliverer, has accepted the wares.

      For training, a written revocation is required at least 14 days before the scheduled start of the training to reimburse you for the training fee, except for a processing fee of 30€. If there is no written revocation, the full training fee will be charged, due to the fact that we have to provide materials, referees and catering in advance.

       

      To exercise your right of revocation, you must inform us (PCI Diagnosetechnik GmbH & Co. KG – Schulstr. 44 – 93339 Riedenburg / Tel.: +49 9442 905603 – Fax: +49 9442 905604 – E-Mail: mail@pci-diagnosetechnik.de) of your decision to revoke the contract with a clear declaration (for example a letter sent by post, fax or by e-mail). You can use the given example revocation form, however, this is not a must.

       

      To keep the revocation period, it is enough to send a notice about exercising the right of revocation before expiration of the revocation period.

       

      Your right of revocation expires prematurely when your contractual / installation partner has, with your consent, begun the service execution before the end of the revocation period, or you did so yourself (for example by installing it yourself or sending the components etc.).

       

      Furthermore, the right of revocation does not apply in contracts

      – for the delivery of wares, that are not pre-made and for the production of which an individual selection or specification by the consumer is essential or wares that are clearly tailored to the personal needs of the consumer;

      – for the delivery of wares the value of which is dependent on fluctuations on the market, that the entrepreneur does not have an influence on;

       

      The right of revocation expires prematurely in contracts for the delivery of audio and video recordings or computer software in sealed packaging, if the seal was removed after delivery.

       

      Consequences of revocation

      If you revoke this contract, we are to return all payments that we have received from you, including the delivery costs (except for the additional costs that result from selecting a different type of delivery than the pre-selected, affordable standard delivery), promptly and within 14 days, starting from the day we receive the revocation notice about your order. For this return payment, we will use the same method of payment that was used for the original payment, unless something else was explicitly agreed upon with you. You will not be charged for any return payments. We can refuse the return payment until we have received our wares again or until you can prove that you have sent them back, depending on which occurs earlier.

       

      You are to return the wares to us in any case and within 14 days starting from the day we are given notice of your contract revocation. The period is kept if you send the wares before the period of 14 days is up.

       

      You are charged with the immediate costs  of returning the wares. You will only be financially liable for any loss in value of the wares if this loss in value can be traced back to handling not required to check the quality, property or function of the wares.

      Unsealed wares with software products are excluded from the right of revocation.

       

      End of the revocation policy.

  6. Redemption as goodwill / Refusal of acceptance
    1. After the revocation period of two weeks or for buyers that are not consumers according to § 13 of the German Bürgergesetzbuch, goods will only be taken back if they were delivered to the wrong address. In case of replacement, redemption or credit note requests, the cause of which PCI Diagnosetechnik GmbH & Co. KG is not responsible for, processing will take place only after a written confirmation from the seller. This is also valid in the case of arranged collection by PCI Diagnosetechnik GmbH & Co. KG to review the redemption request. The basic requirement for this is the quality of the wares and the resell-ability. The expected refundable amount is determined by the resell price at the time of collection, minus a processing fee of 10% of the invoice amount.

       

      This rule is often changed to benefit the buyer. We will do our best to always find a satisfying and reasonable solution for the customer.

    2. If a buyer, who is not a consumer according to § 13 of the German Bürgergesetzbuch, does not accept the sold wares, we have the right to demand either acceptance of the wares or 10 % of the retail price as a general damage and expense reimbursement, unless the buyer can prove that no damage or a small amount of damage occurred. In the case of especially high damage, we reserve the right to lay claim to it. PCI Diagnosetechnik GmbH & Co. KG has the right to store the delivery items at the premises, at a freight forwarder or in a storage hall at the buyers risk for the duration of the default of acceptance by the buyer. For the duration of the default of acceptance, the buyer must pay 15,- EUR flat a month to PCI Diagnosetechnik GmbH & Co. KG for the arising storage costs. The flat reimbursement fee will decrease, depending on proof from the buyer that no additional expenses or damage has occurred. In the case of unusually high storage costs, we reserve the right to assert them.
  7. Reservation of ownership
    1. We reserve the ownership of the bought object until all claims from the delivery contract including all secondary claims (for example exchange costs, financing costs, interest, etc.) have been payed as long as nothing else is agreed upon. We have the right to demand the bought object back if the buyer acts contrary to the contract. Taking back or seizing the reserved object is not grounds for a withdrawal from a contract.

    2. The buyer must immediately notify us in writing in case of seizure or other interventions by third parties.

    3. Processing or remodeling of the bought object by the buyer will always be made for us. If the bought object is processed with other items that do not belong to us, we obtain co-property of the new object proportional to the value of the bought object and the other processed items at the time of processing.

    4. The buyer has the right to to sell the wares as part of a proper business routine. However, the buyer assigns all claims from the resale to the customer or third parties to us in the total invoice amount.
  8. Liability and Legal Disclaimer / Retrofitting / Selling automotive electronics
    1. For a duration of 24 month after the delivery date, we guarantee that the delivered wares are, depending on the state of the art, free from errors. A liability for normal wear and tear is excluded. The liability period lasts 14 days after the delivery date, with underwriting guarantee. Non-significant deviations in colour, measurements and/or other quality/performance traits of the wares do not justify any claims by the buyer, especially not liability claims.

    2. We do not assume liability for flaws and damage that result from inappropriate or incorrect use, disregarding instructions or flawed/negligent handling. This especially applies to operating the devices with the wrong type of energy/voltage and the connection to inappropriate energy sources. (These include connecting systems with 12V input without the respective broad area converter or inappropriate converters to the vehicle net.) The same applies to flaws and damage that resulted from fires, lightning strikes, explosions or power grid overvoltage, humidity of any kind, wrong or missing program software and/or processing data, unless the buyer can prove that these circumstances were not the cause of the flaw.

       

      Furthermore, we do not assume liability for damage that was caused by incorrect use / installation, incorrect processing or alteration, unauthorized / flawed subsequent improvement/installation/servicing attempts or any other procedure on the delivered wares by the buyer or third parties.

      Generally, please note that we – PCI Diagnosetechnik GmbH & Co. KG, CEO Andreas Vetter – do not offer a warranty / a guarantee / a follow-up guarantee / an accommodation claim on the continued existence of a possible vehicle guarantee / warranty. The latest warranty / guarantee guidelines from the respective manufacturers apply.
      Should our research indicate that the asserted flaw is non-existent or was caused by the customer, the customer will bear the ascertained costs of our research.

    3. The warranty expires if the buyer works on and/or makes repairs on devices or has a third party, that was not authorized by PCI Diagnosetechnik GmbH & Co. KG, do the same, as long as the flaw is based on it.

    4. Obvious flaws must be reported immediately in writing or at the latest, ten business days after receiving the shipment. Otherwise, all claims for defects are invalid. Additionally, §§ 377, 378 of the German Commercial Code apply to commercial relations.

    5. If a defect appears in the bought object within one year of the delivery date, the consumer can choose between asserting his right of defect removal or demand delivery of defect-free wares (subsequent performance). As a part of delivery of defect-free wares, exchanging them for higher quality products is deemed to be accepted. If the chosen type of subsequent performance is connected with disproportionate costs, the claim will be limited to the respective other type of subsequent performance. Further rights, especially the revocation of the contract, can only be asserted after a sufficient period of time for the subsequent performance has passed or two failed attempts at a subsequent performance took place.

    6. After the first year has passed, the claim is usually limited to subsequent improvement, due to the fact that branch specific occurring costs are often disproportionately high (§ 439 II German Bürgergesetzbuch). Should PCI Diagnosetechnik GmbH & Co. KG exchange it for a higher quality product as part of the subsequent improvement, it is already deemed as accepted. Further rights, especially the revocation of the contract or the reduction of the purchase price, can only be asserted after a sufficient period of time for the subsequent performance has passed or two failed attempts at a subsequent performance took place.

    7. If the buyer is a contractor, we have the right of deciding between defect removal or delivery of defect-free wares according to § 439 German Bürgergesetzbuch within one year of the delivery date. After one year has passed since the delivery date, the contractors warranty claims of our choosing are limited to defect removal or current value. Should the contractor demand reimbursement for expenses according to § 478 II German Bürgergesetzbuch, it is limited to a maximum of 2% of the original value. Claims that go back to § 478 German Bürgergesetzbuch are excluded by the 24 month warranty for contractors after 8.1 for the purpose of the equivalent compensation according to § 478 IV, s. 1 German Bürgergesetzbuch.

    8. No new warranty/guarantee periods will take effect through an exchange as part of warranty/guarantee. § 203 of the German Bürgergesetzbuch remains in effect.

    9. Further claims by the buyer – no matter on which legal basis – are excluded, with the exception of a liability for risk to life, body and health and unless nothing else has been explicitly agreed upon. Therefore, we do not assume liability for damage that did not occur directly on the delivered object: we also do not assume liability for any lost profits or other financial loss of the buyer. Relief from liability does not take effect if the damage was caused on purpose, gross negligence or the absence of a warranted property, breach of duties essential to the contract, delay in performance, impossibility, as well as claims according to the §§ 1, 4 of the German Product Liability Act. We do not assume liability for the restoration of data, unless we caused the loss on purpose or by gross negligence and the buyer has ensured that the data is secured to make restoration of the data possible with reasonable effort.
  9. Return shipments from Non-EU countries
    1. Customers from non-European countries should declare the worth of the interface cable that is being sent in for repairs to be less than 5 Euros, otherwise the sender will be charged with the customs fees.

  10. Deterioration of the financial situation
    1. PCI Diagnosetechnik GmbH & Co. KG can step back from the contract if one the following becomes known about the financial situation of the buyer: default, opening a bankruptcy/court proceeding, denying bankruptcy for lack of assets, bill of exchange or check protests or other concrete signs.
  11. Software, Literature
    1. For delivered software, not only do our own conditions apply, but the special licence conditions and others of the manufacturer also apply. By accepting the software, the buyer explicitly acknowledges their validity.
  12. Utilization of customer data
    1. We are authorized to process all data that concerns our business relations with the buyer, according to the German Federal Data Protection Act. Naturally, we do not give customer data to third parties without the customers consent!

       

      For further questions about privacy, disclosure or change requests, please contact mail@pci-diagnosetechnik.de. Please also note the information here.

  13. Export license
    1. The buyer must obtain the possibly required agreements for exporting wares from the federal agency of trade and industry in Eschborn/Taunus in his own name and at his own expense. Failure to obtain this export license does not authorize the buyer to step back from the contract.
  14. Place of jurisdiction, partial ineffectiveness, applicable law
    1. In business relations with traders and with a corporate body under public law, the place of jurisdiction for any legal disputes resulting from the contract, including bill of exchange and check protests, is Kelheim. We are also authorized to file a suit in the buyers place of business.

    2. In case of ineffectiveness of separate clauses of the delivery contract or the general terms and conditions, the rest of the clauses remain in effect.

    3. In business relations with consumers in the European Union, the law at the consumers place of residence can also be applied, provided it is strictly a matter of consumer rights clauses.
  15. Support contracts and technical support
    1. We do not assume liability for possible damage or problems that were/may be caused directly or indirectly by our technical assistance and our technical support. We recommend always using the repair manual for the respective vehicle made available by the manufacturer.

    2. The articles in question are support contracts with a minimum run time of 12 months.

    3. The regular payment interval can be found in the article description and is selected by the customer upon purchase. The payments are to be made by the customer at the specified intervals and in the full amount.

  16. Provider information
    1. The contracts will extend tacitly by 12 months, if there was no written notice of cancellation sent to the following address at least one month before expiration of the contract year.

      PCI Diagnosetechnik GmbH & Co. KG,

      Schulstraße 44,

      93339 Riedenburg,

      Deutschland