Terms & Conditions

ELBE TUNING TERMS OF USE

1. Object and General Provisions of Terms of Use

  • 1.1 These terms of use of Elbe Tuning e-shop (hereinafter Terms of Use) regulate legal relations between the administrator of Elbe Tuning e-shop at elbe-engineering.com (hereinafter Elbe Tuning) who is Elbe Tuning Parts OÜ (registry code 16027490, address Teguri 37b, Tartu 50107 ESTONIA, tel. +372 5204688, e-mail info@elbe-engineering.com, hereinafter Seller), and Elbe Tuning user (hereinafter Buyer), arising from the use of Elbe Tuning and transactions entered in the course of such use, as well as the general terms of using Elbe Tuning.
  • 1.2 Elbe Tuning services include the possibility for the Buyer to enter into a purchase and sale contract with the Seller on the Elbe Tuning website in respect of the item(s) sold at Elbe Tuning (hereinafter Product/Products or Goods). In addition to that, the Buyer can also use the Elbe Tuning webpage to enjoy other services offered by Elbe Tuning. A more detailed and complete list and description of Elbe Tuning services can be found on the Elbe Tuning website at elbe-engineering.com.
  • 1.3 Prior to entry into the purchase and sale transaction in respect of the Products and when using other Elbe Tuning services, the Buyer confirms that he or she has read the Terms of Use, agrees to follow and comply with them and considers them to be binding conditions of the transaction entered into with the Seller. The Buyer who does not agree with the Terms of Use is forbidden to enter into the purchase and sale transaction with the Seller in respect of the Product.
  • 1.4 In addition to the Terms of Use, legal relations between the Seller and the Buyer arising from the use of Elbe Tuning shall be also regulated by the legislation of the Republic of Estonia, by which the Seller and the Buyer shall be also guided in issues not specifically regulated by the Terms of Use.

2. Parties to Purchase and Sale Transaction

  • 2.1 The Seller, who is the administrator of Elbe Tuning, is a commercial entity called Elbe Tuning Parts OÜ (registry code: 16027490, registered office: Teguri 37b, Tartu 50107 ESTONIA, tel. +372 5204688, e-mail: info@elbe-engineering.com).
  • 2.2 The Buyer may be a physical person of at least 18 years of age or any legal person who confirm prior to entry into the purchase and sale transaction and use of other Elbe Tuning services that they have read the Terms of Use, agree with them and undertake to comply with them.
  • 2.3 If the Buyer is a natural person under 18, the Buyer confirms by entering into the purchase and sale transaction that his or her legal representative has approved of the transaction to be entered between him or her and the Seller in accordance with the law, or that he or she will execute the transaction using the means given to him or her for that purpose or for free use by his or her legal representative or a third person with the consent of the legal representative.

3. Prices of Products, Availability and Product Information

  • 3.1 Prices of all Products sold by Elbe Tuning are in euros and include VAT valid in the Republic of Estonia at the moment of entry into the purchase and sale transaction, as well as other taxes established by the state and the municipality.
  • 3.2 In addition to the purchase and sale price of the Product, the Buyer undertakes to pay the transportation fee for delivery the Product being purchased by him or her to the delivery destination (hereinafter Transportation Fee).
  • 3.3 The Seller has the right to change the prices of the Products at any time without prior notification. If the Seller changes the prices of the Products after the Buyer has placed an order in respect of the Product, the Seller undertakes to sell the Product to the Buyer for the price, which was valid at the moment of entry into the purchase and sale transaction by the Buyer, i.e. at the moment when the Buyer paid for the Product under clauses 4.9., 4.10. or 4.11. hereof and the purchase and sale transaction was deemed to have been entered into under clause 4.12. hereof. If the price changed by the Seller is more favourable than the price which was valid at the moment of entry into the purchase and sale transaction by the Buyer, the Buyer has no right to require the Seller to reimburse him or her for the price difference or to sell the Goods for more favourable price set after the purchase and sale transaction was entered into.
  • 3.4 If due to a mistake (technical error, employee’s mistake or another circumstance) the price of the Product offered by Elbe Tuning is unreasonably low compared to the usual market price of this Product and the Seller has not specifically indicated next to the Product that it is a discount set by him in respect of the Product or provided any other reason for the discount, the Seller has the right to withdraw on the terms given in clause 6.10. hereof from the purchase and sale transaction entered into with the Buyer with the wrong price caused by such technical error, provided that the Seller has not yet sent the Product to the Buyer’s delivery destination in order to execute the purchase and sale transaction.
  • 3.5 When using Elbe Tuning, the Buyer has to take into account that due to technical peculiarity of inventory accounting of Elbe Tuning Products the actual state of the Products inventory is reflected with some time lag and may differ from the actual state. The Buyer should also take into account that the desired Product will be reserved for the Buyer from the Seller’s inventory only after payment for the Product has been made in accordance with the Terms of Use and after invoice for the Product has been issued by the Seller. That is why the Seller shall not be liable if at the time of placement of the order by the Buyer the desired Product is labelled as “Product Available”, but at the time of entry into the purchase and sale transaction the desired Product turns out to be out of stock at the Seller’s warehouse (“Out of Stock”). In the latter case the purchase and sale transaction automatically becomes void and the Seller shall not be liable for any damage which may be caused to the Buyer due to unavailability of the Product. The Seller shall also not be liable in the situation when immediately after the Buyer has paid for the Product the Seller runs out of the Product desired by the Buyer. In that case the Seller has the right to withdraw from the purchase and sale transaction on the terms laid out in clause 6.10. hereof and in that situation the Buyer is entitled neither to require the Seller to perform the purchase and sale transaction nor to provide reimbursement for possible damage.
  • 3.6 When using Elbe Tuning, the Buyer is obliged to have regard to the fact that the Product pictures shown on the Product information page are illustrative and may somewhat differ from the actual appearance of the Product. In order to get the full overview of the Product in which the Buyer is interested (including technical characteristics and appearance of the Product) the Buyer is entitled to contact the Seller via the Elbe Tuning website (“Request for Information/Feedback”) by emailing an information request : info@elbe-engineering.com.

4. Placement of an Order and Entry into a Purchase and Sale Transaction

  • 4.1 To effect a purchase and sale transaction in respect of the Product chosen at Elbe Tuning by the Buyer, the Buyer should first add the desired Product to the online basket (hereinafter Basket) by clicking the Add to Basket link on the page containing the Product information. If the Buyer wishes to purchase other Products as part of the same purchase and sale transaction, the Buyer should perform the action described above for each Product he or she wishes to purchase.
  • 4.2 Having selected the desired Product(s) and having added them to the Basket, the Buyer should click the View Basket link (right corner) to proceed with the purchase and sale transaction. In the Basket, the Buyer can increase or reduce the amount of Products being purchased, as well as remove items from the Basket. To confirm the changes made in the Basket, the Buyer should press Update Cart.
  • 4.3 The prices of the Products added to the Basket by the Buyer are subject to the transportation fee laid down in clause 3.2 hereof, which is automatically added to the price payable by the Buyer for the Products.
  • 4.4 If the Buyer has made a final decision to purchase the selected Products and wishes to complete the purchase and sale transaction, he or she should click the link “Proceed to checkout”.
  • 4.5 When putting in an order the Buyer should select the method of payment for the Products being purchased and then click Place Order. The Buyer can choose among the following methods of payment:
    • 4.5.1 by PayPal;
    • 4.5.2 through online banking system (the Bank Link button) by selecting the credit institution whose online banking system the Buyer wishes to use to pay for the Product;
    • 4.5.3 by credit card.
  • 4.6 Having selected the method of payment the Buyer has to finalise his or her order by specifying his or her personal details in the online form (e.g first name, surname, delivery destination: city/town, address, postal code; contact number, e-mail address; in the case of a legal person: its name, registry code, delivery destination, first name and surname of its representative).
  • 4.7 The Buyer gives Elbe Tuning the right to process and store his or her personal details provided to Elbe Tuning. The Seller shall use the personal details provided by the Buyer only for the purposes of fulfilling the order, solving the problems that have arisen during fulfilment of the order, carrying out the company’s market research in order to improve the quality of the service offered, designing new services and pricing strategies, as well as sharing the news of the service provider. The Seller warrants that any personal details provided by the Buyer while using Elbe Tuning or entering into the purchase and sale transaction shall be handled as confidential information.
  • 4.8 When filling in the order form, the Buyer should, in order to enter into a purchase and sale transaction, tick the box saying “I have read and agree to the website terms and conditions” he or she has read the Terms and Conditions and agrees to enter into the purchase and sale transaction on the terms laid down therein. If necessary, the Buyer can print out the Terms and Conditions or save them in digital format to his or her data carrier.
  • 4.9 Having specified his or her personal details in the form the Buyer should click the Pay link, if he or she has selected the bank link option (clause 4.5.2. hereof), whereupon the Buyer will be directed to the online banking system selected. Having made the payment using his or her online banking system, the Buyer should press Back to Merchant button, whereupon the Seller will receive a confirmation from the bank that the Buyer has paid for the Product.
  • 4.10 If the Buyer has selected the Paypal option (clause 4.5.1 hereof) he or she should, after specifying his or her personal details, click the Proceed to PayPall link, whereupon the Buyer will will be directed to the PayPal system in which Buyer can finalise the order.
  • 4.11 The purchase and sale transaction in respect of the Product is deemed to have been entered between the Buyer and the Seller after the Seller has received the confirmation hereof about the full payment for the Product. When the order has been successfully placed and the purchase and sale transaction entered into, the Seller will send an electronic order confirmation to the e-mail address indicated by the Buyer.
  • 4.12 If within 3 calendar days of placing the order the Buyer fails to pay for the Product specified therein, the Seller shall cancel the order and no purchase and sale transaction between the Buyer and the Seller shall be effected.

5. Fulfilment of the Order

  • 5.1 The Seller undertakes immediately after receiving the information about the purchase and sale transaction in accordance with clause 4.11 hereof to begin executing the purchase and sale transaction by issuing the Product being the object of the purchase and sale transaction to the transportation company to be delivered to the delivery destination indicated by the Buyer.
  • 5.2 The Product purchased by the Buyer shall be normally delivered to the delivery destination in the Republic of Estonia indicated by the Buyer within a period of up to three working days and its handing over to the Buyer shall take place from 09:00 until 17:00 on working days. If possible, a representative of the transportation company delivering the Product shall call the contact number indicated by the Buyer in advance and agree upon the exact time on which the delivery of the Product will take place. The Seller asks the Buyer to make sure that the Buyer or his or her authorised representative be present at the delivery destination specified by the Buyer and able to accept the Product.
  • 5.3 If the delivery destination indicated by the Buyer is located outside the Republic of Estonia, the Seller shall agree upon the delivery time with the Buyer in respect of each Product separately. Specific terms and conditions of delivery to a location outside the Republic of Estonia will depend on the terms and practices of an international transportation company.
  • 5.4 If upon entry into the purchase and sale transaction it is discovered that the Product purchased by the Buyer is not in the Seller’s stock and should be specifically ordered from the supplier and it is clear that it is not possible to deliver the Product within the time limit specified in the Terms of use, or in other cases when the Product cannot be delivered on time due to circumstances for which the Seller is not responsible, the Seller shall notify the Buyer thereof within 2 working days of becoming aware of the problem relating to the delivery of the Product either by calling the contact number or writing to the e-mail address specified by the latter when the order was placed and shall also notify about the new approximate date of delivery of the Product ordered by the Buyer.
  • 5.5 If the delay in the delivery of the Product to the delivery destination or any other misunderstanding relating thereto is caused by inaccuracy or incorrectness of the personal details provided by the Buyer when placing the order, the Seller shall not be liable for such a delay and the Buyer does not have the right to withdraw from the purchase and sale transaction under clause 6.1. of the Contract.
  • 5.6 The Product purchased by the Buyer shall be handed over by a representative of the transportation company to the Buyer along with the accompanying document. Prior to confirming the accompanying document, the Buyer should inspect the Product and, if any external damage is discovered, make a corresponding note in the accompanying document in as much detail as possible. The Buyer should notify the Seller of the non-compliant Product by sending an e-mail info@elbe-engineering.com or calling the Seller’s helpline at +372 5204688; at the request of the Buyer the Seller shall replace the Product if its package has been damaged by the transportation company.
  • 5.7 When accepting the Product and starting using it, the Buyer should make sure that he or she opens the packaging carefully without causing any damage to it in order to keep the packaging and manufacturer’s stickers and serial numbers intact so as to eliminate the risks relating to withdrawal from the contract, should the Buyer wish to do so, in accordance with clause 6.8 hereof.

6. Withdrawal from Purchase and Sale Contract

  • 6.1 The Buyer has the right to withdraw from the purchase and sale contract in the case specified in clause 5.4. hereof, i.e. in a situation when the purchase and sale transaction has been entered into between the Buyer and the Seller under clause 4.11. hereof, but delivery of the Product to the delivery destination specified by the Buyer is exceeding the time limit specified in the Terms of Use for reasons arising from the Seller. The Buyer has the right to withdraw from such a contract within 3 working days of learning from the Seller about the delay of the Product and the reasons for that, by submitting to the Seller a corresponding withdrawal application in a format enabling written reproduction (see Annex 1).
  • 6.2 The Buyer who is a natural person has the right to withdraw from the purchase and sale contract within 14 calendar days of receipt of the Product. The Buyer proves the receipt of the Product by putting his or her signature and the date of receipt on the accompanying document. The Product shall be deemed to be retrieved from the automated parcel terminal when the Buyer opens the parcel terminal. To withdraw from the purchase and sale contract the Buyer has to send the Seller within the specified period of time a withdrawal application in a format enabling written reproduction, in which the Buyer should specify whether he wants by withdrawing from the contract to receive back from the Seller the amount paid for the Product or to exchange the Product for some other Product offered by the Seller. To exercise the right of withdrawal, the Buyer may use the standard withdrawal application contained in Annex 1 of the Terms of Use. The Buyer shall be deemed to have timely fulfilled the obligation to return the Product, if he or she has sent back the Product which is the object of the contract within the time period named in the first sentence of the present clause of the Terms of Use.
  • 6.3 The Buyer does not have the right to withdraw from the purchase and sale contract under clause 6.2 hereof, if the Product being the object of the contract of purchase and sale is one of the following:
    • 6.3.1 an item, the price of which depends on the fluctuations of the financial market, which the Seller cannot influence and which can become apparent within the withdrawal period;
    • 6.3.2 an item, which has been produced taking into account the Buyer’s personal needs;
    • 6.3.3 an item, which has been produced according to the conditions specified by the Buyer;
    • 6.3.4 an item, which deteriorates or gets out of date quickly;
    • 6.3.5 an item in sealed packaging, which is not suitable for return for reasons of health protection or hygiene, if it has been opened upon delivery;
    • 6.3.6 an item, which due to its nature is mixed or joined upon handover with other items in such a way that these cannot be separated anymore;
    • 6.3.7 urgent repair or maintenance work, if the consumer has arranged a call-out;
    • 6.3.8 handover of audio and video recordings or computer software in sealed packaging, if the consumer has opened the packaging;
    • 6.3.9 a newspaper, a magazine or another periodical.
  • 6.4 In the event of the Buyer’s withdrawal from the contract the Seller undertakes to return to the Buyer the Product purchase price and the Transportation Fee paid by the Buyer. If the Buyer has chosen a method of delivery different from the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to return to the consumer the amount exceeding the cost of the ordinary method of delivery. The Seller has the right to refuse to make any repayments until the Buyer has returned the Product being the object of the contract or has provided proof that the item has been sent back.
  • 6.5 The Seller shall transfer the amount for the returned Product to the bank account indicated by the Buyer no later than within 14 calendar days of receipt of the withdrawal application, provided that the Buyer has within the same time period returned the Product to the Seller or presented the Seller with the evidence that he or she has sent the Product back to the Seller, the Product conforms to the requirements set out in clause 6.6 hereof and there are no grounds for reducing or setting off the amount to be returned to the Buyer under clause 6.8. hereof.
  • 6.6 The Product to be returned by the Buyer must be complete (with all the items contained in the Product packaging, including additional items). If the Product has been purchased in a campaign where some other product has been added to the Product, the Buyer has to return the whole set, i.e. both the Product and other products.
  • 6.7 The Buyer shall bear direct expenses related to returning the Product. The Buyer shall bear the transportation fee relating to the return of the Product, except when the Product does not conform to the description given by Elbe Tuning. In the event of the Buyer’s withdrawal from the contract, the Buyer shall bear the expenses relating to the return or collection of the Product in a situation when due to its nature the Product cannot be returned by ordinary postal service.
  • 6.8 If the Product (and/or the Product packaging) being returned by the Buyer has deteriorated or has been damaged or broken and such deterioration/damage has been caused by the circumstances arising from the Buyer, the Seller has the right to offset the reduction in the value of the Product against the amount that has been paid by the Buyer for the Product and should be returned to the Buyer. The Buyer shall be liable for reducing the Product value, if the reduction in value has been caused by using the Product in a way different from the one necessary to explore the essence, characteristics and functioning of the Product. In order to use the Product in a manner allowed, the Buyer has to handle and use the item only in a way permissible when purchasing a product in a retail store.
  • 6.9 In order perform offsetting, the Seller shall send the Buyer the offsetting application to the e-mail address indicated by the Buyer when placing the order. If the Buyer does not agree with the reduction in value indicated in the offsetting application, the Buyer has the right to engage an independent expert in order to determine the reduction in the value of the Product. Expenses related to the expert assessment shall be divided equally between the Buyer and the Seller, except when the position of one party is clearly shown to be without merit by the expert assessment. In that case the expenses relating to the expert assessment shall be borne by the party whose position has clearly turned out to be without merit.
  • 6.10 The Seller has the right to withdraw from the purchase and sale contract in the case set out in clause 3.4. hereof, i.e. in a situation when due to a technical error the price of the Product offered by Elbe Tuning has become/has been made unreasonably low compared to the market price of the respective Product and the Seller has not separately indicated next to the Product that it is a discount established by the Seller and the Seller has not yet sent the Product to the Buyer’s delivery destination in order to execute the purchase and sale transaction. The Seller has the right to withdraw from the purchase and sale contract also in the case stipulated in clause 3.5. hereof, i.e. in a situation when immediately after the Buyer has paid for the Product the Seller has run out of the Product desired by the Buyer. The Seller has the right to withdraw from the above-named transactions within 3 working days of learning about the transaction by submitting to the Buyer a corresponding application in a format enabling written reproduction (preferably to the e-mail address indicated by the Buyer). In the event of withdrawal from the transaction, the Seller undertakes no later than within 30 calendar days to return to the Buyer the purchase and sale price paid by the latter for the Product together with the Transportation Fee.
  • 6.11 In addition to the right to withdraw from the contract set out in clauses 6.1., 6.2. and 6.10. hereof, both the Buyer and the Seller are entitled to have recourse to other legal remedies arising from law in the case of breach of the Terms of Use or non-conformity of the Product.

7. Seller’s Liability for Non-Conformity of Products and Warranty

  • 7.1 The Seller shall be liable for defects and non-conformity of the Product to the terms and conditions of the contract, which become apparent within 2 years as of handover of the Product to the Buyer.
  • 7.2 If any defects are detected in the Product, the Buyer shall notify the Seller thereof no later than within two months as of detection of defects by making a complaint to the Seller in a format enabling written reproduction. The Buyer’s complaint shall specify his or her name and contact details, the date of the complaint, the date of detection of the defects in the Product and their description, as well as the claim made to the Seller regarding the defective Product, and shall refer to or be accompanied by the document certifying the purchase and sale contract entered into with the Seller in respect of the Product.
  • 7.3 In the case of defects or non-conformity of the Product to the requirements, the Buyer has the right to require the Seller to repair the Product or to replace it with a non-defective one conforming to the requirements and, if it is impossible or unreasonable to do so, to withdraw from the purchase and sale contract entered into in respect of the Product.
  • 7.4 The Seller shall not be liable for the defects detected in the Product, which have been caused through the Buyer’s fault or due to improper use of the Product.
  • 7.5 The Buyer is responsible for ensuring that the goods are suitable for the purpose for which they are required or intended.
  • 7.6 Unless expressly and unequivocally agreed to in the contract between the Parties, no penalty for delay, under-efficiency or any other failure to perform can be claimed to the Seller. However, if such penalties were expressly agreed to in writing between the parties, they may be applied provided that the Buyer has incurred damages, as a result of a delay or low performance exclusively due to the Seller. These penalties shall be considered as liquidated damages and shall be the Buyer’s sole and exclusive remedy and the Seller’s sole and exclusive liability in case of delay and/or low efficiency. Unless otherwise agreed between the parties, the cumulative liquidated damages for any reason whatsoever will not exceed five percent (5%) of the purchase price.
  • 7.7 The Seller may be liable only for damages directly caused by the Seller’s own negligence. In cases of personal injury, the Seller’s liability will be determined in accordance with applicable law. THE SELLER SHALL NOT BE LIABLE FOR LOSS OF PROFIT, LOSS OF USE, LOSS OF PRODUCTION, LOSS OF, OR DAMAGE TO RAW MATERIALS OR FINAL PRODUCTS OR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHETHER CLAIMED IN THE CONTRACT, TORT (INCLUDING NEGLIGENCE) UNDER STATUTE OR OTHERWISE. Unless otherwise agreed to in writing, the total liability of the Seller, on all claims of any kind, whether in contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise, arising out of the performance or breach of the contract, or use of any part of the Products or Services, shall not exceed (ten) 10% of the purchase price. All liabilities of the Seller under the contract shall terminate upon expiration of the related warranty period. Each party undertakes to carry out and maintain the adequate insurances covering all of its responsibilities under the contract as well as the risks inherent to its obligations. Either party may have to provide the certificates upon the other parties’ request.
  • 7.8 The Seller warrants that the Products will be free from defects in material or workmanship for a period of one (1) year from the date of shipment. During the warranty period, the Seller shall, at its costs and option, repair or replace any defective Product due to a defect in material or workmanship.
  • 7.9 Seller is not responsible for the warranty and will cancel the warranty in the below presented situations:
    • – The product was not mounted in a special shop. Fitting process must be completed in a Specialized Service / Tuning Shop.
    • – The product was damaged due to un-proper mounting or because it was mounted with other broken connecting parts. We do not accept claims for products that are fitted and/or altered when fitted by unauthorized service or technician.
    • – The product was utilized in other purpose than it was specified in Poduct’s presentation/description.
    • – The buyer has repaired the products themselves and/or modified (including installing HID kits) or repaired and/or modified by third parties;
    • – The part was damaged by extra overload or incorrect maintenance of the vehicle.
    • – The vehicle was crashed or suffered damages produced by the external factors, atmospheric, thermal, mechanical or electrical shock.
    • – The parts are presenting scratches, bumps, bending marks that are not due to producers or shipping incidents.
  • 7.10 The Buyer shall, immediately after discovery of the defect, notify it in writing to the Seller. The notification shall contain a description and evidence of the defect. The Buyer shall provide all facilities and access to the Seller in order to observe these defects and to remedy them.
  • 7.11 Buyer shall not carry out or have a third party carrying out repairs or modifications that it deems necessary, unless this is expressly agreed to with the Seller. If no defect for which the Seller is liable is found after such notification of the Buyer, the Seller is entitled to a compensation for the costs incurred.
  • 7.12 The Buyer shall arrange at its own cost for any dismantling and reassembling of equipment not supplied by the Supplier to the extent that this is necessary to remedy the defect. Unless otherwise agreed to, the Customer shall bear any additional cost, which the Seller incurs for repair, dismantling, installation and transport as a result of the equipment being located, and Services having to be provided, in a place other than the original site.
  • 7.13 Unless otherwise agreed to in writing, the costs and risks of loss or damage to repaired or replaced Products during transport shall be borne in accordance with the same incoterm used for delivery of the Product. Any defective Product, which is replaced by the Seller, shall thereupon become the property of the Seller.
  • 7.14 Common wear parts and consumables are excluded from the warranty. Wear parts are those parts which require repair or replacement due to deterioration resulting from repetitive use (e.g. abrasion, corroding, ageing, fatigue, etc.) Examples of wear parts include but are not limited to, seals, guiding parts (bearings, rollers, etc.), shock absorbers, or springs.
  • 7.15 Electrical motors, electric/electronic components will be guaranteed under the terms of the manufacturer’s warranty. The Seller shall not be held liable for defects or damages arising from any of the following reasons: bad maintenance of the Products or the equipment on which they are installed, modification/replacement/repair of the Parts or the equipment without the written consent of the Seller or incorrectly carried out by the Buyer, non-compliance with operating manual and directions for use provided by the Seller, unqualified or not properly trained personnel, normal wear and tear, exposure to conditions outside the range of the environmental specifications, or chemical, electronic or electrical influences which were not contemplated in the contract, nonobservation of the guidelines relating to the power supply or operation of the equipment, a faulty design or parameter specified by the Buyer, non-compliance of the products or packaging to the specifications defined beforehand concerning the rate or dimensional tolerance.

8. Amendment of Terms of Use, Liability, Dispute Resolution, Copyright

  • 8.1 All copyright in the works presented by Elbe Tuning belong to the Seller or the Seller has previously acquired a respective right. The copyright also applies to these Terms of Use. Copyrights, patents, patent applications or any other intellectual property rights (the “Intellectual Property Rights”) over any documents, projects, studies, plans, design, innovation, software and components related to Services and/or Products (even if they have been specifically developed to address the Buyer’s specific needs) are and shall remain the exclusive property of the Seller. The price of the studies, Products and/or Services does not include the transfer of Intellectual Property Rights nor the expertise associated with them. Consequently, the Buyer expressly undertakes not to manufacture or have third parties manufacture Parts or components of the Products, nor perform the Services.
  • 8.2 The Buyer has the right to save these Terms of Use in order to ensure, if necessary, their reproduction on a durable data carrier at the time of entry into the purchase and sale transaction. Saving is possible by pressing the Save button in the right upper corner of these Terms of Use.
  • 8.3 The Seller has the right to unilaterally amend in full or in part the Terms of Use without prior notification. Changes shall enter into force as of their publication on the Elbe Tuning webpage at elbe-engineering.com. If the Buyer had placed the order before amendments to the Terms of Use entered into force, the Terms of Use in force at the time of placement of the order by the Buyer shall apply to the legal relations between the Buyer and the Seller, unless otherwise is provided for by law or the Terms of Use.
  • 8.4 The Parties to the Terms of Use shall be liable towards each other for any damage caused by breaching the Terms of Use in the cases and to the extent provided for in the legal acts of the Republic of Estonia currently in force. The Seller shall not be liable for damage caused to the Buyer or for the delayed delivery of the Product, if such damage or delay is due to the circumstance, which the Seller could not have influenced and the occurrence of which the Seller had not and could not have foreseen (Force Majeure).
  • 8.5 The Parties shall try to resolve by negotiation any disputes arising between the Buyer and the Seller when using Elbe Tuning or entering into and performing the purchase and sale transaction. In the event of failure to achieve an agreement, the Buyer has the right to turn for protection of his or her rights to the Consumer Complaints Committee operating under the Consumer Protection Board or to court. When going to court, the Buyer and the Seller have agreed that the dispute shall be resolved by the court at the location of the Seller.
  • 8.6 If the Buyer is a legal person or a sole proprietor, the provisions relating to special consumer rights shall not apply to the purchase and sale contract (the so-called consumer protection provisions).