Conditions and Clientinfos
infinitas engineering GmbH
Terms of Service
1. Validity
infinitas engineering GmbH (“infinitas”) is the owner of the sole rights of use and exploitation of the protected brand “Infinitas”. These general terms and conditions (permanently available on the Internet at “http://www.infinitas-automotive.com” in the imprint area) apply to all business relationships between the client or purchaser (“contractual partner” or “VP”) and infinitas, unless the special conditions of infinitas regarding warranty and obligations to enter apply or something else is expressly agreed in writing or required by law. Conflicting conditions of the CP are not binding for infinitas, unless they are expressly recognized in writing, even if they are not expressly contradicted. Telephone information and statements from infinitas are only binding if they are confirmed in writing.
2. Conclusion of a contract
All offers from infinitas are subject to change and non-binding, unless binding has been promised in writing. The prices contained in catalogs, advertisements, online shop and price lists are subject to change, technical changes and errors are reserved. The current infinitas price list applies to all products and services. A contract is concluded when infinitas confirms a written order received from the CP – in response to a non-binding offer previously sent to the CP or an order in the online shop – without changes in writing (email, fax, letter) to the CP. A contract is also concluded if infinitas executes the CP’s order received after the offer without a separate confirmation.
3. Prices
All prices in the online shop and in the price lists are in euros, including the statutory German VAT and plus shipping costs.
4. Delivery and delay in delivery
Delivery dates or deadlines specified by infinitas are non-binding, unless a written confirmation with a fixed date is expressly made. Force majeure, strikes, technical changes or involuntary inability at infinitas or its suppliers extend the delivery time by the duration of the hindrance. The CP can request infinitas in writing for the first time six weeks after a specified delivery date with proof of receipt to deliver within a reasonable time. Upon receipt of such a request, infinitas is in default. The CP is obliged to keep any resulting damage as low as possible.
Delivery takes place within Germany and abroad, unless the option to collect the goods has been selected. Packaging and freight costs are always charged additionally from Peutenhausen. The shipping costs, within Germany and abroad, are given to the CP on request. During business hours, all items can also be picked up on site at infinitas.
5. Payment terms
The net prices agreed with the order confirmation apply for four months from the date of the last
infinitas – order confirmation. If longer delivery times are named or agreed, infinitas will charge the prices valid on the day of delivery. Billing is in euros plus sales tax at the sales tax rate valid on the day of invoicing, unless sales tax is not exempt. Infinitas delivers goods by cash on delivery, direct debit or prepayment, unless otherwise agreed. In the case of long-term conversions (conversion time three days and more), the CP has to make a deposit of 70% of the order value to infinitas when the vehicle is delivered. The remaining amount is due upon completion of the conversion and must be paid at the latest when the vehicle is picked up. A CP is only entitled to a right of retention or set-off against possible counterclaims if such counterclaims have been legally established or recognized by infinitas in writing or if they are warranty claims that have already been made under the respective contract.
6. Transfer of risk and acceptance
When goods are dispatched to the CP, the risk is transferred to the CP in accordance with Section 447 (1) BGB as soon as infinitas has handed the goods over to the freight forwarder or carrier or similar for the purpose of transport. If
infinitas sends the goods with its own vehicles, the risk is transferred to the CP upon loading. If the CP refuses to accept goods that have been properly sent to him, infinitas is not obliged to send them again. Rather, the CP can be given a reasonable deadline to collect the goods in Peutenhausen. If the CP does not collect the goods by the time they have expired, infinitas is entitled to withdraw from the contract and to demand compensation for non-performance. This amounts to 15% for work on vehicles and 30% of the gross invoice amount for deliveries of goods and other services. The CP remains at liberty to prove that minor damage has occurred. infinitas can prove and assert actual damage beyond this. The above compensation regulation also applies if collection from infinitas has been agreed in advance (e.g. in the case of vehicle conversions) and the CP does not comply with the collection date and a reasonable grace period then set with the threat of rejection.
7. Retention of Title
The goods delivered by infinitas to the CP or the products mounted on his vehicle (also applies to software) remain the property of the CP until all invoice amounts have been paid in full
infinitas. Subject to any conflicting provisions below, the CP is entitled to use the reserved goods as intended, to process them if necessary or to sell them in the ordinary course of business. Pledges or collateral assignments are inadmissible. As a precaution, the CP assigns all claims arising from the resale or any other legal reason with regard to the reserved goods to infinitas, who hereby accepts this assignment. infinitas revocably authorizes the CP to collect assigned claims in his own name. At the request of infinitas, the CP will disclose the assignment and
provide infinitas with all information required to pursue a claim and hand over all necessary documents. The processing or transformation of reserved goods is always carried out for infinitas, but without any obligation for them. If the ownership of infinitas expires through connection, it is already agreed that the VP’s ownership of the uniform item is also due to infinitas on a pro-rata basis. If third parties access the reserved goods, the CP will point out the ownership of infinitas and notify them immediately, handing over the documents necessary for the objection. Costs and damages incurred by infinitas through access and objection are to be reimbursed by the CP.
If the CP acts in breach of contract, in particular default of payment, the rights to use, process and sell the reserved goods and the authorization to collect the assigned claims expire. Also is
infinitas is entitled to take back the goods subject to retention of title at the CP’s expense or, if necessary after the assignment of the claims for surrender, to demand them from third parties. Taking back or seizing the reserved goods by infinitas does not constitute a withdrawal from the contract. If the value of the securities granted by the CP exceeds the claims of infinitas from the business relationship by more than 20%, infinitas is obliged, at the CP’s request, to retransfer or release it at its discretion. When all of the CP’s claims from the business relationship have been settled, ownership of the goods subject to retention of title and the assigned claims shall pass to the CP.
8. Contractor’s lien
Because of its claims from an order, infinitas is entitled to a contractual right of lien on the CP’s items that came into its possession on the basis of this order. Such a right of lien can also be asserted due to claims from work carried out earlier, replacement deliveries and other deliveries, insofar as these are related to the object of the order. Infinitas’ right of lien does not expire if infinitas transfers direct possession of the CP’s items to a subcontractor as part of the processing of the order. In this case the subcontractor considers the property to be infinitas. For other claims from the business relationship, the contractual lien only applies if these are undisputed or a legally binding title exists and the subject of the order is the property of the CP.
9. Stress
That of the Vice-President for damages against infinity, the indebtedness of indebtedness, the default or the wrongful act, the limitation of other regulations in these general responsibilities. This is not gilded, if there is damage due to intent or rough driving control by infinitas or its vicarious agents is or in less driving tax received from infinitas or its vicarious agents valued by life, body or health. If infinitas is to damage compensation, in principle only monetary compensation up to the amount of the current value can be determined, but if the amount is up to the amount for the work order, the total compensation will be received. So far infinitas fahrsteuerig is an essential contractual duty support, is your obligation to pay compensation for personal relationship conditions that belong to the loss of the contract, as they were foreseeable. Insofar as liability claims against infinitas from a contract are not based on cautious conditions of action, they shall expire one year from the end of the year in which the claim was heard and in which the vice-president of the trustworthy acquired personal knowledge or has to recognize knowledge without gross driving behavior ; Realization of one’s own understanding and knowledge of the perception of liability claims no later than two years after the contract has been taken into account.
10. General information on warranty
Warranty claims due to obvious defects must be reported to infinitas in writing within fourteen days of their discovery. Subsequent performance work within the scope of the guarantee (warranty work) is only carried out at infinitas in Peutenhausen or at authorized infinitas partners. Any replaced parts become the property of infinitas and must be returned to infinitas. Small-scale warranty work can also be carried out in a specialist / authorized workshop of the respective vehicle manufacturer after infinitas has given its written consent. The CP is only entitled to a reduction in price or withdrawal from the contract if three attempts to remedy the defect on the part of infinitas have failed. At least five attempts to remedy the defect on the part of infinitas are deemed to have been agreed among full traders. The transmission of software updates does not count as a repair. A repair by infinitas can only be carried out if the vehicle in question is on site at infinitas. Warranty is excluded if products supplied by infinitas have not been installed in the specialist workshop of an authorized infinitas partner or the respective vehicle manufacturer. Proof of this must be provided to infinitas upon request. A warranty claim also does not exist if the CP has attempted unauthorized repairs or the products supplied have been used on vehicles in motor sport competitions. Natural wear and tear or damage to an engine that can be traced back to improper handling, e.g. driving without coolant or engine oil or excessive stress, are not covered by the warranty. The warranty also expires if the maintenance work specified in the respective customer service booklet of the vehicle is not carried out properly, the provisions of the operating instructions are disregarded, the infinitas service booklet is not kept and presented in the case of vehicles with improved performance, the vehicle is used in competition drives or if the vehicle is in is technically modified by infinitas in a manner not approved. infinitas assumes no guarantee, warranty or liability for original parts from the vehicle manufacturer, as well as for software and hardware products from third-party providers, this also applies to promised and implied functions. infinitas is not liable for malfunctions or damage to the vehicle that can be traced back to malfunctions of original parts from the vehicle manufacturer and / or to software and hardware products from third-party providers, unless gross negligence can be proven. If software and hardware products from third-party providers have been installed on the customer’s vehicle, or if original parts from the vehicle manufacturer, in particular the control unit software, do not correspond to the state known to infinitas, additional installation and coordination costs must be charged separately to the CP. For products that are marked as “racing parts” or “racing engines” and which are therefore short-lived high-performance products, infinitas’ warranty obligation is limited to the fact that the material of the brand-new product is free from defects in accordance with the current state of the art at the time of delivery. “Racing parts” or “racing engines” are not approved and are supplied without warranty or guarantee due to their short life. A defect in products that are marked with the label “racing parts” or “racing engines” can also lead to consequential damage to the vehicle, which infinitas will not assume unless gross negligence can be proven. For new products, the warranty is limited to two years from the date of delivery to the first VP. The limitation period for claims for defects is 12 months from the transfer of risk for full traders and entrepreneurs. Any warranty is excluded for used products, unless the CP is a consumer; In this case, the warranty for used parts and accessories is limited to one year from delivery. If products supplied by infinitas are defective, infinitas has the choice of replacing them with new or equivalent, defect-free products or of repairing them free of charge. A prerequisite for any warranty obligation on the part of infinitas is a faulty design or poor execution. Liability for material defects can only be accepted to the extent that infinitas should have recognized the defects using professional care.
11. Guarantee for performance increases
infinitas’ guarantee for performance increases is based on the special terms and conditions that exist for this, as they are present in the supplement to the offer / order in its current version to the CP and are always subject to the contract in addition to these general terms and conditions in all contracts for performance increases. They are given to each TP, but can also be called up permanently on the Internet at http://www.infinitas.com in the DOWNLOADS area. The performance increase mentioned by infinitas through software and hardware modifications always consists of the series performance of the base vehicle plus the additional performance achieved by infinitas. The specified performance data are the subject of the contract. These are maximum values that relate to new vehicles and are recorded on the MAHA / MSR dynamometer from ABT Sportsline GmbH, Daimlerstr. 2, 87437 Kempten. The increase in performance actually achieved on the vehicle depends, among other things, on series tolerances (e.g. on the base vehicle, infinitas product, etc.), the degree of wear and tear on the base vehicle, as well as on various environmental factors (e.g. outside temperature). A deviation of up to +/- 5% of the achieved increase in performance compared to the increase in performance mentioned by infinitas does not represent a defect. Software and hardware modifications are adapted to the series technology as far as technically possible. In the case of used vehicles, wear and tear can therefore lead to a lower increase in performance compared to a new vehicle. The actually achievable increase in performance can therefore only be determined for used vehicles after the coordination work has been completed. If the actually achievable increase in performance for used vehicles is less than for new vehicles, this is not a material defect. Speed and acceleration data depend, among other things, on engine power, wheel formats, vehicle weight, aerodynamics, air temperature and humidity. All specified data such as acceleration and speed generally refer to the lightest variant of a vehicle with the best possible gear ratio under ideal weather conditions. After installing an infinitas performance upgrade, there may be increased wear and tear on series components (e.g. clutch) of the customer’s vehicle; this is not a material defect.
12. Entry in vehicle documents / road traffic registration in Germany
The CP is entitled to an entry in the vehicle documents only for parts that are expressly identified as being “approved for road use”. Products that are expressly declared as “export items” by infinitas, as well as “racing parts” and “racing engines” cannot be entered in the vehicle documents in Germany; The CP is not entitled to an entry in the vehicle documents under traffic law. Products marked with the addition “export items”, “racing parts” and “racing engines” are not permitted within the scope of the StVZO. If “export items”, “racing parts” and “racing engines” are installed on a customer vehicle, the operating license and insurance cover will expire and use on public roads will no longer be permitted. There is no entitlement to approval for road traffic abroad if this is not expressly agreed.
13. Old parts
Parts removed from vehicles (original or old parts) are to be accepted by the CP after completion of the order, usually when the vehicle is picked up. Infinitas is not obliged to store it beyond this point in time. If the CP does not remove the parts, infinitas is entitled to dispose of them at the CP’s expense, if necessary. A replacement is excluded. This regulation does not apply to parts that are offset in accordance with the contract or that become the property of infinitas in any other way. If the old parts are returned, the CP will be charged the shipping costs incurred.
14. Final provisions
For all pure sales contracts between infinitas and its contractual partners that cross the borders of the Federal Republic of Germany, the UN sales law (Vienna Convention of the United Nations on the International Sale of Goods of April 11, 1980) applies in the version current at the time of the conclusion of the contract, regardless of whether the CP is in a State in which the UN sales law already applies or not. Otherwise, the law of the Federal Republic of Germany applies exclusively. The place of performance for all claims and obligations arising from a contractual relationship between infinitas and a CP is infinitas’ registered office in Peutenhausen. If the CP issues an order or an order to infinitas for his company, as a legal entity under public law or a special fund under public law, its place of business will be deemed in the event of lawsuits against infinitas, otherwise, at the option of infinitas, Schrobenhausen, Augsburg, Ingolstadt or Munich as The place of jurisdiction for all mutual claims arising from the business relationship has been agreed. The same place of jurisdiction is deemed to be agreed if the CP does not have a general place of jurisdiction in Germany or if the CP has moved his place of residence or business or usual place of residence abroad or if this is not known when the action is brought. If a provision in these conditions or a provision in the context of other agreements is or becomes ineffective, the effectiveness of all other provisions or agreements is not affected. § 139 BGB does not apply. Any loophole resulting from the omission of an ineffective provision must be closed by means of a supplementary interpretation of the contract.
- Customer information
1. Information about the identity of the seller
infinitas by infinitas engineering GmbH
CEO: Nicolai Stöber
Am Brunnenfeld 1
86565 Gachenbach
Commercial register: HRB 5031 Amtsgericht Ingolstadt
USt.ID.: DE 353 922 273
Tel.: 0049 (0) 82 52 / 90 986-0
E-Mail: info@infinitas-automotive.com
Internet: www.infinitas-automotive.com
Consumer information according to EU regulation No. 524/2013:
https://ec.europa.eu/consumers/odr/
Our email address is: info@infinitas-automotive.com
- Information on the technical steps that lead to the conclusion of the contract
When you have found the product you are looking for, you can add it to the shopping cart without obligation by clicking on it. You can view the contents of the shopping cart at any time by clicking on it. You can also remove individual products from the shopping cart at any time. If you want to buy the products in the shopping cart, please enter your details. After you have entered your data and selected the payment method, you will be redirected to the order page, where you can check your entries again. Complete the ordering process by clicking on it. The process can be canceled at any time by closing the browser window.
- Information on saving the contract text
The text of the contract is stored in our internal systems and is not accessible to you there. You will receive the order data by email.
- Information technical means to recognize / correct input errors
Before submitting the binding order, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
- Information about the languages available for the conclusion of the contract
Only the German language is available for the conclusion of the contract.
