General terms and conditions of business

of

CLASSICECU.COM GmbH

Poppenbütteler Weg 200,

22399 Hamburg, Germany

Last modified: January 25, 2025

The general terms and conditions listed here apply to the sole proprietorship of CLASSICECU.COM GmbH, Poppenbütteler Weg 200, 22399 Hamburg, hereinafter referred to as CLASSICECU. CLASSICECU offers products and services in the field of tuning and engine control units. Installation modifies and changes the properties of vehicles created at the factory, which can lead to the loss of the operating license, impairment of durability and increased wear. CLASSICECU excludes any liability for damages, personal injury or financial loss. The following general terms and conditions only apply in view of this.

1 Scope and defense clause

(1) All offers are non-binding and are made on the basis of the following general terms and conditions. These form the basis of all offers and agreements and are deemed to be accepted by placing an order or accepting delivery for the duration of the entire business relationship. Any deviating general terms and conditions of the creditor will be rejected unless a deviating written agreement exists that has been drawn up specifically for the respective contract conclusion.

(2) According to Section 13 of the German Civil Code (BGB), a "consumer" within the meaning of the following provisions means any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity.

(3) According to Section 14 of the German Civil Code (BGB), an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

(4) The creditor within the meaning of the following provision is the person who has received or will receive a delivery or service through delivery of the goods or an express declaration of acceptance by CLASSICECU.

2 Prices and payment terms

(1) Unless otherwise stated in the order confirmation, prices are ex works, excluding transport, packaging and insurance costs; these will be invoiced separately.

(2) The statutory value added tax will be shown separately.

(3) The purchase price or the invoice amount and prices for additional services are due for payment immediately upon delivery of the purchased item and handing over or sending of the invoice.

(4) Deliveries are generally made against advance payment. Exceptions such as invoicing or installment payments must be requested in writing in advance and will be confirmed in writing by CLASSICECU.

(5) If the creditor defaults on payment, our entire credit balance becomes due immediately, even if it concerns claims from other deliveries. In this case, CLASSICECU is entitled to claim default interest in accordance with Section 288 of the German Civil Code (BGB) immediately upon default.

3 Formation of a contract

(1) The presentation of the goods on the Internet does not constitute a binding offer by CLASSICECU to conclude a purchase contract. The interested party is hereby merely invited to submit an offer by placing an order.

(2) By submitting the order, the interested party makes a binding offer - aimed at concluding a purchase contract - for the desired goods. By submitting the order, the interested party also acknowledges these General Terms and Conditions as the sole determining factor for the legal relationship with CLASSICECU.

(3) CLASSICECU confirms receipt of the order from the interested creditor by sending a confirmation email. This order confirmation does not yet represent acceptance of the contract offer by CLASSICECU. It merely serves to inform the interested creditor that the order has been received by CLASSICECU. The declaration of acceptance of the contract offer is made by delivery of the goods or an express declaration of acceptance. CLASSICECU has a period of 14 days to declare acceptance. Only then does the interested creditor become a creditor.

4 Offers, cost estimates, technical documents, Product descriptions

(1) Offers, cost estimates, drawings, illustrations, dimensions, weights or other performance data are non-binding and only binding if this is expressly agreed in writing. Ownership and copyright to cost estimates, illustrations, drawings or other documents remain reserved.

(2) Transfer or sale to third parties is only permitted with the written consent of CLASSICECU.

(3) Any verbal or written advice on technical application shall be deemed to be only indicative and shall not release the creditor from his own duty to examine the product, taking into account the intended purposes of use.

(4)  Illustrations and descriptions are for general clarity only; Technical data may be subject to change as we always strive to further develop our products. Information in the descriptions about power consumption, supported sensors, performance, speeds, etc. are not binding information, but should be viewed as approximate.

5 Retention of title

(1) The delivered goods remain the property of CLASSICECU until the purchase price has been paid in full. When paying by bank transfer, credit card or PayPal, the purchase price is considered paid when it is irrevocably credited to our account.

(2) If the creditor acts in breach of contract, in particular if payment is delayed, CLASSICECU is entitled to take back the goods after issuing a reminder and the creditor is obliged to hand them over. After taking back the delivery item, CLASSICECU is entitled to sell it; the proceeds from the sale are to be credited against the creditor's liabilities - less reasonable costs of sale.

(3) The costs for the first written reminder shall amount to EUR 5 and shall be paid by the creditor.

(4) The retention of title also applies to the claims that CLASSICECU has against the creditor from the ongoing business relationship. If the value of the aforementioned retention of title exceeds the claim(s) to be secured for us by more than 10%, CLASSICECU will release the excess securities upon request. If our goods are resold, claims arising from the resale will be immediately assigned to CLASSICECU to secure payment of the purchase price, provided that the purchase price has not been paid in full upon resale. In this case, the buyer is entitled to collect the claims. CLASSICECU hereby accepts this assignment. The claims may not be assigned to a third party for the purpose of collection. If the goods purchased by us are processed, CLASSICECU is considered the manufacturer of these new goods, provided that the purchase price has not been paid in full upon processing the goods.

(5) The assertion of the retention of title as well as the seizure of the delivery items by us shall only be deemed a withdrawal from the contract if this is expressly declared by us in writing.

6 Delivery

(1) Delivery dates and delivery periods, which are agreed upon either bindingly or non-bindingly, must be stated in writing.

(2) Force majeure and events that temporarily prevent us from delivering the goods or services on the agreed date or within the agreed period entitle us to postpone the delivery or service for the duration of the hindrance, plus a reasonable start-up time. If the delivery time is extended or CLASSICECU is released from its obligation, the creditor cannot derive any claims for damages from this. If such disruptions lead to a delay in performance of more than three months, the creditor can withdraw from the contract. Other rights of withdrawal remain unaffected.

(3) If the creditor fails to comply with his obligation to cooperate in order to fulfil the obligation, he shall be in default of acceptance.

(4) The creditor is obliged to accept the performance immediately. If he defaults on acceptance, he shall be liable, even for accidental circumstances.

7 Transfer of risk in sales contracts

(1) The following applies to entrepreneurs and consumers: The risk of accidental loss and accidental deterioration of the goods shall pass to the creditor as soon as the goods have been handed over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

8 Liability for material defects

(1) CLASSICECU is liable for defects if the defect can be proven to be due to a material defect or to a fault on the part of CLASSICECU.

There is no obligation to accept liability for material defects in the following cases:

- natural wear and tear

- Overuse and improper handling

- Failure to comply with the instructions on handling, maintenance and installation as well as prior inspection (e.g. fit, installation position, power supply, ambient temperature, etc.)

- Use in motorsports, shipping and aviation, or when used on the road without approval for public road traffic.

(2) The limitation period for material defects is 1 year for newly manufactured items if the creditor is not a consumer. Otherwise, the statutory limitation period of 2 years applies. For used goods, the limitation period is 1 year if the creditor is a consumer. If the creditor is not a consumer, the sale of used items is subject to the exclusion of any liability for material defects.

(3) The creditor's claims for remedy of defects are primarily limited to a claim for subsequent performance, i.e. a claim for repair or replacement delivery. If the creditor is not a consumer, CLASSICECU has the right to choose between repair or replacement delivery. If the repair or replacement delivery fails several times, the creditor can demand a reduction in price or withdraw from the contract. The repair has failed if and to the extent that a reasonable deadline set for us to remedy the defect has expired without result or after the second attempt. The conditions for exercising the right of withdrawal are determined by Section 323 of the German Civil Code (BGB).

(4) CLASSICECU is liable in accordance with the statutory provisions, unless the creditor asserts claims for damages based on fraudulent intent, intent or gross negligence, including fraudulent intent. Unless we are accused of intentional breach of contract, liability is limited to the value of the goods.

(5) The creditor must notify CLASSICECU of any claims for remedy of defects immediately in writing.

(6) A flat-rate loss of use, the costs of a replacement vehicle, overnight accommodation costs, etc. will not be reimbursed.

(7) Workpieces or services and parts manufactured at the creditor's request without approval for use on public roads are not subject to the usual warranty provisions. The return of these parts is generally excluded because they are special products.

Parts without approval for use on public roads are special products. These products include both modified series products and special designs. Since the use of these products can be subject to exceptional stresses that we cannot estimate in detail, CLASSICECU cannot guarantee that these special stresses will not have a negative impact on the functionality of these products. CLASSICECU must therefore reject any liability for damages. Furthermore, CLASSICECU must insist that we are released from all claims by third parties that may be made against us in connection with the use of these products in vehicles.

9 Right of withdrawal and consequences of withdrawal for consumers

(1) If the contract was concluded by means of distance communication, the consumer shall have a right of withdrawal.

(2) The right of withdrawal can only be exercised after prior notification (informally) by a written revocation to

CLASSICECU.COM GmbH

Poppenbütteler Weg 200

22399 Hamburg

within a period of two weeks after receipt of the goods. To meet the deadline, it is sufficient to send the written cancellation in good time (postmark). A reason is not required. The costs for the return shipment are generally borne by the consumer, provided that the goods delivered correspond to those ordered.

sample cancellation form

To

CLASSICECU.COM GmbH

Poppenbütteler Weg 200

22399 Hamburg

I/we hereby revoke the contract concluded by me/us for the purchase of the following goods/the provision of the following service:

.............................................................................

(Name of the product, if applicable order number and price)

Goods ordered on:

.............................

Date

Goods received on:

.............................

Date

name and address of the consumer

.............................

.............................

.............................

.............................

...................................................

Date, signature of creditor

(3) In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. benefits of use) must be surrendered. If the consumer cannot return the goods or services received in whole or in part or can only return them in a deteriorated condition, he must pay compensation.

(4) The right of withdrawal does not apply to custom-made items (e.g. special designs, cable harnesses, etc.), special orders, items that are clearly tailored to personal needs or are not suitable for return due to their nature, as well as parts that have already been installed by the seller or buyer or their agent.

(5) After returning the goods, the consumer will receive a refund in the amount of the value of the goods within 2 weeks.

10 Liability for modifications / control unit adjustments / test bench trips

(1) CLASSICECU accepts no liability for consequential damages resulting from modifications and for errors made by our suppliers. All claims by the creditor or third parties against CLASSICECU resulting from accidents, damages, personal injury or financial loss of any kind are expressly excluded. CLASSICECU accepts no guarantee, warranty or liability for engine modifications and modifications.

(2) CLASSICECU generally accepts no liability for adjustment work on the engine control unit on the dynamometer or on the road.

11 Obligations of the Creditor

(1) If the creditor installs the parts supplied by us in a motor vehicle or has them installed, he is responsible for ensuring that all applicable technical and legal regulations are observed and that the necessary permits are obtained.

12 Data Protection

CLASSICECU complies with all data protection requirements, in particular the provisions of the Teleservices Data Protection Act. The personal data you provide will only be passed on or otherwise transmitted to third parties if this is absolutely necessary for the purpose of contract execution, if it is required for billing purposes or if you have previously consented in writing. The consent given can be revoked at any time. For further information, please refer to the detailed data protection declaration on the CLASSICECU website and the shop.

13 Digital photography of the workpieces

CLASSICECU is entitled to photograph manufactured workpieces, even if they have already been mounted on the vehicle. These photos may be displayed on the website or reused.

14 Place of Jurisdiction

(1) Unless otherwise agreed, the place of jurisdiction shall be the “Hamburg District Court”.

(2) CLASSICECU is also entitled to sue at the creditor's headquarters if the creditor is a merchant. German law applies exclusively, excluding the laws on the international sale of movable goods (in particular the UN Convention on Contracts for the International Sale of Goods), even if the creditor has its registered office abroad.

15 Final Conditions

Should individual provisions of the above terms and conditions be invalid, the remaining terms and conditions shall remain unaffected. In this case, the parties undertake to agree on an effective provision in place of the invalid provision which – if legally possible – comes closest to the economic purpose pursued by the invalid provision, taking into account the interests of the parties expressed in this contract.