Conditions

Terms of Service:

1. General, scope and contract language

The following conditions of sale apply to all between the seller, hereinafter referred Stealthdevelopment.de, and the buyer, hereinafter referred customer, concluded contracts for the supply of goods and other contracts. Differing conditions of the buyer, which does not expressly acknowledge the seller are not binding on the seller, even though he does not explicitly contradict them. In addition applies only the price list of Stealthdevelopment.de.

Within these conditions are natural persons, will enter into a business relationship with those without this can be attributed to a commercial or independent professional activity.

The purposes of these terms and conditions are natural or legal persons or partnerships with legal personality, will enter into a business relationship with those who are acting in a commercial or professional activity.

Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.

The contract language is German.

2. Cancellation

Withdrawal

You have the right to withdraw within fourteen days without giving a reason this contract. The withdrawal period is fourteen days from the date, have taken to buy, or a representative of your third party other than the carrier and possession of the goods or has.

To exercise your right, you have to by a clear explanation, inform (www.spochtluftfilter.de) (for example, a consigned by post mail, fax or e-mail) of your decision to withdraw from this contract. You can sure use the attached model withdrawal form, which is not mandatory, however.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning the right of withdrawal before the withdrawal period.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, cheapest Standard have), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment. We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier.

You have to return the goods immediately and in any event not later than fourteen days from the date on which you inform us of any cancellation of this contract to us or passed. The deadline is met if you send the goods before the period of fourteen days. They bear the direct cost of returning the goods. You only need to pay for any diminished value of the goods, where the value loss is due to a necessary to ascertain the nature, characteristics and functioning of the goods handling.

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

– At

Stealth Development. De

– Hereby give notice (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following products (*) / provision of the following services (*)

– Ordered on (*) obtained at the (*)

– Name / consumer (s)

– Address of the / consumer (s)

– Signature of / consumer (s) (only with message on paper)

– date

(*) Delete as appropriate.

3. Offers, order confirmation

Offers are, unless otherwise expressly agreed, subject to change. To a given order, the customer is bound for three weeks. An order shall not be deemed accepted if it is confirmed in writing or by email by stealth or stealth Development Development has started within this period with the delivery.

When the consumer orders the goods electronically, Stealth Development will confirm receipt of the order immediately. The confirmation of receipt does not constitute binding acceptance of the order. The confirmation of receipt can be connected with the declaration of acceptance.

The final contract is subject to correct and timely delivery by our suppliers.

Stealth Development specifically disclaims any procurement risk if we have a supply contract for the amount owed concluded with the supplier.

The customer is immediately informed about the unavailability of the service. The payment will be refunded immediately.

If a consumer orders the goods electronically, the contract text of Stealth Development is saved and sent to the customer on request, together with the present Conditions by email.

Alterations in models, designs or features reserved, provided that the contract does not experience unreasonable for the customer change.

4. Prices

The agreed upon conclusion prices. These are recorded in the current price list of Stealth Development. At these prices, Stealth Development three months is bound. When delivery is effected more than three months after the conclusion Stealth Development is entitled to calculate the force at the time of delivery.

Prices are packed from stock Marl. Shipping and transportation costs will be charged separately. All prices given in the price list for consumers exclude VAT. All corporate attitudes to prices quoted are exclusive of VAT.

5. Delivery

Dates are only binding if they have been expressly confirmed by us in writing. A possible binding agreed delivery period starts only from the date of order confirmation, but not before receipt of all documents and information necessary for the execution of the order. The deadline is met if prior to deadline expiry the goods have left our warehouse or Stealth Development has the customer signaled willingness to perform.

Exceeds Stealth Development a promised as binding delivery date and the customer is a further delay is not reasonable, he can do with penalty of further rights after default warning and a reasonable period of at least three weeks. In this case, a claim for damages of the customer is excluded, unless the delay is due to intent or gross negligence by us or one of our legal representatives or agents.

This also applies to the breach of duties during the contract negotiations.

In the case of force majeure such as. Mobilization, war, riots, natural disasters, etc. Stealth Development is entitled to postpone the performance for the duration of the obstruction plus a subsequent reasonable period or when the power is actually or economically impossible, or will, from contract.

In all these cases, the customer is not entitled to withdraw from the contract if he is responsible for the obstacles.

Partial deliveries are allowed, unless they are acceptable to the contractual partner in each individual case.

If the customer prior to delivery another embodiment and true Stealth Development the suggestion to which the delivery period is interrupted. The delivery period begins again.

If the customer is in default of acceptance, Stealth Development is entitled to refuse performance of the contract after a to be set by Stealth Development respite and to claim damages.

Stealth Development may dispose and deliver to the customer in a new reasonable period instead using the goods. The compensation amounts to at least 25% of the agreed license price (product price), leaving it to the customer the right to prove that damage has occurred or that a lower amount. Stealth Development may provide proof of higher damages.

Sends Stealth Development on the customer’s request the subject matter, this is at the expense and risk of the customer. For all deliveries, the risk of loss of the goods upon delivery to the carrier, the carrier or the otherwise determined to execute the dispatch person shall pass to the customer.

In a sale of transfer of risk occurs only with the endorsement. The cost of the tour, storage and return shipment to the customer. Transportable items are to be returned at our risk. For non-transportable goods will be picked up agreed with the customer.

The foregoing provisions concerning the Risk the dispatch of purchase do not apply if the customer has purchased items for mainly private use (consumer goods), or if the customer is a consumer within the meaning of § 13 BGB.

If the shipment at the customer’s delay, the delay in acceptance by the customer shall commence upon receipt of written notification of our readiness for shipment to the customer.

In this case, the delay in shipment, the risk of damage to or loss of the goods from the date of receipt of the readiness for shipment to the customer on the Customer.

This also applies in the case of default of acceptance.

The customer Stealth Development to replace all further arising from the delay additional expenses.

The choice of any shipping route remains reserved.

6. payments

Payments may be made only to us or by us in writing authorized persons. Invoices are payable gem. the specified date, or if the date is not set free within 7 days of the invoice date net cash paying agent.

The payments are considered in the place made, may have on the Stealth Development of the amount. Payments may only be made in the agreed currency.

In the event of default by the customer Stealth Development is entitled, without prejudice to calculate the other legal rights with default interest at the statutory rate. If the customer is a consumer, this is 5% above the base rate of the European currency union, but at least 5%, with other stores 5% above the base rate of the European Monetary Union, but at least 5%, in each case plus the applicable taxes. The interest is due immediately.

7. Retention of title

If the customer is a consumer, the following applies:

Any goods delivered by us remain our property until full payment of the purchase price and until complete settlement of all claims resulting from the business relationship (extended reservation of title).

A disposal of the goods under retention of title (eg by sale, pledge, assignment, attachment, for use) by the customer is by no means allowed.

If the customer has made a non-contractual disposal of the purchase subject who paid or payable purchase price or otherwise obtained or services to be received from the buyer to the place of the goods occurs. The customer hereby assigns all claims arising out of any sale of goods to us.

The customer is not authorized to collect these receivables.

As part of the assignment, the customer has in the disclosure of the assignment to the purchaser and to cause it to be paid to Stealth Development or afford to. In view of the extended retention of title (advance assignment of the respective purchase price) an assignment to third parties, in particular to a bank, breach of contract and therefore inadmissible. Stealth Development is entitled at any time to check the sales documents of the customer and to inform his customers of the assignment.

In case of seizure of the goods by the customer Stealth Development should be informed immediately by sending a copy of the execution record and a affidavit about the fact that it is delivered by us and standing under retention of title in the goods attached.

The assertion of our rights from retention of title does not release the customer from his contractual obligations.

The value of the goods at the time of withdrawal will only be credited to our existing claims against the customer.

Stealth Development are requested by the customer choice of Stealth Development the safeguards, the extent of the secured receivables net of hedging costs exceed the secured claim by more than 20%.

For entrepreneurs, applies in respect of the retention of title as follows:

Any goods delivered by Stealth Development remains our property until full payment of the purchase price and until complete settlement of all claims resulting from the business relationship (extended reservation of title). An whatsoever disposal of the reserved goods by the customer is permitted only in the ordinary course of business of the customer.

But in no case the product must be suitable to third parties as part of regular commerce security.

In the case of the sale of goods in the ordinary course of business of the purchase price paid takes the place of the goods.

The customer already now one arising from any sale of receivables Stealth Development. The customer is authorized as long as collect these claims, as he fulfills his payment obligations to us. In view of the extended retention of title (advance assignment of the respective purchase price) an assignment to third parties, in particular to a bank, breach of contract and inadmissible. Stealth Development is entitled at any time to check the sales documents of the customer and to inform his customers of the assignment.

If the claim of the customer has been added to a current account, the customer his claim from the current account to his client to Stealth Development hereby assigns already.

The assignment shall apply to the amount, the Stealth Development has charged to the customer for the resold reserved goods.

In case of seizure of the goods by the customer Stealth Development should be informed immediately by sending a copy of the execution record and a affidavit about the fact that it is delivered by us and standing under retention of title in the goods attached.

If the value of collateral in accordance with paragraphs of this paragraph the amount of secured hereby open call for withdrawal of security costs for the foreseeable future by more than 20%, the customer is entitled to demand the release of securities of Stealth Development insofar as the overrun has occurred.

For the evaluation of the collateral of the time of the release request for existing net list price of Stealth Development is instrumental in goods. When assigned claims is expected from the net invoice amount less a safety margin of 30%. Is it claims, in which the buyer of the customer is already in default or facts are known, which give reasonable grounds to believe that a failure is to be feared, so the discount is 50%. In due combining, mixing or processing securities existing only in the form of co-ownership of the net list price of the goods delivered by Stealth Development minus a discount of 30% is expected.

For test and demonstration purposes delivered items remain the property of Stealth Development. They may be used by the customer only because of a special agreement with Stealth Development on the test or demonstration purposes beyond.

8. default, frustration, resignation

Come Stealth Development with the transfer of an object in default and applies Stealth Development with respect to the delay in the accusation of gross negligence or intent, Stealth Development is the customer replace all his resulting damages. In the case of simple negligence, the customer claims are excluded.

When non-delivery by the supplier both parties have the right to cancel the contract.

Stealth Development is authorized for the following reasons, to withdraw from the contract:

If there is contrary to the assumption existing prior to the conclusion that the customer is not creditworthy. Credit unworthiness can be accepted readily in the case of the bill or check protest, the payment by the customer or an unsuccessful enforcement attempt at the customer. It is not necessary that it concerns relations between Stealth Development and the customer.

If it turns out that the customer has provided inaccurate information regarding its creditworthiness and this information is of considerable importance for the conclusion of the contract are.

If the subject to retention of Stealth Development goods sold other than in the ordinary course of business of the customer, in particular by transferring ownership or pledge. Exceptions exist only if Stealth Development has declared the written consent to the sale.

Stealth Development can continue to withdraw from the contract if developed after the conclusion of the contract settlement essential circumstances without our influence ability so that for Stealth Development performance is impossible or unreasonably difficult (eg. B. not responsible by Stealth Development Non-delivery by its suppliers or possibility of delivery only under much more difficult conditions).

Stealth Development is finally also entitled to withdraw if the client substantially violates its contractual obligations, in particular because it is a negligence concerning the handling of the goods delivered under retention of title is to blame.

For the rest, the right of withdrawal of Stealth Development and the right of withdrawal of the customer is determined by statutory provisions.

9. warranty

Stealth Development warrants as follows:

If the customer is a consumer is:

For all goods from our shop, there are legal warranty rights. The warranty period begins with the transfer of risk to the customer.

Entrepreneurs must inspect the goods immediately for defects and Stealth Development obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch of the notice of defects. The entrepreneur bears the full burden of proof for all claims, in particular for the defect itself, for the time of discovery of the defect and the timeliness of the complaint.

Complaints will only be accepted by Stealth Development if they have been notified in writing. Complaints which are made against field staff or carriers or other third party claims, and do not constitute duly and timely complaints. This does not apply if the customer is a consumer.

In the event that, due to a justified complaint a replacement, the provisions on the delivery time shall apply accordingly. For defect removal by repair a reasonable period of two weeks we grant.

The existence of such noted and communicated through proper defect defect justified the customer the following rights:

The customer in the event of defectiveness, first the right of Stealth Development subsequent performance to verlangen.Nichterfüllung choice of Stealth development by eliminating the error or replacement.

The right to choose whether a new delivery of the item or a removal of defects takes place, Stealth Development meets at its discretion. If the customer is a consumer, he has this right to vote, unless the currently selected type of remedy, stealth Development unreasonable.

Moreover Stealth Development has the right to make a renewed improvement, again within a reasonable time in case of failure of a repair attempt. Only if the second rectification fails, the customer has the right to cancel the contract or to reduce the purchase price.

The customer may exclusively in cases of gross negligence or willful violation of Stealth Development striking obligation to deliver goods free from damages or reimbursement of expenses. He has to prove the damage that has occurred on the merits and the amount. The same applies to futile expenses.

The defect warranty does not apply to damages caused by faulty or negligent handling, excessive strain, unsuitable equipment and chemical, electrochemical, electrical and atmospheric conditions for the transfer of risk.

Stealth Development liable for damages arising from the defectiveness of the goods only if this is due to an at least grossly negligent breach of Stealth Development, the legal representatives or agents.

The foregoing restriction is expressly not apply if a liability for damages resulting from injury to life, limb or health is established by a culpable breach of duty by Stealth Development, the legal representatives or agents.

If Stealth Development has provided a guarantee for a certain type of personality of the sold thing for a specified period, so the above provisions on the inspection and notification and the number of attempts according not apply.

10. Compensation

The customer Stealth Development to provide for disposal of the infringement a reasonable additional period, which may not be less three weeks. Only after expiry of the additional period, the customer can withdraw from the contract and / or claim damages.

Damages may be asserted only in cases of gross negligence or willful misconduct by Stealth Development of customer.

The compensation is in any case limited to the amount of the purchase price.

If the customer for circumstances which would entitle him to resign, solely or mainly responsible or of the right to termination circumstance occurred during default of acceptance by the customer, the cancellation is excluded.

For entrepreneurs is in addition the following:

Damages the customer may assert by us only in cases of gross negligence or willful misconduct, damages instead of performance (for non-compliance, § 280 para. 3 i. V. m. § 281 BGB) and the delay damage (§ 280 para. 2 i . V. m. § 286 BGB) is limited to the negative interest, compensation for not or not rendered as owed (§ 282 BGB) is limited to the amount of the purchase price.

Damages instead of performance in exclusion of the performance obligation (impossibility) is excluded.

The liability of Stealth Development for fraud or under the Product Liability Act remains unaffected.

Procurement risk:

Stealth Development assumes no procurement risk in the ordered and not immediately deliverable items. The acquisition of any kind guarantees is excluded, unless this express written agreement has been concluded with the customer.

The above limitations do not apply for foreseeable damages due to breach of contract. In such a case, however, Stealth Development is only liable if the damage was predictable. For unforeseeable excess risks Stealth Development is not liable.

The above restriction also applies expressly not apply where liability for damage resulting from injury to life, limb or health is founded by individuals through a breach of duty of Stealth Development, the legal representatives or agents.

11. Offsetting / Retention

The customer is only entitled to offset claims that are undisputed or established.

In the case of a justified complaint of retention is permissible only in an appropriate and reasonable relationship between defect and purchase price. If the business is a commercial transaction between merchants is, the customer may withhold payments only if the complaint of us has been accepted or the claim is established by a court.

12. Prohibition of assignment

The rights of the customer based on the executed transactions with us are not transferable without written consent from us.

13. General

Should one or more of the above conditions are or become invalid or contain a loophole, the remaining provisions remain unaffected. The parties are in such a case obliged to replace an ineffective provision with a valid, corresponding to the economic purpose of the original most closely. This also applies to filling any gaps.

Of the above provisions deviating or additional agreements are only effective in the form of a written agreement to the agreement signed by the parties contract in which the amended terms of reference. The waiver of this written form requirement must be in writing.

The sole jurisdiction for any disputes arising from the contractual relationship, its effectiveness is when the customer is a merchant, legal entity under public law or a public law special fund or has its registered office abroad, at the option of stealth Development of the seat of Stealth Development or the seat of the customer.

only the law of the Federal Republic of Germany for this contractual relationship. The validity of the CISG for the International Sale of Goods is expressly excluded.

If the buyer refuses acceptance of ordered goods, Stealth Development is entitled to rescind the contract and / or claim damages for non-performance. Stealth Development and in any event the shipping and handling fees charged and may even without proof of actual damages equaling 25% of the purchase price.

On re sending resulting shipping and handling fees are recalculated. Basically Stealth Development reserves to provide for denied accepting special the full purchase price into account.

14. indication

Products of Stealth Development are individual, made for motorsports.

Except as otherwise provided or Full overlay ABE are the products only from masters or specialists to build in and may only be used within the range specification and correspondingly adapted engine mapping werden.Bei improper use invalidate Haftungsanspruch.Das use and driving with the offered Motorsport products is at your own cost and risk. Furthermore Stealth Development is not liable for indirect damages, consequential damages and consequential damages.

End of the General Terms and Conditions.