General Terms and Conditions (GTC)
I. General Terms and Conditions
1. Scope of Application
The following General Terms and Conditions (GTC) govern the contractual relationship between Dynavin GmbH, Siemensstr. 7, D-76316 Malsch / Germany (www.dynavin.de), and consumers and businesses who purchase goods through our shop. Contrary or deviating conditions will not be recognized by us. The contract language is German.
2. Conclusion of Contract
(1) The offers on the Internet represent a non-binding invitation for you to purchase goods.
(2) You can add one or more products to the shopping cart. During the ordering process, you enter your data and preferences regarding payment method, delivery modalities, etc. Only by clicking the order button do you make a binding offer to conclude a purchase contract. You can also place a binding order by telephone.
(3) The acceptance of the offer is declared at the same time as the immediate confirmation of access sent by e-mail, and the purchase contract is thereby concluded. In the case of a telephone order, the purchase contract is concluded when we immediately accept your offer. If the offer is not accepted immediately, you are no longer bound by it.
3. Customer Information: Storage of Your Order Data
(1) Your order with details of the concluded contract (e.g., type of product, price, etc.) will be stored by us. We will send you the GTC. However, you can also access the GTC at any time on our website after the conclusion of the contract. As a registered customer, you can access your past orders through the customer login area (Your Account). Additionally, you can receive special product information/updates at any time, but you can unsubscribe from this service at any time.
(2) Data Protection: Your personal data will be processed by us in accordance with applicable data protection laws. We only collect, store, and use your data to the extent necessary to process your order. Further information on the processing of your personal data and your rights can be found in our privacy policy, available on our website.
4. Customer Information: Correction Notice
You can correct your entries at any time before submitting the order using the delete key. We will inform you during the ordering process about additional correction options. You can also end the ordering process at any time by closing the browser window.
5. Retention of Title
The purchased item remains our property until full payment has been made.
6. Limitation Period for Your Warranty Claims
(1) Legal rights for defects exist for our goods.
(2) Warranty for consumers: Your claims for defects expire one year after the handover of the sold item to you. Excluded from this regulation are claims for damages, claims for defects that we have fraudulently concealed, and claims arising from a guarantee that we have given for the quality of the item. The statutory limitation periods apply to these excluded claims.
(3) Warranty for businesses: Your warranty claims for defects in the purchased item expire one year after the transfer of risk. Excluded from this regulation are claims for damages, claims for defects that we have fraudulently concealed, and claims arising from a guarantee that we have given for the quality of the item. Also excluded is the recourse claim under § 478 of the German Civil Code (BGB). The statutory limitation periods apply to these excluded claims.
7. Limitation of Liability / Disclaimer
(1) We exclude liability for slight negligence in the breach of non-essential contractual obligations, damages resulting from injury to life, body or health, guarantees, or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and legal representatives. Essential contractual obligations include, in particular, the obligation to hand over the item to you and to transfer ownership to you. Furthermore, we are obligated to provide you with the item free from defects in title and quality.
(2) We do not cover the costs incurred by engaging third parties for the installation of our products. We will only reimburse the documented installation costs and the costs for the removal of the faulty product if an external expert confirms that our product is defective. The reimbursement is limited to 110.00 EUR (including VAT), and we reserve the right to inspect the alleged defect at our facility in Malsch.
(3) Professional workshops with the necessary tools can typically identify faults in our products and perform installation and diagnosis within 60 minutes. We do not cover costs for staff training and do not bear the risk of finding reliable workshops.
(4) Customers who wish to install and remove our products or have them checked for issues due to warranty claims must contact us in advance. Due to the complexity and professionalism of our products, not all workshops or car dealerships are able to accurately analyze problems and carry out installation and removal work quickly. Therefore, we kindly ask you to contact us first so that we can recommend a suitable partner workshop. If you visit any workshop without prior contact, we will not or only partially cover the costs for installation and removal as well as problem diagnosis, up to a maximum of 110.00 EUR (including VAT).
8. Commercial Place of Jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.
9. Data Transfer to Transport Companies
By completing your order and confirming it during the purchase process, you agree that your email address will be shared exclusively with the shipping service providers Dachser, GLS (General Logistics Systems), DPD (DPD Deutschland GmbH), DHL (Deutsche Post / DHL Paket), or UPS (United Parcel Service). The shipping service provider may therefore transmit status information regarding the delivery of the shipment via email and contact you in case of unavailability or if a pickup at a DHL branch or parcel station is necessary. You can revoke this consent at any time without providing reasons.
II. Customer Information
1. Identity of the Seller / Provider
Dynavin GmbH
Siemensstr. 7
D-76316 Malsch
Tel: +49 (0)7246 944 503-0
Email: [email protected]
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
We are not willing to participate in dispute resolution proceedings before consumer arbitration boards.
2. Informationen zum Zustandekommen des Vertrages
The technical steps leading to the conclusion of the contract, the actual conclusion of the contract, and the correction options are carried out in accordance with the provisions of the “Conclusion of the Contract” section of our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After the order is received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in written form, e.g., via email, which you can print out or electronically save.
4. Essential Features of the Goods or Services
The essential features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including any applicable taxes.
5.2. The incurred shipping costs are not included in the purchase price or the price of the service. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be shown separately during the ordering process, and are to be borne by you additionally, unless free shipping is promised.
5.3. If the delivery is made to countries outside the European Union, additional costs may be incurred that we cannot be held responsible for, such as customs duties, taxes, or money transfer fees (bank transfer or currency exchange fees), which are to be borne by you.
5.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise specified for individual payment methods, the payment claims from the concluded contract are immediately due for payment.
6. Delivery Terms
6.1. The delivery terms, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and deterioration of the sold item during shipment only passes to you upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment. If you are a business entity, the delivery and shipment are at your own risk.
7. Legal Warranty Rights
The liability for defects is governed by the provisions of “6 Warranty” in our General Terms and Conditions (Part I).
III. Right of Withdrawal
1. Scope of Application
The following standardized right of withdrawal regulates the contractual relationship between Dynavin GmbH (www.dynavin.de) and consumers who purchase goods through our shop.
2. Withdrawal Period
You have the right to withdraw from the contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, takes possession of the goods.
To exercise your right of withdrawal, you must inform us (Dynavin GmbH, Siemensstr. 7, D-76316 Malsch) of your decision to withdraw from this contract by means of a clear statement. We recommend using the specially designated “Initiate Withdrawal” portal for this purpose.
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.
3. Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
4. Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts with orders that confirm you are not a private individual, and where the goods have been damaged by the consumer after receipt.
5. Premature Expiration of the Right of Withdrawal
The right of withdrawal expires prematurely for contracts:
- for the delivery of goods that have been inseparably mixed with other goods after delivery due to their nature.
- for the delivery of sealed electronic software/hardware products.
- for the delivery of vehicle-specific retrofit/wiring harness packages.
- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.