Termini e condizioni del servizio
Langwieser Performance GmbH
Effective: January 2025
1. Scope of Application
These General Terms and Conditions (GTC) apply to all orders, deliveries, and services between Langwieser Performance GmbH, based in Perg, Austria (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") via the online shop www.langwieser-performance.com. Customers may be consumers (B2C) or business customers (B2B).
2. Conclusion of Contract
The product presentations in the online shop do not constitute a legally binding offer. By placing an order, the Customer submits a binding purchase offer. The purchase contract is concluded through express acceptance by the Seller or upon dispatch of the goods.
3. Prices and Payment Terms
All prices are in euros, excluding shipping costs and – unless otherwise stated – including statutory VAT. For deliveries outside the EU, additional customs duties, taxes, or fees may apply, which are to be borne by the Customer. Accepted payment methods are specified during the ordering process. Dispatch takes place only after full payment has been received.
4. Delivery and Shipping
Shipping is carried out worldwide to the delivery address provided by the Customer. Delivery times and shipping costs are specified in the online shop. Partial deliveries are permitted if reasonable for the Customer.
Transport damage:
The Customer is obliged to inspect the goods for visible damage upon delivery. Any obvious transport damage must be reported to us immediately, and no later than within 48 hours after receipt, ideally with photographic documentation and a damage report. Hidden transport damage must be reported in writing within 5 working days after receipt. If this deadline is not met, claims for replacement may be excluded.
5. Right of Withdrawal (B2C only)
Consumers have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period begins upon receipt of the goods. Timely dispatch of the withdrawal notice is sufficient to meet the deadline.
Exclusion from the right of withdrawal applies to:
- Goods made to customer specifications, ordered specifically, or programmed for a specific vehicle;
- Items that have already been installed, used, or put into operation;
- Electronic components and control units.
Return shipping costs are borne by the Customer. The withdrawal form and additional information can be found at: https://www.langwieser-performance.com/policies/refund-policy
6. Return Policy for B2B Transactions
Returns are generally excluded for business customers (B2B), even for unused or originally packaged items.
7. Exchange Parts / Core Returns
Some products are sold on an exchange basis. No deposit is charged in advance. If the old part is not returned within the period specified in the product description, we reserve the right to charge the replacement deposit indicated therein. Returns must be complete and in a usable condition.
8. Warranty Conditions
The warranty period is stated in the respective product description. Warranty claims are only accepted if the following conditions are met:
- Installation was performed by a qualified automotive technician in accordance with manufacturer specifications;
- A proper basic adaptation was carried out using diagnostic equipment for automatic or dual-clutch transmissions;
- All specifications regarding oil quantities, oil quality, sealants, and installation instructions were followed;
- The part was not opened, modified, or tampered with.
The warranty covers only the delivered part. The following are not covered:
- Installation and removal costs,
- Material costs,
- Diagnostic, transport, or downtime costs,
- Consequential damages.
In the event of a warranty claim, the following must be submitted:
- A fully completed fault description or warranty claim form;
- Fault memory printouts before and after installation or repair;
- Proof of proper installation and basic adaptation.
Tuning check:
As part of the verification process, we reserve the right to perform a tuning check with the vehicle manufacturer. If software manipulation (e.g., chip tuning, map modifications) is detected, all warranty claims shall be void – regardless of any causal relation to the defect.
9. Statutory Warranty
For consumers (B2C), the statutory warranty period is 24 months from receipt of goods. The burden of proof lies with the Seller during the first 6 months, and with the Customer thereafter.
For business customers (B2B), the warranty period is reduced to 12 months from delivery. In addition, the obligation to inspect and report defects in accordance with § 377 UGB applies: The Customer must inspect the goods immediately and report any defects in writing. Failure to notify means the goods are deemed accepted.
The following are excluded from the warranty:
- Damage due to improper installation, incorrect application, or disregard of manufacturer specifications;
- Wear and tear, improper use, or external influences;
- Software manipulation and tuning.
10. Retention of Title
The goods remain the property of Langwieser Performance GmbH until full payment is received.
11. Liability
We are only liable for damages caused by gross negligence or willful misconduct. Liability for indirect damages, loss of profits, or consequential damages is excluded to the extent permitted by law.
12. Customs and Import
The Customer is solely responsible for compliance with all national import, tax, or registration regulations in the destination country. Any additional costs (customs duties, import VAT, etc.) are to be borne by the Customer.
13. Technical Information
All technical information in the shop is provided to the best of our knowledge. We are not liable for application errors, incorrect assignment, or incorrect vehicle identification numbers unless we have expressly confirmed the compatibility in writing.
14. Jurisdiction and Applicable Law
Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes is Perg, Austria, unless another mandatory consumer jurisdiction applies.
15. Severability Clause
If individual provisions of these GTC are or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by one that most closely reflects the economic intent of the original.
16. Copyright and Use of Website Content
All content on www.langwieser-performance.com – including texts, product descriptions, technical information, images, graphics, logos, videos, and downloads – is protected by copyright and is the property of Langwieser Performance GmbH unless otherwise stated.
Any use, reproduction, editing, distribution, or publication – including excerpts – without our prior written consent is prohibited. This applies in particular to:
- Commercial use of texts (e.g., product descriptions, blog articles, technical information);
- Copying of images, illustrations, or logos;
- Integration of our content into external online shops, portals, catalogs, or platforms;
- Use of our GTC, return or warranty conditions on third-party websites.
Violations may result in civil, criminal, and copyright consequences. In particular, we reserve the right to claim a flat-rate contractual penalty of EUR 1,500 per infringement. Further claims for damages remain unaffected.
17. Sale of Donor / Defective Parts
Some products are expressly offered as defective, non-functional, or solely as donor parts. These items are clearly marked and are primarily intended for customers who wish to extract or refurbish components.
Such items are sold without any guarantee of functionality. Warranty in these cases is strictly limited to conformity with the product description and the delivered condition. Liability for usability, repairability, or fitness for a particular purpose is expressly excluded.
Note for consumers (B2C): These limitations only apply if the condition of the goods is clearly stated in the product description and communicated prior to purchase.
18. Non-Binding Nature of Technical Advice
We provide voluntary support and assistance to our customers regarding fault diagnosis, part compatibility, and technical matters – e.g., via email, phone, WhatsApp, or other communication channels.
These recommendations, such as "Part X may solve problem Y", are provided to the best of our knowledge but do not constitute a binding diagnosis or legally enforceable advice.
The final responsibility for fault analysis, decision-making, and correct installation lies with the Customer or their appointed specialist workshop.
Any liability for damages, incorrect purchases, or consequential costs resulting from inaccurate, incomplete, or misinterpreted recommendations is expressly excluded.
Langwieser Performance GmbH
Sonnenplatz 2
4360 Grein
Austria
Phone: +437268/21 099
Mail: customerservice@langwieser-performance.com
VAT Number: ATU70814023
Company register number: FN 451167 g
Company court: Landesgericht Linz