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Terms and Conditions with Customer Information
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Table of Contents
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1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Hasan Gündogan, operating under "OBD Diagnostic Tools" (hereinafter "we/us"), apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter "you"), conclude with us regarding the goods displayed in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.
1.2 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly neither commercial nor your independent professional activity.
1.3 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to enable you to submit a binding offer.
2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, by clicking the button that concludes the ordering process, you submit a legally binding contractual offer with regard to the goods contained in the shopping cart. Furthermore, you can also submit the offer to us by e-mail, via the online contact form or by telephone.
2.3 We can accept your offer within five days,
- by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by you is decisive, or
- by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
- by requesting payment from you after you have placed your order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of your offer begins on the day after the sending of your offer and ends with the expiry of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that you are no longer bound by your declaration of intent.
2.4 If you choose a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if you do not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a PayPal payment method selectable during the online ordering process, we declare our acceptance of your offer at the time you click the button that concludes the ordering process.
2.5 When ordering via our online order form, we save the contract text after the conclusion of the contract and transmit it to you in text form (e.g. e-mail, fax or letter) after you have sent your order. We do not make the contract text accessible beyond this. If you have set up a user account in our online shop before sending your order, your order data will be archived on our website and can be accessed free of charge by you via your password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of your browser, which enlarges the display on the screen. You can correct your entries within the electronic ordering process using the usual keyboard and mouse functions until you click the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place via e-mail and automated order processing. You must ensure that the e-mail address you provided for order processing is correct so that e-mails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our cancellation policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in our product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which are to be borne by you. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in connection with the money transfer if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to you in our online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless we have agreed a later due date with you.
4.5 If a payment method offered via the payment service "PayPal" is selected, the payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers. If we also offer payment methods via PayPal for which we make advance payments to you (e.g. purchase on account or installment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. We reserve the right to refuse you the selected payment method in the event of a negative check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, we remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and shipments or credits.
4.6 If the payment method "Sofortüberweisung" is selected, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To be able to pay the invoice amount via "Sofortüberweisung", you must have an online banking account activated for "Sofortüberweisung", identify yourself accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and your bank account is debited. Further information on the payment method "Sofortüberweisung" can be found on the Internet at https://www.klarna.com/sofort/.
4.7 If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to you in our online shop. Stripe may use further payment services for payment processing, for which special payment conditions may apply, to which you may be separately notified. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.8 If a payment method offered via the payment service "Stripe" is selected, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to you in our online shop. Stripe may use further payment services for payment processing, for which special payment conditions may apply, to which you may be separately notified. Further information on Stripe is available on the Internet at https://stripe.com/de.
4.9 If a payment method offered via the payment service "Stripe" is selected, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to you in our online shop. Stripe may use further payment services for payment processing, for which special payment conditions may apply, to which you may be separately notified. Further information on Stripe is available on the Internet at https://stripe.com/de.
5) Delivery and Shipping Conditions
5.1 If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address you provided, unless otherwise agreed. When processing the transaction, the delivery address specified in our order processing is decisive. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by you with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of dispatch if you effectively exercise your right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by you, the regulation made in our cancellation policy applies.
5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you or a person authorized to receive the goods upon delivery. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to you, even if you act as a consumer, as soon as we have delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if you have commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and we have not previously named this person or institution to you.
5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not our fault and we have concluded a concrete hedging transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If we make advance payment, we reserve ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
Unless otherwise specified in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If you act as an entrepreneur,
- we have the choice of the type of supplementary performance;
- for new goods, the limitation period for defect claims is one year from delivery of the goods;
- for used goods, defect claims are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 If you act as a consumer, for contracts for the delivery of used goods, with the restriction of the following paragraph: The limitation period for defect claims is one year from delivery of the goods, if this has been expressly and separately agreed upon between us and you were specifically informed of the shortening of the limitation period before submitting your contractual declaration.
7.3 The liability limitations and reductions in deadlines regulated above do not apply
- for your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation on our part to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If you act as a merchant within the meaning of § 1 HGB, you are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If you fail to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If you act as a consumer, you are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform us thereof. If you fail to do so, this has no effect on your statutory or contractual defect claims.
8) Liability
The seller is liable to you for all contractual, contract-like and statutory, and also tortious claims for damages and reimbursement of expenses as follows:
8.1 We are liable without limitation for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise regulated in this regard,
- based on mandatory liability such as under the Product Liability Act.
8.2 If we negligently violate a material contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless we are liable without limitation in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you can regularly rely.
8.3 Otherwise, our liability is excluded.
8.4 The aforementioned liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.
9) Applicable Law
All legal relations between you and us shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. If you act as a consumer, this choice of law applies only insofar as the protection granted to you by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn.
10) Alternative Dispute Resolution
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but we are willing to do so.
Copyright notice: These GTC were created by the specialist lawyers of the IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)
Status: 12.05.2026, 09:02:40
