Terms of Business & Cancellation Conditions, and Liability Disclaimers
Data protection and intellectual property
We are committed to protecting customer information and retain the copyright to the software we create.
Changes to the terms of business
These terms of business may be updated at any time. Customers will be informed of material changes.
Applicable law and dispute resolution
These terms are governed by the law of the country/location of the company. Disputes should primarily be settled out of court.
Notice
With regard to permissibility, each customer must inform themselves individually about the consequences of chip tuning — such as registrability, type approval (operating licence) and insurance cover.
Existing chip tuning
If chip tuning has already been or was carried out by another company, we charge a flat fee for our additional effort. We accept no liability for complications in this case.
Warranty option via NSA
For most vehicles we offer the option to take out a warranty through NSA Garantie (www.nsagarantie.com). We create the relevant policy via an online portal; the customer then receives the invoice directly by email from NSA Garantie. The invoice must be paid within the stated payment period in order to obtain warranty cover under the terms of NSA Garantie. The terms can be found on the warranty provider’s website. The relevant warranties are called Tuning 2 and Tuning 5, for vehicles up to 2 years and vehicles up to 5 years since first registration. For vehicles first registered more than 5 years ago, we do not offer a policy. Older vehicles cannot be insured, as they are too unpredictable.
Any obligations that arise for NSA and are declined are set out in our NSA warranty article.
Consent and acceptance
By using our configurator and/or using our services, the customer agrees to our terms of business. This consent is recorded at the first point of contact. Written consent is required before the service is carried out. In the event of objection on site, we charge a compensation for expenses of €290.00 gross.
Extended consent
Our terms of business must additionally be agreed to in writing by the customer before our service is carried out.
If the terms of business are first agreed to (see above, «initial consent») and then objected to on site before the service begins, we do not carry out any service and charge a flat fee of €290.00 gross for the effort incurred. The flat fee covers the preparation of the software, any travel, and compensation for the time lost. If the customer on site is not also the person who submitted the form or used the configurator, the flat fee is directed at the sender of the contact form. If we forget to obtain the signature, it is to be obtained subsequently. If it is not obtained, our terms of business do not become invalid.
Appointments and cancellations
Agreed appointments are binding and do not require additional email confirmation. Appointments must be cancelled two working days before the appointment day; otherwise we charge a flat fee of €290.00 gross for the effort incurred.
If a new appointment is arranged, 50% of the flat fee is credited as a discount on the invoice for the service. If the second appointment is also not cancelled in time or is not attended, the customer is automatically banned from the premises and receives no alternative appointment.
Payment terms
Payment is made exclusively in cash, both at the partner location and for mobile services. For the mobile service, advance payment is required.
Payment at the partner location
The service is generally to be paid in cash. Other payment methods are not accepted. Payment is due at the latest shortly before the vehicle is handed over. On request, payment can be receipted by email.
Payment for the mobile service
The service in the mobile service is likewise to be paid only in cash. In the mobile service, due to poor payment morale, advance payment is required. The advance payment is due at the latest after the software status has been read out. On request, payment can be receipted by email.
Lien
If the customer fails to pay, we have the right to retain the vehicle until payment is made. The legal basis arises from the statutory contractor’s lien and is extended by a contractual lien. The vehicle also remains in the company’s possession for outstanding claims for services that arose in the past, until payment. The lien includes retaining the vehicle key, the vehicle and the registration papers, including the vehicle registration certificate. If not all associated items are already in the company’s possession, the surrender of the relevant items may be demanded. The same applies if the keeper of the vehicle differs from the debtor and this fact was not known to us. Against the owner’s claim for surrender, the contractor may assert a right of retention arising from the contractually established claim for payment for the work. This was justified and payable by the client. The workshop was therefore entitled to make the surrender of the vehicle to the client conditional on the client paying the agreed payment for the work, step by step (concurrently).
Payment terms for instalments and deferred payment (pay 30 days later) via PayPal
Method of payment: The “instalments” or “pay 30 days later” options via PayPal count as advance payment for the configured services.
Right of withdrawal and refund: Payment can be withdrawn and fully refunded up to two working days before the agreed appointment. After this time, or once the service has begun, a refund is excluded unless the service is not possible. The withdrawal is to be communicated by email, without any particular form, stating the appointment details, to the following email address: anfragen@stage-x-tuning.de
Refund where not feasible: If providing the configured service is not possible, the corresponding partial amount or the total amount will be refunded — depending on whether the service can be provided partially or not at all.
Irrevocability of payment: After the two-working-day deadline before the appointment, or when provision of the service begins, the customer loses the right to withdraw the payment.
Independence from PayPal buyer protection: The due date of payment is independent of the provisions of PayPal buyer protection.
Fees for unlawful withdrawal: If payment is withdrawn unlawfully, or a refund is requested without justified reason, a fee of €150.00 plus a cancellation fee of €290.00 becomes due if the agreed appointment is less than two working days away.
The work involved in handling the PayPal buyer-protection case is in any event invoiced at a flat fee of €290.00.
Liability disclaimer
We accept no liability for damage or other claims that could arise in connection with our chip tuning services. This also excludes liability for existing chip tuning from third-party providers. Our services are to be commissioned at your own responsibility. We can advise and recommend; regardless of this, the customer is themselves responsible for informing themselves about relevant services from independent sources. The posts on our website represent our opinions and experiences and may contain errors. Subject to changes and errors.
Information in the configurator
The information in our configurator merely represents guide values and refers to vehicles in new condition that previously actually had series (standard) output. With higher mileage, greater age or wear, the actual output can of course deviate. The software-programmed output may likewise deviate somewhat.
Our software, our property
The service we carry out is mostly a software service. This means we create an image of a particular piece of software and modify it. The image and the software we have modified remain our property, even if one or both of the software versions are flashed onto a customer’s control unit.
Unjustified notices of defect
If, after examining a notice of defect reported by the customer, it turns out that there is no defect, or that the defect found is not our responsibility, we are entitled to charge the customer a reasonable amount for the expenses incurred in connection with the examination (in particular inspection, transport and labour costs).
Duration of the service
We cannot predict the duration of the service, only estimate it. A chip tune will probably not take longer than 3 hours, but it can also take considerably longer — several days or even weeks. We accept no costs for waiting time incurred, replacement vehicles or other claims against us in this connection.
Test drive
The possibility of a test drive and, where applicable, transfer at one of our workshops is granted. Furthermore, it is warranted that the vehicle is registered and has adequate insurance cover. We accept no liability of our own in the event of traffic accidents; here we rely on the customer’s information.
Service provider & contractual partner
The service provider is the company: STAGE X TUNING EXECUTIVE LTD, Exegerseos Street No. 14, Lighthouse Villa No. 7, Larnaca, Cyprus 7560 — Managing Director: Olga Kolesneva — Company registration number: HE 475793 — VAT ID: CY60177189Q
In the event that our configurator has been embedded on another website of another company and a service was provided through it (“another website” meaning other than “www.stage-x-tuning.com.cy”), the company details are to be taken from the legal notice of that other website. Where the service is carried out by another company or on another company’s invoice, all claims are always to be directed at that company — even if the software originally comes from us or was purchased from us. That company is the service provider and contractual partner in all respects.
Exclusions (liability, warranty and claims against us)
Many of our services can cause damage to your vehicle. We always endeavour to prevent damage by working with the necessary care. However, we cannot guarantee that no complications or problems will occur.
We exclude all liability that may arise from such problems. The vehicle’s data may already have been encrypted in advance by third parties, so that the vehicle is no longer roadworthy after our chip tuning. Furthermore, we exclude all liability that may arise during transport of the vehicle by external companies. The claim is hereby to be directed expressly and directly against the transport company, even if we are the client of the said transport company. The customer must monitor the transport process on site and, where necessary, intervene/abort if the commissioned service provider acts carelessly.
The same applies to third-party companies that work on or with the vehicle.
Our services mostly do not take longer than 2 hours, which we also state on our website; however, we point out that complications can occur which can greatly extend the duration of our work. We exclude any liability claims, such as replacement vehicles or compensation for loss of use, if the performance of our work results in the customer’s vehicle no longer being usable for an indefinite period.
Our service is also mobile. However, there is no binding entitlement to the mobile service, even if the appointment is or was already carried out on a mobile basis. In some cases it is necessary for the customer to visit us again at a workshop of our choice for further optimisation or rectification. Otherwise, we invoice the services performed so far directly.
The CVN matching and VMax removal service is free of charge. If such an adjustment is not directly possible for us, there is no entitlement to rectification.
If manipulation has already been carried out on the vehicle, or there is a suspicion of such manipulation, we reserve the right to abort our work and to invoice our work to date.
We exclude all liability and claims for compensation attributable to errors over which we had no influence at the moment of the event. In this case, the customer bears any costs that may arise, in particular our costs. As a gesture of goodwill, we may fully cover any costs incurred for the customer. If we restore the vehicle to an operational, flawless condition, the customer owes us the costs we incurred. If the customer restores the vehicle to the relevant condition themselves, no valid claim arises against us — neither for the repair nor for substitute services such as compensation for loss of use.
As proof against negligence, the customer agrees to accept screenshots and console logs in text-file form as evidence.
The liability disclaimer and the associated declaration of consent take effect with each service requested and provided by us, between the customer and the company Stage X Tuning Ltd.
In the event that our configurator has been embedded on another website (“another website” meaning other than “www.stage-x-tuning.com.cy”), the company details are to be taken from the legal notice of that other website. Where the service is carried out by another company or on another company’s invoice, all claims are always to be directed at that company.
Please note that our services can cause damage to your vehicle. It is to be expected that your engine, or components of the engine, may not be suitable for delivering and/or withstanding, on a permanent basis, the increase in performance or software adjustment brought about by our service.
We can only offer an additional warranty against a surcharge via our warranty partner, in order to protect customers. Please note, however, that this is not available for all vehicles and tuning variants.
Please also observe the warranty conditions of the warranty provider in this regard. In particular, in the case of modifications to engines, the customer waives warranty or damages, both during and after the service. Furthermore, please note that our service may affect your vehicle’s type approval and road-registration status. Depending on the rules in your country, you may need to have the vehicle re-inspected and re-certified at your own cost and responsibility. Without valid road registration or approval, your vehicle may also have no insurance cover. Please note further that, depending on your country, tuning may change how your vehicle is classified or taxed (for example, on the basis of its emissions). It is your own responsibility to check the rules that apply in your country and to arrange any required measurement, re-assessment or notification; otherwise you may be acting unlawfully. I/we accept no responsibility for any consequences. These lie solely with you. With the software adjustment explicitly requested by you, you confirm that you release us/me from any and all liability — in particular from the consequences listed above arising from the use of our service. We accept no liability either for damage to the engine, gearbox or other permanently installed components, or for legal consequences.
We do not rule out the possibility of a goodwill request and are happy to accommodate our customers; however, we ask at the same time for your understanding that we cannot act as a free vehicle warranty provider. Services offered as included or free are services we are not obliged to provide — in no case binding on us.
Liability disclaimer for already-modified vehicles
We accept no liability for damage to vehicles that have already been modified by third parties, or where there is or was a suspicion of manipulation.
Deactivations
Certain deactivations, such as the AdBlue deactivation, in some cases require several detailed test drives over a longer period — days, weeks, months or even years. Some systems require repeated adjustments until the deactivation works fully and reliably. We accept no liability for possible failures or resulting consequential damage, such as missed flights, appointments or replacement-vehicle costs.
It is possible that vehicles will no longer start or will break down while driving. This can happen particularly with the AdBlue deactivation, if the measure does not work as intended and the control unit blocks the engine start due to an AdBlue fault.
If the work involved exceeds the calculated costs, an additional fee may be demanded. If this is not paid or is refused, work on the vehicle is stopped without any claims in return.
Shipping, forwarding, insurance and liability for repair devices
“Sender” is the company “STAGE X TUNING EXECUTIVE LTD”, including all operating sites it commissions (“partner locations”) as well as external subcontractors who receive, process or ship repair devices on the company’s behalf.
“Customer” is any natural or legal person who sends repair devices to the sender for inspection, repair, maintenance or other processing, or receives them back from the sender, regardless of whether they are a consumer or an entrepreneur (business customer).
Scope
This rule applies to the transport of control units and comparable electronic components (“repair devices”):– for items sent in by the customer to the sender,– for internal forwarding between the company’s operating sites (“partner locations”) as well as to commissioned subcontractors,– and for returns to the customer or to a recipient designated by the customer.
Customer’s packaging obligation
a) The customer is obliged to package repair devices securely for transport and in accordance with the packaging guidelines of the chosen transport service provider.b) The sender is not liable for damage caused by inadequate or improper packaging.c) The sender is entitled to refuse acceptance of inadequately packaged consignments or to point out the increased risk to the customer.
Sending in repair devices
The sender accepts no liability for damage, loss, theft or other harm that occurs during sending or transport until the repair devices have arrived at the delivery address notified by the sender. The binding delivery address is notified to the customer by the sender before shipping. No liability is accepted for consignments sent to other addresses not expressly confirmed by the sender.
Forwarding to partner locations or subcontractors
a) The sender is entitled to forward repair devices to its own other locations (“partner locations”) or to commissioned subcontractors to carry out or support the repair order.b) This forwarding takes place in compliance with usual transport standards, but may include transport routes via third parties.c) No further liability obligations of the sender arise from the forwarding.
Return shipping – Part 1
a) Repair devices are shipped exclusively by DHL parcel, including tracking and the standard liability provided for in the current DHL terms (currently up to €500 per parcel).b) Transport insurance beyond this is not taken out automatically.
Additional insurance and liability – Part 2
a) Higher or additional transport insurance is taken out exclusively at the express request and expense of the customer. The request (for a specially insured return shipment) must be communicated by the customer to the sender in text form before the repair device is first sent. Without such an express agreement, the sender is not liable for damage, losses or other claims that exceed the transport service provider’s standard liability framework.b) For outbound, return or intermediate shipping, the sender is not itself liable for loss, damage or other harm to the repair devices. “Sender” here includes partner locations and subcontractors.c) DHL parcels are currently insured up to €500 as standard. At the customer’s express request, additional insurance can be taken out (for a surcharge):– up to €2,500: + €6.99– up to €25,000: + €19.99For higher insurance sums, the customer must organise the shipping themselves and provide the sender with a shipping label.d) In the event of a claim (loss, theft or damage [standard and specially insured shipping]), the sender assigns its claims against DHL to the customer. Should DHL not agree to an assignment, compensation or similar claims can only be made insofar as DHL has paid these out to the sender (incl. partner locations, partners and subcontractors) as the sender. Compensation or similar claims above the DHL insurance amount are fully excluded.e) By shipping (customer to sender/company) the repair device, the customer confirms that they have read and accepted the applicable GTC, terms of business, cancellation conditions and these shipping and liability rules. If the customer does not agree with these conditions, no shipment to the sender may take place. The return shipment of the devices takes place exclusively after full receipt of payment.
Passing of risk
a) B2B (entrepreneurs): If the customer is an entrepreneur (business customer), the risk of accidental loss or accidental deterioration of the repair devices passes to the recipient on handover to the transport service provider, carrier or other person designated to carry out the shipment. The sender’s liability after the passing of risk is limited to the compensation that the commissioned transport service provider provides under its terms.b) B2C (consumers): If the customer is a consumer, the risk passes only on handover of the repair device to the customer or a recipient designated by them. Compensation beyond the standard liability framework (up to €500) is provided only if additional insurance was taken out beforehand.c) Any further liability for loss, destruction or damage — on whatever legal grounds — is excluded, unless there is intent or gross negligence.
Duty to inspect on receipt
The recipient (customer) is obliged to inspect the consignment immediately after receipt for externally visible damage or shortfalls, and to report any transport damage in writing to the transport service provider immediately. A copy of the complaint is to be sent to the sender without delay.
Default of acceptance
If the customer is in default of accepting the repaired goods, they bear the risk of accidental loss or deterioration from the time of the default of acceptance. Any storage costs may be charged to the customer.
Storage and retention periods
Repair devices that, despite a request, are not collected or released for return within 3 months of completion may be disposed of or utilised at the customer’s expense.
Retention of title for repairs
Repaired devices remain the property of the sender until all repair costs and expenses have been paid in full. The sender is entitled to refuse surrender until all claims have been met (right of retention).
Self-flasher
If we provide the customer with a dongle for flashing their software, the customer is liable for damage, loss and theft until the dongle has been handed over to us. What counts here is actual receipt, not dispatch. If the dongle is lost during shipping, the responsibility and liability lie with the customer.
Software-only services
Our services comprise exclusively software-side adjustments. In some cases, however, additional mechanical work is required to make the adjustment effective — for example, disconnecting an AdBlue control unit or an EGR plug. The agreed price relates exclusively to the software adjustment. Mechanical work is not included and must, if necessary, be carried out separately.
Cancellation conditions
The statutory right of withdrawal for private customers of two weeks applies. Further details can be found in the GTC.
Extended withdrawal conditions
Exclusion or limitation of the right of withdrawal for services
(1) The consumer’s statutory right of withdrawal lapses if the service has been provided in full and the consumer 1. has expressly agreed that the company begins performing the service before the end of the withdrawal period, and 2. has confirmed that they lose their right of withdrawal upon full performance of the contract.
(2) For services that have already begun but not yet been provided in full, there is likewise no longer a full right of withdrawal. In this case, the consumer is obliged to pay compensation for the value of the services provided up to the point of withdrawal. This is calculated proportionately on the basis of the agreed total price.
(3) By agreeing to our terms of business, the consumer expressly declares:
“I expressly request that you begin performing the service before the end of the withdrawal period. I am aware that I lose my right of withdrawal upon full provision of the service, and that for partial provision I am obliged to pay compensation for value.”
Place of jurisdiction
For contracts with business customers, the place of jurisdiction is Larnaca, Cyprus. Cyprus is a member of the European Union, so the same EU legal provisions and consumer-protection standards apply. For private customers, the statutory places of jurisdiction at the customer’s place of residence remain in effect.
Severability clause
Should individual conditions be or become invalid and unenforceable, or unenforceable and invalid, the validity of the remainder shall otherwise remain unaffected. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose effects come closest to the economic objective. The foregoing provisions apply accordingly in the event that the conditions prove to contain gaps.
If the customer does not agree with a condition and a condition is invalid for legal reasons, they are not to have any service carried out by us. We may invoice costs incurred.
In this text, chip tuning is to be understood as software adjustment of the engine control unit or gearbox control unit. It refers to all our services, including deactivations and performance increases.