Terms of service

Terms of Service

General information

1. The company TPT Motorsport KFZ Technik, hereinafter referred to as " TPT-MOTORSPORT.FILE-SUPPORT.COM " is registered in the

commercial register in Austria.

2. After placing the order, TPT-MOTORSPORT.FILE-SUPPORT.COM sells and delivers optimized automotive software for

engine management systems, tuning hardware and tuning software.

3. Unless otherwise agreed in writing, the following terms and conditions apply to all services on this

website.

4. TPT-MOTORSPORT.FILE-SUPPORT.COM only accepts your own terms and conditions, not the ones of the buyer.

5. TPT-MOTORSPORT.FILE-SUPPORT.COM reserves the right to change the terms and conditions at any time. The current

terms and conditions can always be found on the website of TPT-MOTORSPORT.FILE-SUPPORT.COM.

6. TPT-MOTORSPORT.FILE-SUPPORT.COM will not inform your buyers whenever they change the terms and conditions, as

they are always kept up to date on the TPT-MOTORSPORT.FILE-SUPPORT.COM website.

Offers and contracts

1. All TPT-MOTORSPORT.FILE-SUPPORT.COM offers are non-binding and are valid for a period of 14 days unless otherwise

agreed in writing.

2. A contract is always concluded when both parties sign this, or when an order in the online shop is

sent by the buyer, this is considered accepted by TPT-MOTORSPORT.FILE-SUPPORT.COM.

3. All prices and information on the website of TPT-MOTORSPORT.FILE-SUPPORT.COM have been created with great care.

However, if errors have crept in by mistake, then TPT-MOTORSPORT.FILE-SUPPORT.COM has the right to correct them

without liability for the damage.

4. TPT-MOTORSPORT.FILE-SUPPORT.COM is not obligated to accept all orders and can not be obligated to compensation or

damages.

5. TPT-MOTORSPORT.FILE-SUPPORT.COM requires the correctness of the information given by the buyer when transmitting

the software data. Some defects on the vehicle MUST inform the buyer when submitting the

order. TPT-MOTORSPORT.FILE-SUPPORT.COM is not liable for damage to the vehicle.

6. All information, files and delivered software products are the intellectual property of TPT-MOTORSPORT.FILE-SUPPORT.COM

Operation in the delivery of automotive software

1. TPT-MOTORSPORT.FILE-SUPPORT.COM only processes unencrypted files from master devices and their own slave

structure. The buyer orders the software through TPT-MOTORSPORT.FILE-SUPPORT.COM  webshop and pays in advance

with previously purchased credits. TPT-MOTORSPORT.FILE-SUPPORT.COM then creates with great care the ordered

software for the buyer and uploads them in the user panel, so that the buyer can download them

afterwards. The processing time ranges from one hour to one working day.

2. All delivery instructions from TPT-MOTORSPORT.FILE-SUPPORT.COM are non-binding. The mere non-compliance with

the delivery time does not constitute a non-performance of the contract. If the delivery time can not

be met, TPT-MOTORSPORT.FILE-SUPPORT.COM will inform the buyer immediately.

3. The buyer submits all necessary data to TPT-MOTORSPORT.FILE-SUPPORT.COM.

Working process for the delivery of tuning hardware or software

1. If the product is handed over to the shipping company, it is considered delivered.

2. TPT-MOTORSPORT.FILE-SUPPORT.COM organizes the transport at the risk and expense of the seller. Payment is made

here by Paypal or bank transfer.

3. The products are all delivered by mail to the buyer's address. If it is a software, such as. WinOLS

then the dispatch takes place by email.

4. The specified delivery time is usually adhered to, but is not binding. 

5. After receipt of the goods, the buyer must check these immediately and complain about defects.

Payment system and payment

1. Payment for the vehicle software (tuning file) is made exclusively via credits. These must be

purchased by the buyer before ordering the vehicle software and are not transferable.

2. Prices are always in Euro and include VAT.

3. TPT-MOTORSPORT.FILE-SUPPORT.COM is entitled to adjust prices once a year according to the consumer price index.

4. Price increases are not specified separately, but are directly visible in the shop.

Intellectual property

1. Sämltiche supplied tuning files, vehicle software, as well as other products that are manufactured

directly by TPT-MOTORSPORT.FILE-SUPPORT.COM, are the intellectual property of TPT-MOTORSPORT.FILE-SUPPORT.COM and are to be

understood as a license to use. Sale, display, transfer or duplication of these products is simply

prohibited!

2. A violation of TPT-MOTORSPORT.FILE-SUPPORT.COM intellectual property entitles TPT-MOTORSPORT.FILE-SUPPORT.COM to claim damages.

3. In each case, the buyer is obliged to pay a contractual penalty of € 3,000.-. Furthermore, TPT-MOTORSPORT.FILE-SUPPORT.COM reserves the right to assert the resulting total damage.

Complaints

1. Complaints must be made in writing for delivered files within 24 hours, for all other products

within 5 days. These must be as detailed as possible. For tuning files, an error memory expression

must always be appended with the appropriate error codes.

2. Complaints relating to performance data and achievement of the tuning values specified by TPT-MOTORSPORT.FILE-SUPPORT.COM will not be accepted, unless the result has a deviation of more than 20% of the stated

values. TPT-MOTORSPORT.FILE-SUPPORT.COM will immediately try to deliver a modified software.

3. The submission of complaints does not exempt the buyer from his payment obligations. The buyer

does not have the right to postpone or refuse payment.

4. If the claim of the buyer is justified, he has the right to a new delivery of the tuning file.

5. The buyer is not entitled to a refund. See also "No refund policy".

Warranty

1. TPT-MOTORSPORT.FILE-SUPPORT.COM assumes no liability for the proper functioning of the files, but confirms that

should a file not work, they should be revised free of charge and promptly.

2. The installation of the tuning files is carried out by the buyer, for which we assume no liability.

Liability of the buyer

1. The buyer is aware that any changes to the vehicle of his customers, in particular a change in

software, lead to the revocation of the operating license for the customer, should he not register the

changes in the vehicle documents.

2. The buyer is informed that he uses all files at his own risk and informs his customers if he considers

this necessary.

3. TPT-MOTORSPORT.FILE-SUPPORT.COM assumes no liability here and the buyer further declares that he will indemnify

and hold TPT-MOTORSPORT.FILE-SUPPORT.COMharmless in all respects.

4. TPT-MOTORSPORT.FILE-SUPPORT.COMtherefore recommends that all files that are not permitted under the Highway

Code should only be tested on private facilities or on the racetrack.

5. The buyer is aware that vehicles with more power over the software are exposed to heavier loads

and are aware of the consequences.

6. TPT-MOTORSPORT.FILE-SUPPORT.COMis not liable for defects resulting from inadequate fulfillment of the contractual

obligations or for defects in the delivered software.

7. TPT-MOTORSPORT.FILE-SUPPORT.COMshall under no circumstances be liable for any damages, including consequential

damages, replacement vehicle procurement, fines or voiding the manufacturer's warranty.

8. TPT-MOTORSPORT.FILE-SUPPORT.COM is not liable for damages caused by failure to comply with the information and

examination obligations of the buyer. TPT-MOTORSPORT.FILE-SUPPORT.COM can not be held liable for incorrect or

incomplete information provided by the buyer to its customers.

9. Claims for damages by third parties against TPT-MOTORSPORT.FILE-SUPPORT.COM are excluded.

10. TPT-MOTORSPORT.FILE-SUPPORT.COM excludes all liability towards third parties and the buyer on hardware, body and

life in all cases.

11. If a liability occurs, which does not provide liability, then TPT-MOTORSPORT.FILE-SUPPORT.COM is liable with the sum

of the purchase price, or the paid credits, but with a maximum of 500 €.

Retention of title

1. The goods remain the property of TPT-MOTORSPORT.FILE-SUPPORT.COM until full payment.

Indemnification

1. The Buyer undertakes to indemnify and hold TPT-MOTORSPORT.FILE-SUPPORT.COM harmless in all claims for

damages of third parties, even if it can cause damage.

Severability clause

Should individual provisions of this contract be ineffective or unenforceable or become ineffective or

unenforceable after the conclusion of the contract, this shall not affect the validity of the remaining

provisions of the contract. The ineffective or unenforceable provision shall be replaced by an

effective and enforceable provision, the effects of which come as close as possible to the economic

objective pursued by the contracting parties with the invalid or unenforceable provision. The above

provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.

Jurisdiction

All points are subject to austrian law and are to be paid to the Austrian Commercial Court. 

TPT Motorsport

Ziegelhofstrasse 101

1220 Vienna

Austria