General Terms and Conditions

On this page you will find our General Terms and Conditions (GTC). They contain important information about our services, appointment scheduling, contractual terms, and your rights as a customer. Please read these provisions carefully before using our offers.

Effective date: 28 April 2024

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1. Our Terms

1.1 This website and/or the services, including all related mobile applications, are owned and operated by Fenster Tuning e.U. These Terms of Use set out the terms and conditions under which visitors or users may access or use the website and/or the services.

1.2 By accessing or using the services, you agree to these terms and accept them as binding. If you do not agree to all of the terms, you must not access the site or use the services. Please read these terms carefully before accessing our site or using the services. These terms explain who we are, how you may use the services, and what you can do if problems occur.

1.3 You represent that you are of legal age and have the legal authority, right, and freedom to enter into a binding agreement based on these terms and to use the services. If you are a minor, you may use the services only with the permission of your parents or legal guardians.

1.4 With regard to business customers: If the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall become part of the contract only if we have expressly agreed to them.

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2. Permitted Use

2.1 Our services are provided for informational purposes and for private, non-commercial use only. When using our services, you must comply with these terms and all applicable laws.

2.2 Unless expressly permitted by these terms, it is not allowed to:

1. Use our services in any unlawful or fraudulent manner (including infringement of third-party rights) or for the purpose of collecting personal data or impersonating other users.
2. Modify or use our copyright, trademark, or other proprietary notices, or interfere with the security-related features of our services.
3. Use our services in any way to manipulate or falsify content or to undermine the integrity and accuracy of content, or take actions to disrupt, damage, or interrupt any part of our services.
4. Use our services to send, receive, upload/post, or download material that does not comply with our content standards.
5. Use our services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material.
6. Use our services to transmit or upload data containing viruses, Trojan horses, worms, time bombs, keystroke logging, spyware, adware, or other harmful programs or similar computer code designed to adversely affect the operation of computer software or hardware.
7. Use robots, spiders, or other automatic devices or manual processes to monitor or copy our website or other webpages or the content contained in our services, or use network monitoring software to determine the architecture of our services or extract usage data from our services.
8. Use our services for commercial purposes or in connection with any commercial activity without our prior written consent.

You agree to cooperate fully with us in the investigation of any activity that allegedly or actually violates these terms and conditions.

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3. Intellectual Property Rights

3.1 Our services and related content (and any derivative works or improvements thereof), including in particular all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names, and trade dress, as well as interactive features and all intellectual property rights therein, are either owned by us or licensed to us. Nothing in these terms grants you any rights in relation to our intellectual property rights. Except as expressly stated herein or as required by mandatory law for the use of the services, you acquire no rights, claims, or interests in our intellectual property rights. All rights not expressly granted in these terms are expressly reserved.

3.2 If the services include the provision of digital content such as music or videos, the rights granted to you shall be as specified on the site in relation to such content.

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4. Disclaimer of Warranties for the Use of the Site and Services

The services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made available to users free of charge are provided “as is” and without warranties of any kind, whether express or implied (including warranties of fitness for a particular purpose or warranties regarding security, reliability, timeliness, accuracy, or performance of our services), except in cases of fraudulent concealment of defects. We do not guarantee that free services will be provided without interruption or error, or that they will meet your requirements. Access to the services and the site may be suspended or restricted due to repairs, maintenance, or updates.

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5. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the website and the services in violation of these terms, including in particular any use that violates the restrictions and requirements set out in the section “Permitted Use.”

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6. Changes to the Terms and Services; Discontinuation

6.1 We reserve the right to modify these terms from time to time at our sole discretion, for example to reflect changes in the law, additional features we may introduce, or other developments in our business. You should therefore review these terms regularly. The new terms will apply to your use of the service once they come into effect. If ongoing services you use are affected by changes to the terms, we will reasonably take your legitimate interests into account. We will inform you of such changes in advance where possible. The changes shall be deemed accepted by you unless you object within two months after notification. We will inform you of this in the notification. If you object to the changes, we have a special right of termination—without further obligations toward you—effective on the date the changes come into force.

6.2 We may change the services, discontinue the provision of the services or one or more features, or restrict the services. We may terminate or suspend access to the services or the services themselves permanently or temporarily, without stating reasons and without further obligations. Where possible under the circumstances, we will inform you in advance and take your legitimate interests into account appropriately.

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7. Applicable Law

7.1 These terms are governed by the laws of the Republic of Austria (excluding its conflict-of-law provisions) and shall be interpreted accordingly.

7.2 The European Commission provides a platform for online dispute resolution (ODR), available at:
https://ec.europa.eu/consumers/odr/
Please note that we are not obliged to participate in dispute resolution proceedings before alternative dispute resolution bodies.

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8. Miscellaneous

8.1 A waiver by either party of any breach or default under these terms shall not constitute a waiver of any preceding or subsequent breach or default.

8.2 The headings used in these terms are for convenience only and have no legal significance.

8.3 Unless expressly stated otherwise: if any provision of these terms is held to be unlawful or unenforceable for any reason, that provision shall be deemed severed and the remaining provisions shall remain unaffected and in full force and effect.

8.4 Without our prior written consent, you may not assign your agreement with us under these terms, nor any or all of your contractual rights or obligations.

8.5 These terms constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the services.

8.6 Provisions of these terms which by their nature are intended to survive such action by us shall remain in effect, in particular provisions relating to compensation, indemnification, disclaimers, limitations of liability, and this section “Miscellaneous.”