Terms and Conditions
Here you can find the terms and conditions of FM Performance with the key rules on ordering, delivery, withdrawal, payment, warranty, and legal framework.
§1 General
All deliveries and services are provided exclusively on the basis of these terms and conditions valid at the time of the order. Deviating customer terms are not accepted unless FM Performance has agreed to them in writing beforehand.
All database information is provided without guarantee. Deviations of 10 to 15 percent are normal depending on the vehicle age.
§2 Conclusion of contract
The customer’s order constitutes an offer to FM Performance to enter into a purchase contract. After the order has been placed, the customer receives an order confirmation by e-mail without delay. This confirmation does not yet constitute acceptance of the offer.
A purchase contract is only formed when FM Performance ships the ordered goods. Credit notes are valid for 4 weeks.
§3 Right of withdrawal
If the customer is a consumer, they may withdraw from the contract within 14 days without stating any reason in text form or by returning the goods.
The period starts no earlier than one day after receipt of the withdrawal notice in text form and not before the day the goods are received by the customer. Timely dispatch of the withdrawal or the goods is sufficient to meet the deadline.
The withdrawal must be addressed to: FM Performance, Rudolf-Diesel-Straße 6, Stockerau, Tel. +43 6764630111, E-mail: info@fmperformance.eu.
The right of withdrawal does not apply in legally defined exceptions, in particular for goods made to customer specifications, personalized products, goods that cannot be returned due to their nature, or motorsport items without road approval.
In the event of a valid withdrawal, the benefits received by both parties must be returned. If the customer cannot return the goods or can only return them in deteriorated condition, FM Performance may claim compensation for value loss.
Parcel-shippable goods are to be returned at the cost and risk of FM Performance. In the cases provided by law, the customer bears the return shipping costs.
§4 Delivery
Unless otherwise agreed, delivery takes place from stock to the delivery address specified by the customer. Delivery times are non-binding unless a binding date was expressly promised.
If FM Performance is unable to deliver without its own fault, for example because a supplier fails to meet its obligations, FM Performance is entitled to withdraw from the contract. The customer will be informed immediately.
If delivery is not possible because the goods do not fit through the door, entrance or staircase, or because the customer is not present despite reasonable prior notice, the customer bears the cost of the failed delivery.
§5 Prices
The prices shown are final prices and include statutory VAT. In addition, the customer bears packaging and shipping costs.
§6 Payment, due date and default
The customer may pay the purchase price plus shipping costs by advance payment or cash on delivery.
Advance payment must be made within 7 days of receiving the order confirmation. The decisive factor is the receipt of payment by FM Performance.
§7 Retention of title
The ordered goods remain the property of FM Performance until full payment has been made. Before title passes, pledging, transfer by way of security, processing or modification is not permitted without explicit consent.
§8 Road traffic regulations
After the software optimization, the customer undertakes to register the vehicle in accordance with the road traffic regulations. The same applies to active sound systems.
FM Performance does not provide expert reports or certificates.
§9 Governing law – place of jurisdiction
This contract is governed by German law. If the buyer is a merchant, Munich is agreed as the place of jurisdiction.
§10 Warranty
FM Performance expressly only provides a warranty on installed parts. No liability for engine or consequential damage. An engine warranty can be purchased optionally because the manufacturer warranty may be voided.
Software changes of any kind as well as already installed tuning parts, motorsport items and sound boosters are excluded from exchange.
