Terms &
Conditions.

These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of § 1 of the Austrian Commercial Code (UGB) (workshops, specialist dealers, file service providers, tuners). The business relationships between AUTOFLASHER GmbH and its business partners are B2B transactions and are not subject to the provisions of the Austrian Consumer Protection Act (KSchG) or the Austrian Distance and Off-Premises Transactions Act (FAGG).

General terms and conditions of the buyer shall not be recognised unless AUTOFLASHER GmbH expressly agrees to their application in writing.

The seller and contracting party is:

AUTOFLASHER GmbH
Betriebsring 4, Objekt 2
2483 Ebreichsdorf
Austria

Managing Director: Ionut Florin Merca
E-mail: info@autoflasher.at
VAT ID No.: ATU77225227

The presentation of products in the online shop does not constitute a binding offer, but an invitation for the buyer to submit an offer. By clicking the order button, the buyer submits a binding offer. The contract is only concluded upon our written order confirmation by e-mail.

We reserve the right to reject orders without stating reasons — in particular where there are reasonable doubts as to the commercial status of the person placing the order or where delivery addresses are implausible.

All prices are net prices in euros, plus statutory VAT and plus shipping costs.

Delivery within the EU is made by freight carrier or parcel service. The risk of accidental loss and accidental deterioration passes to the buyer upon handover to the freight carrier or parcel service provider (§ 429 UGB).

Delivery times are non-binding unless expressly confirmed in writing. Typical delivery time within the EU: 3–7 working days after receipt of payment.

Payment is made by advance payment, credit card (Stripe), Klarna or PayPal, depending on the options offered in the shop. Payment by instalments and leasing are available by individual arrangement.

In the event of default in payment, default interest at the statutory rate pursuant to § 456 UGB shall apply (9.2 percentage points above the base rate). In addition, reminder fees and a flat-rate collection cost compensation of € 40.00 pursuant to § 458 UGB will be claimed.

The delivered goods remain the property of AUTOFLASHER GmbH until full payment of all claims arising from the business relationship. Resale, pledging or transfer by way of security of the goods prior to full payment is not permitted without our written consent.

The devices supplied by AUTOFLASHER GmbH (Autoflasher® Master, Autoflasher® Lite, Autoflasher® Pro and accessories) and the associated software are separate products with separate costs.

With the purchase of the hardware, the buyer receives a non-exclusive, non-transferable licence to use the Autoflasher software, tied to the supplied hardware. The software may not be decompiled, reverse-engineered or modified except to the extent expressly permitted by law.

Access to the Autoflasher Portal and to Autofiles is personal to the user. Passing on access credentials to third parties is not permitted.

After activation of the device, an annual subscription is required for the ongoing supply of protocol and software updates. The first 12 months are included in the purchase price.

If the update subscription is not paid after expiry of the first year, functions of the device (in particular new protocols, bug fixes, security updates) may be restricted. Software versions installed prior to the restriction remain functional.

Autoflasher® Lite and Autoflasher® Pro are assigned to a specific technical environment upon activation. A transfer to a different environment is only possible:

• with the written consent of the previously assigned Master or the distribution partner,
• against payment of the applicable handling fee,
• only provided there are no outstanding claims against the buyer.

AUTOFLASHER GmbH is entitled to refuse a Master transfer without stating reasons.

AUTOFLASHER GmbH reserves the right to deactivate devices or block access to the portal if:

• the assigned Master or distribution partner so instructs for a legitimate reason,
• outstanding claims are not settled despite a reminder,
• violations of these Terms & Conditions are identified (in particular unauthorised passing on of access credentials or software),
• there are indications of improper use or fraud.

The statutory warranty provisions of the Austrian Civil Code (ABGB) applicable to entrepreneurs shall apply. Hardware is subject to a warranty period of 2 years from handover.

The buyer is obliged to inspect the delivered goods for defects immediately upon receipt and to give written notice of any identified defects without delay, but no later than within 7 working days of handover (§ 377 UGB). Hidden defects must be reported immediately upon discovery. In the event of late notification, warranty rights shall lapse.

Software updates, protocol extensions and comparable intangible services are provided "as delivered". There is no entitlement to have the database extended to include specific vehicles or ECUs.

As these Terms & Conditions apply exclusively to entrepreneurs, there is no statutory right of withdrawal. The provisions of the Austrian Distance and Off-Premises Transactions Act (FAGG) and the Austrian Consumer Protection Act (KSchG) do not apply to B2B transactions.

Returns or exchanges of properly delivered goods are only possible by mutual agreement and, where applicable, against payment of a handling fee.

AUTOFLASHER GmbH is liable without limitation only for damage arising from injury to life, body or health, and for damage caused by intent or gross negligence. In all other respects, liability is limited to the foreseeable damage typical for this type of contract.

Exclusion of liability for tuning consequences: Modifications to motor vehicle ECUs carried out with our devices are performed solely at the responsibility of the buyer or the executing workshop. We are not liable for damage to vehicles, engines, transmissions or other components caused by incorrectly applied software versions, unsuitable files, insufficient expertise on the part of the user, or the modification itself. The buyer is solely responsible for compliance with the statutory provisions (in particular type-approval law, emissions law, liability law) in the country of use.

Liability for loss of profit, indirect damage, consequential or incidental damage is excluded in B2B transactions to the extent permitted by law.

The buyer undertakes to treat as confidential all confidential information received in the course of the business relationship (in particular software versions, portal access credentials, technical documentation, protocol details) and not to disclose it to unauthorised third parties.

Personal data is processed in accordance with the provisions of the GDPR and the Austrian Data Protection Act. For details, see our Privacy Policy.

Applicable law: Austrian law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

Place of jurisdiction: The exclusive place of jurisdiction for all disputes arising from or in connection with this business relationship is the court with subject-matter jurisdiction at the registered office of AUTOFLASHER GmbH (Regional Court of Wiener Neustadt).

Severability clause: Should individual provisions of these Terms & Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

Written form: Amendments and additions to these Terms & Conditions must be made in writing. This also applies to any waiver of this written form requirement.