Conditions

General Terms and Conditions
stemei.de GmbH


 
1. Scope of application
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
 
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
 
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
 
2. Contractual partner, conclusion of contract
 
The purchase contract is concluded with stemei.de GmbH.
 
By placing the products in the online shop, we submit a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
 
3. Contract language, contract text storage
 
The language(s) available for the conclusion of the contract: English
 
We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.
 
4. Terms of delivery
 
Shipping costs may apply in addition to the stated product prices. You can find out more about any shipping costs incurred in the offers.
 
You have the option of collecting your order from stemei.de GmbH, Nebling 15, 94133 Röhrnbach, Germany during the following business hours: Monday to Friday 09.00 - 18.00 hrs
 
5. Payment methods
 
The following payment methods are available in our shop:
 
Prepayment
If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.
 
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
 
If you have selected the PayPal payment method, you must be registered there or register first and legitimise yourself with your access data in order to be able to pay the invoice amount. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.

Amazon Pay
As part of the Amazon Pay payment service, we offer you various payment methods as Amazon PayServices. You will be redirected to the website of the online provider Amazon. There you can enter your payment details, confirm the use of your data by Amazon and the payment instruction to Amazon.

If you have selected the Amazon payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and legitimise yourself with your access data. The payment transaction will be carried out automatically by Amazon immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.
 
Invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. The payment period is 7 days from the invoice date or, if different, can be found in the invoice details. We reserve the right to offer purchase on account only after a successful credit check.

Direct debit
You pay the invoice amount after receipt of the goods by direct debit. Direct debit is only available to commercial customers. We reserve the right to offer purchase by direct debit only after a successful credit check.
 
Cash payment on collection
You pay the invoice amount in cash on collection.
 
6. Right of cancellation
 
We grant our customers a cancellation period of thirty (30) days. For details, please refer to the right of Withdrawal & Model Withdrawal Form.

7. Retention of title
 
The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
 
8. Transport damage
 
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to be able to assert our own claims against the carrier or the transport insurance company.
 
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise responsible for carrying out the shipment. The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved unless the defect was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
 
9. Warranty and guarantees
 
The statutory liability for defects applies. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Our OBDAPP interface hardware comes with a full 5-year manufacturer's warranty, which will be renewed free of charge within the warranty period in the event of a defect.
 
Customer service: E-mail to support@obdapp.com or by telephone appointment.
 
10. Dispute resolution
 
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Technical services and availability

stemei.de GmbH endeavours to ensure the availability of technical services and the associated IT systems for customers and users from Monday to Sunday from 0:00 - 24:00 ("24/7"). Excluded from this are necessary technical maintenance windows for updates to the respective contractual partners (VW AG, distributors or partners).

For details on data protection and terms of use in matters of SFD (protection of vehicle diagnostics) of VW AG, please always refer to the latest version: https://privacy.volkswagen.com/download

stemei.de GmbH does not process any personal data in the process or application of the SFD web service for VW AG, as the IT backend (OBDAPP) is technically separate from the order backend (OBDAPPSHOP). A personal reference can therefore only be made manually by stemei.de GmbH by comparing the two systems. This ensures the greatest possible transparency towards our service providers and partners, as well as protecting the personal data of our customers from data misuse should technical interfaces be compromised.

The following restrictions regarding the use of SFD must also be observed for the specified maintenance windows:

a) VW AG specifications / restrictions
The current maximum permissible calls to the SFD webservice are
- 100 calls per user per hour and
- 1,000 calls per user per day

There is also a restriction on the number of VINs for which SFD tokens can be retrieved:
- max. 40 different VINs per user per day

If the two contracting parties VW AG to stemei.de GmbH terminate the corresponding licence agreement, the underlying services shall only be guaranteed until 31.12. of the following year in accordance with the date of termination. A cancellation date, if known, will be provided in the GTCs at point 11.

b) stemei.de GmbH specification / restrictions
- If partners of stemei.de GmbH cancel the respective SFD services / agreements, the maintenance of the corresponding services for the customers of the respective partner is no longer guaranteed. Canceled partners are listed in the General Terms and Conditions at point 11.

Terminated partners as of 31.12.2023: k-electronic GmbH, Waldeckstraße 2, 86529 Schrobenhausen, Germany
 
12. Final provisions
 
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
 
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
 
 
last update: 07.01.2024