Terms of Trade

General Conditions of Sale

Person responsible for this online shop is:

DTE Systems SA

Craig Berndt
9 Granula Place
Sunset Beach
Milnerton
7435
Western Cape
South Africa


Tel. +(27) 21 556 6463
Tel. +(27) 82 379 6141 
Fax: 086 515 0059 
Email: info@dieseltorque.co.za

Company reg # CK96/42218/23
Vat # 4370170740
Import/Export code # 20472496

All goods and services rendered to consumers within the meaning of Art. 13 BGB and to entrepreneurs within the meaning of Art. 14 BGB take place solely on the basis of these Terms and Conditions of Sale.

1. Conclusion of contract

a) After submitting your order, you will receive from us by e-mail a confirmation of receipt of your order details in accordance with Art. 312g Para. 1 Sentence 3 of the German Civil Code.  This confirmation of the order details does not represent an order confirmation. A sales contract is concluded only when we confirm your order by shipping the goods to you, or by sending an explicit order confirmation.

b) A consumer is any natural person who enters into a transaction for a purpose that is neither commercial nor may be attributed to their independent professional activity.

c)
 An entrepreneur is a physical or legal person or a legal partnership (A legal partnership is a partnership, which is endowed with the ability to acquire rights and incur liabilities.), which at the conclusion of a contract acts as part of its commercial or independent professional activity.

2. Instructions on the Right of Withdrawal

If you are an entrepreneur within the meaning of Art. 14 of the German Civil Code (BGB) (An entrepreneur is a physical or legal person or a legal partnership [A legal partnership is a partnership, which is endowed with the ability to acquire rights and incur liabilities.], which at the conclusion of a contract acts as part of its commercial or independent professional activity) and at the conclusion of a contract is acting in the exercise of a commercial or independent activity, there is the no right of withdrawal. For consumers (a consumer is any natural person who enters into a transaction for a purpose that is neither commercial nor may be attributed to their independent professional activity.), the following applies:

Right of Withdrawal
You may revoke your declaration to conclude a sales contract within 14 days without justification in writing (for example, letter, fax, e-mail) or - if the goods are delivered before the deadline - also by returning the goods.  The period begins upon receipt of this notification in writing, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilling our obligations under Article 246 Sect. 2 in connection with Sect. 1 Abs. 1 and 2 EGBGB and our obligations according to Art. 312g Para 1 sentence 1 BGB in conjunction with Article 246 Sect. 3 BGB. The withdrawal period shall be deemed observed if the goods are returned or notice of withdrawal is given within this period.

Withdrawal is to be addressed to:

DTE Systems South Africa
Diesel Torque SA
9 Granula Place
Sunset Beach
Cape Town
7435

Tel. +(27) 21 556 6463
Tel. +(27) 82 379 6141 
Fax: 086 515 0059 
Email: info@dieseltorque.co.za 

Consequences of withdrawal
In case of an effective withdrawal the mutually received services shall be returned and any benefits (eg: interest) shall be handed over. If you are unable to return already rendered services and benefits (eg: benefits of use) or only in a deteriorated condition or in only part, you will have to pay compensation to this extent. Compensation shall be paid for deterioration and benefits derived only if the benefits or deterioration can be traced back to having used the goods in a manner that goes beyond examining their characteristics and function.  "Examining their characteristics and function" is understood to mean testing and trying out the goods in question such as would have been possible and normal for a purchaser in a shop.

Goods capable of being returned in a packet are to be returned at our risk. You, the customer, shall bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of Euro 40 or in the case of higher priced goods if, at the date of withdrawal, you have still not complied with payment or a contractually agreed partial payment. Otherwise the return of goods is without charge to you. Goods not capable of being returned in a packet will be collected from you. Obligations for the refund of payments must be met within 30 days. This period shall commence for you upon sending your notice of withdrawal, and for us upon receipt thereof.

The Right of Withdrawal does not exist in the event of distance contracts
1.
 for the supply of goods that are produced according to customer specifications or clearly tailored to personal needs or which, due to their nature, are not suitable for return or spoil quickly or whose expiration date has passed,

2. 
for the delivery of audio or video recordings or software if the seals on the data carriers delivered have been broken.

Financed transactions
If you financed this agreement with a loan and you revoke the agreement thus financed, you will no longer be bound under the loan agreement either if both agreements form one economic unit. This will be assumed to be the case, in particular, if we are also your lender or if your lender relies on our co-operation in respect of the financing. If the loan has already been received by us at the time of your cancellation or surrender, your lender shall succeed to our rights and obligations in relation to you under the agreement financed in respect of the legal consequences of the cancellation or surrender. The latter shall not apply if the present agreement involves the acquisition of financial instruments (e.g. securities, foreign currencies or derivatives).
If you wish to avoid a contractual obligation as much as possible, make use of your right of withdrawal and cancel the loan contract as well, if you are also entitled to a right of withdrawal in this case.

End of the instructions on right of withdrawal.

3. Return shipment costs in case of withdrawal

For consumers, the following applies:
If you make use of your right of withdrawal, you shall bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of ---- or in the case of higher priced goods if, at the date of withdrawal, you have still not complied with payment or a contractually agreed partial payment. Otherwise the return of goods is without charge to you.

4. Reservation of proprietary rights

a)For consumers, the following applies:
The goods remain our property until full payment of the purchase price.  If paying by cheque or draft or by bank transfer, the purchase price is considered to be paid when it is irrevocably credited to our account.

b) For entrepreneurs, the following applies:
The goods remain our property until full payment of the purchase price.  If paying by cheque or draft or by bank transfer, the purchase price is considered to be paid when it is irrevocably credited to our account.
The reservation of proprietary rights also applies to the claims that we have from current business with the purchaser. If the value of the aforementioned property reservation exceeds  the value of our accounts receivable to be secured by more than 10%, on request we shall release the excess collateral.
If our goods are resold in the ordinary course of business , accounts receivable resulting from the resale of the goods are now assigned to us as security for the purchase price, to the extent that the purchase price has not been paid in full at the time of resale of the goods.  In this case the purchaser is entitled to collect the accounts receivable. We herewith accept this assignment. Accounts receivable may not be assigned to a third party for the purpose of collection. If the goods purchased from us are processed, we shall be considered to be the manufacturers of these new products, to the extent that the purchase price has not been paid in full at the time of processing of the goods.

5. Prices

All prices quoted are inclusive of RSA value added tax (VAT) and are exclusive of shipping costs. Deliveries to countries outside South Africa be subject to import sales taxes, import duties and other import charges. These are always for the purchaser's account. When paying cash on delivery, the transporter may charge a card payment fee and a forwarding fee.

6. Warranty

a) For consumers, the following applies:
We assume the warranty during the statutory warranty period for defective products purchased new from us. In the case of used goods, the warranty is limited to 1 year from delivery of the goods. Further claims by the purchaser, in particular for guarantees for the quality of the product or due to fraudulent concealment of a defect or claims for damages remain unaffected.

b) For entrepreneurs, the following applies:
We assume the warranty during the statutory warranty period for defective products purchased new from us. In the case of used goods, any warranty is excluded. Further claims by the purchaser, in particular for guarantees for the quality of the product or due to fraudulent concealment of a defect or claims for damages remain unaffected. The purchaser shall inspect the goods immediately upon delivery by the carrier authorized by us, at the latest within a period of 8 working days, to the extent that this is feasible in the orderly course of business, and if a defect is found to report this to us immediately. If the purchaser fails to report the claim, then the goods are deemed approved unless this is a defect that was not discernible during inspection. If such a defect is discovered later, the report must be made immediately after it has been discovered; otherwise the goods even in view of this defect shall be deemed approved. To preserve the purchaser's rights, it is sufficient to report the claim in time. The above provisions do not apply if we have fraudulently concealed the defect. Visible or obvious damage must be reported immediately to the carrier. Shipping costs and returned goods are for the clients accounts.


c) Special notes:

We sell both TÜV-approved, and non-licensed products (for racing purposes, export, etc.) For items without TÜV Certificate/report or general Roadwothiness Certificate, the inspection for an individual certification, if necessary, is for the purchaser's account.

To the extent that the use of our services or our products causes changes in the performance of vehicles, the general Roadworthiness Certificate of the vehicle becomes invalid. As a result of such changes the vehicle no longer corresponds to the StVZO [Road Traffic Licencing Regulations] and may forfeit its insurance cover. According to the statutory provisions, the purchaser is also obliged to notify the changes to the licencing authority and to the car insurer, and if necessary to have a technical vehicle inspection carried out (eg: at the TÜV).

To the extent that the purchaser of the vehicle nonetheless drives on public roads, he does so at his own risk. We expressly disclaim any liability for damage to the purchaser or third parties arising from failure to comply with these instructions and the legal provisions.
The purchaser is advised, and acknowledges, that the services, products, and tuning measures offered by us, as well as the changes made to the vehicle, the engine, the control unit or the control data as part of the tuning process, lead to a change in the performance of the vehicle. The purchaser is hereby notified that the motor and possibly other vehicle components and vehicle parts may be exposed to greater stress and strain, and for physical reasons this may lead to increased wear on the vehicle. In particular over-stressing and continuous performance as well as the increase of maximum speed achieved as a result of tuning the vehicle may affect the life of the vehicle, of the engine and of its components. It is expressly pointed out that construction changes and performance changes may void the manufacturer's guarantee on the vehicle. Liability for damage caused due to resulting higher engine loads is excluded.

7. Passing of risk

a) For consumers, the following applies:
The risk of accidental loss and accidental deterioration of the goods is not transferred to the purchaser until delivery of the goods to him.

b) For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration of the goods is transferred to the purchaser as soon as we have handed over the goods to the transport company, carrier or any other person or body charged with shipment.

8. Data protection

Your privacy is important to us. Personal details will only be stored if you give us your consent and specifically notify us of this information. The details necessary for handling orders are stored and during order-processing may be transmitted to our associate companies eg: logistics service providers. Only the minimum necessary amount of your personal details are transmitted. Your personal details are not transferred to other third parties. Of course, all personal information is kept strictly confidential and handled in accordance with the provisions of the Federal Data Protection Act. You may not have access to the personal details stored on you. Nevertheless, you have the right to receive, at any time and without charge, information about your personal details stored here. You also have the right to revoke your consent to the storage of personal details at any time. – On conclusion of contract, you agree to the collection, processing and use of your personal details.

9. Liability

The content of this Online Shop has been drawn up by us with great care. However, often we cannot foresee production-dependent variations in the technical data. If certain specifications are especially important to you, then please check these before any installation. For consumers, the following applies: Failure to observe these instructions will not affect your warranty.
In principle we reserve the right to make variations in colour and design, provided that they are not essential to the product.

In case of intent and gross negligence, we shall be fully liable. For simple and ordinary negligence, we are liable only where essential contractual obligations are concerned. In this case the liability is limited to the typical, average damage, foreseeable at the time the contract was concluded. Further liability is excluded. This limitation of liability also applies to our vicarious agents.
The foregoing limitation of liability (both for us and our vicarious agents) shall not apply to product liability claims or claims arising out of warranty which aim at protecting the customer against damage that has occurred, as well as damages resulting from injury to life, limb and/or health.

This online shop may contain links to other websites. When the links were created, they and the content of the relevant websites were checked by us for legality. We expressly point out that we are not responsible for their appearance and their contents. We dissociate ourselves expressly from all contents of any linked site, as we have no control over the contents. Their operators are solely responsible for the linked websites and their contents.

Moreover, the following applies only to entrepreneurs:
Things that are connected to another thing (assembled) shall be adjusted prior to installation and checked for fitting accuracy. Consequential damages resulting from failure to observe this provision shall not be borne by us. Furthermore, before completion of the sales contract, you will also need to find out about any conditions, restrictions, and TÜV approvals and observe them. In case of non-observance, we accept no liability for any costs / damages arising therefrom

10. Further Information

After submitting your order, you will receive a confirmation of receipt of your order details from us by e-mail in accordance with Art. 312g Para. 1 Sentence 3 of the German Civil Code.  This confirmation of the order details does not represent an order confirmation. A sales contract is concluded only when we confirm your order by shipping the goods to you, or by sending an explicit order confirmation.

The wording of the contract will be stored by us. The contract text stored by us will be communicated to you in the confirmation of receipt of your order information. You can print or save the text. You cannot access this data.
Errors made when entering your order can be checked by examining the basket and changed there or modified on the previous page using the "BACK" button.
The sole language available for the contract is English.
We are not subject to codes of conduct.

11. Copyright

All content of this online shop, both photographs, texts (including these Conditions of Sale), as well as tables are protected by copyright. It is explicitly prohibited to use in any form the contents of this online shop, whether in whole or in part, without our express permission.

12. Final Conditions

The applicable legislation - where permitted - is exclusively that of South Africa. If the purchaser is a trader within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, or if he has no place of jurisdiction in South Africa, our company headquarters is considered to be the place of jurisdiction for all disputes arising from this contractual relationship.

Should one or more provisions of these Conditions of Sale be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the ineffective provision.