§ 1 Scope and object of contract

These GTB apply for the retrieval of electronic service information from the VAGupdate repair, update and workshop system in the form of a file and for the delivery of service information on CD-ROM, DVD and/or in printed form. The contracting party is VAGupdate.

VAGupdate only assigns use of the service information to traders and private persons subject to the following conditions. This also applies in the case of conflicting purchase conditions on the part of the customer. VAGupdate does not recognise such terms and conditions and does not acknowledge them. Deviations from these GTB are only permitted if they have been approved in writing by VAGupdate. For contracts concluded before 01.04.2020, the existing GTB continue to apply until the subscription has expired. Once the subscription has expired, customers may only place their orders in accordance with these GTB.

The service information is regularly updated. If you have any questions, complaints or other information to impart in connection with an order from the VAGupdate Webshop, please direct them to: VAGupdate Hotline e-mail: support[at]vagupdate.com or via live support.

The contract languages are German and English.

§ 2 Ordering and conclusion of contract
Once an order is placed by the customer, the contract comes into effect when VAGupdate,
- sends an electronic order confirmation to the buyer for the order and accepts the offer upon conclusion of a contract of sale or
- receives payment by credit card or PayPal for such goods that VAGupdate charges to the specified credit card account, otherwise
- when the goods are shipped, or delivered online.

The retrieval period for electronic service information begins when the electronic order is confirmed or, at the latest, when the customer accesses the data carrier.

§ 3 Right of cancellation for consumers
If the customer has purchaed physical goods, he can return products in writing (e.g. letter, fax, e-mail) within two weeks without providing reasons or, if the item is sent to him before the expiry date, by returning the item. The period begins once these instructions have been received in text form, however not before the recipient has received the goods (for the repeat delivery of similar goods, not before the first partial delivery has been received) and also not before VAGupdate has fulfilled its duties to provide information in accordance with § 312c para. in conjunction with § 1 para. 1, 2 and as well as the duties relating to provision of information that apply to VAGupdate in accordance with § 312e para. To meet the cancellation deadline, it is sufficient to post the notice of cancellation or the item in good time. The notice of cancellation should be sent via “My Account → Order History” page.

For digital goods, once downloaded there is no return or refund possible.
For firmware updates, if your infotainment system is locked for the update (Train is Blocked, Variant Conflict etc. errors) and it needs diagnostic tools to enable developer mode of the unit, it is customer’s responsibility to find the required tool. This matter cannot be a valid reason for a refund or cancellation.

It is the customer responsibility to install purchased firmware as per the instructions shared by VAGupdate. If customer fails to follow instructions and brick their unit or get faulty result, it can’t be a valid reason for refund!

GeKo accounts cannot be refunded. If customer violates this terms of business ServiceVag keeps right to terminate or change customer’s GeKo account. If a GeKo account application is denied, there is $200 application fee will be deducted and remaining balance of customer’s payment will be refunded.

Customer is able to stop/cancel his/her subscription(s), update/remove saved credit card information in their account page. If a subscription not canceled before the due date, it will be automatically renewed based on paid plan. There is no refund possible for subscription payments. Automatic payments cannot be evaluated as “unauthorized/fraudulent” and opening a dispute on bank/paypal for this reason not acceptable.

If customer disputes a payment on his/her bank, credit card processor company will charge customer's credit card $20 dispute fee. Customer accept this if he/she disputes a payment. This fee is non-refundable.

If PayPal is used, PayPal fee and VAT, if credit card is used VAT is non-refundable if the invoice is generated!

If customer behaviors are malevolent, VAGupdate has right to stop providing services, cancel subscription(s), regret accepting returns. These behaviors include but not limited with actions in third party websites such as forums, review platforms etc. VAGupdate has rights to ask customer to remove irrelevant content/review which is published by the customer on third party websites. Customer has to remove content to be able to get services or send a return.

If customer gets a remote service including coding, component protection removal, software adaptation, control module flashing, immo and key adaptation and if the job result is unsuccessful, he/she always can get refund. Refund will be made by same way of payment. But if there is other parts needed to be completed to get customer's request to be done, and if those parts not included in his order, refund is not possible. E.g. coding requirements after component protection removal is not included "only" component protection removal order. Customer cannot request refund because of the coding part not completed.

§ 4 Consequences of cancellation for consumers
In the case of successful cancellation, any services received on either side are to be returned and, if applicable, any usage advantages (e.g. interest) are to be refunded. If the customer is not able return the service received to VAGupdate in full or in part, or if it is no longer "as new", he must, where applicable, pay compensation at the appropriate value. For the return of items, this does not apply if the damage caused to the item is solely attributable to its testing — as it could have been for the customer in the retail store. For the rest, the customer can avoid the obligation to compensate for damage caused to the item through normal use by not using the item as if it were his own and forbearing anything that could impair its value. Items sent by post are sent at the risk of VAGupdate . The customer shall bear the cost of returning items if the goods delivered correspond to the goods ordered and if the price of the item to be sent back does not exceed $40 or, in the event that the price of the item is higher at the time of cancellation, if the customer is yet to reciprocate or has made a contractually agreed partial payment. Otherwise, returns are free for the customer. Items that cannot be sent by post must be collected from the customer. Obligations to reimburse payments must be fulfilled within 30 days. The deadline begins for the customer when he sends off his notice of cancellation or the item; the deadline for VAGupdate begins upon receipt of the notice or item.

§ 5 Exclusion of the right of withdrawal by the Consumer
The right of cancellation for online retrieval of electronic service information (download) shall expire if the Consumer starts online retrieval prior to the end of the cancellation deadline.

CD-ROM and DVD mail orders, and service information orders in printed form as data packages, may only be cancelled if they have not been opened by the customer.

Online downloadable goods are not refundable once the are downloaded.

§ 6 Rights of use and Retrieval Period
The customer shall receive online access to VagUpdate services, allowing it access to electronic service information for VAG vehicles such as firnwares, softwares, flash files, repair guides; vehicle-specific information; wiring diagrams; maintenance, more precisely, particular, body maintenance; exhaust service and self-study programmes. The customer also has the right to off-line use of all the information on a PC for a specific period of time (hereinafter referred to as "Retrieval Period"). This use allows information to be viewed on a computer and files to be printed off. The person who ordered the mail-order items is authorised to install, save and use the respective program on a computer for his own purposes.

Each VagUpdate licence may be used by any person and on any computer within a service centre. For use in other service centres, further VagUpdate licences must be obtained in line with the latest price list. Upon expiry of the Contract term, the electronic service information and data servers may no longer be viewed.

The following Retrieval Periods are available:

1 day, 1 week, 15 days, 1 month, 2 months and 3 months

The electronic VAG quality standards and the Genuine Parts Contract documents may only be used upon payment of an additional nominal fee in accordance with the latest applicable price list. The period of use shall be one year in each case.

Beyond his own rights, the person who placed the order is prohibited from copying the electronic service information and mail-order items, creating files or parts of files or having these created, and making these available to third parties via communication networks. This excludes the right to make backup copies for his own use.

The person who placed order for GeKo account is prohobited to resell or share login information to third parties via communication networks!

Subscription to VAGupdate services are automatically charged at the end of the subscription period and the subscription will be renewed for the next period unless customers contacts VAGupdate to cancel the subcription. Automatic subscription payments cannot be evaluated as “unauthorized payments” and cannot be a subject to a chargeback request.

VAGupdate keeps rights to change service prices at anytime. Customers are deemed to be accepted these price changes unless they cancel their subscriptions. Otherwise VAGupdate may keep charging customers with the updated prices to renew their subscriptions.

§ 7 Limitations of the period of use
The maintenance and further development of the VAGupdate webshop may temporarily (one hour every 24 hours in each case) limit or interrupt the opportunities for use and/or the provision of the services.

§ 8 Payment
Information on prices is available under product pages. Prices are given in USD at the applicable statutory rate. The prices apply from the place of performance and exclude packaging, insurance and dispatch.

The payment for access to the electronic service information or vag flash data servers is due upon order confirmation according to the latest price information in the VAGupdate webshop and must be paid online by credit card(processed by Stripe) or PayPal. VAGupdate is entitled to offset these against unsecured or older debts at its own discretion and irrespective of any provisions of the buyer that state otherwise. If charges and interest have already been incurred, VAGupdate is entitled to offset the payment against the following: firstly against the charges, then against the interest and lastly against the principal considerations in the preceding sentence.

A payment is considered effected when VAGupdate has the funds at full disposal. In the event of default, VAGupdate is entitled to charge default interest of 5% above basic interest. VAGupdate ’s right to request compensation for any further loss remains unaffected. The customer is only entitled to offset the payment with the express written approval of VAGupdate, if the claim is not contested or if the counter claims have been legally established.

§ 9 Dispatch, delivery and performance time
Goods shall be delivered exclusively by VAGupdate. For the delivery of physical goods, the given price excludes dispatch fee for each order dispatched.

The deadlines and time limits defined by VAGupdate are not binding, unless expressly agreed otherwise elsewhere in writing. VAGupdate is entitled to offer partial deliveries and partial services, provided the deliveries are made in the agreed time and the partial deliveries/services are of interest to the customer.

Access to VagUpdate servers and the opportunity of using electronic service information on the chosen data carrier shall end upon expiry of the chosen Retrieval Period, without the need for termination. Upon expiry of this Retrieval Period, the electronic service information may no longer be viewed.

Downloadable goods will be delivered online via a download URL. If customer request downloadable data in a CD-DVD or USB, he/she must pay processing and shipping fees.

Some cars may need approval by dealer to process the firmware/software update. This may take some time and customer must wait for it. This delay cannot be a valid reason for refund or return.

Once the physical item was received and confirmed it is correct item by part number, any compatibility issues with the car cannot be a reason of refund or return. Customer must check or ask to VagUpdate for compatibility before placing his order. Customer has full responsibility regarding compatbility issues.

§ 10 Passing of risk and obligation to give notice of defects
The risk is passed to the customer with the transfer of the goods. If the customer is not the consumer, the risk is passed on at the time the goods are transferred to the person transporting said goods, at the latest however, when the item leaves the VAGupdate warehouse. In the event that VAGupdate is unable to offer dispatch independent of negligence, the risk is passed to the customer with notification of the readiness to dispatch, provided this is not the consumer.

Any deliveries that are identified as faulty must be rejected from the transportation company immediately, and this company must acknowledge the damage. In the event that the buyer is in breach of this obligation to give notice of defects, it is obliged to compensate VAGupdate for any damage resulting from this breach.

If the customer is the consumer, it is obliged to notify VAGupdate in writing of any defects of quality and defects of title within two weeks of detecting the defect. In the event that the buyer is in breach of this obligation to give notice of defects, it is obliged to compensate VAGupdate for any damage resulting from this breach. For business people, the obligation to give notice of defects applies in accordance with commercial laws.

If user bricks control unit during flashing or updating firmware, it is not VAGupdate responsibility unless VAGupdate provided suitable firmware or flash file. In that case user is responsible about the damages and has no rights to get refund or cover his loss!

§ 11 Warranty and limitation
Claims (warranty claims) can be asserted via e-mail or in writing to VAGupdate (please see above for address and phone numbers). Claim returns must be sent to VAGupdate distribution 112 Alpine Dr. 07624 NJ USA. In the event of defects, the customer shall have the right to legal claims.

Customer claims based on defects of quality shall be limited to one year, unless there is fraudulent concealment of the defects or there is a transfer of warranty is by VAGupdate. If the customer is the consumer, the claims based on defects of quality correspond to the statutory provisions of two years.

Compatibility issues not covered by warranty. Customer must be sure before buying. If he wants to get refund he must send item back. 

§ 12 Liability
VAGupdate shall be liable for any personal or physical injury and, more generally, for any damages resulting from any intent and gross negligence in accordance with statutory provisions. Furthermore, VAGupdate shall also be liable in the event of culpable breach of essential contractual obligations or, insofar as VAGupdate fraudulently conceals the defect or transfers a warranty for the delivery item. However, compensation for breach of essential contractual obligations is limited to damages that can reasonably be foreseen and are typical of this type of contract. Liability in accordance with the U.S. Product Liability Law remains unaffected.

No-fault liability of VAGupdate for tenancy rights and similar user relationships, in particular for software, for faults present at contract conclusion is expressly excluded. VAGupdate shall be liable, in particular, for defects, damages or consequential losses that result from a lack of compatibility or interoperability of the software with the customer's systems. The Customer must check the software and the relevant data carrier with an up-to-date virus checker.

The legal statute of limitations apply.

§ 13 Reservation of proprietary rights
All deliveries to VAGupdate shall be carried out under reservation of proprietary rights. Ownership is only transferred to the customer when all delivery obligations relating to VAGupdate are fulfilled. In the event of resale of the goods subject to retention, the customer shall immediately assign the claims resulting form this to VAGupdate. The assigned claim shall serve to secure the VAGupdate goods that are sold. In the event that the goods are resold by the customer together with other goods that do not belong to VAGupdate, the conveyance only applies to the share of the value of the VAGupdate goods in accordance with the VAGupdate invoice.

§ 14 Place of performance, applicable right and place of jurisdiction
The place of performance for all obligations of both contracting parties shall be NewJersey, U.S. The contractual relationship and the legal relationships relating to this are governed exclusively by U.S. law. The UN Convention on Contracts for the International Sale of Goods and the application of other laws, contracts etc. is excluded. The place of jurisdiction for all legal disputes arising from this Contract or in connection with this Contract including the way in which the Contract was conceived, shall be NewJersey, insofar as the dispute relates to business people or persons who do not have a general place of jurisdiction in inland or whose place of residence or domicile is unknown and insofar as another place of jurisdiction is not prescribed based on strictly binding legal regulations. VAGupdate is also entitled to file a suit at the general place of jurisdiction of the customer.

In the event that provisions of these General Terms and Conditions of Business and the Contract on which they are based are not fully legally valid or cannot be implemented, or they lose their legal validity or feasibility at a later date, this shall not affect the validity of the other provisions of the Contract and the General Terms and Conditions of Business. The contracting parties are obliged to replace the invalid provision with a regulation that comes as close as possible to the economic purpose of the original provision.

§ 15 Amendments to the GTB and services
VAGupdate reserves the right to amend these GTB, insofar as the amendments made in the interest of VAGupdate are just and reasonable for the customer. This shall be the case, in particular, when amendments have no economic drawbacks for the customer, e.g. changes to the registration process, change of contacts, changes to the completeness of the service information etc. as well as changes of the GTB in line with amendments to laws, alterations to or new services, functionalities or content. VAGupdate also reserves the right to amend these GTB at any time. VAGupdate shall inform the customer of each amendment via e-mail or in writing. Each amendment shall form part of the Contract concluded between the contracting parties, unless the customer objects to the amendment via e-mail or in writing within six weeks of being informed of said amendment. If the customer objects to the amendments of the GTB within the specified timeframe, both contracting parties have the right to terminate this Contract without notice.

VAGupdate reserves the right to update, alter or discontinue the functions of individual services. VAGupdate reserves the right to discontinue individual services in full, insofar as this is legally permissible.
As at 01/04/2020

§ 16 Resolution of disputes
VAGupdate is not willing or obliged to attend dispute settlement proceedings before a consumer arbitration board.

PayPal Dispute = Instant Ban! 
Your VAGupdate account will be suspended. You will no longer have access to your downloads, updates or free support until you drop the PayPal Dispute and all activations, updates, remote works etc. will be revoked and the information will be sent to VAG dealer network.
You may also lose your car's warranty when you visit dealer.

This is what you should have done: 
1. Go to https://www.vagupdate.com/return-request
2. In the enquiry field enter your order ID, name, surname, any problems and the reason for the refund.

PayPal's dispute system is very slow and only a limited number of VAGupdate staff have access to it. Best Regards, VAGupdate Team

„Online Dispute Resolution under Article 14 Abs. 1 ODR-VO: EU platform to resolve disputes out-of-court http://ec.europa.eu/consumers/odr/.“