General Terms and Conditions

Overview

Welcome to Performance Drive Solutions! The terms “we”, “us” and “our” refer to Performance Drive Solutions UG (limited liability). Performance Drive Solutions operates this shop and website, including all associated information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Performance Drive Solutions is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with all policies referenced herein (these “General Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.

Please read these General Terms and Conditions carefully, as they contain important information about your legal rights and cover matters including warranty disclaimers and limitations of liability.

By visiting or using our Services or otherwise interacting with our Services, you agree to these General Terms and Conditions and our Privacy Policy. If you do not agree to these General Terms and Conditions or the Privacy Policy, you should not use or access our Services.

Section 1 – Access and Account

By agreeing to these General Terms and Conditions, you represent that you are at least the age of majority in the state or province in which you reside and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.

To use the Services, including accessing or browsing our online shops or purchasing the products and services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent that all information you provide in our shops is accurate, current and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your login credentials and for all activities carried out through your account. You may not transfer, sell, assign or license your account to any third party.

Section 2 – Our Products

We have made every effort to display our products and services accurately in our online shops. However, please note that the colours or appearance of products may differ from how they appear on your screen, depending on the type of device used to access the shop and the settings and configuration of your device.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or correspond to the images or representations shown in our online shops.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any person, geographical region or jurisdiction on a case-by-case basis.

Section 3 – Orders

When you place an order, you are making an offer to purchase. Performance Drive Solutions reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not accepted until Performance Drive Solutions confirms its acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Performance Drive Solutions may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Returns or exchanges of your purchases are governed exclusively by the provisions of our Right of Withdrawal Policy.

You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

Section 4 – Prices and Billing

Prices, discounts and promotions may be changed without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, the prices shown include statutory value-added tax; shipping costs, handling fees, customs duties or import charges may apply in addition and will be shown separately before the checkout process is completed.

Prices displayed in our online shops may differ from prices in our physical stores or in online shops and other stores operated by third parties. From time to time, we may offer promotions in connection with our Services that may affect pricing and may be subject to separate terms and conditions. In the event of any conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our shops. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you where necessary.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use the credit card for the purchase, (iii) the charges incurred by you will be honoured by your credit card company and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling charges and any applicable taxes.

Section 5 – Shipping and Delivery

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We accept no responsibility for delays caused by shipping service providers, customs clearance or events beyond our control. Once we have handed the goods over to the shipping service provider, title and risk of loss pass to you.

Section 6 – Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, advertisements, images, graphics, product reviews, videos and audio files, as well as their design, selection and arrangement, are owned by Performance Drive Solutions, its affiliates or licensors and are protected by German, European and international copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit or create derivative works from any materials available through the Services. Unless expressly stated otherwise herein, nothing in these Terms grants you any licence or other rights in any patent, trademark, copyright or other intellectual property belonging to Performance Drive Solutions, Shopify or any third party. Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Performance Drive Solutions.

The names, logos, product and service names, designs and slogans of Performance Drive Solutions are trademarks of Performance Drive Solutions or its affiliates or licensors. You may not use these trademarks without the prior written permission of Performance Drive Solutions. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.

Section 7 – Optional Tools

As part of the Services, you may be provided with access to customer tools offered by third parties. We do not monitor these tools and have no control or influence over them.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We accept no liability whatsoever for any damage arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should familiarise yourself with and accept the terms and conditions of the relevant third-party tools.

We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these General Terms and Conditions.

Section 8 – External Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any damage relating to your access to external websites or your purchase or use of products, services, resources or content on external websites. Please carefully review the third party’s policies and procedures and ensure that you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

Section 9 – Relationship with Shopify

Performance Drive Solutions is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our shop are concluded directly with Performance Drive Solutions. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Performance Drive Solutions, including any injuries, damage or losses resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with Performance Drive Solutions.

Section 10 – Privacy Policy

All personal data that we collect through the Services is subject to our Privacy Policy, and certain personal data may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you. Data that you submit to the Services will be transmitted and disclosed to Shopify and to third-party providers, which may be located in a country other than your country of residence, in order to provide services to you. Further information about how we, Shopify and our partners use your personal data can be found in our Privacy Policy.

Section 11 – Feedback

If you send, upload, publish, submit by email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including commercial purposes.

You further represent that: (i) you own or otherwise hold all necessary rights in all Feedback; (ii) you have disclosed all compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and will remain under no obligation to (1) keep your Feedback confidential, (2) pay you compensation for your Feedback or (3) respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that infringes the intellectual property rights of any party or violates these General Terms and Conditions.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You are solely responsible for any Feedback you provide and for its accuracy.

Section 12 – Errors, Inaccuracies and Omissions

From time to time, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions at any time without prior notice and to change or update information or cancel orders if any information is inaccurate at any time, including after you have submitted your order.

Section 13 – Prohibited Uses

You may use the Services only for lawful purposes. You may not directly or indirectly access or use the Services: (a) for unlawful or malicious purposes; (b) to violate any international, European, federal, state or local regulations, rules, laws or ordinances; (c) to infringe our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or otherwise harm our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited communications; (h) to impersonate or attempt to impersonate another natural or legal person; or (i) to engage in any other conduct that restricts or inhibits another person’s use or enjoyment of the Services or that could harm or expose Performance Drive Solutions, Shopify or users of the Services to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or otherwise exploit any part of the Services; (c) collect or track the personal data of others; (d) misuse the Services through spam, phishing, pharming or pretexting; (e) use robots, spiders, scraping tools, AI tools, such as agentic AI, or automated means to access the Services; or (f) circumvent or manipulate security or authorisation features. We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated these Terms.

Section 14 – Agents

14.1 This section (the “Agent Terms”) applies if you use, permit, enable or cause an Agent to access, use or interact with the Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person.

14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times in accordance with Section 14.4. No Agent is permitted to access the Services if we have instructed it not to do so.

14.3 We may, including through technical measures, restrict whether and how an Agent accesses, uses and interacts with the Services.

14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the name of the Agent by including the following in the User-Agent string: “Agent/[Agent Name]”; (ii) must not conceal or obscure the fact that access originates from an Agent; (iii) must truthfully answer questions intended to determine whether interactions originate from a human or a computer; and (iv) must not circumvent any measures intended to prevent, restrict or control how Agents access the Services.

Section 15 – Termination

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time and without prior notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which, by their nature, should survive termination.

Section 16 – Disclaimer of Warranties

The information provided on or through the Services is made available solely for general information purposes. We make no warranty as to the accuracy, completeness or usefulness of this information. Any reliance on such information is entirely at your own risk.

Unless expressly stated otherwise by Performance Drive Solutions, the Services and all products offered through the Services are provided to you on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied, to the extent permitted under mandatory German and European consumer protection law. The statutory warranty rights of consumers pursuant to Sections 437 et seq. of the German Civil Code (BGB) remain unaffected by this clause.

Section 17 – Limitation of Liability

To the extent permitted by law, Performance Drive Solutions, our partners, directors, officers, employees, affiliates, representatives, contractors, service providers or licensors, as well as Shopify and its affiliates, will not be liable for any indirect, incidental or consequential damage, loss of profits, loss of revenue or loss of data arising from your use of the Services or any products purchased through the Services.

This limitation of liability does not apply to damage resulting from injury to life, body or health, damage caused by intent or gross negligence, or claims under the German Product Liability Act. In the event of a breach of material contractual obligations, also referred to as cardinal obligations, we will also be liable in cases of ordinary negligence, limited to the foreseeable damage typical for the contract.

Section 18 – Indemnification

You agree to indemnify and hold harmless Performance Drive Solutions, Shopify and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors and service providers from and against all losses, damages, liabilities or claims, including reasonable legal fees, asserted by third parties arising from or relating to (1) your breach of these General Terms and Conditions, (2) your violation of applicable law or the rights of third parties or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification. We may control the defence and settlement of such a claim at your expense, but we will not settle any claim requiring non-monetary obligations from you without your consent, which may not be unreasonably withheld.

Section 19 – Severability

If any provision of these General Terms and Conditions is found to be unlawful, invalid or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these General Terms and Conditions. The validity and enforceability of the remaining provisions will not be affected.

Section 20 – Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these General Terms and Conditions will not constitute a waiver of that right or provision.

These General Terms and Conditions, together with all policies published by us on this website, constitute the entire agreement between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written.

Any ambiguities in the interpretation of these General Terms and Conditions may not be construed against the party that drafted this document.

Section 21 – Assignment

You may not delegate, assign or transfer this agreement or any of your rights or obligations under these Terms without our prior written consent; any such attempt will be void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice to you.

Section 22 – Governing Law

These General Terms and Conditions and any separate agreements under which we provide Services to you are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). To the extent permitted by law, the place of jurisdiction for all disputes arising from or relating to these Terms is the registered office of Performance Drive Solutions in Übach-Palenberg. In the case of consumers, this applies only insofar as it does not restrict the protection provided by mandatory consumer protection laws in their country of residence.

Section 23 – Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 – Changes to the General Terms and Conditions

The latest version of the General Terms and Conditions can be viewed on this page at any time.

We reserve the right, at our sole discretion, to update, amend or replace any part of these General Terms and Conditions by publishing updates on our website. We will inform you of any material changes to these Terms in accordance with applicable law. By continuing to use the Services after changes have been published, you agree to those changes.

Section 25 – Contact Information

Please send any questions regarding the General Terms and Conditions to info@performance-drive-solutions.de

Our contact details:

Performance Drive Solutions UG (limited liability) Fraunhoferstr. 6 52531 Übach-Palenberg Germany

Email: info@performance-drive-solutions.de Telephone: +49 177 2432028 Commercial Register Number: HRB 29234 VAT Identification Number: DE458004817