Legal
Terms and Conditions
Terms for orders in the web shop and for workshop services of INP Service GmbH.
INP Service GmbH
Registered office: Arakawastraße 6/2/7, 1220 Wien, Österreich
Workshop and delivery address: Sandstraße 5, Halle F, 2100 Stetten, Österreich
Commercial register number: FN 658237x, Handelsgericht Wien (Commercial Court of Vienna)
1. Scope and Definitions
1.1 These General Terms and Conditions (Allgemeine Geschäftsbedingungen, "Terms") apply to all contracts that INP Service GmbH (hereinafter "INP" or "we") concludes with customers via the web shop at https://inp-dieseltechnik.at, as well as to all workshop services (diagnosis, repair and maintenance of injection systems and components) commissioned via the website, by e-mail or by telephone.
1.2 A consumer (Verbraucher) is any natural person who concludes the contract for purposes that do not belong to their business (§ 1 Abs 1 Z 2 KSchG; Konsumentenschutzgesetz, the Austrian Consumer Protection Act). An entrepreneur (Unternehmer) is anyone who concludes the contract in the course of operating their business (§ 1 Abs 1 Z 1 KSchG, § 1 UGB; Unternehmensgesetzbuch, the Austrian Commercial Code). Where these Terms distinguish between consumers and entrepreneurs, the respective provisions apply only to the customer group named. Provisions without such a distinction apply to all customers.
1.3 The mandatory provisions of the Konsumentenschutzgesetz (KSchG), the Fern- und Auswärtsgeschäfte-Gesetz (FAGG, the Austrian Distance and Off-Premises Contracts Act) and the Verbrauchergewährleistungsgesetz (VGG, the Austrian Consumer Warranty Act) apply to consumers. These Terms do not restrict the rights arising from those statutes.
1.4 Deviating or supplementary terms and conditions of the customer become part of the contract only if we have expressly agreed to them in writing. This also applies if we deliver or perform with knowledge of deviating terms.
1.5 The version of these Terms published on the website at the time of the order or the placing of the service order is decisive.
2. Conclusion of Contract
2.1 The presentation of goods and services on our website is not a binding offer but an invitation to the customer to make an offer. Errors and changes remain reserved.
2.2 The customer places the desired goods in the shopping cart, enters their details during the ordering process, selects the payment and shipping method and can check and correct their entries at any time before submitting the order using the browser functions and the editing fields. By clicking the button "order with obligation to pay" („zahlungspflichtig bestellen“), the customer makes a binding offer to conclude a purchase contract (§ 8 FAGG).
2.3 After receipt of the order, the customer receives an automatic e-mail confirming receipt. This confirmation of receipt does not yet constitute acceptance of the offer. The purchase contract is concluded when we accept the order by a separate order confirmation sent by e-mail or when we dispatch the goods, whichever occurs first. We accept an offer within five working days; otherwise the customer is no longer bound and any payment already made will be refunded without delay.
2.4 For payment in advance, we send the payment details together with the order confirmation. For card payment, the payment is initiated when the order is submitted; the contract is concluded upon the order confirmation or dispatch.
2.5 Workshop services are commissioned separately (Section 11). An enquiry via the contact form is non-binding. The contract for a workshop service is concluded when we confirm the customer's offer in writing (including by e-mail) or when the customer accepts our cost estimate (Kostenvoranschlag).
2.6 The contract language is German. We store the contract text (order data and the Terms valid at the time of the order) and send it to the customer by e-mail together with the confirmation of receipt. The customer can additionally view their orders in their customer account, if they have created one. The current Terms can be accessed on the website at any time and can be saved and printed.
2.7 We deliver only to customers who have reached the age of 18.
3. Prices
3.1 All prices stated on the website are final prices in euros and include statutory value added tax. For entrepreneurs, we show the value added tax separately on the invoice. For intra-Community supplies to entrepreneurs with a valid VAT identification number (UID-Nummer) and for export supplies to third countries, the invoice is issued without Austrian value added tax in accordance with the VAT regulations, provided the legal requirements are met and evidenced.
3.2 Shipping costs are not included in the product prices. They are shown separately during the ordering process before the order is submitted and are borne by the customer (Section 5). For deliveries to countries outside the European Union, customs duties, import VAT and fees may additionally apply, which the customer must pay to the competent authorities and over which we have no control.
3.3 The price at the time of the order is decisive. Obvious pricing or typographical errors on the website entitle us to contest the contract; in this case we inform the customer without delay and refund any payments already made.
3.4 Prices for workshop services result from the respective offer or cost estimate (Section 11).
4. Payment
4.1 Payment in advance (bank transfer). The customer transfers the total amount within seven days of the order confirmation to the following account:
Account holder: INP Service GmbH
Bank: Erste Bank der oesterreichischen Sparkassen AG
IBAN: AT19 2011 1854 6822 9900
BIC: GIBAATWWXXX
Payment reference: order number
The goods are dispatched after receipt of the full payment. If payment is not received within 14 days of the order confirmation, we are entitled to withdraw from the contract.
4.2 We reserve the right to exclude individual payment methods in individual cases, in particular for high-priced goods or deliveries abroad, or to make them dependent on a down payment. This will be indicated before the conclusion of the contract.
4.3 Default in payment. If a consumer is in default of payment, they owe default interest at 4 % per year (§ 1000 Abs 1 ABGB; Allgemeines Bürgerliches Gesetzbuch, the Austrian Civil Code) as well as reimbursement of the necessary and reasonable costs of appropriate collection measures, insofar as these are in reasonable proportion to the claim (§ 1333 Abs 2 ABGB). If an entrepreneur is in default of payment, default interest of 9.2 percentage points above the base rate (§ 456 UGB) applies, as well as a flat-rate collection cost compensation of 40 euros (§ 458 UGB) plus any reasonable collection costs exceeding that amount.
4.4 Set-off and retention. Entrepreneurs may set off only undisputed claims or claims established by a final court decision. Consumers may set off if we are insolvent or if their counterclaim is legally connected with our claim, has been established by a court or has been acknowledged by us (§ 6 Abs 1 Z 8 KSchG).
5. Delivery and Shipping
5.1 Place of delivery. Delivery is made from our warehouse in 2100 Stetten. We load the goods and hand them over to the transport company.
5.2 Delivery area. We deliver worldwide. We select the transport company (such as DHL, UPS, Österreichische Post or a freight forwarder) according to the destination country, weight and dimensions of the shipment. On request, we inform the customer of the carrier and the tracking number before dispatch.
5.3 Shipping costs. The shipping costs are borne by the customer. They are shown during the ordering process before the order is submitted. For deliveries whose costs cannot be calculated automatically (in particular freight goods and deliveries outside Europe), we communicate the shipping costs separately before the conclusion of the contract; the customer is bound only once they have agreed to these costs.
5.4 Delivery period. Unless otherwise agreed, the expected delivery time within Europe for goods in stock is up to seven working days from the conclusion of the contract or, in the case of payment in advance, from receipt of payment. For freight goods and deliveries outside Europe, we communicate the expected delivery time separately before the conclusion of the contract. Delivery periods are non-binding unless they have been expressly promised as binding. In the event of delays for which we are not responsible (such as delays at the transport company, supply shortages at the manufacturer, customs clearance), the delivery period is extended appropriately; we inform the customer without delay. If delivery is permanently impossible, both parties are entitled to withdraw from the contract and any payments already made will be refunded without delay. The statutory rights of the consumer in the event of late delivery (§ 7a KSchG) remain unaffected.
5.5 Partial deliveries. We are entitled to make partial deliveries if they are reasonable for the customer. No additional shipping costs arise for the customer as a result.
5.6 Freight goods. Test benches, workshop equipment and other bulky or heavy goods are delivered by freight forwarder. Delivery is made to the curbside (frei Bordsteinkante); unloading, moving to the installation site and commissioning are the customer's responsibility unless otherwise agreed. The customer ensures that the delivery address is accessible by truck and that suitable unloading facilities are available.
5.7 Passing of risk. For consumers, the risk of accidental loss of or damage to the goods passes only upon handover to the consumer or to a third party designated by the consumer (§ 7b KSchG). If the consumer has commissioned the transport company themselves without us having proposed it, the risk passes upon handover to that company. For entrepreneurs, the risk passes upon handover of the goods to the transport company, even if we bear the shipping costs.
5.8 Transport damage. The customer should have visible transport damage noted by the deliverer upon delivery and report it to us without delay. This facilitates the assertion of claims against the transport company. The consumer's warranty (Gewährleistung) rights remain unaffected by this. Entrepreneurs must give notice of transport damage without delay in accordance with § 377 UGB.
5.9 Default of acceptance. If the customer does not accept the goods or if delivery fails for reasons for which the customer is responsible, we may charge the resulting additional costs (return transport, renewed shipping, storage costs) in the amount actually incurred. The consumer's right of withdrawal (Rücktrittsrecht) (Section 7) remains unaffected.
6. Retention of Title
6.1 Under retention of title (Eigentumsvorbehalt), the goods remain our property until the purchase price has been paid in full.
6.2 Entrepreneurs may resell the goods subject to retention of title in the ordinary course of business, but hereby assign to us by way of security all claims arising therefrom in the amount of the invoice amount. Pledging or transfer of ownership by way of security is not permitted. In the event of third-party access to the goods subject to retention of title, the customer must point out our ownership and inform us without delay.
7. Right of Withdrawal for Consumers
7.1 Consumers may withdraw from a contract concluded at a distance (via the web shop, by e-mail or by telephone) within 14 days without giving reasons (§ 11 FAGG). The period, the exercise and the legal consequences are described in our withdrawal instructions (Rücktrittsbelehrung), which are available on the website at https://inp-dieseltechnik.at/en/right-of-withdrawal and are sent to the consumer together with the order confirmation. The model withdrawal form can also be found there.
7.2 Return costs. The direct costs of returning the goods are borne by the consumer (§ 15 Abs 2 FAGG). Goods that cannot be returned by post due to their nature (freight goods) will be collected by us on request; the costs for this are estimated at a maximum of approximately [[RUECKSENDEKOSTEN_SPEDITION]] euros.
7.3 Compensation for loss of value. The consumer must pay us compensation for loss of value (Wertersatz) if the goods have lost value as a result of handling that was not necessary to test their nature, characteristics and functioning (§ 16 FAGG). For injectors, pumps and other injection components, the following applies: opening the packaging and visual inspection are permitted. Installation in a vehicle or a test unit, connection to fuel or test oil, removal of sealing caps and seals or disassembly of the component go beyond the necessary testing and may trigger compensation for loss of value up to the amount of the purchase price, because such components can then be resold only after renewed testing and reconditioning.
7.4 Exceptions. There is no right of withdrawal in particular for goods that are made to customer specifications or clearly tailored to the personal needs of the consumer (§ 18 Abs 1 Z 3 FAGG), for example test benches or equipment that have been individually configured at the customer's request, manufactured with special equipment or coded to specific systems (but not for standard goods that are merely ordered from the manufacturer on demand), as well as for services that have been fully performed with the express consent of the consumer before the expiry of the withdrawal period (§ 18 Abs 1 Z 1 FAGG). We point out such exceptions before the conclusion of the contract.
7.5 The right of withdrawal also applies to the purchase of used goods. Entrepreneurs have no right of withdrawal under the FAGG.
8. Warranty
8.1 Warranty towards Consumers
8.1.1 For consumers, the statutory warranty provisions of the Verbrauchergewährleistungsgesetz (VGG) apply to the purchase of goods and those of the ABGB to workshop services. We are liable for the goods having, at the time of handover, the contractually agreed and the objectively required characteristics (§§ 5 bis 7 VGG).
8.1.2 New goods. The warranty period for new goods is two years from handover (§ 10 Abs 1 VGG). A defect that becomes apparent within one year of handover is deemed to have already existed at the time of handover, unless this presumption is incompatible with the nature of the goods or of the defect (§ 11 VGG).
8.1.3 Used goods. For used goods that are marked as such (such as tested and reconditioned injectors, pumps and used parts), the warranty period is shortened to one year from handover (§ 10 Abs 3 VGG). This shortening applies only if it has been individually negotiated with the consumer. To this end, we point out the shortening separately for each used item on the product page and again during the ordering process, and the consumer confirms it by a separate, not pre-filled declaration. Without this declaration, the two-year period applies.
8.1.4 Remedies. In the event of a defect, the consumer may first demand repair (Verbesserung) or replacement (§ 12 VGG). The consumer may choose between repair and replacement, unless the chosen remedy is impossible or, compared with the other remedy, involves disproportionate costs for us (§ 12 Abs 3 VGG). If the remedy is impossible, disproportionate or has not been carried out within a reasonable period, the consumer may demand a price reduction or, in the case of defects that are not merely minor, termination of the contract (§ 13 VGG). We bear the costs of the remedy (in particular transport to us and back). For the collection and redelivery of freight goods, we make an arrangement with the consumer regarding the handling.
8.1.5 No exclusion for usual deviations. For used goods, whatever corresponds to the condition described on the product page (condition, mileage, test result, visible signs of use) is deemed to be in conformity with the contract. Deviations from the objectively required characteristics stated on the product page are deemed to have been expressly and separately acknowledged by the consumer (§ 6 Abs 2 VGG) if the consumer gives the corresponding declaration during the ordering process.
8.1.6 Installation and operation. Injectors, pumps and injection components must be installed by a specialist workshop in accordance with the specifications of the vehicle or system manufacturer. Defects attributable to improper installation, unsuitable or contaminated fuel, damage to the vehicle's fuel system (such as swarf from a defective high-pressure pump), failure to clean the system, manipulation of the engine control unit or continued operation despite a recognisable malfunction are not defects existing at the time of handover. The burden-of-proof rules of the VGG remain unaffected.
8.2 Warranty towards Entrepreneurs
8.2.1 Towards entrepreneurs, the warranty period for new and used goods as well as for workshop services is one year from handover or acceptance. The presumption under § 924 ABGB that a defect becoming apparent within six months already existed at the time of handover is excluded; the entrepreneur must prove that the defect existed at the time of handover.
8.2.2 Entrepreneurs must inspect the goods without delay after delivery and give written notice of visible defects within seven days of delivery and of hidden defects within seven days of discovery, stating the order and serial number (duty to inspect and notify, Rügepflicht). If timely notice is not given, the entrepreneur loses the claims for warranty, for damages due to the defect and arising from an error regarding the absence of defects (§ 377 UGB).
8.2.3 In the event of a justified notice of defects, we provide, at our option, repair or replacement. If the remedy fails, the entrepreneur may demand a price reduction or, in the case of material defects, rescission of the contract (Wandlung). Removal and installation costs as well as transport costs beyond shipping to us are not reimbursed to entrepreneurs, unless Section 10 establishes liability.
8.2.4 Recourse under § 933b ABGB remains unaffected.
8.3 Common Provisions
8.3.1 For workshop services (Section 11), we provide warranty in accordance with §§ 922 ff ABGB. Towards consumers, the period is two years from acceptance; towards entrepreneurs, one year.
8.3.2 Warranty claims must be addressed to inpservicewien@gmail.com or to our workshop address, stating the order or service order number and a description of the defect. To examine the defect, we need the component; we ask that the complete, non-disassembled component be sent to us with sealing caps. Consumers bear no costs for this examination. If, in the case of an entrepreneur, it turns out that there is no warranty case, we may charge the examination costs according to our price list valid at the time, provided we have pointed this out in advance.
9. Manufacturer's Guarantee
9.1 For certain products, the manufacturers provide their own guarantee. A manufacturer's guarantee (Herstellergarantie) is a voluntary service of the manufacturer; its scope, duration and conditions result exclusively from the manufacturer's guarantee declaration, which is enclosed with the product or linked on the product page.
9.2 Dieselland. INP is an authorised dealer for test benches and workshop equipment of the Dieselland brand. For these products, the Dieselland manufacturer's guarantee applies in accordance with the manufacturer's conditions. Guarantee claims can be asserted through us or directly with the manufacturer; we assist with the handling.
9.3 Carbon Zapp and other manufacturers. Where a manufacturer provides a guarantee, we pass on the guarantee conditions unchanged. We do not assume any guarantee of our own and make no assurances that go beyond the manufacturer's declaration.
9.4 The manufacturer's guarantee exists alongside the statutory warranty and does not restrict it. The statutory warranty rights against us as seller exist regardless of whether a guarantee case exists and are free of charge for the customer.
10. Liability
10.1 We are liable without limitation for damage caused by us or our vicarious agents intentionally or through gross negligence, as well as for personal injury and for claims under the Produkthaftungsgesetz (PHG, the Austrian Product Liability Act).
10.2 In the case of slight negligence, we are liable towards consumers for personal injury and for damage to items that we have taken over for processing (Section 11). Liability for other property damage and for financial loss in the case of slight negligence is excluded towards consumers (§ 6 Abs 1 Z 9 KSchG).
10.3 Towards entrepreneurs, liability for slight negligence, except for personal injury, is excluded. Liability for lost profit, production downtime, standstill costs, consequential damage to vehicles and engines and indirect damage is excluded towards entrepreneurs, unless there is intent or gross negligence. Towards entrepreneurs, liability is limited in amount to the net order value. Claims for damages by entrepreneurs become time-barred within one year of knowledge of the damage and of the party causing it.
10.4 Technical specifications, compatibility information and guide content on our website are prepared with care but do not replace the vehicle-specific check by a specialist workshop. The customer is responsible for checking the part number and the suitability for their vehicle or system before ordering; on request, we assist with the identification.
10.5 The limitations of liability do not apply insofar as they would be ineffective towards consumers under the KSchG.
11. Workshop Services
11.1 Procedure
Workshop services generally proceed as follows:
- Enquiry. The customer submits details of the vehicle, component, fault pattern and desired service via the contact form, by e-mail or by telephone.
- Collection or sending in. Within Vienna and Lower Austria (within a radius of 25 km around Stetten), we collect the components on request; throughout Austria and beyond, the customer sends the components to our workshop or we organise the shipping. The costs for collection, shipping and return delivery are communicated before the service order is placed.
- Diagnosis and repair. We test the components on the test bench, prepare a test report and, where a repair is required, a cost estimate. After approval by the customer, we carry out the repair and finally test the component again.
- Return delivery. After completion and payment, we deliver the components back or the customer collects them at the workshop.
11.2 Diagnosis and Cost Estimate
11.2.1 We inform the customer of the costs of the diagnosis (test bench testing, test report) before the service order is placed. They are payable even if the customer does not commission a repair after the diagnosis. If the repair is commissioned, the flat diagnosis fee is credited to the extent shown in the cost estimate.
11.2.2 The cost estimate is binding unless it is expressly designated as non-binding. A cost estimate for consumers is free of charge, unless the consumer was informed in advance of an obligation to pay (§ 5 KSchG). If, in the case of a non-binding cost estimate, it turns out that the costs will exceed the estimate by more than 15 %, we inform the customer without delay and obtain their consent. If the customer does not give consent, we may invoice the services rendered up to that point (§ 1170a ABGB), and the component is returned in the condition in which it was found.
11.2.3 During diagnosis and repair, it may turn out that a component cannot be economically repaired. In this case we offer, where available, a replacement component from our stock; the provisions on the purchase of goods then apply.
11.3 Performance
11.3.1 We carry out the work professionally in accordance with the state of the art and with suitable testing equipment. Unless otherwise agreed, we use spare parts, at our option, as original parts or parts of equivalent quality.
11.3.2 Removed parts that have been replaced are returned to the customer on request if the customer requests this by the time the service order is placed. Otherwise they become our property upon completion of the work and are disposed of professionally.
11.3.3 We store components handed over by the customer carefully and secure them against loss and damage. For components that are not collected within three months of notification of completion or whose return delivery is not taken up, we may, after a written reminder with a reasonable grace period, charge storage costs in the amount actually incurred.
11.3.4 The customer warrants that they are entitled to dispose of the components handed over.
11.4 Acceptance, Payment and Right of Retention
11.4.1 The test report documents the result of the work and is sent to the customer together with the invoice. Unless otherwise agreed, the invoice is due before return delivery or upon collection. Payment in advance is possible via the account specified in Section 4.1.
11.4.2 For our claims arising from the service order, we have a right of retention over the components handed over (§ 471 ABGB), insofar as they are still in our possession.
11.5 Consumer's Right of Withdrawal for Workshop Services
11.5.1 If a consumer commissions a workshop service at a distance (via the website, by e-mail or by telephone) or off-premises (for example upon collection at their address), the consumer is entitled to the right of withdrawal under the FAGG. The withdrawal period is 14 days from the conclusion of the contract.
11.5.2 If the diagnosis or repair is to begin already during the withdrawal period, the consumer must expressly request this (§ 10 FAGG). If the consumer subsequently withdraws, they must pay us the amount corresponding to the proportion of the services rendered up to the withdrawal in relation to the agreed total price. If the service has been fully performed and the consumer has previously expressly confirmed that they lose their right of withdrawal upon complete performance of the contract, the right of withdrawal no longer exists (§ 18 Abs 1 Z 1 FAGG).
12. Data Protection
Information on the processing of personal data when using our website, when making enquiries and when placing orders can be found in our privacy policy at https://inp-dieseltechnik.at/en/privacy-policy.
13. Applicable Law, Place of Jurisdiction, Final Provisions
13.1 Applicable law. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law. For consumers habitually resident in another state, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of their state of residence (Art 6 Abs 2 Rom-I-Verordnung, the Rome I Regulation).
13.2 Place of jurisdiction. For disputes with entrepreneurs, the court with subject-matter jurisdiction at the registered office of INP Service GmbH has exclusive jurisdiction. For actions against consumers, § 14 KSchG applies: the consumer may be sued only before the court in whose district they have their domicile, habitual residence or place of employment. Actions by a consumer against us may be brought at the general place of jurisdiction or at a statutory elective place of jurisdiction.
13.3 Consumer dispute resolution. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the AStG (Alternative-Streitbeilegung-Gesetz, the Austrian Alternative Dispute Resolution Act). We accept complaints at inpservicewien@gmail.com and endeavour to reach an amicable solution.
13.4 Written form. Amendments and supplements to a contract must be made in writing; e-mail is sufficient. This also applies to any waiver of this written-form requirement. Towards consumers, this applies only insofar as § 10 Abs 3 KSchG does not preclude it.
13.5 Severability clause. Should individual provisions of these Terms be or become ineffective, the effectiveness of the remaining provisions remains unaffected. The statutory provision applies in place of the ineffective provision. Towards consumers, this applies only insofar as the protection of the KSchG is not circumvented thereby.
This is a translation provided for convenience. The German version of this document is legally binding.
Last updated: September 2026