INDEX:
● Article 1 - Definitions
● Article 2 - Company identity
● Article 3 - Applicability
● Article 4 - The offer
● Article 5 - The Agreement
● Article 6 - Right of Withdrawal
● Article 7 - Costs in the event of withdrawal
● Article 8 - Exclusions Right of Withdrawal
● Article 9 - The price
● Article 10 - Conformity and Warranty
● Article 11 - Delivery and execution
● Article 12 - Extended transactions: duration, termination and extension
● Article 13 - Payment
● Article 14 - Complaints
● Article 15 - Disputes
● Article 16 - Additional or deviant conditions
● Article 17 - Credits
● Article 18 - Refund
ARTICLE 1 - DEFINITIONS
The following definitions apply to these general terms and conditions:
1. Reflection period: The period during which the Client has the right to use his withdrawal right.
2. Client: The natural person not performing in a professional capability or on behalf of an employer and who enters right into a distance agreement with the Company.
3. Day: Calendar day.
4. Extended transaction: An agreement of distance on a number of product and service offerings with delivery and purchasing obligations spread over some time.
5. Durable data carrier: Every method through which the Client or the Company may store information related to or directed to them. The information stored here is available for future reference and unaltered replication of the saved data.
6. Right of Withdrawal: During the reflection period, the Client has the right to terminate the distance agreement.
7. Standard Form: A formal form of the Company that is used when the Client wants to act on his right to withdraw.
8. Company: The natural or legal entity that offers products and services to clients via distance selling.
9. Distance agreement: An agreement reached only by one or more techniques for distance communication, including a company’s system of organizing distance sales from product and service to the end of the agreement.
10. Techniques for distance communication: This means that an agreement can be concluded without requiring the Client and Company to be present at the exact location at the same time.
11. General Terms and Conditions: These are the general terms and conditions that the Company has provided.
ARTICLE 2 - COMPANY IDENTITY
ECU CHIPTUNING FILES LTD
Phone number: +44 7716 527441 (whatsapp support line 24/7)
Email address: [email protected]
Office address: 4 RAVEN ROAD, UNIT 1C3-530 LONDON UNITED KINGDOM E18 1HB
ARTICLE 3 - APPLICABILITY
1. These general terms and conditions apply to every offer the company makes, as well as every distance agreement and order between the company and the client.
2. The client will receive a copy of these general terms and conditions prior to the conclusion of the distance agreement. If physical delivery is not feasible, the client can request and receive these general terms and conditions free of charge.
3. If the company concludes the distance contract online, it shall notify the customer that such general terms and conditions are available on its website. The company will forward these general terms and conditions electronically and free of charge upon the client's request.
4. Suppose the additional product or service-specific conditions exist. In that case, the second and third paragraphs apply, and the client has the right to apply the most favorable term or condition if the specific conditions contradict the general terms and conditions.
5. Should one or more terms or conditions in these general terms and conditions become wholly or partially null and void at any moment, these general terms and conditions, as well as the agreement, will still apply, with a new term or condition in place of the one that was previously there, which must be as close to it as possible and made with immediate effect on mutual consent.
6. We will judge situations not covered by these general terms and conditions in accordance with their spirit.
7. We will explain any ambiguities regarding the meaning or content of one or more terms or conditions in the spirit of these general terms and conditions.
ARTICLE 4 - THE OFFER
1. An offer will explicitly state whether it has a limited validity period or is subject to certain conditions.
2. The offer is not binding. The company reserves the right to change or adapt the offer at any time.
3. There is an accurate and complete description of the products and services offered in the offer. The description is sufficiently detailed to provide a sound assessment of the client's offer. When the company uses pictures, they accurately represent the products and services offered. Any apparent errors or mistakes in the offer are non-binding for the company.
4. All pictures, specifications, and additional data included in the offer are indications and will not cause payment of damages or termination of the agreement.
5. The pictures of the products accurately depict the offered products. The company cannot guarantee that the colors shown in the photographs match the actual colors of the products.
6. Every offer contains information that the client is fully aware of regarding the rights and obligations related to the acceptance of the offer.
This applies in particular to:
● The price, including taxes.
● Any shipment costs.
● The method for finalizing the agreement and the important actions.
● The right of withdrawal, when applicable.
● The payment methods, delivery, and execution of the agreement are important considerations.
● The period of acceptance of the offer refers to the duration within which the company guarantees the offered price.
● If the rates for distant communication methods differ from the regular base rate for the utilized communication method,
● After the agreement concludes, the company will let the client know if, how, and how to access this file.
● The process by which the client can review and, if required, modify the information he has provided about the agreement before it is finalized.
● Any other languages besides United Kingdom in which the agreement can be drafted.
● The company adheres to codes of conduct and provides an electronic method for clients to refer to these codes of conduct.
● The minimum duration of the distance agreement applies in the case of an extended agreement.
ARTICLE 5 - THE AGREEMENT
1. The agreement is deemed concluded when the Client accepts the offer and all relevant terms and conditions have been met, as outlined in paragraph 4.
2. If the Client has accepted the offer electronically, the Company will confirm receipt of the acceptance electronically without delay. As long as the Company has not confirmed this yet to balance the offer, the Client has the right to cancel or terminate the agreement.
3. In the event the agreement is concluded electronically, the Company will take appropriate technical and organizational measures to ensure the security of electronic data transfers and a secure web environment. If the Client has the means for electronic payments, the Company will take appropriate security measures.
4. The Company reserves the right, within legal boundaries, to verify the Client's ability to meet financial obligations and other factors crucial for a responsible conclusion of the distance agreement. If this verification leads to the need to cancel the agreement, the Company may reject an order or request or impose special conditions, providing reasons for such actions.
5. When delivering the product or service to the client, the Company will provide the following details, either in writing or in a format that makes it simple for the client to access and save the information on an effective data carrier:
● The client can refer to the company's visiting address in the event of defects or complaints.
● The conditions that apply to the client's right of withdrawal and/or a clear description regarding the exclusions of the right of withdrawal;
● the pertinent details regarding warranties and services provided after the purchase.
● The information stated in Article 4, paragraph 3 of these general terms and conditions applies, unless the company has already provided the client with this information prior to the conclusion of the agreement.
● The agreement's termination requirements apply when the duration exceeds one year or is indefinite.
● The previous paragraph's limitation only is applicable to the first delivery in the event that the agreement provides for an extended transaction.
● The conclusion of each agreement depends on the availability of the relevant products.
ARTICLE 6 - RIGHT OF WITHDRAWAL
With regard to the delivery of products:
1. When buying products, the Client has the right to terminate the agreement within 14 days without declaring reasons. This reflection period starts on the day of the Client's receipt of the product or by a representative appointed by the Client after notification to the Company.
2. During this reflection duration, the Client will take appropriate care of the product and the packaging. The Client will only unwrap or use the product to the extent to which he is able to decide whether he wants to keep the product. Should the Client use his right of withdrawal, he will return the product and all accessories and - when reasonably possible - in its original state and packaging to the Company in compliance with the reasonable and clear instructions provided by the Company.
3. Should the Client want to use his right of withdrawal, he will notify the Company within 14 days of receipt of the product. The Client will use the standard form for this purpose. After giving the Company notification of using the right of withdrawal, the Client will return the product within 14 days. The Client will provide the Company with, for instance, proof of dispatch as evidence of the timely return of the product.
4. Suppose the Client fails to notify the Company of their intent to use the right of withdrawal within the specified 14-day period and does not return the product. In that case, the purchase becomes binding, and the Client is obligated to keep the product.
With regard to the delivery of services:
● On delivery of services, the Client has the right to terminate the agreement without stating reasons for at least 14 days starting on the day the agreement is concluded.
● If the Client does not exercise their right of withdrawal for Services within the specified 14-day period, the agreement becomes binding, and the Client is obligated to fulfill its terms.
ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL
1. Should the client use his right of withdrawal, the costs incurred by the client will not exceed the costs of the return shipment.
2. If the client has made any payments, the company will refund them as soon as possible, no later than 14 days after the withdrawal. The Company will only issue refunds if the product arrives at ecu-chiptuningfiles.com address or if they provide conclusive evidence of the product's complete return shipment.
ARTICLE 8 - EXCLUSIONS TO THE RIGHT OF WITHDRAWAL
1. The company retains the right to exclude the right of withdrawal for products, as outlined in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid when the company has stated it clearly in the offer, or at least in a timely period prior to the agreement's conclusion.
2. Only the following products are exempt from the right of withdrawal:
● The company has produced products that meet the client's specifications.
● The client has either broken the seal on audio and video recordings or made changes to computer software.
3. Only the following services are exempt from the right of withdrawal:
● Services that have begun before the end of the reflection time with the client's explicit consent.
ARTICLE 9 - THE PRICE
1. The offer's validity period prohibits price increases for products and/or services, with the exception of price adjustments brought on by:
● Changes in the VAT rates.
● Changes due to legislative requirements and regulations.
2. As stated in the offer, the prices for products and/or services as stated in the offer are inclusive of VAT.
3. All prices are due to printing and typographical mistakes. The company cannot be held liable for the consequences of printing and typographical errors. The company bears no obligation to deliver the product at the incorrect price due to printing and typographical errors.
ARTICLE 10 - CONFORMITY AND WARRANTY
1. The Company will ensure that the products and services meet all the conditions of the contract, such as specifications as set forth in the offer, suitability or dependability requirements that are reasonably expected, and legislative requirements and regulations at the time of signing this agreement. If so agreed, the Company will also ensure that the product is suitable for a different use than the one stated in the agreement.
2. It's important to note that any warranty given by the Company, the manufacturer, or the importer does not detract from the legal rights and claims the Client may exercise against the Company based on the agreement. Your rights are protected.
3. The Client will notify the Company in writing about any defects or faulty deliveries within two weeks after delivery. Return shipment of the products will be done in the original packaging and new condition.
4. The Company's warranty period is the same as the manufacturer's. However, the Company is never responsible for the final suitability of the products for each use by the Client or for any advice regarding the use or application of the products.
5. The warranty does not apply when:
● Any repair work and any other work on the delivered products has been done by the Client or by third parties.
● The delivered products have been exposed to abnormal circumstances or have been treated in any other irresponsible way or any manner in breach of the directions of use provided by the Company and as stated on the packaging.
● The defect is wholly or partially the result of (future) legislative regulations regarding the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND EXECUTION
1. The company will take the utmost care and responsibility with regard to the acceptance and execution of product orders, as well as the assessment of service requests.
2. The address that the Client has given to the company is the delivery location.
3. Thinking about the information in paragraph 4 of this article, the company will carry out accepted orders promptly but not later than 30 days following the conclusion of the agreement unless the Client has consented to a longer delivery term. If the delivery is delayed, or if the contract can only be partially executed or not at all, the Client will be notified by 30 days after placing the order. If this is the case, the Client has the right to terminate the agreement without cost. No damages are due to the Client.
4. All delivery dates are indicative. The Client does not retain any rights with regard to delivery periods stated in the agreement. Clients are not entitled to damages if delivery dates are exceeded.
5. Suppose the Client terminates the agreement in accordance with paragraph 3 of this article. In that case, the company will refund the amount as soon as possible but by 14 days after the termination.
6. If the company is unable to deliver the ordered product, it will do its best to find a replacement. The company will inform the customer of a replacement product by the time of delivery and in an explicit and easily understandable way. Replacement products are never exempt from the right to withdraw. The company incurs the cost of the return shipment.
7. Any risk with reference to damages or lack of the product shall stay with the business enterprise until the instant of delivery on the cope with of the patron or at the cope with of a representative appointed with the aid of the Client after notification to the commercial enterprise company, except expressly in any other case agreed.
ARTICLE 12 - EXTENDED TRANSACTIONS: PERIOD, TERMINATION AND EXTENSION
Termination
1. The client has the right to terminate an indefinite agreement that includes a regular purchase of products and/or services at any time, with due observance of the contractual termination terms and a notice period of no more than one month.
2. The client has the right to terminate a definite agreement that includes a regular purchase of products and/or services at any time at the end of the agreement period, with due observance of the contractual termination terms and a notice period of not more than one month.
3. There is a right for the client to terminate the agreements as described above:
● At all times, without being restricted to a specific date or period.
● The same way as the agreement's conclusion.
● Observe the same notice period as the company has set for itself.
Extension
Without mutual consent, we cannot extend or renew any definite agreement that includes the regular purchase of products and/or services.
Duration
If an agreement is longer than one year, the client has the right to terminate it with due observance of a notice period of not more than one month, unless the consequences would be contrary to the principles of reasonableness and fairness.
ARTICLE 13 - PAYMENT
1. Clients must ensure payment within 7 working days after the start of the reflection period unless otherwise agreed, as stated in Article 6, paragraph 1. If the agreement includes the delivery of a service, this period will begin after the client accepts the agreement.
2. A client is responsible for notifying the company of any inaccuracies in their payment details without delay.
3. Subject to legal restrictions, the company has the right to charge any predetermined reasonable costs incurred by the client in the event of default or non-payment.
Recurring Payments
1. At the checkout, the Customer will have the option to store their debit or credit card details in their customer account with Ecu-ChiptuningFiles.com In the event the Customer selects this option, the card information will be stored at the secure servers of our Payment Provider MultiSafepay on behalf of ecu-chiptuningfiles.com The eustomer, at this moment, authorizes MultiSafepay to collect and store their debit or credit card information.
2. In case the Customer wants to delete the debit or credit card details from their account, they can delete the option on the checkout page or send an email to [email protected] with the request to delete the card details.
ARTICLE 14 - COMPLAINTS
1. The company has a sufficiently published complaints procedure that it shall follow when dealing with any complaints.
2. In the event of any complaints about the execution of the agreement, the client will notify the company of the complaint within 7 days after the complaint arises, clearly and fully detailed and in writing.
3. The company will respond to any complaint within 14 days of receiving it. Should it become evident that resolving the complaint will require more time, the company will inform the client within the 14-day period and provide a timeline for a more comprehensive response.
4. If both parties are unable to resolve the complaint to their satisfaction, a dispute may arise, and a dispute settlement may be necessary.
5. If there is a complaint, the client will first turn to ecu-chiptuningfiles.com Should a complaint fail to reach a mutually satisfactory resolution, the client will resort to Stichting WebwinkelKeur (https://www.webwinkelkeur.nl/), a cost-free mediation service. If this step does not provide a solution to the complaint, the client has the option to file a complaint with Stichting GeschilOnline (www.geschilonline.com). The company and the customer will both accept that any decision from Stichting GeschilOnline is binding for both the company and the client. Taking a complaint to Stichting GeschilOnline is not without costs, and they will be at the expense of the client. It is also possible to report complaints to the European Online Dispute Resolution platform (http://ec.europa.eu/odr).
6. A complaint shall not suspend the obligations of the company and the client unless the company states otherwise in writing.
7. If the company finds the complaint well-founded, it will either exchange or repair the returned products for free.
ARTICLE 15 - DISPUTES
All agreements between the client and the company falling within these general terms and conditions are subject to United Kingdom law. This is also true when the client's domicile is outside the UNITED KINGDOM
The United Nations Convention for the International Sale of Goods (CISG) is not applicable.
ARTICLE 16 - ADDITIONAL OR DEVIANT CONDITIONS
In addition to these general terms and conditions, any other additional or deviant conditions may not be to the client's disadvantage and shall be recorded in writing or in such a way that they can be easily stored by the client on a durable data carrier.
ARTICLE 17 - CREDITS
Ecu-ChiptuningFiles.com uses a prepaid credit system; these credits are purchased in advance and are credited to the account. These credits last as long as the account is online, thus they have no expiry time. When an account with ecu-chiptuningfiles.com is removed, the credits remaining in the account will also be canceled. A refund is not possible.
ARTICLE 18 - REFUND
Please understand that our website offers non-tangible and irrevocable goods, so once you purchase one, there are no refunds. We make this clear to you before you buy any product. Please read the description of the product thoroughly before deciding to purchase it.
We only conduct transactions with other tuning facilities and car workshops; car owners are encouraged to consult a professional tuner unless they are confident in their expertise, ability to perform datalogs, and possession of professional tuning and diagnostic tools. Credits themselves are not refundable. Essentially, we receive reimbursement for the full scope of our services, with minimal regard for the results. We solely offer the credit refunding option as a courtesy to our clients.
If you creating an account on our website, you agree to all these terms and conditions.