Terms and conditions
GENERAL TERMS AND CONDITIONS FOR SALES BETWEEN PROFESSIONALS
ARTICLE 1 DEFINITIONS, WEBSITE AND IDENTIFICATION
1.1 – Definitions
Seller: the company Shop4tuner.com
Buyer: the natural person or legal entity who/which purchases files offered for sale by the Seller via their website www.shop4tuner.com, as part of their professional activity.
Order: The act by which the Buyer requests the Seller to supply files at the price(s) stated on www.shop4tuner.com
Product(s): Files offered by the Seller to the Buyer on www.shop4tuner.com .
1.2 – Website
www.shop4tuner.com is run by the company Shop4tuner.com and available in English and French.
1.3 – Legal information
Shop4tuner.com – Rue de l’industrie 1c – 1400 Nivelles – Belgique – VAT: BE0818.795.509 – RPM Nivelles
ARTICLE 2 GENERAL PROVISIONS
2.1 – General Provisions
These General Terms and Conditions outline the respective obligations of the contracting parties, regarding the sale of products on www.shop4tuner.com. Prior to placing any order, the Buyer shall fill out a form, in which he/she will explicitly declare being a professional and never to be considered, in anyway whatsoever, as an ordinary consumer. The Seller shall reserve their products solely for professional with the explicit exclusion of consumers. In placing an order on www.shop4tuner.com, the Buyer shall expressly acknowledge having read, understood and accepted the General Terms and Conditions as they are presented on www.shop4tuner.com at the time of the Order. Whatever the case may be, these General Terms and Conditions shall prevail over the General Terms and Conditions of the Buyer. Shop4tuner.com shall reserve the right to amend these General Terms and Condition at any time. The amended General Terms and Conditions shall be made available online on www.shop4tuner.com.
2.2 – Languages
These General Terms and Condition are available in English and French.
ARTICLE 3 ORDERS
All orders shall be placed solely on www.shop4tuner.com.
3.1 – Authority to place an order
Only persons legally authorized to enter into contracts relating to the Products offered on www.shop4tuner.com shall be authorized to place orders on the said website. When placing the Order, the Buyer shall assert to be legally authorized to adhere to these General Terms and Conditions and to sign the contract with the Seller.
3.2 – Personal Information
During the Order, the Buyer shall agree to provide information required and shall certify to the accuracy of the said information: a- when the Buyer is a natural person: surname, given name, address and registration with a trade register. When the Buyer is a legal entity: Corporate name, registered office, registration with a trade register; b- VAT number; c-delivery address; d-billing address; e-email address; f- telephone number. If the Seller, upon validating their order placed on www.shop4tuner.com, realizes that thereis need to modify some information regarding points a to f, the latter can do it either directly on their personal space on www.shop4tuner.com (“my account” section), or by contacting the Customer Service via the email address: [email protected]
3.3 – Confirmation and shipment emails
The Seller shall send an email to the Buyer, confirming the Order. After payment is validated by the Payment Service mentioned on the website, the Seller shall send an email to the Buyer, stating the shipping terms for his Order.
3.4 – Processing Orders
Orders shall be processed in the order in which their payment is validated by the Payment Service mentioned on the website.
3.5 – Archiving Orders
Buyers who wish to access information relating to their previous Orders can do so via their personal space on www.shop4tuner.com. All information relating to an Order is kept for a period of ten years from the day at which the Buyer placed the Order or from the day at which the Order was paid for. The oldest event will be the starting point for counting this time frame.
3.6 – Responsability
The responsibility of the goods remains by the seller until it’s delivered to the consumer and the delivery must be done before 30 days otherwise can the consumer cancel his order and must be refunded on the same card the payement was done with.
ARTICLE 4 PRODUCTS
The Products offered by the Seller on www.shop4tuner.com shall comply both withthe legislation in force in Belgium and the standards applicable within Belgium subject to use as per Article 14.1. Each Product sold on www.shop4tuner.com shall be described, accompanied by a “product sheet” detailing the characteristics and uses of the said Product. That notwithstanding visual aids (photographs, graphics and diagrams) accompanying each “product sheet” shall be provided for information purposes only and are in no way binding on the Seller.
ARTICLE 5 PRICES
The prices of the Products sold on www.shop4tuner.com shall be given in Euros, VAT exclusive, and excluding contribution in the guarantee fees, ancillary services and shall be valid as long as they are on the Product description sheet.
ARTICLE 6 PAYMENT
Payment for an Order shall be made exclusively by credit card (VISA, Mastercard), PAYPAL, IDEAL, MAESTRO, BANCONTACT.
ARTICLE 7 DELIVERY
7.1 – Country of delivery
Products purchased on www.shop4tuner.com can be delivered to many countries including Luxembourg, Germany, Belgium and Metropolitan France (Corsica included), provided that the Products are delivered in accordance with national regulations of the country with the delivery address mentioned by the Seller and / or any other applicable international regulation. The Buyers shall be solely responsible for compliance with national regulations of the country with their deliveryaddress and / or any other applicable international regulations.
7.2 – Delivery Process
Products must be delivered to the delivery address stated by the Buyer at the time of entering information on the order. Thus, the Seller shall draw the attention of the Buyer on the accuracy of the information provided, relating to delivery of the Order. Delivery shall neither include installation, nor commissioning of the ordered Product, or even the return of previous hardware. Delivery shall neither include installation, nor commissioning of the ordered Product, or even the return of previous hardware. In the event where delivery is impossible because it fails to comply with national regulations of the country with the delivery address of the Buyer and / or any other applicable international regulation, the Buyer shall be solely to blame and shall in no way whatsoever claim any refund onthese grounds.
7.3 – Delivery time
The Product shall be sent to the Buyer, within three days from the validation of payment by the Payment Service mentioned on the website.
7.5 – Inspection of the goods, damages and claims
Any claim not made within 3 working days from the date of delivery may be rejected by the Seller. Where no claim and / or reserves is made by the Buyer upon delivery, this shall mean that the Product delivered has been received in a satisfactory condition. Hence shall not be subject to any subsequent dispute (excluding legal guarantees for non-compliance and / or hidden product defect).
ARTICLE 8 PRODUCT WARRANTY
8.1 – Generalities
The Products sold on www.shop4tuner.com are under a two years warranty, with the exception for longer legal warranties. Terms and conditions relating to warranties by the manufacturers of Products are detailed on the “product sheet”. In order to benefit from this warranty, the Seller must prove that they have purchased the Product for which they are requesting the warranty on www.shop4tuner.com. In this light, the Seller must attach a copy of the invoice for the Product for which warranty is requested. Warranty does not apply in the event of: – abnormal or improper use of the Product; – defects and their consequences brought about by uses for which the Product is not intended; – defects and their consequences brought about by any external cause such as handling or installation errors.
8.2 – Manufacturer’s warranty
The Buyer shall be informed and warned that installation of a Product in a vehicle may alter or terminate the warranty given by the manufacturer of the said vehicle. In this case, the Buyer shall in no way whatsoever hold the Seller liable. The Buyer shall acknowledgebeing fully aware that the manufacturer of the vehicle in which the Product is installed may refuse this warranty.
The Buyer shall be informed and warned that installation of a Product in a vehicle may result in its insurer refusing its warranty. In this case, the Buyer shall in no way whatsoever hold the Seller liable.
8.4.- Replacement of the Product
Where the Product proves to be defective, and subject to warranty, the Seller shall undertake to replace it.
ARTICLE 9 Fight against counterfeit
The Seller shall do all what it takes to assure its Buyers that the Products sold on www.shop4tuner.com are original products. If, however, a Buyer finds out that a Product purchased on www.shop4tuner.com is a counterfeit product, they must promptly report this to the Seller. In this case, the Seller shall proceed to replacing the Product.
ARTICLE 10: CUSTOMER SERVICE
For any question on the Products offered on www.shop4tuner.com and warranties that cover them, the Seller shall create a Customer Service, available from Monday to Friday, from 8:30 a.m. to 6:00 p.m. (GMT + 1) and which can be contacted as follows: +32 67 22 23 24 or [email protected]
ARTICLE 11: PROTECTION OF PERSONAL DATA
Personal information necessary for executing thecontract shall be collected and processed by the Seller in accordance with the provisions of the amended law of August 2, 2002 on the protection of individuals with regard to the processing of personal data (“The amended law of August 2, 2002″). The Buyer shall consent to the collection, registration and processing of their personal data by the Seller, so as to provide the service requested and fulfill legal obligations in force. The Seller shall undertake to provide only to the Carrier, the personal data of the Buyer and so, only information necessary for carrying out the delivery. Thus, except as required by the law or authorized by the Buyer, the Seller shall undertake not to pass any personal data relating to the Buyer, to third parties. The Buyer shall have the right to access their personal data and to request rectificationof inaccurate or incomplete data. In addition, the Buyer shall have the right to object to the processing of their personal data, on legitimate grounds. Unless the Buyer refuses, the Seller may send, promotional offers and offers from its business partners to the email address provided by the Buyer.
ARTICLE 12: INTELLECTUAL PROPERTY
All intellectual property rights related to Products and software of the said Products shall remain the exclusive property of manufacturers of the Products. In connection with the installation and use of the Product, the Buyer shall be issued only one personal user license. Thus, the Buyer shall in no way be authorized to modify, copy or perform any operation on the Products and software other than those necessary for installation and use of the Product.
ARTICLE 13: LIABILITY
13.1 – Use of Products
The Buyer shall acknowledge, as a professional, being fully informed that the Products sold by the Seller are intended to be installed by professionals, respecting the installation and programming procedures specific to each Product, and are reserved for vehicles intended for use exclusively on circuit.
13.2 – Impact of a Product on the characteristics of a vehicle
The Buyer shall acknowledge being fully aware that the use of a Product on a vehicle may change the technical characteristics of the vehicle which may, in particular, alter its response, impact on the environment or life span of the vehicle or its components.
13.3 – Exceptions in the Seller’s liability
The Seller shall not be liable if a Product is used contrary to the recommendations of the manufacturer of the said Product, assembly instructions or information mentioned in the documentation provided or tagged on the Product. The Seller shall not be liable if a Product is not used normally or is used contrary to regulations applicable within the territory wherein the vehicle, on which the Product is installed, is driven. The Seller shall not be held liable by the Buyer for any damage resulting from the modification of the vehicle, in which a Product is installed, particularly in case of damage to the vehicle itself and damage to third parties. The Seller shall not be held liable by the Buyer in the event of – improper use of the vehicle on which the Product is installed; The Seller shall not be held liable by the Buyer for defects on the Products sold, such as viruses or malfunctions of software linked to a Product; The Seller shall not be held liable by the Buyer in case of modifications made to the vehicle after or before the installation of the Product on it; The Seller shall not be held liable by the Buyer for modification of the Product by the Buyer or a third party.
ARTICLE 14: LEGAL AND JURISDICTIONAL POWERS
These General Terms and Conditions shall be governed by the Law of Belgium. In the event of any dispute arising out of the interpretation or execution of these General Terms and Conditions and upon failure to reach an amicable settlement, the said dispute shall be referred exclusively to Belgian courts.