General Terms and Conditions of Sale
1. Application
1.1 These General Terms and Conditions of Sale (hereinafter: “GTC”) shall apply to all sales contracts concluded between eChip International AB (hereinafter: “eChip”) and you as customer if you are a consumer.
1.2 Consumer, means any individual who concludes a legal transaction for purposes that do not primarily relate to such individual’s commercial or independent professional activities. 2. Formation of contract
2.1 Sales contracts between you and eChip can be concluded via the eChip online shop, the online selling platforms mail or by telephone.
2.2 Formation of contract via the eChip online shop The presentation of goods in the eChip online shop does not constitute a binding offer. When you place a purchase order by clicking the “Buy Now” button, you make a binding purchase offer. eChip will send you an automatic order confirmation by email in which the purchase order is documented once more. This automatic order confirmation merely confirms that your purchase order has been received by eChip; it does not constitute acceptance of your offer. The contract is only concluded when eChip confirms the dispatch of the goods by separate email or when the goods are actually dispatched. If the goods that you have ordered cannot be supplied, for example, because they are not on stock, eChip will not accept your offer. In this case, no contract will be concluded. eChip will so advise you without undue delay and refund any payment already received without unless otherwise agreed in writing.
2.5 Formation of contract by mail or telephone A sales contract between you and eChip can also be concluded by mail or telephone. In this case, you make the offer to enter into a sales contract. Upon acceptance of your offer by eChip, a legally binding sales contract is concluded between you and eChip.
3. Right of withdrawal
3.1 As a consumer you have the following right of withdrawal when making a purchase via the eChip online shop, by mail or telephone. Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving a reason. The withdrawal period shall be fourteen days from the day on which you, or a third party designated by you who is not a forwarding agent, take(s) possession of the goods. To exercise your right of withdrawal, you must inform us eChip International Email: returns@maxchipgroup.com of your decision to withdraw from the contract by providing us with a clear notice to this effect by email. You can also, but do not have to, use the online return form available on our website for this purpose. The deadline for withdrawal is met if you dispatch the notice informing us that you exercise your right of withdrawal before the withdrawal period expires. Consequences of withdrawal If you withdraw from this contract, we are obliged to return to you all payments that we received from you, including the shipping costs (with the exception of any additional costs incurred by us as a result of you choosing a manner of shipment other than the inexpensive standard shipment offered by us), without undue delay and in any case within fourteen days of the day of receipt of your notice of withdrawal from this contract by us. We will make the refund using the same payment method that you already used for the original payment transaction, unless expressly otherwise agreed with you; under no circumstances will we charge a fee to you for this refund. We may refuse to return your payment until we receive the returned goods. You must send the goods back to us without undue delay and in any case within fourteen days of the day on which you give us notice of your withdrawal from this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period. You will have to bear the direct cost of sending the goods back to: eChip International Distribution Center Sykorova 6/209 Ostrava 13 71300 Czech Republic You must only compensate us for a reduction in the value of the goods and its original packing if the loss of value is due to the goods and original packing having been handled or used in a manner or to an extent that goes beyond what is necessary to examine the quality, properties and functionality of the goods. Sample withdrawal email (If you wish to withdraw from the contract, please complete this form and email it back to us.) eChip International Email: returns@maxchipgroup.com – I/We hereby withdraw from the contract concluded by me/us regarding the purchase of the following goods /the provision of the following service – Ordered on – Received on – Order No(s) – Consumer’s/Consumers’ name(s) – Consumer’s/Consumers’ address(es) – Consumer’s/Consumers’ signature(s) – Date
3.2 Exclusion or expiry of the right of withdrawal The right of withdrawal does not exist for contracts regarding the supply of non-prefabricated goods which are manufactured on the basis of the consumer’s individual selections or specifications or which are clearly tailored to the consumer’s personal needs. Ex MaxChip Flash
4. Voluntary right to return the goods within 30 days after their receipt
4.1 In addition to the statutory right of withdrawal, eChip grants you the voluntary right to return the goods within a period of 30 days after the receipt of the goods. This right to return the goods allows you to cancel the contract even after the expiry of the 14-day period for withdrawal by returning the goods to eChip, at the address given at the end of this clause 4.1, within 30 days after the goods were received (the 30-day period commences on the day following the receipt of the goods). The deadline is met if the goods are dispatched before the aforesaid period expires. However, the voluntary right to return the goods can only be exercised if you have merely tested goods for approval and you return the goods completely and in their original state intact and undamaged in their original sales packaging. The direct costs of the return shipment of the goods will have to be borne by you. In addition to this we will in this case also charge you a 50€ handling of return fee. Please send the goods to: eChip International Distribution Center Sykorova 6/209 Ostrava 13 71300 Czech Republic Email: returns@maxchipgroup.com
4.2 The refund will be made to the account that you used for payment. If payment was made by invoice or in advance by bank transfer, the return transfer will be made to the account from which the original transfer was made. If you paid with PayPal or by debit/credit card, the refund will be made to the associated PayPal or debit/credit card account. The provisions regarding the additional contractual (voluntary) right to return the goods do not affect the statutory right of withdrawal (cf. clause 3.1 above), which continues to exist irrespective of such. Until the expiry of the period during which the statutory right of withdrawal can be exercised, solely the statutory provisions set out in clause 3.1 above shall apply. Furthermore, the contractual (voluntary) right to return the goods does not affect your statutory warranty rights, which continue to apply without restriction. eChip expressly reserves the right to exclude the voluntary right to return the goods for special campaigns, in the terms and conditions governing such campaigns.
5. Retention of title, setoff and right of retention
5.1 The goods supplied shall remain the property of eChip until the purchase price has been paid in full.
5.2 You shall not be authorized to set your own claims off against our claims unless your counterclaims are undisputed or have been established in a judgment which cannot be appealed against.
5.3 As a purchaser you may only exercise a right of retention if your counterclaim is based on the same sales contract as our claim.
6. Delivery
6.1 eChip shall have the right to make partial deliveries to the extent that you can reasonably be expected to accept such. 6.2 The goods shall be shipped to the shipping address indicated by you. Unless otherwise advised by eChip the goods shall be dispatched within two workdays of the conclusion of the contract and receipt of your payment. 6.3 The risk of accidental loss or destruction of, or of an accidental deterioration in, the goods shall pass to you (transfer of risk) when the goods are handed over to you.
7. Prices / shipping costs
7.1 The prices valid at the time the order is placed shall apply. All prices are retail prices and include statutory value-added tax; they do not include shipping costs or any fees payable for the payment method chosen, both of which shall be charged additionally.
7.2 eChip shall advise you of the shipping costs that will be incurred before the contract is entered into. If purchase orders are placed via the eChip online shop, the price including value-added tax, the shipping costs and the fees for the chosen payment method will further be shown on the online order form before the contract is concluded.
8. Terms of payment; payment options
8.1 Unless otherwise agreed, the purchase price shall be due and payable immediately upon conclusion of the contract. In the event of default of payment, eChip may claim default interest at a rate of 5 percentage points above the base rate of the European Central Bank.
8.2 The following payment options are available to you: Paying with PayPal You pay the amount invoiced using the online payment service PayPal. To do so, you must register, or have registered, with PayPal, enter your access data to gain authorization, and confirm the order to pay to eChip. The goods will be sent to you as soon as the amount invoiced has been credited to our bank account. Paying in advance If you choose to pay in advance, you must transfer the amount invoiced to the bank account of eChip which is indicated in the order confirmation. The goods will be sent to you as soon as the amount invoiced has been credited to our bank account. Paying by debit or credit card If you choose to pay by debit or credit card, you must transfer your debit or credit card data to our payment services provider. Your debit or credit card data will be transferred via a secure connection. The goods will be sent to you upon receipt of your debit or credit card data. Paying by invoice In cases where we eChip offers payment by invoice as a further payment option. With this payment option, you are not required to provide any account details. Payment by invoice is subject to certain rules and, therefore, is not available as an option for all purchase orders and customers. If eChip approves payment by invoice, eChip will send you an invoice as soon as the goods ordered have been sent to you. You will then have 14 calendar days to pay the invoice. In the event that the goods are returned, the amount invoiced will be refunded. The refund of the outstanding amount will be carried out within 14 days after the goods have been received by eChip.
9. Warranty and liability
9.1 eChip shall be liable for defects as to quality and title as provided by applicable law. The limitation period for statutory claims for defects shall be two years and shall commence upon delivery of the goods.
9.2 Claims for defects as to quality do not exist if you modify the goods, handle them improperly, or use them in a manner which has nothing to do with the proper installation and/or the proper operation of the goods. This particularly includes technical diagnostic measures and mechanical impacts on the goods. Improper handling further includes any impact resulting from overstressing the goods (e.g. by using them for races). In addition, a defect as to quality does not exist if the oil consumption of your vehicle increases by up to 30% as a result of the installation of the eChip/MaxChip product.
11. Loss of claims under guarantees und consequences regarding warranty As a result of the installation of an engine control unit, you will lose your guarantee claims against the manufacturer of your vehicle with regard to the engine. Furthermore, the installation of an engine control unit can affect warranty claims, if any, against the seller of your vehicle. Apart from the claims arising out of any engine warranty given by eChip, eChip cannot be held liable for the loss of the aforesaid guarantee and/or warranty claims.
12. General operating license and insurance coverage
12.1 The installation of a eChip product can result in the expiry of the general operating license for your vehicle. As a consequence, the vehicle so modified will no longer permitted to be used on public roads. You must arrange for the technical inspection and approval by an officially recognized testing institution in applicable country on your own responsibility and at your own expense.
12.2 In light of the vast number of different products and equipment in the automotive industry, eChip is unable to examine all properties for their compatibility and warrant such compatibility. This contract does not include an agreement on fitness for approval by an officially recognized testing institution.
13. Data protection
13.1 eChip shall use the personal data provided by you (such as your name, address, email address, phone number, bank account number, and bank code) in accordance with data protection law.
13.2 As a general rule, all personal data shall be treated as confidential. The personal data needed to carry out the transaction shall be stored by eChip and be used to handle purchase orders, manage the customer relationship, deliver the goods, process payments, and prevent bad-debt losses and, where applicable, be passed on for the above purposes to any service providers that eChip may employ in the performance of the contract (for example, forwarding agents or banks). Furthermore, such data will be used for eChips’s own advertising and marketing purposes, for example, for sending you written promotional information. eChip will use your email address to send you promotional offers. You may also only be contacted by telephone for promotional purposes.
14. Online dispute resolution platform, participation in dispute resolution proceedings
14.1 As the law stands, we are obliged to inform users about the existence of the European Online Dispute Resolution Platform which can be used for resolving disputes without needing to resort to the courts. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution Platform here: http://ec.europa.eu/odr/ 14.2 We are not obliged to participate in dispute resolution proceedings initiated by a consumer arbitration service and therefore have chosen against taking part in such proceedings voluntarily.