General Terms and Conditions B2B Bitchip Limited
THE PRODUCTS OFFERED ON THIS WEBSITE ARE INTENDED FOR SALE AND USE BY PROFESSIONAL VEHICLE TUNERS ONLY AND ARE NOT SUITABLE FOR A NON-PROFESSIONAL AUDIENCE
1.1. The legal relationship and any agreement between BC Bitchip Limited (Bitchip Limited , with registration number B169121, EUID number LURCSL.B169121 and registered office at ZI Victoria House, Suite 41,SE16 7DX London,United Kingdom) and the Customer shall be governed solely by these terms and conditions unless otherwise agreed in a written agreement.
1.2. The general terms and conditions can be found on the website (www.filedatabase.eu).
1.3. The Terms and Conditions apply to any offer made by Bitchip Limited and to any distance contract entered into between Bitchip Limited and the Client that uses or purchases tuning software/tuning files (the “Products”) that have been brought to the website market by Bitchip Limited solely for professional purposes.
1.4. The terms and conditions stated on the website at the time the order is placed shall apply and shall govern this order.
1.5. By ordering or purchasing products from Bitchip Limited through the website, the Customer acknowledges that they have read and accept the Terms and Conditions. In particular, by purchasing and downloading, configuring or using the Products and their documentation, the Customer expressly accepts the terms of the License Agreement, which forms an integral part of these Terms and Conditions, and agrees to be bound by this License Agreement. In case of contradictions between the General Terms and Conditions and the License Agreement, the provisions of the License Agreement shall prevail.
1.6. Bitchip Limited reserves the right to change the terms and conditions at any time.
1.7. No variation or departure from these terms and conditions shall apply unless agreed in writing by Bitchip Limited. Deviations from one or more articles of the General Terms and Conditions shall not affect the applicability of the other articles of these General Terms and Conditions.
2. Professional client
2.1. Due to the highly specific nature of its products, Bitchip Limited only sells its B2B products to professional vehicle tuners who are adequately trained, skilled and qualified in tuning a vehicle and can tune a vehicle without additional information, training or third party assistance Party.
2.2. By ordering or purchasing products from Bitchip Limited, the customer confirms that they are a professional car tuner with extensive knowledge and training in tuning a vehicle.
3. information, orders, prices and availability
3.1. The information made publicly available by Bitchip Limited (e.g. via the website) is of a general nature and will be corrected and/or amended. This information itself is generally not adapted to personal or specific circumstances. Bitchip Limited reserves the right to change the features of the products at any time if deemed appropriate or necessary or required by any authority.
3.2. All offers and products are subject to availability.
3.3. All prices shown on the website are based on the current prices applied by Bitchip Limited.
3.4. All prices are in Euro and do not include the statutory value added tax and all other costs incurred.
3.5. Prices are subject to fluctuation and may be changed at any time by Bitchip Limited on its website.
3.6. The price valid at the time of the confirmation of the order is valid for this order and is indicated on the purchase account of the customer who buys the product
3.7. Bitchip Limited will process orders subject to availability and within the restrictions set out in these terms and conditions. Bitchip Limited reserves the right to refuse orders for legitimate reasons at any time, including, but not limited to, where there is a suspicion of abuse of rights or misconduct by the customer.
3.8. The purchase of a product does not include updates made to the product by Bitchip Limited. In the event that the customer wishes to receive an update of his software, a new order must be placed and paid on the website.
4. Product ordering process and delivery
4.1. Before ordering a product, each customer must create an account. The Customer Account is created by completing the registration process and providing Bitchip Limited with current, complete and accurate information as specified on the Application Registration Form. Providing false information (e.g. a fake or ambiguous chassis number) may result in Bitchip Limited being unable to provide support for a particular project.
4.2. Once the customer account has been created, the customer can buy products that are available in the webstore. The products purchased hereunder consist of credits with which the tuning software / tuning file(s) can be downloaded that correspond to the credits purchased. Credits must be paid in accordance with Article 5.
4.3. The credits purchased are stored in the customer’s purchase account and can be used at any time to download the corresponding products available in the webstore. Once a tuning software / tuning file has been downloaded, the available credits are reduced by the credit corresponding to the downloaded product.
4.4. Purchased credits cannot be cancelled and will not be refunded. Any request for a refund will result in immediate exclusion from the site, services and products.
5. Invoice and payment
5.1. The invoice will be sent to the customer after confirmation of the order and will only be sent by e-mail.
Customers are obliged to pay for the products via the online payment provider “Paypal” or Stripe, unless expressly agreed otherwise with BITCHIP LTD
5.2. BITCHIP LTD may offer other payment methods in the future. If BITCHIP LTD uses other payment methods, this will be announced on the Website.
5.3. To ensure the security of online payments made by the customer, all transactions are encrypted using SSL technology.
5.4 In some cases a dispute will be granted and the Customer may request up to a certain amount of tuning files which will be calculated only afterwards by the Billing Company with reference to the country. All tuning files will be charged with 1 credit unless otherwise agreed. Which needs a written confirmation from the provider. For the German area we work with the company Maxchip Ltd. & Co. KG,Tal 44,80331 Munich,Germany, Phone: +49 89 231 67623, E-Mail: email@example.com. Invoices for the German area, i.e. Germany, Austria and Switzerland are provided exclusively by this company. An agreement between the companies exists for this.
6. Delivery of the products
6.1. Downloading a product requires that (i) BITCHIP LTD is provided with complete and accurate information about the vehicle to be tuned in accordance with the appropriate form; and (ii) the file containing the information read from the engine control unit of the vehicle concerned is uploaded
6.2. After the collection and analysis of the information provided in accordance with Article 6.1, the corresponding tuning software / tuning file is made available to the customer for download.
6.3. The warranty granted on the products requires the customer to provide correct and complete information about the vehicle to be tuned. In the event of incorrect, inaccurate or incomplete information, BITCHIP LTD disclaims all warranties and conditions with respect to the products, including all warranties of fitness to tune a particular vehicle.
6.4. The Customer is fully responsible for the correct installation of the tuning software / tuning file on the vehicle and BITCHIP LTD assumes no obligation in the event that the installation cannot be carried out due to circumstances other than a defect in the product itself.
6.5. After downloading, the customer may not return tuning software / tuning file and / or request a refund of the product price. This is without prejudice to the provisions of Article 8 relating to the guarantee.
7. Control and acceptance
7.1. The Customer reserves the right to refuse Products and to cancel all or part of his order if the Products provided by BITCHIP LTD do not comply with the applicable industry standards or practices or if they do not comply with the specific order and/or are not suitable for tuning the vehicle indicated on the delivery note submitted to BITCHIP LTD pursuant to Article 6.1.
7.2. The customer or, where applicable, the person to whom the delivery is made, must check the products on delivery. In the event that the products should be damaged or defective upon delivery or if the order is not in conformity, a description of the alleged damage, defect, non-conformity and / or any other complaint must be made in writing within five years days from delivery of the products.
7.3. If BITCHIP LTD has not received a written complaint from the Customer within five days of delivery of the Products, the Products shall be deemed accepted by the Customer.
8.1. For a period of 1 year from the date of delivery of the product, BITCHIP LTD guarantees that
The products supplied must be of merchantable quality, comply with applicable industry standards and practices and be suitable for the intended uses and purposes of the customer in the normal course of business.
The delivered products must be free of design, material and processing defects.
8.2. However, the warranty granted by BITCHIP LTD only covers the Software. The implementation of the tuning software / tuning file(s) by the customer in the vehicle is at the sole risk of the customer and is therefore excluded from the warranty under Article 8.1.
In particular, BITCHIP LTD does not guarantee that (i) the products meet customer requirements; (ii) it works with other materials, including, but not limited to, electrical, software, software packages, systems or data, including but not limited to input data provided by Customer, not provided by BITCHIP LTD and which Customer wishes to use ;; (iii) that the products function without interruption and without fault, that they are free