This document is the official public offer of “ECUTools”, the chip tuning and diagnostics equipment online shop, located in the information and telecommunication network of the Internet at the address: https://ecutools.eu (hereinafter - the Online Shop), and contains all the essential terms of the order, sale and delivery of goods to The Customer.
In accordance with para. 2 of art. 437 of the Civil Code of the Russian Federation in case of acceptance of the following conditions and payment for the Goods, the legal entity or natural person who accepts this offer becomes The Customer (in accordance with para. 3 of art. 438 of the Civil Code the acceptance of the offer is equal to the conclusion of the contract on the terms set forth in the offer), and the Online Shop and the Customer jointly are the Parties to the Offer contract.
Due to the facts metioned above, please read carefully the text of this offer and if you do not agree with its terms and conditions, or with any other clause of its terms, the Online Shop offers you to refuse from the conclusion of the offer contract and from the purchase of goods in the Online Shop through the conclusion of a direct contract for the purchase of the goods.
Unless otherwise stated, the terms and definitions used herein have the following meanings:
- The Offer is a public offer for a purchase and sale transaction, in which one party (the Online Shop) undertakes to transfer the goods to the other party (the Customer), and the Customer undertakes to accept the goods and pay a certain amount of money (price) for it.
- The Acceptance of the Offer is in accordance with art. 438 of the Civil Code, full and unconditional acceptance of the Agreement, carried out by Order of the Goods in the Online Shop.
- The Visitor of the Website is a person who came to the website https://ecutools.eu without the purpose of placing the Order.
- The User is a person, visitor of the website, accepting the terms of this Public Offer and wishing to place Orders in “ECUTools”, the chip tuning and diagnostics equipment online shop.
- The Customer is the User who placed the Order in ECUTools, the chip tuning and diagnostics equipment online shop, located in the information and telecommunication network of the Internet at the address: https://ecutools.eu.
- The Seller is ECUTools, the chip tuning and diagnostics equipment online shop.
- The Online Shop is a website owned by ECUTools and located in the information and telecommunication network of the Internet at https://ecutools.eu where the Goods, offered by the Seller for purchase, as well as the terms of payment and delivery of Goods to Customers are presented.
- The Website is https://ecutools.eu;
- The Order is the request of the Customer, made through the Website of the Online shop, for the purchase and delivery of the Goods selected by the Customer to the address specified by them.
- The Goods is the equipment for chip tuning and diagnostics presented in the Online Shop and available for the Order by the Customer.
SUBJECT OF THE CONTRACT
The subject of this Public Offer is the sale of the Goods to the Customer in accordance with the terms of the Offer and the prices indicated at https://ecutools.eu, as well as the payment and acceptance of the Goods by the Customer in accordance with the terms of this Public Offer.
The Public Offer is an official document and is published on the website https://ecutools.eu.
The Online Shop has the right to change the cost of the Goods, the terms of this Public Offer and the supplement to the Public Offer without prior approval by the Customer, ensuring the publication of the changed terms and conditions on the website of the Online Shop at least one day before their entry into force. The cost of the Goods depends on the currency exchange rate, and therefore it can change daily. Changes in the cost come into force from the moment of their publication on the website of the Online Shop. This Public Offer applies to all types of the Goods presented on the Website as long as such offers with description are present in the catalogue of the Online Shop.
ACCEPTANCE OF THE OFFER
The public offer is considered accepted by the User of the Website / the Customer from the moment of placing the Order by the Customer without logging in on the Website.
TERMS AND CONDITIONS OF GOODS PURCHASE
The Online Shop is an information system for searching, ordering and paying for the Goods offered by the Seller by the Customer.
The Seller shall ensure the availability of the Goods in its warehouse. The Goods may also be in the warehouse of the Seller's supplier or partner. The photos accompanying the Goods are mere illustrations and may differ from the actual appearance of the Goods. The descriptions/specifications accompanying the Goods do not claim to be exhaustive and may contain mistypes. To clarify the information on the Goods, the Customer must contact the Seller at the e-mail address specified on the Website: https://ecutools.eu.
In case of absence of the Goods ordered by the Customer in the Seller's warehouse, the Seller has the right to deliver the Goods from the remote warehouse, to agree with the Customer the replacement of the Goods or to exclude the specified Goods from the Order/cancel the Customer's Order notifying the Customer about it by sending the corresponding e-mail message to the address specified by the Customer when placing the Order. When delivering the Goods from the remote warehouse, the previously announced delivery period is increased. The Seller notifies the Customer about it by sending an e-mail message to the address specified by the Customer when placing the Order.
When cancelling a fully or partially prepaid Order, the cost of the cancelled Order is returned by the Seller to the Customer in a manner agreed by the parties.
The status of the Goods “In Stock” means that the Goods are in stock at the Seller's warehouse.
The status of the Goods “In Stock in Remote Warehouse” means that these Goods are not in stock in the city of Vologda and are located in another warehouse of the Seller.
The status of the Goods “Pre-Order” means that the Goods are not in stock neither in the city of Vologda nor in any other warehouse of the Seller. When placing an Order for the Goods with the “Pre-Order” status, the Customer expresses to the Seller a desire to buy the goods after it is received by the Seller. The Seller does not guarantee the arrival of the Goods with the “Pre-Order” status.
The Customer's order is placed in accordance with the procedures specified on the Website in the section “Ordering” at https://ecutools.eu.
The Customer shall be solely responsible for the provision of incorrect information resulting in the failure of the Seller to perform its obligations to the Customer properly.
DELIVERY OF GOODS
Delivery of the Goods to the Customer is carried out in a method, at the address and within the time agreed by the Customer and the Seller at the time of placing the Order, or the Customer picks up the Goods from the Seller's warehouse or the pick-up point it. The information about the delivery methods of the Goods is on the Website of the Online Shop. The delivery method is selected when placing the Order. The Seller, by agreement with the Customer, has the right to change the delivery method with the same time and cost of delivery.
The Customer understands and agrees that: delivery is a separate service that is not an integral part of the Goods purchased by the Customer, the performance of which ends at the time of receipt of the Goods by the Recipient. The cost of delivery is included in the advance payment for the Goods or in cases specified by the Seller, is free of charge.
Delivery of the Goods to the Customer is carried out in different ways depending on the type of the ordered Goods:
- software and other digital goods requiring the use of hardware security, as well as software and hardware systems;
- software and other digital goods, not requiring the use of hardware security, as well as software and hardware systems.
Delivery (activation) of software, that does not require the use of security hardware, software modules, as well as firmware of ECUs and other digital goods is carried out by providing links to the installation software, a file, and/or a special activation code to the email address specified by the Customer when placing the order.
Delivery (activation) of software and other digital goods requiring the use of hardware security, as well as software and hardware systems consists of two stages, and includes:
- Delivery of hardware or physical component of the security system (USB dongle) by sending packages and parcels by postal service or a shipping company specified by the Customer when placing the Order;
- Providing a link to the installation software, file, and/or a special activation code to the e-mail address specified by the Customer when placing the Order.
In some cases, activation can be performed by the manufacturer remotely by registering active licenses on the update server. In such cases, the Customer gets access to the changes after running the software and connecting to the Internet.
Delivery of other equipment that does not have a separate software part is carried out by the method specified by the Customer when placing the Order.
Software, files and activation codes are sent upon the receipt of payment for the Order and activation request containing the data about the device and its owner:
- On working days within 24 hours;
- On weekends and holidays within 48 hours.
Delivery of the Goods is carried out throughout the territory of the CIS countries, as well as throughout the world (Eurasia, North and South America, Australia and Oceania, Africa). At the same time, there may be restrictions on the content, weight and cost of shipments associated with the legislation of a particular country.
Sending packages and parcels from the warehouse directly to the Customer is carried out only on advance payment. For items:
- which are in stock in the city of Vologda, within 24 hours on the next business day after payment confirmation;
- which are in stock at the remote warehouse, within 24-72 hours on the next business day after payment confirmation;
- which are supplied only on pre-order, within 1-3 weeks from the date of receipt of the Order.
Upon the occurrence of force majeure circumstances, the Seller has the right to delay the shipment, about which he undertakes to notify the Customer, until the expiry of the terms specified in clause. 5.9 of this Public Offer.
Shipping of combined Orders consisting of several Goods, in case the Goods are located in different warehouses, part of the required Goods is missing or delivered exclusively on advance payment, by the decision of Seller, can be carried out by several shipments including using different methods. Additional payment in this case is not charged.
After sending the goods, the customer is provided with the tracking number to track the package on the shipping company website.
Until the receipt of the Order, the equipment is the property of the Seller, who bears all the risks associated with the transportation process.
COST OF THE GOODS AND PAYMENT PROCEDURE
The cost of delivery and the cost of the Goods is stated on the Website. In case of incorrect indication of the price of the Goods ordered by the Customer, the Seller informs the Customer about it for confirmation of the Order at the corrected price or cancellation of the Order. If it is impossible to contact the Customer, this Order shall be deemed void. If the Order has been paid, the Seller shall return to the Customer the amount paid for the Order in the way agreed by the parties.
The price of the Goods on the Website can be changed unilaterally by the Seller, as well as in some cases the price changes automatically. At the same time, the price of the Goods ordered by the Customer is not subject to change.
The Customer pays for the Goods in the ways specified on the Website.
The Seller shall deliver the Goods to the Customer only after full advance payment for the Goods. Partial payment is possible upon agreement of the parties in case of supply of the Goods on pre-order with high cost.
The delay in payment for the Goods by the Customer for a period of more than 5 (five) calendar days from the date of the Order is a material breach of this contract. In this case, the Seller has the right to unilaterally refuse to perform this contract by notifying the Customer about it.
The Customer pays all the fees charged by the credit organizations (payment systems) when making the payment.
RETURN OF GOODS AND REFUNDING
Return of the Goods of proper quality:
The Customer has the right to refuse the ordered Goods at any time prior to its receipt and activation. After activation, the Goods are not subject to return.
If the Customer refuses the Goods according to para. 7.1.1. The Seller shall refund the amount of money paid for the Goods, excluding the Seller's expenses related to the delivery of the Goods returned by the Customer, within 10 days from the date of receipt of the returned Goods to the Seller's warehouse together with the return application completed by the Customer.
If at the time of the Customer's request a similar product is neither available in stock in the city of Vologda and at the remote warehouse, nor it is not possible to pre-order it, the Customer has the right to refuse to perform this Public Offer and demand a refund of the amount paid for the specified Goods. The Seller shall refund the sum paid for the returned Goods within 10 days from the date of return of the Goods.
Return of the Goods of improper quality:
Goods of improper quality are goods that are defective and cannot perform their functions. The received Goods must answer the description on the Website. The difference between the design or its elements from the description stated on the Website is not an indication of improper quality.
The exterior and completeness of the Goods, as well as the completeness of the entire Order must be checked by the Customer at the time of delivery of the Goods.
If the Customer has received the Goods of improper quality and it has not been mentioned in advance by the Seller, the Customer has the right to take advantage of the provisions of art. 18 “Consumer rights in case of defect detection” of the Consumer Right Protection Law.
The claim for the refund of the amount paid for the goods shall be satisfied within 10 days from the date of submission of the claim (art. 22 of the Law of the Russian Federation “On Protection of Consumer Rights”).
The amount of money paid for the Goods is refunded in the way agreed by the parties. Refund of funds received by mistake, as well as in case of failure to execute the order, is made on the Customer's application within 1 — 30 working days after approval. Wrong credited funds are refunded without the amount of the transfer fee.
LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
The parties are liable for failure to perform or improper performance of this Public Offer in accordance with the procedure stipulated by this Public Offer and the current legislation of the Russian Federation.
The Seller shall not be liable for damage caused to the Client due to improper use of the Goods purchased in the Online Shop.
The Seller shall not be liable for the delivery of the Order if the Customer has specified the wrong delivery address or contact details.
The Seller shall not be liable for partial or full failure to fulfill the obligations to deliver the Goods if they are a consequence of force majeure circumstances.
The Seller shall not be liable for discrepancies in the availability of the Goods on the Website of the Online Shop and its actual availability in the Seller's warehouse.
The Seller shall notify the Customer about the availability of the Goods at the time of approval of the Order; in case of the Goods absence, the Seller shall offer a replacement or specify approximate terms of receipt of the Goods.
All disputes and disagreements arising in the performance of the obligations by the parties under this Public Offer shall be resolved through negotiations. If it is impossible to eliminate them, the parties have the right to take leagl action.
The parties shall not be held liable for non-performance or improper performance of obligations under the Public Offer for the duration of force majeure. Force majeure is emergency and insuperable circumstances under the given conditions preventing the parties from the performance of their obligations under this Public Offer. These include natural phenomena (earthquakes, floods, etc.), social unrest (military operations, emergency states, major strikes, epidemics, etc.), prohibitive governmental measures (prohibition of transport, currency restrictions, international trade ban sanctions, etc.) and others. During this time, the Parties have no mutual claims, and each Party assumes its own risk of the consequences of force majeure circumstances.
The parties undertake not to transfer to third parties without mutual consent or to use in other ways not stipulated by the terms of the contract, organizational and technological, commercial, financial and other information constituting a trade secret for any Party, provided that: such information has a real or potential commercial value because it is unknown to third parties; such information is not freely accessible legally; the holder of such information shall take appropriate measures to ensure its confidentiality.
PUBLIC OFFER DURATION
This Public Offer comes into force from the moment of its acceptance by the User/Customer, and is valid until the moment of revocation of acceptance of the Public Offer.
OTHER TERMS AND CONDITIONS
The Seller has the right to assign or in any other way transfer his rights and obligations arising from his relations with the Customer to third parties.
The Online Shop and the provided services may be temporarily partially or completely unavailable due to maintenance or other works or for any other technical reasons.
If any of the terms of the Public Offer is declared invalid or illegal, or cannot enter into force in accordance with the current legislation, such shall be removed from the Public Offer and is replaced by a new provision that best meets the original intentions contained in the Public Offer, while the remaining provisions of the Public Offer do not change and remain in force.