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Terms and Conditions FirstECUFiles.com

Terms and Conditions FirstECUFiles.com

THE PRODUCTS OFFERED ON THIS WEBSITE ARE INTENDED FOR PROFESSIONAL VEHICLE TUNERS FOR SALE AND USE ONLY AND ARE NOT SUITABLE FOR A NON-PROFESSIONAL AUDIENCE

1.1. The legal relationship and any agreement between

FirstECUFiles.com

Sportplatzgasse 32b 2443 Leithaprodersdorf Austria

and the Customer are subject exclusively to these terms and conditions, unless otherwise agreed upon in a written agreement.

1.2. The General Terms and Conditions can be found on the website (www.FirstECUFiles.com).

1.3. The General Terms and Conditions apply to each offer from FirstECUFiles.com and to each concluded distance contract between FirstECUFiles.com and the customer who exclusively uses or acquires tuning software/files (the “Products”) for professional purposes, which have been brought to market by FirstECUFiles.com.

1.4. The conditions specified on the website at the time of ordering apply and are valid for that order.

1.5. By ordering or purchasing products from FirstECUFiles.com through the website, the customer confirms that they have read and accepted the General Terms and Conditions. In particular, by purchasing and downloading, configuring, or using the products and their documentation, the customer expressly also accepts the terms of the license agreement, which is fully part of these General Terms and Conditions, and agrees to be bound by this license agreement. In the event of discrepancies between the General Terms and Conditions and the license agreement, the provisions of the license agreement shall prevail.

1.6. FirstECUFiles.com reserves the right to change the General Terms and Conditions at any time.

1.7. Deviations or variations from these terms and conditions do not apply unless expressly agreed upon in writing by FirstECUFiles.com. Deviations from one or more articles of the General Terms and Conditions do not affect the applicability of the other articles of these General Terms and Conditions.

2.1. Due to the highly specific nature of the products, FirstECUFiles.com sells its products B2B only to professional vehicle tuners who are sufficiently trained, skilled, and qualified in tuning a vehicle and can tune a vehicle without additional information, training, or support from third parties.

2.2. By ordering or purchasing products from FirstECUFiles.com, the customer confirms that they are professional car tuner with comprehensive knowledge and training regarding vehicle tuning.

3.1. The information made publicly available by FirstECUFiles.com (e.g., via the website) is of a general nature and is corrected and/or changed. This information itself is not generally adapted to personal or specific circumstances. FirstECUFiles.com reserves the right to change the characteristics of the products at any time if deemed appropriate or necessary or demanded by an authority.

3.2. All offers and products are subject to availability.

3.3. All prices stated on the website are based on the current prices applied by FirstECUFiles.com.

3.4. All prices are in Euro and are exclusive of VAT and any other applicable costs.

3.5. Prices are subject to fluctuations and may be changed by FirstECUFiles.com on its website at any time.

3.6. The price valid at the time of order confirmation applies to that order and will be indicated on the customer’s purchasing account who buys the product.

3.7. FirstECUFiles.com processes orders subject to availability and within the limitations specified in these General Terms and Conditions. FirstECUFiles.com reserves the right to reject orders for legitimate reasons at any time, including but not limited to suspicion of legal abuse or misconduct by the customer.

3.8. The purchase of a product does not include updates made by FirstECUFiles.com to the product. In the event that the customer wishes to receive an update to their software, a new order must be placed and paid for on the website.

4.1. Before ordering a product, each customer must create an account. The customer account is created by completing the registration process and providing FirstECUFiles.com with current, complete, and accurate information as indicated on the registration form for the application. Providing false information (e.g., a fake or non-unique chassis number) may result in FirstECUFiles.com not being able to provide support for a particular project.

4.2. Once the customer account has been created, the customer can purchase products available in the web store. The products purchased here consist of credits that can be used to download the tuning software/files corresponding to the purchased credits. Credits must be paid for according to Article 5.

4.3. The purchased credits are stored on the customer’s purchase account and can be used at any time to download the corresponding products available in the web store. Once a tuning software/file has been downloaded, the available credits will be reduced by the amount corresponding to the downloaded product.

4.4. Purchased credits cannot be canceled or refunded. Any request for a refund will result in immediate exclusion from the website, services, and products.

5.1. The invoice will be sent to the customer after order confirmation and only sent via email.

Customers are required to pay for the products through the online payment providers “PayPal” or Stripe, unless expressly agreed otherwise with FirstECUFiles.com

5.2. FirstECUFiles.com may offer other payment methods in the future. If FirstECUFiles.com uses other payment methods, this will be announced via 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 credit is granted, and the customer can order up to a certain amount of tuning files which will be invoiced afterwards by the invoicing company with reference to the country. All tuning files are charged with 1 credit unless otherwise agreed. This requires a written confirmation from the provider. For the German region, we collaborate with the company Vercauteren Kevin bv , Adolf kervynstraat 4
9030 Mariakerke, Tel .: +32474886408, Email: [email protected]. Invoices for the German region, i.e., Germany, Austria, and Switzerland, are exclusively issued by this company. An agreement exists between the companies for this purpose.

6.1. Downloading a product requires (i) providing FirstECUFiles.com with complete and accurate information about the relevant vehicle according to the corresponding form and (ii) uploading the file containing the information read from the engine control unit of the relevant vehicle.

6.2. After capturing and analyzing the information submitted in accordance with Article 6.1, the corresponding tuning software/file will be made available for download to the customer.

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, FirstECUFiles.com disclaims all warranties and conditions regarding the products, including any warranties of suitability for tuning a particular vehicle.

6.4. The customer is fully responsible for the correct installation of the tuning software/file on the vehicle, and FirstECUFiles.com assumes no obligation in the event that the installation cannot be performed due to circumstances other than a defect in the product itself.

6.5. After downloading, the customer cannot return a tuning software/file and/or request a refund of the product price. This is without prejudice to the provisions of Article 8 regarding the warranty.

7.1. The customer reserves the right to reject products and cancel their order in whole or in part if the products provided by FirstECUFiles.com do not meet 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 FirstECUFiles.com pursuant to Article 6.1.

7.2. The customer or, if applicable, the person to whom delivery is made must inspect the products upon delivery. In the event that the products are damaged or defective upon delivery or if the order is not compliant, a description of the alleged damage, defect, non-conformity, and/or any other complaint must be made in writing within five days of delivery.

7.3. If FirstECUFiles.com does not receive a written complaint from the customer within five days of delivery of the products, the products are considered accepted by the customer.

8.1. For a period of 1 year from the date of delivery of the product, FirstECUFiles.com guarantees that:

The delivered products must be of merchantable quality, conform to 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 from design, material, and workmanship defects.

8.2. However, the warranty granted by FirstECUFiles.com only covers the software. The implementation of the tuning software/files by the customer in the vehicle is done at the customer’s sole risk and is therefore excluded from the warranty under Article 8.1.

In particular, FirstECUFiles.com does not guarantee that (i) the products meet customer requirements; (ii) it works with other materials, especially electronics, software, software packages, systems, or data, including but not limited to input data provided by the customer that are not provided by FirstECUFiles.com and that the customer wishes to use; (iii) that the products operate without interruption and without errors, that they are free