Login These Terms and Conditions apply as between you and tuning-x.com, Ecutech
Greece, Sampsountos 4, Giannitsa 58100, Greece, (hereinafter
“tuning-x.com”, “we” or “us”). Your agreement to comply with and be bound
by these terms and conditions is deemed to occur upon your first use of the
website and our online shop.
Introduction
If you place an order for one of our Products through www.tuning-x.com, on
which we present these Terms and Conditions, upon confirmation that such
order is accepted a contract of sale will be executed between you and
tuning-x.com, which will be governed by these Terms and Conditions and
specifically by the Terms of Sale mentioned below.
TERMS OF SALE
These Terms of Sale apply to all offers and contracts relating to the sale
and delivery of Products (including our Bespoke and Customization Services)
(“Product(s)”) by us. In other words, you agree to these Terms of Sale, when
you (i) order any Product from the website, (ii) order any Product at any
web page directly connected to the website or (iii) when you accept an
offer for a Product from us. It is only possible to deviate from these
Terms of Sale if agreed in writing by us.
1. Requirements to conclude a contract
1.1. You have to be 18 years of age or older to buy Products via the
website.
1.2. You can only order on the website if you are a consumer, not a
reseller.
1.3. You guarantee that the information you provide to us in the request
or order is accurate and complete.
2. How is a contract concluded with you?
2.1. The following applies to all types of Products. All information on
the website is an invitation to purchase only. You agree that your order is
an offer to purchase the Products listed in your order.
2.2. All orders submitted by you are subject to acceptance by us. We are
entitled to verify an order in advance at all times and/or to refuse to
accept an order without providing reasons and with no liability to you or
any third parties. If we do not confirm acceptance of your order within ten
working days, it is deemed to have been refused.
2.3. We may choose not to accept your order at our own discretion.
Examples of when we may not accept your order are as follows:
2.3.1. If Product(s) are shown on the website but are not or no longer
available;
2.3.2. If we are unable to obtain authorization of your payment;
2.3.3. If Product(s) shown on the website contain a (manifest) error such
as being incorrectly priced or otherwise incorrectly described or shown;
2.3.4. If we are unable to process your order due to technical reasons;
2.3.5. If we know or reasonably suspect an order was made with the
assistance or involvement of any software, robot, crawler, spider or other
automated means or device.
2.3.6. In the event that we do not accept (part of) your order, we shall be
entitled to cancel (part of) your order without incurring any liability
towards you or a third party. Following the cancellation, we will of course
provide you with a refund for the amount paid to us under the cancelled
(part of the) order.
2.4. We reserve the right to cancel your order after the creation of the
contract of sale, thereby terminating the contract of sale, for the reasons
stipulated in this Agreement. Following the cancellation, we will of course
provide you with a refund for the amount paid to us order.
2.5. After your order has been placed, we will send you an order
acknowledgement email with your order number and details of the Products
you have offered to purchase and details of any delivery services.
Acceptance of your order and the formation of a contract of sale of the
Products between you and us will not take place unless and until you
receive a confirmation from us that the Products have been shipped to you
from our warehouse.
3. Bespoke and Customization Services
3.1. When you upload files,
3.1.1. you irrevocably and unconditionally represent and warrant that any
of your content or data in the files (“content”) complies with our Privacy
Policy, with Greek Law 4624/2019 and the EU`s General Data Protection
Regulation (GDPR) and any other applicable laws.
3.2. You are fully responsible for your content uploaded. We will not be
responsible, or liable to any third party, for:
3.2.1. the content or accuracy of any content uploaded by you; or
3.2.2. the loss of any content provided to us by you. You should keep a
record of all such content.
3.3. We will only use the content uploaded by you for the purposes of
carrying out the Bespoke and Customization Services.
3.4. We will not otherwise disclose or distribute the content uploaded
by you, save for when required by law, a court of competent jurisdiction or
any governmental or regulatory authority.
3.5. By uploading your content or making content accessible to us you
3.5.1. represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to
host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive,
store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such content for
the purpose of providing our Bespoke and Customization Services to you.
3.5.2. agree that you grant us a royalty-free and non-exclusive license to
use, reproduce, publish, and display such intellectual property rights for
the purposes of performing the Bespoke and Customization Services.
3.5.3. acknowledge that
3.5.3.1. we do not assert any ownership over your content.
3.5.3.2. you retain full ownership of all of your content and
any intellectual property rights, or other proprietary rights associated
with your content.
3.5.3.3. you are solely responsible for your content, and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your content.
3.6. When placing the order, you confirm your requirements and
specifications for your Bespoke and Customization Services and that you
have reviewed the order.
3.7. By indicating acceptance of the order and making payment, you
authorise us to begin production of the Bespoke and Customization Services
and to charge you for the order. Following such charge, no changes may be
made to a custom order.
3.8. Once the order is confirmed by us, we do not allow alterations to
your requirements specifications, nor do we permit refunds to be given in
the event that these terms were overlooked and blindly agreed to.
3.9. tuning-x.com is not responsible for any errors in the final Bespoke
and Customization Services caused by information provided by you (including
requirements, specifications, colours, material and finish selections).
3.10. Because our Bespoke and Customization Services
are Custom Made or Customized to your Specifications (“Bespoke”),
we do not accept returns, and no refunds or exchanges are available.
Notwithstanding the foregoing, if within 72 hours of you receiving your
file, you discover material defects, you may contact us for verification;
if we determine in our sole discretion that an item is indeed defective, we
will offer an equitable resolution of the matter.
4. Retention of title
All Products (including our Bespoke and Customization Services) will remain
the property of tuning-x.com until you have paid all amounts owed to us in
full under any agreement, including the payment of costs, earlier or later
deliveries or partial deliveries. You may not sell, dispose of or encumber
any Product before full title thereof has passed to you.
5. Price
5.1. The stated prices include VAT, if applicable. tuning-x.com
reserves the right to make price changes prior to an order placed by you.
5.2. We reserve the right to change, limit or terminate any special
offers or discounts at any time.
5.3. We may charge delivery costs. The delivery costs vary for each
Product and type of delivery.
6. Methods of payment
6.1. Please check the checkout of the website for information on
available payment methods.
6.2. tuning-x.com reserves the right to conduct an individual credit
check for each order. Depending on the results of this check, tuning-x.com
reserves the right to refuse certain methods of payment.
7. Invoicing
Where we elect, or are required by applicable law, to issue or make
available an invoice, we reserve the right to issue or make available
electronic invoices and you agree to such form of invoicing.
8. Chargebacks
You agree to contact tuning-x.com prior to raising a request for a
chargeback or any dispute with your bank or card issuer in relation to any
Transaction. If you make a card payment through eshop.tuning-x.com, and
later dispute a legitimate charge by raising a chargeback without merit or
legitimate reason (as determined at our sole discretion), whether
fraudulently or otherwise, then we reserve the right to blacklist you by
providing compelling evidence to refute your invalid chargeback request and
or pursue legal action as the case may be.
TERMS OF USE
These Terms of Use apply to your access to and use of the website. Your
access to and use of the website and the information, materials, products,
and services available through the website are subject to these Terms of
Use, regardless of whether you possess an account through the website
linked to your name and/or contact information (“Account”). Please read
these Terms and of Use carefully before using the website. If you choose to
continue to use or access the website after having the opportunity to read
these Terms of Use, you agree to these Terms of Use. If you do not agree to
be bound by these terms of use, do not access, or use the website.
1. Changes to these Terms of Use
1.1. We may make changes to these Terms of Use at any time if we
believe it is reasonably necessary to do so (including for security, legal
or regulatory reasons). We will give you as much advance notice of this as
is reasonably possible (and may do so by communicating the changes to you
either when you log in to the website or by sending you notice using the
contact information that you have provided to us and/or by any other means
we think is appropriate).
1.2. Your continued use of the website will constitute your acceptance
of any new or amended terms and/or updates.
2. Copyright and ownership
2.1. All of the content featured or displayed on the website, including
but not limited to text, graphics, photographs, images, moving images,
sound, and illustrations protected by intellectual property law other than
User-Provided Content (together “Content”), is owned by tuning-x.com, its
licensors, vendors, agents, and/or its Content providers.
2.2. You must not use the website or any Content other than for its
intended purpose. Except where we tell you otherwise on the website, you
may view, play, print, and download documents, audio, and video found on
the website for personal, informational, and non-commercial purposes only.
2.3. You must not modify any of the materials and you must not copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information or work contained
on the website.
2.4. Except as authorised under applicable copyright law, you are
responsible for obtaining permission before reusing any copyrighted
material that is available on the website. For purposes of these Terms of
Use, the use of any such material on any other mobile application, website,
or online service is prohibited.
2.5. You are responsible for complying with all laws which apply to you
and your use of the website. The website, its Content, and all related
rights shall remain the exclusive property of tuning-x.com or its licensors
unless otherwise expressly agreed. You will not remove any copyright,
trademark, or other proprietary notices from material found on the website.
3. Accuracy of information
We attempt to ensure that information on the website is complete, accurate,
and current. Despite our efforts this may not always be the case. Please
note that we are not required to maintain or update any such information.
You should not rely on any such information and any reliance on any such
information is at your own risk.
4. Your provision of information
When you provide information about yourself to us or to other users of the
website, including when you create an Account, you agree to: (a) provide
accurate and current information, and not to provide information that
attempts to impersonate another individual; and (b) maintain and promptly
update such information to keep it accurate and current. If you provide any
information about yourself that is untrue or inaccurate, or we have
reasonable grounds to suspect that such information is untrue or
inaccurate, we retain the right to suspend or terminate any account you
establish, decline to provide you with services on the website, and/or
refuse any or all current or future use of the website or any portion
thereof.
5. Your conduct
5.1. You agree to comply with all laws, rules, and regulations
applicable to your access to and use of the website. In addition, you agree
not to:
5.1.1. upload, post, transmit, publish, display, or otherwise make
available through the website any User-Provided Content that is known by you
to be false, inaccurate, or misleading;
5.1.2. upload, post, transmit, publish, display, or otherwise make
available through the website any User-Provided Content that violates any
law, statute, ordinance, or regulation (including, but not limited to,
those governing export control, consumer protection, unfair competition,
anti-discrimination, or false advertising);
5.1.3. upload, post, transmit, publish, display, or otherwise make
available through the website any User-Provided Content that is, or may
reasonably be considered to be, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another’s
privacy, hateful, or racially, ethnically, or otherwise objectionable, or
that harms minors in any way;
5.1.4. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any User-Provided Content transmitted through the
website;
5.1.5. upload, post, transmit, publish, display, or otherwise make
available through the website any User-Provided Content that you do not have
a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, or proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
5.1.6. upload, post, transmit, publish, display, or otherwise make
available through the website any User-Provided Content that infringes any
patent, trademark, trade secret, copyright, right of publicity, or other
right of any party;
5.1.7. upload, post, transmit, publish, display, or otherwise make
available through the website any unsolicited or unauthorized advertising,
promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid
schemes,” or any other form of solicitation;
5.1.8. upload, post, transmit, publish, display, or otherwise make
available through the website any material that contains software viruses or
any other computer code, files, or programs designed to interrupt, destroy,
or limit the functionality of any computer software or hardware or
telecommunications equipment;
5.1.9. take any action that interferes with the proper working of the
website, compromises the security of the website, or otherwise damages the
website or any materials or information available through the website;
5.1.10. attempt to gain unauthorized access to any portion or feature
of the website, to any other systems or networks connected to the website,
to any of our or our service providers’ servers, or to any of the services
offered on or through the website, including but not limited to by hacking,
password “mining”, or any other unauthorized means;
5.1.11. probe, scan, or test the vulnerability of the website or any
network connected to the website or bypass the authentication measures on
the website or any network connected to the website;
5.1.12. use any automated means to collect information or Content from
or otherwise access the website, including, but not limited to, through the
use of technical tools known as robots, spiders, or scrapers, without our
prior permission;
5.1.13. harvest or otherwise collect and store information about other
users of the website, including e-mail addresses;
5.1.14. install any software, file, or code that is not authorised by
the user of a computer or device or that assumes control of all or any part
of the processing performed by a computer or device without the
authorization of the user of the computer or device; or
5.1.15. interfere with or disrupt the operation of the website or
server networks connected to the website, or disobey any requirements,
procedures, policies, or regulations of networks connected to the website.
6. Registration and passwords
You may be permitted or required to register or obtain a login ID and
password prior to being provided with access to certain pages on the
website. You acknowledge and agree that you are responsible for maintaining
the confidentiality of your login ID and password, and for all uses of your
login ID, password, and/or account, whether authorised by you or not. You
agree to notify us immediately of any unauthorized use of your login ID,
password, or account, or any other breach of security involving access to
the website through your account. You acknowledge that you may be held
liable for any loss or harm incurred by us or any other person or entity
due to someone else using your login ID, password, or account as a result
of your failing to take reasonable steps to keep your account information
secure and confidential.
7.
Operation of the website and termination of this agreement
We reserve the right to do any of the following, at any time, at our sole
discretion, with or without notice: (i) modify, suspend, or terminate
operation of or your access to the website, or any portion of the website,
or the agreement between you and us under these Terms of Use, for any
reason including but not limited to for your violation of these Terms of
Use; (ii) modify or change the website, or any portion of the website;
(iii) interrupt the regular operation of the website, or any portion of the
website, as necessary to perform routine or non-routine maintenance, to
correct errors, or to make other changes to the website required for, inter
alia, changes to the technical environment or functionalities, changes in
the number of users or improvements to the services.
8. Access to the website
8.1. Neither tuning-x.com, nor any of its respective affiliates
guarantee that the functions contained on the website will be uninterrupted
or error-free or that defects will be corrected.
8.2. We may suspend, withdraw, discontinue or change all or any part of
the website without notice.
9.
Our responsibility for loss or damage suffered by you
9.1. We are responsible to you for foreseeable loss and damage caused
by us. If we fail to comply with these terms, we are responsible for loss
or damage you suffer that is a foreseeable result of our breaking these
terms or our failing to use reasonable care and skill, but we are not
responsible for any loss or damage that is not foreseeable. Loss or damage
is foreseeable if either it is obvious that it will happen or if, at the
time you accepted these terms, both we and you knew it might happen.
9.2. We do not exclude or limit in any way our liability to you where
it would be unlawful to do so. This includes liability for death or
personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors or for fraud or fraudulent
misrepresentation.
9.3. The website is for domestic and private use. If you use the
website for any commercial, business or resale purpose we will have no
liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
10.
Even if we delay in enforcing this contract, we can still enforce it
later
If we do not insist immediately that you do anything you are required to do
under these terms, or if we delay in taking steps against you in respect of
your breaking this contract, that will not mean that you do not have to do
those things and it will not prevent us taking steps against you at a later
date.
11. Miscellaneous
11.1. In case of contradiction between tuning-x.com
Terms and Conditions and any content contained in other parts of the
website or in links, tuning-x.com Terms and Conditions contained in this
document prevail.
11.2. We reserve the right to make changes to these
Terms and Conditions at any time.
11.3. The use of this website as well as any purchase
agreement executed between you and us, will be subject to the version of
these Terms and Conditions in force at the time you place the order through
this website or the day you browse this website (as applicable).
11.4. Please check these Terms and Conditions
periodically for changes.
12. Data protection
tuning-x.com fully respects the privacy of individuals who access and use
the website. Your personal data will be collected and used to fulfil
necessary contractual obligations outlined in these Terms and Conditions.
For details on the manner in which we use cookies, the type of information
we collect, how and for what purpose, we use your information and under
what circumstances we disclose information please see our Privacy Policy.
13. Sub-contracting and assignment
tuning-x.com reserves the right to sub-contract, transfer, assign or novate
all or any of our rights and obligations under these Terms provided that
your rights under these Terms are not affected. You may not sub-contract,
assign or otherwise transfer any of your rights or obligations under these
terms and conditions without our consent in writing.
14. Events beyond reasonable control
tuning-x.com will be not held responsible for any delay or failure to
perform or comply with our obligations under these terms and conditions
when the delay or failure arises from any cause which is beyond
tuning-x.com’ reasonable control.
15. Severance
Each provision of these Terms and
Conditions shall be construed separately and independently of each other.
If any provision is deemed invalid, void or otherwise unenforceable, that
provision shall be deemed severable from and shall not affect the
enforceability of any of the other provisions of these Terms.
16. Applicable law and jurisdiction
These Terms shall be governed by the laws of Greece and tuning-x.com and
you agree to submit to the exclusive jurisdiction of the Courts of
Giannitsa.