ARTICLE 1: DEFINITIONS, WEBSITE AND IDENTIFICATION
Seller of the limited company PYA AUTOMOTIVE S.L.
Customer: the professional natural or legal person who purchases files offered for sale by the Seller via his website WWW.ECULIMIT.COM as part of his professional activity
Order: the act by which a Customer asks the Seller to deliver files to him at the price indicated on the website WWW.ECULIMIT.COM
Product (s): files offered by the Seller on the website WWW.ECULIMIT.COM to the Customer
The website WWW.ECULIMIT.COM is operated by the limited company PYA AUTOMOTIVE S.L. and is available in English language.
Identification of the company of the company PYA AUTOMOTIVE SL
PYA AUTOMOTIVE S.L. is a public limited company incorporated under Spain law which is registered at address MESTRE MANUEL GONZÁLEZ, 30 – 15885 VEDRA (LA CORUNA) and registered with VAT number B06937346.
ARTICLE 2: GENERAL TERMS
The legal relationship and each agreement between PYA AUTOMOTIVE SL and the client are exclusively governed by these terms and conditions, unless agreed otherwise in a written agreement.
The terms and conditions are available on the website (www.eculimit.com).
The terms and conditions are applicable to every offer of PYA AUTOMOTIVE SL and for every concluded distance contract between PYA AUTOMOTIVE SL and the client who, exclusively for professional purposes, uses or acquires tuning softwares/tuning files (the ‘Products’) which were brought on the market by PYA AUTOMOTIVE SL.
The terms and conditions that are mentioned on the website at the moment of the order, apply and are deemed to apply on that order.
By ordering or buying Products of PYA AUTOMOTIVE SL, using the website, the client confirms that he or she has read the general terms and conditions and accepted them. In particular, by purchasing and downloading, configuring or using the Products and its documentation, the client also explicitly accepts the terms of the License Agreement, which forms fully part of these terms & conditions, and agrees to be bound by this License Agreement. In case of any inconsistency between the terms & conditions and the License Agreement, the stipulations of the License Agreement will prevail.
PYA AUTOMOTIVE SL reserves the rights to modify the terms and conditions at any moment.
Any variations or derogations to these terms and conditions shall be inapplicable unless agreed in writing by PYA AUTOMOTIVE SL. Derogations to one or more articles of the General terms and conditions will not affect the applicability of the other articles of those same general terms and conditions.
ARTICLE 3: INFORMATIONS
The information that is made publicly available by Empresa (e.g. through the website) is general by nature and submitted to corrections and/or changes. That information itself is by principle not adapted to personal or specific circumstances. Empresa reserves the right to modify the characteristics of the Products at any moment, as it deems appropriate or necessary or as may required by any authority.
ARTICLE 4: ORDERS AND PRODUCTS
All Orders are made exclusively via the internet on the site WWW.ECULIMIT.COM.
PYA AUTOMOTIVE SL processes orders subject to availability and within the limitations as provided in this general terms and conditions. PYA AUTOMOTIVE SL maintains its right to refuse orders at all time for legitimate reasons, including but not limited to, when it has a serious suspicion of abuse of law or misconduct by the client.
The buying of a product does not comprise the updates made on the product by PYA AUTOMOTIVE SL. In the event the client wishes to receive an update on its software, a new order needs to be made and paid on the website.
All offers and Products are subject to availability.
Orders are processed in the order in which their payment is validated by the payment service indicated on the website.
Any complaint formulated outside a period of 3 working days from delivery may be rejected by the Seller. The absence of complaints and / or the non-issuance of reservations by the Customer upon delivery, mean that the delivered Product has been received in satisfactory condition and cannot be the subject of any subsequent dispute (excluding guarantees legal for non-conformity and / or hidden defect of the product).
Delivery times will be within three days of the validation of the payment by the payment service indicated on the website, the Product is sent to the Customer.
The Products must be delivered to the delivery address indicated by the Customer when entering information during the Order. Consequently, the Seller draws the Customer’s attention to the accuracy of the information provided concerning the delivery of his Order. The delivery does not include the installation or the commissioning of the ordered Product, nor the return of old equipment. In the event that delivery is impossible because it contravenes the national regulations of the country in which the delivery address indicated by the Customer is located and / or any other international regulations that may be applicable, the Customer will be solely responsible for this situation, the Customer will not be able to claim any reimbursement on this account.
ARTICLE 5: PRICES
All prices indicated on the website are based on the current prices that PYA AUTOMOTIVE SL applies.
All prices are in Euro and are indicated in euros excluding VAT and excluding participation in warranty costs and additional services and are valid as long as they are present on the product description sheet
The prices can be subject to fluctuations and can be modified at all time by PYA AUTOMOTIVE SL on its website.
The price valid at the time of the confirmation of the order shall apply to such order and shall be set forth in the purchase account of the customer buying the Product
ARTICLE 6: PAYMENT
Customers are obligated to pay the Products using the online payment provider “Paypal” or BY Credit card (VISA, Mastercard) unless explicitly agreed otherwise with PYA AUTOMOTIVE SL.
PYA AUTOMOTIVE SL may offer other payment methods in the future. If PYA AUTOMOTIVE SL decides to use other payment methods, this will be announced through the website.
The invoice will be delivered to the customer upon confirmation of the order and will be sent only by email.
ARTICLE 7 DELIVERY, CONTROL AND ACEPTANCE.
The Customer is solely responsible for compliance with the national regulations of the country in which the delivery address indicated by the Customer is located and / or any other international regulations that may apply.
Downloading a Product requires to (i) provide PYA AUTOMOTIVE SL with complete and accurate information over the vehicle to be tuned as prompted by the applicable form and (ii) upload the file containing the information read from the engine control unit of the relevant vehicle
After collection and analysis of the information submitted pursuant to article 7.2, the relevant tuning software/tuning file will be made available to download for the customer.
The warranty given on the Products shall be subject to the customer providing correct and complete information on the vehicle to be tuned. In case of any wrong, inaccurate or incomplete information, PYA AUTOMOTIVE SL disclaims all warranties and conditions regarding to the Products including all warranties of fitness for tuning a specific vehicle.
The customer is fully responsible for the correct installation of the tuning software/tuning file on the vehicle and PYA AUTOMOTIVE SL assumes no obligation in case the installation cannot be performed due to any circumstances other than a defect to the Product itself.
Once downloaded, the customer will not be able to return any tuning software/tuning file and/or to claim any refund of the price of the Product. This is without prejudice to the provisions of article 8 in relation with the warranty.
The clients, or where relevant, the person to whom the delivery is made, must inspect the Products upon delivery. In the event the Products are alleged to be damaged or defective upon delivery or in event of non-conformity with the order, a description of the alleged damage, defect, non-conformity and/or any other complaint must be given in writing within five days from delivery of the Products
The client reserves the right to refuse any Products and to cancel all or any part of its order if the Products provided by PYA AUTOMOTIVE SL do not conform to the applicable industry standards or practices or if they do not conform with the specific order and/or are not fit for tuning the vehicle specified in the delivery note submitted to PYA AUTOMOTIVE SL pursuant to article 7.2
In the event PYA AUTOMOTIVE SL did not receive any complaint in writing within five days from delivery of the products from the client, the products are deemed to be accepted by the client. The absence of complaints and / or the non-issuance of reservations by the Customer upon delivery, mean that the delivered Product has been received in satisfactory condition and cannot be the subject of any subsequent dispute (excluding guarantees legal for non-conformity and / or hidden defect of the product).
ARTICLE 8 PRODUCT GUARANTEES
For a term of 1 year from the date of delivery of the Product PYA AUTOMOTIVE SL warrants that:
the products supplied shall be of merchantable quality, conform to applicable industry standards and practices and shall be suitable for the clients intended uses and purposes in the ordinary course of business.
the products supplied shall be free from defects in design, material and workmanship
However, the warranty provided by PYA AUTOMOTIVE SL comprises only the software. The implementation of the tuning software/tuning file(s) by the client in the vehicle is at the sole risk of the client and is therefore excluded from the warranty as stipulated under article 8.1
More specifically, PYA AUTOMOTIVE SL does not guarantee that
The Products will meet the client’s needs.
It will work with other materials, especially electrical, software, software packages, systems or data, including, but not limited to, input data that the client will provide, not being provided by PYA AUTOMOTIVE SL and that the client decides to use.
That the Products will operate without interruption and without error, that it is free from errors, complete, and / or up to date.
The customer agrees that it will not make any representation nor give any warranties to the owner of a vehicle tuned other than those in relation with the Product itself.
ARTICLE 9 LIABILITY AND LIMITATION OF LIABILITY
PYA AUTOMOTIVE SL can only be held liable in case of personal injuries or gross negligence and/or intentional misconduct.
The client acknowledges and accepts to assume the full cost of damages resulting from information contained in or collected by the software.
The client acknowledges and accepts that PYA AUTOMOTIVE SL can never be held liable for any indirect, incidental, consequential or similar damages or losses incurred by the client, such as financial and commercial prejudice, loss of profit, loss of sales, increased costs and overhead, loss of clientele or image, report or disruption in the planning of the client’s activity, loss of data, files, or any computer programs and that may result from the use or inability to use the Products. Any claim from a third party against the client, is considered to be indirect damage and shall therefore not give rise to any compensation.
Without prejudice to mandatory statutory provisions, PYA AUTOMOTIVE SL’s liability will be always limited to the price of the relevant software/credit(s) purchased from the server. In no event shall PYA AUTOMOTIVE SL be liable for any damages due to the owner of a vehicle tuned by the customer.
Moreover PYA AUTOMOTIVE SL can not be held liable for:
Damages caused by incompetent use of the products or use for a purpose other than that for which they are suitable by objective standards;
Damages caused by materials or services provided by third parties, without prior written consent of PYA AUTOMOTIVE SL;
Any (in)direct damages and/or costs resulting form, without limitation, improper actions, carelessness, negligence, misconduct, and/or non-proper use and/or maintenance of the products by the client;
Normal wear and tear of the products;
Any claims from customers of the client as a result of non-fulfillment of the pre-contractual information obligation for which the client is responsible;
Damages caused by an event of Force Majeure as defined in article 10.
The client shall indemnify PYA AUTOMOTIVE SL against all liabilities, costs, expenses, damages and losses suffered or incurred as a result of or in connection with any claim made against any of them by a third party where such claim arises out of or in connection with the supply of the Products, to the extent that such claim is attributable to the acts or omissions of one of the clients or one of their employees, agents or subcontractors.
ARTICLE 10 FORCE MAJEURE
PYA AUTOMOTIVE SL has no responsibility to customers for non-compliance or delay in compliance with any obligation to the extent that compliance is prevented by force majeure. For the purposes of this contract, ‘Force Majeure’ will be understood as: any circumstance that PYA AUTOMOTIVE SL could not have taken into account at the time of closing the contract and for which the normal performance of the contract could not reasonably be expected by PYA AUTOMOTIVE. SL, such as war, threat of war, regardless of whether Spain is directly or indirectly involved, total or partial mobilization, state of emergency, revolt, sabotage, floods, fire or other destruction and damage to factories or warehouses, exclusions, lockouts of companies, labor strikes, breakage of machines or tools or other damages in PYA AUTOMOTIVE SL or in companies where PYA AUTOMOTIVE SL makes use of products, merchandise or other devices or where PYA AUTOMOTIVE SL provides services, restrictions of public authority or public measures of all kinds, levies due to unfavorable weather conditions, shortage of means of transport, restrictions or levies on the production and / or supply of products, commodities or excipients, fuels and / or energy.
ARTICLE 11 INTELLECTUAL PROPERTY RIGHTS
The Products, services, content and all parts of the Company website (including all trademarks, logos, designs, drawings, data, products and / or company names, texts, images, software, etc.) are protected by Intellectual property rights (that is, copyright and trademarks) owned by the Company or third parties authorized by the Company. The client has no right, for any reason, to modify, copy, distribute, send, re-offer, reproduce, publish, assign under license, transfer or sell to create derivative works of the aforementioned elements, any information or certain content. The supply of products or services by the Company does not imply assignment or transfer of its intellectual property rights. It is not permitted, for any reason, to establish an automatic link between the Company website and another website or any link that automatically returns to the Company website, without the consent of the Company.
In particular, the software offered by the Company remains the exclusive property of the Company and the use of the software will be subject to the terms set forth in the License Agreement, which constitutes an integral part of these terms and conditions. Upon termination of use of the software, the customer will destroy all software applications, along with related documentation and manuals. The client agrees to maintain the confidentiality of the software.
Any breach of the Company’s intellectual property rights may give rise to civil and criminal proceedings in accordance with applicable Spanish legislation.
ARTICLE 12 USE OF PRODUCTS
The Customer acknowledges, in his capacity as a professional, being fully informed that the Products sold by the Seller are intended to be installed by professionals, respecting the installation and programming procedures specific to each Product, and are reserved for vehicles intended for to be used exclusively on the racetrack
ARTICLE 13 IMPACT OF A PRODUCT ON THE VEHICLE CHARACTERISTICS
The Customer acknowledges being fully informed of the fact that the use of a Product on a vehicle may have the consequences of modifying the technical characteristics of the vehicle which may, in particular, alter the behavior, the impact on the environment or the duration. life of the vehicle or its components.
ARTICLE 14 SELLER’S LIABILITY EXCLUSIONS
The Seller’s liability cannot be called into question if the use of a Product is contrary to the recommendations of the manufacturer of said Product, to the assembly instructions or to the information mentioned in the documentation provided or appearing on the Product. The Seller’s liability cannot be questioned if the use of a Product is abnormal or contrary to the regulations applicable in the territory where the vehicle in which the Product acquired by the Customer is installed is traveling. The Seller cannot be held liable by the Customer for any damage resulting from the modification of the vehicle in which a Product is installed, in particular in the event of damage to the vehicle itself and damage to third parties. The Seller cannot be held liable by the Customer in the event of – improper use of the vehicle in which the Product is installed; The Seller cannot be held liable by the Customer for defects in the Products sold such as viruses or malfunctions of software linked to a Product; The Seller cannot be held liable by the Customer in the event of modifications made to the vehicle after or prior to the installation of the Product in the vehicle; The Seller cannot be held liable by the Customer for modification of the Product by the Customer or a third party. The Seller cannot be held liable by the Customer for defects in the Products sold such as viruses or malfunctions of software linked to a Product; The Seller cannot be held liable by the Customer in the event of modifications made to the vehicle after or prior to the installation of the Product in the vehicle; The Seller cannot be held liable by the Customer for modification of the Product by the Customer or a third party. The Seller cannot be held liable by the Customer for defects in the Products sold such as viruses or malfunctions of software linked to a Product; The Seller cannot be held liable by the Customer in the event of modifications made to the vehicle after or prior to the installation of the Product in the vehicle; The Seller cannot be held liable by the Customer for modification of the Product by the Customer or a third party.
ARTICLE 15 LEGAL AND JURISDICTIONAL JURISDICTION
These general conditions are subject to Spain law. Any dispute, for lack of amicable settlement, to which these general conditions may give rise, particularly concerning their interpretation or execution, falls under the exclusive jurisdiction of the courts of Spain.