GENERAL TERMS AND CONDITIONS OF SALE

1. Application

1.1 These General Terms and Conditions of Sale (hereinafter: “GTC”) shall apply to all sales contracts concluded between Foda Motorsports Limited (hereinafter: “RaceChip”) and you as customer if you are a consumer.

1.2 Consumer, as defined in Sec. 13 German Civil Code (Bürgerliches Gesetzbuch), means any individual who concludes a legal transaction for purposes that do not primarily relate to such individual’s commercial or independent professional activities.

2. Formation of contract

2.1 Sales contracts between you and RaceChip can be concluded via the RaceChip online shop, the online selling platforms eBay and Amazon or by telephone.

2.2 Formation of contract via the RaceChip online shop

  1. The presentation of goods in the RaceChip online shop does not constitute a binding offer.
  2. When you place a purchase order by clicking the “Buy Now” button, you make a binding purchase offer. RaceChip will send you an automatic order confirmation by email in which the purchase order is documented once more. This automatic order confirmation merely confirms that your purchase order has been received by RaceChip; it does not constitute acceptance of your offer.
  3. The contract is only concluded when RaceChip confirms the dispatch of the goods by separate email or when the goods are actually dispatched.
  4. If the goods that you have ordered cannot be supplied, for example, because they are not on stock, RaceChip will not accept your offer. In this case, no contract will be concluded. RaceChip will so advise you without undue delay and refund any payment already received without undue delay.
  5. Foda Motorsports Limited guarantees RaceChip products for a period of two years after the date of purchase. If any defect due to faulty materials and workmanship occurs within this two-year guarantee period. Foda Motorsports Limited will upgrade or replace the product at its expense.
  6. The guarantee is not valid including but not limited to the following:
    • (except installing by Foda Motorsports Limited) incorrect or improper installation (e.g. if the product or cable harness is laid in the area under great thermal stress, such as at the manifold or along the motor block, resulting in damage caused by melting);
    • improper use or operation of the product contrary to the Warranter’s specifications (e.g. rotary switch settings that have not been approved by the Warranter);
    • Changes performed to the product or unauthorized repair attempts without the Warranter’s prior approval;
    • external damage, in a particular accident in road traffic (i.e. a sudden event in road traffic resulting in a typical risk of damage caused in traffic), or damage caused by car wash, animals, etc.;
    • force majeure or exceptional/extreme natural events, such as floods, natural disasters, etc.

      • **(Except for the product(s) care) installation, uninstallation, reinstallation, and OBD2 diagnose are subject to service charges

2.3 Formation of contract via the online selling platform eBay

  1. RaceChip uses solely the “Buy It Now” format when offering goods on the online selling platform eBay. The placement of a product on eBay using the “Buy It Now” format constitutes a binding offer by RaceChip to enter into a sales contract.
  2. When you click the “Buy” button, a legally binding sales contract is concluded between you and RaceChip. RaceChip will additionally inform you of the formation of the contract by separate email.

2.4 Formation of contract via the online selling platform Amazon

  1. By offering goods via the online platform Amazon, RaceChip makes a binding offer.
  2. When you click the “Buy Now” button, a legally binding sales contract is concluded between you and RaceChip.

2.5 Formation of contract by telephone

A sales contract between you and RaceChip can also be concluded by telephone. In this case, you make the offer to enter into a sales contract. Upon acceptance of your offer by RaceChip, a legally binding sales contract is concluded between you and RaceChip.

3. Right of withdrawal

3.1 As a consumer you have the following right of withdrawal when making a purchase via the RaceChip online shop, the online selling platforms eBay and Amazon or by telephone.

– Withdrawal instructions –

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving a reason. The withdrawal period shall be fourteen days from the day on which you, or a third party designated by you who is not a forwarding agent, take(s) possession of the goods.

To exercise your right of withdrawal, you must inform us

Foda Motorsports

Workshop 3, G/F, TCL Tower,
8 Tai Chung Road,
Tsuen Wan, N.T.,
Hong Kong

Phone: +852 6282 7537 / +852 5198 9927

Email: info@fodamotorsports.com

of your decision to withdraw from the contract by providing us with a clear notice to this effect (e.g. a letter sent by post, a fax or an email). You can, but do not have to, use the attached sample withdrawal form for this purpose.

The deadline for withdrawal is met if you dispatch the notice informing us that you exercise your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we are obliged to return to you all payments that we received from you, including the shipping costs (with the exception of any additional costs incurred by us as a result of you choosing a manner of shipment other than the inexpensive standard shipment offered by us), without undue delay and in any case within fourteen days of the day of receipt of your notice of withdrawal from this contract by us. We will make the refund using the same payment method that you already used for the original payment transaction, unless expressly otherwise agreed with you; under no circumstances will we charge a fee to you for this refund.

We may refuse to return your payment until we receive the returned goods or, if earlier, until you prove to us that you have sent the goods back.

You must send the goods back, or hand them over, to us without undue delay and in any case within fourteen days of the day on which you give us notice of your withdrawal from this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period.

You will have to bear the direct cost of sending the goods back.

You must only compensate us for a reduction in the value of the goods if the loss of value is due to the goods having been handled or used in a manner or to an extent that goes beyond what is necessary to examine the quality, properties and functionality of the goods.

Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and send it back to us.)

Foda Motorsports

Workshop 3, G/F, TCL Tower,
8 Tai Chung Road,
Tsuen Wan, N.T.,
Hong Kong

Phone: +852 6282 7537 / +852 5198 9927

Email: info@fodamotorsports.com

  • I/We (*) hereby withdraw from the contract concluded by me/us (*) regarding the purchase of the following goods (*)/the provision of the following service (*)
  • Ordered on (*)/Received on (*)
  • Consumer’s/Consumers’ name(s)
  • Consumer’s/Consumers’ address(es)
  • Consumer’s/Consumers’ signature(s)
  • Date

(*) Please delete as appropriate.

–  End of Withdrawal instructions –

3.2 Exclusion or expiry of the right of withdrawal

The right of withdrawal does not exist for contracts regarding the supply of non-prefabricated goods which are manufactured on the basis of the consumer’s individual selections or specifications or which are clearly tailored to the consumer’s personal needs.