Terms and Conditions

TERMS AND CONDITIONS OF THE TUN-FILES.COM ONLINE STORE

§1. General Provisions

  1. These Terms and Conditions define the rules for using the online store available at tun-files.com, hereinafter referred to as the “Store”.
  2. The owner of the Store and the Seller is: Jan Bojan, Oś. Nad Sołą 22/40, 32-650 Kęty, NIP (Tax ID): 5492444365, E-mail: tuning-pro@o2.pl.
  3. The Store conducts mixed-nature sales, offering:
    • a) Digital Content (ECU files, scripts, damos);
    • b) Physical Goods (programmers, emulators, accessories);
    • c) Services (web development, portal access subscriptions).

§2. Technical Requirements

  1. To make a purchase, the following are required: a device with Internet access, a web browser, and an active e-mail account.
  2. Requirements for Digital Content: To properly utilize the purchased files, the Client must possess specialized knowledge and diagnostic equipment (a programmer) supporting the specific file format.
  3. Hardware: In the case of purchasing devices (e.g., Flex, Emulators), the Client is obliged to read the manufacturer’s manual. The Seller shall not be held liable for damage to controllers (ECUs) resulting from improper use of the equipment.

§3. Ordering and Delivery

  1. Delivery of Digital Content (Files):
    • Delivery is made via e-mail or by providing a download link in the Client Panel.
    • Lead time: usually automatic or up to 24 hours (for files requiring manual processing).
    • Delivery cost: 0 PLN/EUR.
  2. Delivery of Physical Goods (Hardware):
    • Physical goods (programmers, emulators) are shipped within Poland and internationally via courier services (e.g., InPost, DPD, DHL).
    • Shipping time: Goods available in stock are usually dispatched within 24-48 hours after the payment is credited.
  3. Service Provision (Websites):
    • Detailed rules for service provision are described in §7 of these Terms and Conditions.

§4. Payments

  1. Available payment methods include electronic payments (instant transfers, BLIK, payment cards).
  2. The entity providing online payment services for instant transfers is PayPro S.A. (Przelewy24).
  3. In the case of payment by card: The card operator is PayPro S.A. Settlement Agent, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.

§5. Specifics of Digital Content (FILESERVICE PORTAL)

The Buyer acknowledges the specific nature of the sold files and services provided on the file portal (upload/download):

  1. All attached files are the intellectual property of TUN-FILES; sharing them with third parties is strictly prohibited.
  2. Removal solutions are for testing purposes only. TUN-FILES bears no responsibility if the solution is used in violation of the laws applicable in your country.
  3. Checksums: Files are delivered without calculated checksums unless the offer states otherwise.
  4. DTC: In the case of error removal (DTC OFF), codes must be provided in the general Pxxxx format.
  5. Every file is uploaded at your own risk; TUN-FILES assumes no liability and provides no warranty.
  6. You agree, at your own risk, that the use of selected modules does not violate any laws in the country of use and you understand that the produced software may only be used for testing, competition, or closed-circuit events; it is not intended for use on public roads.
  7. Sharing modified TUN-FILES files with other companies or on internet forums is prohibited. Our files are legally protected under copyright law.
  8. BY REGISTERING AND USING OUR SERVICES, YOU ACCEPT THE COMPANY’S TERMS AND CONDITIONS.

§6. Specifics of Digital Content (ECU/TCU Files)

The Buyer acknowledges the specific nature of the sold files:

  1. Size and Format: File size may vary depending on the reading device (e.g., Kess, Flex, Autotuner). Differences in size (offset) are a normal occurrence. If a file requires an offset, the Client performs this independently or utilizes the Seller’s technical support.
  2. Checksums: Files are delivered without calculated checksums unless the offer states otherwise.
  3. DTC: In the case of error removal (DTC OFF), codes must be provided in the general Pxxxx format.

§7. Terms of IT Service Provision (Websites / Portals)

  1. Nature of the Offer: The purchase of a service such as “Website for a Tuner” or “File Portal” is treated as the conclusion of a contract for specific work/service agreement. The description in the store constitutes a general framework specification.
  2. Individual Arrangements: Detailed scope of work, color schemes, graphic layout, and additional functionalities are determined with the Client individually (via e-mail) after the purchase. The Seller reserves the right that functionalities exceeding the standard package described in the offer may require an additional quote.
  3. Cooperation: The Client is obliged to provide necessary materials (logo, texts, contact details, server/domain access) within the deadline agreed with the Seller.
  4. Completion Time: The service completion deadline is calculated from the moment the Client provides a complete set of materials, not from the moment of payment. Delays resulting from the lack of materials from the Client do not constitute grounds for a complaint regarding the deadline.
  5. Cancellations and Refunds (Applies to Web Services only):
    • a) Before commencement of work: If the Client cancels the service after paying but before the Seller begins design/programming work, they are entitled to a 100% refund.
    • b) During work: If the Client cancels during the progress of the work, the Seller is entitled to deduct a portion of the remuneration proportional to the work performed.
    • c) After completion: Upon deployment of the site/portal on the target server or delivery of source files to the Client, the service is considered fully performed. From this point, the Client does not have the right to withdraw from the contract (refund), due to the nature of the service (non-prefabricated item, produced according to the consumer’s specifications or satisfying their individualized needs – Art. 38 item 3 of the Act on Consumer Rights).

§8. Right of Withdrawal (Returns Summary)

Return rules vary depending on the type of product purchased:

  • A. PHYSICAL GOODS (e.g., Flex Programmer, Emulator):
    • The consumer has the right to withdraw from the contract within 14 days of receiving the goods without giving a reason.
    • Exception: The right of return expires if the Client has activated the device (assigned the serial number to their user account with the manufacturer), which permanently changes the status of the device to “used” and prevents its further resale as new.
  • B. DIGITAL CONTENT (e.g., Files, Damos):
    • The right to withdraw from the contract does not apply if the performance (file shipment/download) began with the Consumer’s express consent before the expiry of the withdrawal period.
  • C. SERVICES (Websites):
    • Withdrawal rules are described in detail in §7 item 5 of these Terms and Conditions.

§9. Complaints

  1. The Seller is obliged to deliver goods/services free from defects.
  2. Complaints should be submitted to: tuning-pro@o2.pl.
  3. Exclusions of Liability:
    • The Seller is not responsible for errors resulting from the malfunction of the Client’s hosting/server (in the case of web services).
    • The Seller is not responsible for the Client’s lack of skills in operating tuning equipment.
  4. The Seller will respond to the complaint within 14 days.

§10. Personal Data

  1. The Administrator of personal data is the Seller.
  2. Data is processed for the purpose of order fulfillment. The Client has the right to access and correct their data. Details are contained in the Privacy Policy.
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