General terms and conditions BR PERFORMANCE Madrid
1. Generalities1.1. The legal relationship between each of the parties, that is, BR Performance LLC, 1032 E Brandon Blvd, Brandon, FL 33511, United States, (as software provider and marketplace) and the customer will be governed by the general terms and conditions, unless otherwise agreed in a written document.1.2. The general terms and conditions are always available on the website The general terms and conditions mentioned on the website at the time of the work order, apply and are considered for that order. By requesting or purchasing goods or services from BR PERFORMANCE Madrid or using the website, the customer confirms that they have read, understood and accepted this contract.1.3. These general terms and conditions can be adapted or modified by BR PERFORMANCE. The possible new general terms and conditions will not be applied in the contract between both parties. In the event that any of these general conditions is not valid, the other general terms and conditions will still apply.
2. Information, offers and work order confirmation2.1 Each injection engine is equipped with an ECU (electronic control unit) that controls ignition, injection and the air-fuel ratio. This ECU contains all the necessary operational settings for the engine. We will write the data on the chip so that the engine benefits from an individually optimized operating program.2.2. The information that is made public and available by BR PERFORMANCE (eg; through the web) is general in nature and is subject to corrections and changes. The information is not adapted in principle to specific personal circumstances. BR PERFORMANCE maintains its right to alter characteristics of its services and goods.2.3. All BR PERFORMANCE offers are for informational purposes only and are not binding, they are valid for 14 days from the date of the offer unless there is a contrary agreement. The offers are based on the current prices and rates that BR PERFORMANCE applies. If prices and rates change, BR PERFORMANCE maintains its right to change its prices proportionally. BR PERFORMANCE offers are not binding unless the customer has signed or accepted them in a reliable way, has been correctly identified and they have been confirmed by BR PERFORMANCE. Each accepted offer or request creates an obligation for the customer to pay.2.4. BR PERFORMANCE is only obliged to provide services to a vehicle once it has been examined on site, which means that to receive the services the vehicle has to have been examined on site. If while the on-site examination of it becomes evident that the vehicle is not in a suitable state to provide the service, BR PERFORMANCE does not take charge of any cost, especially transport costs.2.5. BR Performance performs the software modification, it is an essential requirement that it be the provider and installer of all mechanical parts. As an exceptional case with externally installed parts and after BR Performance provides authorization, it will proceed to make a software modification without any type of warranty or responsibility, and with the cost that is deemed appropriate in each case. In the event of any type of previous or subsequent modification of the vehicle, BR Performance would void all its warranty and responsibility for the vehicle.
3. Orders, prices and availability3.1. The prices of BR PERFORMANCE services and products are exclusively informational and are expressed in euros (EUR, €). The price is equal to the price mentioned in the offer. The price excludes any shipping and handling costs. Also, certain work orders may involve an additional cost for the processes to be carried out. The price may vary depending on certain fluctuations, but the products will be charged based on the prices in effect at the time of the offer and that are mentioned on the website or established in any other way or previously agreed by BR PERFORMANCE and the customer.3.2. BR PERFORMANCE processes orders or requests based on stocks and within the limitations provided in the conditions. BR PERFORMANCE reserves the right to deny orders when it has a serious suspicion of non-compliance with the law or misconduct by the customer. The cancellation of an order must be made in writing and must be accepted in writing.3.3. Possible additional services, such as composite reprogramming and installation will be billed separately. If the customer wishes for such additional services to be provided, the customer will receive an estimate of the prices. If any unforeseen expense related to programming occurs, the customer will be informed in advance, verbally or in writing only if the estimate of the additional price exceeds 30% of the estimate. If the customer decides not to incur these additional services after having received the estimate, the customer will be obliged to pay all costs related to the personalized estimate of the costs for the extra services.3.4. Labor prices: Mechanical M.O: 100€, M.O imp registration 9.75% 120€, Electronic M.O 300€, Parking 50€/day, Mobile workshop 500€/hour, vehicle collection 3€/km.
4. Orders, supplies and acceptance4.1. BR PERFORMANCE supplies the orders of services and/or products at the time, place and based on the conditions established (as set out in the order confirmation and usually after full payment of the price).4.2. The supply conditions are only provided as information and, therefore, are not binding, unless otherwise expressly agreed between the parties. Delays in execution can never lead to damage compensation or the dissolution of the agreement by the customer. Orders are made on behalf of the customer and it is the customer who assumes the risks, delays and additional expenses (for example, storage, handling, transport).4.3. The advance payment to make the reservation is an advance for testing and installation of the software. While it is deducted from the price of the reprogramming, in no case is it refundable, as it involves blocking the time of the on-site and remote staff in advance and cannot be reused.4.4. The advance payment will be deducted from the price of the reprogramming in case it can be done successfully. If the vehicle has any defect that prevents reprogramming, the amount will only be deducted if the vehicle returns within 1 month with said defect corrected. In case it returns and the defect persists, it is necessary to charge the same fee again for testing.4.5. Orders for physical products (parts) are considered accepted unless the customer requests otherwise, by express notification (certified mail or email) of their decision to return the product addressed to BR PERFORMANCE, sent within 14 days after delivery.
5. Return5.1. The provisions of this article only apply to customers who have ordered a product from BR PERFORMANCE through the website. The customer has 14 calendar days to return the physical product as long as it has not been installed. The period to return the product ends once 14 calendar days have passed since the customer or a third person acting on behalf of the customer, who is not the carrier, has or physically possesses the product. All physical products are associated with restocking and handling costs that will range from 30% to 50% of the value of the part.5.2. If you want to cancel the BRP+ services, they have a cost of 1 hour of electronic labor, from then on the amount will not be refunded for suppressing or modifying them.5.3. The costs of returning the physical product will be borne by the customer. If the value of the returned product has been reduced (for example, due to damage), BR-Performance reserves the right to hold the customer responsible and request compensation for the decrease in the value of the goods in question as long as the use of the product by the customer has been greater than necessary to determine the nature, characteristics and operation of the product. The product can only be returned in its original packaging along with all accessories, instructions and invoice or sales receipt. If the customer returns the product in the proper conditions, BR-Performance will return the entire amount paid by the customer in relation to the returned product. BR PERFORMANCE will withhold the refund until it has received the product from the customer in the proper conditions. If by choice of the customer instead of the refund a different product is delivered that results in additional costs, they will not be borne by BR PERFORMANCE.5.4. There will be no right to return a product when the product has been manufactured or adapted for a specific customer. The reprogramming of the software does not have the right to return, in any case they can be adjusted but the return of the amount is not allowed5.5. In all other cases, the principle will apply that, if the customer does not comply with the payment in a timely and proper manner of the contracted product or service, BR PERFORMANCE may cancel the order even after its confirmation to the customer, having the right to terminate the agreement without the need for judicial authorization and without prior notice. In this case, the defaulting party is obliged to compensate the other party the equivalent of 30% of the price of the ordered products, without prejudice to the right of the creditor to claim a greater compensation as long as they can prove a damage greater than said percentage. Once the supply of the product or service has started, even if it is a part, it cannot be canceled, BR PERFORMANCE having the right to claim 100% of the amount.5.6. In any case, after going through the power bank, there will be a minimum estimated cost of at least €150 for expenses incurred by runs on the power bank, labor, electricity and time dedicated to the car. These €150 in none of the cases will be refundable.
6. Control, warranty and responsibility6.1. The customer, as soon as they receive the product, must check its condition. The customer must inform BR PERFORMANCE of any imperfections within five days of receiving the product by express notification (certified mail or email). If upon receiving the product the customer perceives that there is a defect in it, they should only accept the product under warning to BR PERFORMANCE of such a situation.6.2. The products are guaranteed against hidden defects for one year from their delivery under the following conditions, understanding as hidden defects those defects that make the product significantly unsuitable for its normal use. In case the manufacturer is a third party, the customer must claim the warranty with the manufacturer.6.2.1. The software modification includes a 5-year warranty on the proper operation of our software, guaranteed power increase if the engine is in good condition. 5 years of free reprogrammed software if you receive an update from the dealer, return the car to its original state if you wish, we guarantee an individual adjustment and a complete diagnosis of each car, as well as our software being developed by one of our qualified engineers.6.2.2 Any vehicle that has previously been modified (and is not completely standard) outside of a BR PERFORMANCE center, will not obtain any type of warranty or right to claim. Similarly, any vehicle with a valid BR PERFORMANCE warranty, which is modified outside our centers afterwards, will lose our warranty and right to claim.6.2.3 There is a limit of 1 software update per year during the 5-year warranty at no cost. From this figure, the cost will be 1 hour of labor (electronic).6.2.4 All vehicles will be tested both inside and outside the BR PERFORMANCE facilities to ensure our quality standards. BR PERFORMANCE will perform a test drive of the vehicle in order to carry out the relevant checks on the correct operation of said vehicle in order to guarantee the service offered.6.2.5 In case of accepting to do the reprogramming or service, 100% of the amount established for said service must always be paid. BR PERFORMANCE is not responsible for possible modifications that this already had made by a third party.6.2.6 In case the customer needs a power bank consumption test, this will carry an associated cost in electronic labor, equal to the time invested.6.3. The return cannot be requested: Due to misuse of the product; When the product's maintenance is performed by a company other than BR PERFORMANCE; When any damage is caused by Force Majeure (as defined below); In case that, even if not adapting, the equipment is connected to the product sold and cannot be separated without being damaged; When the damage to the product is intentionally caused by the customer;6.4. No warranty is offered for vehicles that are not completely standard. The price of Stage 2 if the parts have not been sold and assembled by BRPerformance will be from +600€ compared to Stage 1.6.5. In case of a hidden defect, the customer may demand the warranty for hidden defects by express notification (certified mail or email) within a maximum period of one month from when the hidden defect has been discovered or should have been discovered.6.6. The warranty, therefore, is limited to free repair or the cost of spare parts and labor, excluding indirect damages, non-material damages, the cost of returning the product to BR PERFORMANCE and, where appropriate, the cost of returning a different product to the customer. The warranty is in any case limited to the replacement of the defective product, as long as its replacement is possible. If the replacement is not possible, the warranty is limited to the refund of the price paid and the recovery of the defective product, as far as possible. The warranty is limited to the amount for which BR PERFORMANCE is insured under its Insurance Policy.6.6.1 The BR PERFORMANCE warranty on mechanical parts (engine block or gearbox) is only valid as long as the vehicle is within the official warranty period of the manufacturer (contracted at the sale of the new car) and the vehicle has not been previously modified outside of BR PERFORMANCE.6.7. Visible defects or damages must be communicated by express notification (certified mail or email) at the time of receipt of the product. Products with visible defects or damages should not be used unless otherwise indicated by BR PERFORMANCE. The use of all or part of the product implies acceptance of the condition in which they are found. The delivery signature of a product is an irrefutable presumption that the services have been delivered.6.8. If the manufacturer's warranty is shorter than the maximum BR PERFORMANCE warranty, the warranty will be limited to the manufacturer's warranty period.6.8.1 In those cases where it is required to request the warranty offered by BR PERFORMANCE, it can only be done when the vehicle goes to any official BR PERFORMANCE distributor and not through third parties6.8.2 In those cases where a vehicle does not deliver the declared original power when entering our facilities, it leads to the right not to carry out the reprogramming, as well as the charge of €150 for labor and performance diagnosis of said vehicle6.8.3 The factory warranty of a new vehicle is legally mandatory for EU member states, so the manufacturer cannot decline the warranty if they discover that a vehicle has been modified. To reject this warranty, the manufacturer must find a direct link between the modification and the damage and therefore there is no reason why they can decline said warranty. If the manufacturer insists on rejecting the warranty, it would not be legal and they can be sued. In any case and to avoid possible procedures and inconveniences for the customer, BR PERFORMANCE provides an exclusive service for customers with which, prior to carrying out the vehicle inspection at the dealership, we update the car to standard (1 time per year) to thus avoid this situation. At all times we recommend before any action with the official house, to get in touch with our center to be able to advise the customer.6.9. BR PERFORMANCE can only be considered responsible in case of serious fault or negligence. BR PERFORMANCE can only be considered responsible for the commercial information provided in case of serious fault or negligence.6.9.1. Most insurance companies calculate their rates based on the price of the vehicle, the age of the driver, theft/accident rate, but not on the power of the vehicle, if your insurance is based on the power of the vehicle to establish a premium to pay, you must inform about the power increase to said insurance.6.10 BR PERFORMANCE does not take charge of the transport of the customer and/or the vehicle for any reason outside of our facilities in any case.6.11 The software is intended for use outside of the European Union.
7. Delivery of property, supply and retention of property7.1. The products delivered or supplied by BR PERFORMANCE to the customer will remain the property of BR PERFORMANCE, even if these products have been modified or incorporated, until full payment of the same, that is, payment of the price, taxes, as well as expenses and interests, if applicable. As long as the payment has not been made in full, the customer may not use, sell, pledge or use the goods as a guarantee in favor of third parties. Notwithstanding the aforementioned retention of ownership, the risks will be transferred to the customer at the time of delivery of the products. From the delivery of the same, the customer assumes all risks related to the goods sold.7.2. The service or provision is made on demand.7.3. If the customer has been informed to pick up their vehicle and/or parts of it and does not attend to the request within 24 hours, a fee will be charged for guarding said vehicle or piece. BR PERFORMANCE excludes any liability for damages of any nature that may be due to lack of collection of the vehicle or piece of it in the period exceeding 24 hours.7.4. If the customer cannot pick up their vehicle on time as agreed, the customer must inform BR PERFORMANCE within 24 hours, in writing with the aim of finding a solution or specifying a new date that cannot exceed an additional 48 hours.7.5. Non-cancellation or late cancellation will result in compensation for damages equivalent to 200.00 EUR, per vehicle. The customer will have to pay this amount within 8 days from the moment he has been notified by express notification (certified mail or email).
8. Invoice and Payment8.1. Unless otherwise stated on the invoice, the price must be paid upon receipt of the product.8.2. In case of non-payment, the unpaid amount of the invoice, whether it corresponds to the total or part of the price, will automatically and without prior notice accumulate the daily interest established in the General State Budgets of each year.8.3. Also, without prior notification to the customer of this fact, in case of non-payment the customer must pay the following penalty: for amounts up to 1,500 euros, 15% of the price, setting a minimum of 120.00 €; for amounts from 1,501 € to 10,000 €, 10% of the price; for amounts over 10,000 €, 8% of the price. This clause covers BR PERFORMANCE from the additional expenses that it may incur in relation to the claim of the debt in an extrajudicial manner without prejudice to being able to initiate the pertinent legal actions and, where appropriate, condemn the debtor for legal costs.8.4. In case of lack of part of the price BR PERFORMANCE has the right to retain the product until the complete receipt of the stipulated price.
9. Force MajeureBy 'Force Majeure' is understood any unforeseeable situation or event and therefore unknown at the time of closing the agreement with the customer and exceptional, beyond the will of the Parties that prevented BR PERFORMANCE from developing the service as expected by the customer such as war, threat of War, regardless of whether Spain is directly or indirectly involved, total or partial mobilization, state of emergency, rebellion, sabotage, floods, fires or other destructions and damages in factories or warehouses, exclusions, company closures, work strikes, machine breakdown or tools or other failures in BRPerformance or in companies where BR PERFORMANCE makes use of goods, products or other devices or places where BR PERFORMANCE provides services, restrictions of public authority or public measures of all kinds, levies due to unfavorable weather conditions, the shortage of transport means, restrictions or levies in production and / or in the supply of goods, merchandise or excipients, fuels and / or energy.
10. Intellectual rights of BR PERFORMANCE10.1. The products, services, content and all parts of the BR PERFORMANCE website (including trademarks, logos, designs, drawings, data, product and / or company names, texts, images, software, etc.) are protected by intellectual rights (that is, copyright and trademarks) belonging to BR PERFORMANCE or third parties with authorization from BR PERFORMANCE. The customer has no right, for any reason, to modify, copy, distribute, send, re-offer, reproduce, publish, license, transfer or sell to create derivative works from the aforementioned elements, any information or content. The supply of goods or services by BR PERFORMANCE does not imply the transfer or assignment of its intellectual rights. It is not allowed, for any reason, to establish an automatic link between the BR PERFORMANCE website and another website or any link that automatically returns to the BR Performance website, without the consent of BR PERFORMANCE.10.2. In particular, the software offered by BR PERFORMANCE remains the exclusive property of BR PERFORMANCE. The customer is provided with a personal, temporary and non-exclusive right of use, which the customer can in no case transfer, waive, compromise, remit or lend, whether for a fee or free of charge. It is prohibited for the customer to copy the software. It is prohibited for the customer to translate, modify, dispose or modify in any way the software without the written consent of BRPerformance. At the end of the use of the software, the customer will destroy all software applications, along with the documentation and attached manuals. The customer undertakes to respect the confidentiality of the software.10.3. Any infringement of the intellectual rights of BR PERFORMANCE can lead to civil and criminal proceedings in accordance with current Spanish legislation.
11. Conflicts and Competition11.1. In case of conflict between BR PERFORMANCE and the customer related to the services provided by BR PERFORMANCE, the acquisition of BR PERFORMANCE products and / or the applicability or interpretation of these terms and/or general conditions, or the agreement between the customer and BR -Performance, both parties, expressly waiving their jurisdictions, agree to determine that it is Spanish law, and the Judges and Courts of Madrid, the only ones competent to interpret any difference that may arise between the parties.11.2. The contractual relations between the parties to which these general conditions apply will be dealt exclusively in accordance with Spanish law. If a right is not claimed or a penalty is not applied by BR PERFORMANCE it does not mean that BR PERFORMANCE fails to comply with its rights to claim its right or the penalty. The nullity or inapplicability of one of the clauses provided in the contract will not lead to the nullity or inapplicability of the other clauses.
12. Processing of (personal) data and privacy12.1. The customer is solely responsible for the accuracy of any information given to BR PERFORMANCE through the website or in any other way. The customer must properly identify themselves when placing an order.12.2. The personal information that the customer transfers to BR PERFORMANCE is stored in the BR PERFORMANCE files. The customer gives their consent for this information to be used to provide and supply the services and products requested by the customer, follow up on the agreement or service, as well as update the customer with additional information. Also, BR PERFORMANCE reserves the right to use this information for commercial purposes, account management, marketing, fraud prevention and to improve BR PERFORMANCE services in general.12.3. The processing of this data is carried out in accordance with Organic Law 15/1999, of December 13, on Personal Data Protection.