General Terms and Conditions BR PERFORMANCE Madrid

1. Generalities

1.1. 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 www.br-performance.es. The general terms and conditions stated on the website at the time of the work order apply to and are considered valid for that order. By requesting or purchasing goods or services from BR PERFORMANCE Madrid or using the website, the client confirms that they have read, understood, and accepted this agreement.

1.3. These general terms and conditions may be adapted or modified by BR PERFORMANCE. Any new general terms and conditions will not apply to the contract between the parties. If any of these general terms and conditions are invalid, the remaining general terms and conditions will still apply.

2. Information, offers and work order confirmation

2.1 Each fuel-injected engine is equipped with an ECU (electronic control unit) that controls ignition, fuel injection, and the air-fuel ratio. This ECU contains all the necessary operating settings for the engine. We will write the data to the chip so that the engine benefits from an individually optimized operating program.

2.2. The information made public and available by BR PERFORMANCE (e.g., through the website) is general in nature and subject to corrections or changes. The information is not, in principle, tailored to specific personal circumstances. BR PERFORMANCE reserves the right to alter the characteristics of its services and goods.

2.3. All offers from BR PERFORMANCE are for informational purposes only and are non-binding. They are valid for 14 days from the date of the offer unless otherwise agreed. Offers are based on BR PERFORMANCE's current prices and rates. If prices and rates change, BR PERFORMANCE reserves the right to adjust its prices accordingly. BR PERFORMANCE offers are not binding unless the customer has signed or formally accepted them, properly identified themselves, 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 obligated to service a vehicle once it has been inspected on-site. This means that the vehicle must be inspected on-site before receiving services. If, during the on-site inspection, it becomes clear that the vehicle is not in a suitable condition to provide the service, BR PERFORMANCE will not be responsible for any costs, including transportation costs.

2.5. For BR Performance to perform software modifications, it is an essential requirement that they be the supplier and installer of all mechanical parts. As an exceptional case involving externally installed parts, and only after authorization from BR Performance, they will proceed with software modifications without any warranty or liability, and at a cost deemed appropriate in each case. Any prior or subsequent modifications to the vehicle will void BR Performance's warranty and liability for the vehicle.

3. Orders, prices and availability

3.1. BR PERFORMANCE's service and product prices are for informational purposes only and are expressed in euros (EUR, €). The price is equal to the price stated in the offer. The price excludes any shipping and administration costs. Furthermore, certain work orders may incur additional costs due to the processes involved. The price may vary depending on certain fluctuations, but products will be charged according to the prices in effect at the time of the offer, as stated on the website or otherwise established or agreed upon in advance by BR PERFORMANCE and the client.

3.2. BR PERFORMANCE processes orders based on stock availability and within the limitations stipulated in the terms and conditions. BR PERFORMANCE reserves the right to refuse orders when it has serious suspicion of a violation of the law or misconduct on the part of the customer. Order cancellations must be made in writing and must be accepted in writing.

3.3. Any additional services, such as reprogramming and installation, will be billed separately. If the customer requests these additional services, they will receive a price estimate. If any unforeseen expenses related to programming arise, the customer will be informed in advance, either verbally or in writing, only if the additional cost exceeds 30% of the original estimate. If the customer decides not to use these additional services after receiving the estimate, they will be responsible for all costs associated with the customized estimate for these extra services.

3.4. Labor prices: Mechanical labor: €100, Registration tax labor (9.75%) €120, Electronics labor €300, Parking €50/day, Mobile workshop €500/hour, Vehicle collection €3/km.

4. Orders, supplies and acceptance

4.1. BR PERFORMANCE supplies orders for services and/or products at the time, place and on the basis of the conditions set out (as set out in the order confirmation and normally after full payment of the price).

4.2. The delivery terms are provided for informational purposes only and are therefore not binding unless expressly agreed otherwise by the parties. Delays in performance shall never give rise to a claim for damages or termination of the agreement by the customer. Orders are placed on behalf of the customer, and the customer assumes all risks, delays, and additional costs (e.g., storage, handling, transport).

4.3. The advance payment for making the reservation is a deposit for software testing and installation. While it is deducted from the rescheduling price, it is non-refundable, as it involves blocking the time of on-site and remote staff in advance and cannot be reused.

4.4. The advance payment will be deducted from the reprogramming price if the reprogramming can be successfully completed. If the vehicle has a defect that prevents reprogramming, the amount will only be deducted if the vehicle is returned within one month with the defect rectified. If the defect persists upon return, the same fee will be charged again for testing.

4.5. Orders for physical products (pieces) are considered accepted unless the customer requests otherwise, by express notification (registered mail or email) of their decision to return the product addressed to BR PERFORMANCE, sent within 14 days after delivery.

5. Return

5.1. The provisions of this article apply only to customers who have ordered a BR PERFORMANCE product through the website. The customer has 14 calendar days to return the physical product, provided it has not been installed. The return period ends 14 calendar days after the customer, or a third party acting on the customer's behalf (other than the carrier), takes physical possession of the product. All physical products are subject to restocking and handling fees ranging from 30% to 50% of the item's value.

5.2. If you wish to cancel BRP+ services, there is a cost of 1 hour of electronic labor; after that, no refund will be issued for cancelling or modifying them.

5.3. The customer is responsible for the costs of returning the physical product. If the value of the returned product has diminished (for example, due to damage), BR-Performance reserves the right to hold the customer liable and seek compensation for the diminished value of the goods in question, provided that the customer's use of the product has exceeded what is necessary to determine its nature, characteristics, and functioning. The product may only be returned in its original packaging, along with all accessories, instructions, and the invoice or sales receipt. If the customer returns the product in good condition, BR-Performance will refund the full amount paid by the customer for the returned product. BR-Performance will withhold the refund until it has received the product from the customer in good condition. If, at the customer's request, a different product is delivered instead of a refund, resulting in additional costs, these costs will not be borne by BR-Performance.

5.4. Client pays for the work done by our engineers, not for the result of that work. We will put everything in place to provide a good product and provide full support. All labour we perform must be paid and for that reason, we will not refund, in part or in full.

5.5. In all other cases, the principle will apply that if the client fails to pay for the contracted product or service on time and in the correct manner, BR PERFORMANCE may cancel the order even after confirmation to the client, having the right to terminate the agreement without judicial authorization and without prior notice. In this case, the defaulting party is obligated to compensate the other party with the equivalent of 30% of the price of the ordered products, without prejudice to the creditor's right to claim greater compensation if they can demonstrate damages exceeding that percentage. Once the supply of the product or service has begun, even if only partially, it may not be canceled, and BR PERFORMANCE will have the right to claim 100% of the amount.

5.6. In any case, after the dyno test, there will be a minimum estimated cost of at least €150 to cover expenses incurred for dyno runs, labor, electricity, and time spent on the car. This €150 is non-refundable under any circumstances.

6. Control, guarantee and responsibility 

6.1. The customer must check the condition of the product as soon as they receive it. The customer must inform BR PERFORMANCE of any defects within five days of receiving the product by express notification (registered mail or email). If the customer notices a defect upon receiving the product, they should only accept it after notifying BR PERFORMANCE of the situation.

6.2. The products are guaranteed against hidden defects for one year from the date of delivery under the following conditions, where hidden defects are defined as those defects that significantly render the product unsuitable for its intended use. If the manufacturer is a third party, the customer must claim the warranty directly from the manufacturer.

6.2.1. The software modification includes a 5-year warranty on the proper functioning of our software, with a guaranteed power increase if the engine is in good condition. Five years of free software reprogramming are included if you receive an update from the dealer. You can return your car to its stock configuration if desired. We guarantee individual tuning and a complete diagnostic for each vehicle, and our software is developed by one of our qualified engineers.

6.2.2. Any vehicle that has been previously modified (and is not completely stock) outside of a BR PERFORMANCE center will not be covered by any warranty or have any right to make a claim. Similarly, any vehicle with a valid BR PERFORMANCE warranty that is subsequently modified outside of our centers will lose our warranty and right to make a claim.

6.2.3. During the period of five (5) years from the date of reprogramming, any service of updating, modifying, reviewing, reinstalling or checking the software will have a fixed cost of one hundred and fifty euros (€150) per intervention.

These services will be provided solely and exclusively by prior appointment, subject to organizational and scheduling availability according to BR PERFORMANCE's agenda, without any obligation for immediate provision.

The indicated amount will be informed to the client in advance and will be required prior to the performance of the service, and will not in any case be considered a deposit, guarantee or refundable amount, except as required by law.

Likewise, the service of archiving, custody, restoration or reinstallation of the vehicle's original software (serial configuration), both at the request of the client and for technical, administrative or commercial needs, will also have a fixed cost of one hundred and fifty euros (€150) per intervention.

6.2.3.1. If a vehicle requires support, inspection, testing, or technical intervention, and more than three (3) months have passed since the reprogramming date, the customer must request a new appointment through BR PERFORMANCE's official channels (website, telephone, WhatsApp, or in person). This request will be subject to a booking fee of one hundred and fifty euros (€150). This amount will be fully refunded if it is determined that the issue is directly related to work performed by BR PERFORMANCE. Otherwise, the amount paid will be applied as partial payment for the applicable mechanical and/or electronic labor hours. No support, inspection, or technical intervention will be provided without a prior appointment. All support requests must be submitted exclusively via email or the official BR PERFORMANCE website, with the forms duly completed. If this procedure is not followed, BR PERFORMANCE reserves the right not to process the request for reasons of internal organization and scheduling.

6.2.4. All vehicles will be tested both on and off BR PERFORMANCE premises to ensure our quality standards. BR PERFORMANCE will conduct a test drive of the vehicle to perform the necessary checks on its proper functioning and guarantee the service offered.

6.2.5. If you agree to the reprogramming or service, you must always pay 100% of the amount established for said service. BR PERFORMANCE is not responsible for any modifications that may have already been made by a third party.

6.2.6. If the customer requires a power bank consumption test, this will entail an associated cost in electronic labor, equal to the time invested.

6.3. The return cannot be requested: For improper use of the product; When the maintenance of the product is carried out by a company other than BR PERFORMANCE; When any damage is caused by Force Majeure (as defined below); In the event that, even if not adapted, the equipment is connected to the sold product and cannot be separated without damage; When the damage to the product is caused intentionally by the customer.

6.4. No warranty is offered for vehicles that are not completely stock. The price of Stage 2, if the parts were not sold and installed by BRPerformance, will be €600 more than Stage 1.

6.5. In the event of a hidden defect, the customer may claim the warranty for hidden defects by express notification (registered 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 is therefore limited to free repair or the cost of parts and labor, excluding consequential damages, non-material damages, the cost of returning the product to BR PERFORMANCE, and, where applicable, the cost of returning a different product to the customer. The warranty is limited in all cases to the replacement of the defective product, provided that replacement is possible. If replacement is not possible, the warranty is limited to a refund of the price paid and the return of the defective product, to the extent 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 manufacturer's warranty period (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 damage must be reported by express notification (registered mail or email) upon receipt of the product. Products with visible defects or damage must not be used unless otherwise instructed by BR PERFORMANCE. Use of all or part of the product constitutes acceptance of its condition. A signature upon delivery of a product is irrefutable proof 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 necessary 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 parties.

6.8.2. In those cases where a vehicle does not perform the power declared from the origin upon entering our facilities, this entails the right not to carry out the reprogramming, as well as the charge of €150 for labor and performance diagnosis of said vehicle.

6.8.3. The factory warranty for a new vehicle is legally mandatory in EU member states, so the manufacturer cannot void the warranty if they discover that a vehicle has been modified. To void this warranty, the manufacturer must find a direct link between the modification and the damage; therefore, there is no reason why they can void the warranty. If the manufacturer insists on voiding the warranty, it would be illegal and they could face legal action. In any case, and to avoid potential paperwork and inconvenience for the customer, BR PERFORMANCE offers an exclusive service for clients. Before the vehicle inspection at the dealership, we update the vehicle's factory settings (once a year) to prevent this situation. We always recommend contacting our center before taking any action with the official dealership so we can advise the customer.

6.9. BR PERFORMANCE may only be held liable in cases of gross negligence or fault. BR PERFORMANCE may only be held liable for the commercial information provided in cases of gross negligence or fault.

6.9.1. Most insurance companies calculate their rates based on the vehicle price, the driver's age, and theft/accident rate, but not on the vehicle's horsepower. If your insurance is based on the vehicle's horsepower to determine the premium, you must inform the insurance company about the increase in horsepower.

6.10. BR PERFORMANCE is not responsible for the transport of the customer and/or the vehicle for any reason outside of our facilities under any circumstances.

6.11. The software is intended for use outside the European Union.

6.12. In accordance with Regulation (EU) 2016/679 (GDPR) and current Spanish data protection regulations, the customer is hereby informed that the collection and use of images and/or videos of the vehicle, carried out exclusively at BR PERFORMANCE’s facilities and/or on the dynamometer, shall not be considered personal data as long as they do not allow for the identification of the customer.

Notwithstanding the foregoing, BR PERFORMANCE will only carry out such capture and use in accordance with the authorization set forth in Section 6.12 of these General Terms and Conditions, and the customer is hereby granted the right to object to or revoke such authorization by expressly notifying the company through its official channels, in accordance with the terms established therein.

7. Delivery of property, supply and retention of property

7.1. Products delivered or supplied by BR PERFORMANCE to the customer shall remain the property of BR PERFORMANCE, even if these products have been modified or incorporated, until full payment has been received, including the price, taxes, and any applicable expenses and interest. Until full payment has been received, the customer may not use, sell, pledge, or use the goods as collateral for third parties. Notwithstanding the aforementioned retention of title, the risks of loss or damage to the goods shall be transferred to the customer upon delivery. From the date of delivery, 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 notified to collect their vehicle and/or parts thereof and fails to do so within 24 hours, a storage fee will be charged. BR PERFORMANCE excludes any liability for damages of any kind that may arise from the failure to collect the vehicle or parts thereof within a period exceeding 24 hours.

7.4. If the customer cannot collect 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 agreeing on a new date which may not exceed an additional 48 hours.

7.5. Failure to cancel or late cancellation will result in compensation for damages equivalent to EUR 200.00 per vehicle. The customer must pay this amount within 8 days of being notified by express notification (registered mail or email).

8. Invoice and payment

8.1. 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 whole or part of the price, will automatically and without prior notice accrue the daily interest established in the General State Budgets of each year.

8.3. Furthermore, without prior notification to the client, in the event of non-payment, the client shall pay the following penalty: for amounts up to €1,500, 15% of the price, with a minimum of €120.00; for amounts from €1,501 to €10,000, 10% of the price; for amounts exceeding €10,000, 8% of the price. This clause protects BR PERFORMANCE from any additional expenses it may incur in relation to the extrajudicial collection of the debt, without prejudice to its right to initiate appropriate legal action and, where applicable, order the debtor to pay court costs.

8.4. In case of non-payment of part of the price, BR PERFORMANCE has the right to retain the product until full receipt of the stipulated price.

9. Force Majeure

9.1. “Force Majeure” shall mean any unforeseeable and therefore unknown situation or event at the time of entering into the agreement with the client and exceptional, beyond the control of the Parties, that prevents BR PERFORMANCE from performing the service as expected by the client, 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 destruction and damage to factories or warehouses, exclusions, company closures, work stoppages, breakdown of machinery or tools or other failures at BR PERFORMANCE or at companies where BR PERFORMANCE uses goods, products or other equipment or places where BR PERFORMANCE provides services, restrictions by public authority or public measures of any kind, burdens due to adverse weather conditions, shortages of means of transport, restrictions or burdens on the production and/or supply of goods, merchandise or excipients, fuels and/or energy.

10. Intellectual Property Rights of BR PERFORMANCE

10.1. The products, services, content, and all parts of the BR PERFORMANCE website (including trademarks, logos, designs, drawings, data, product and/or company names, text, images, software, etc.) are protected by intellectual property rights (i.e., copyrights and trademarks) belonging to BR PERFORMANCE or to third parties authorized by BR PERFORMANCE. The customer has no right, under any circumstances, to modify, copy, distribute, transmit, re-offer, reproduce, publish, license, transfer, or sell any of the aforementioned elements, information, or content to create derivative works. The provision of goods or services by BR PERFORMANCE does not imply the transfer or assignment of its intellectual property rights. It is not permitted, under any circumstances, 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 client is granted a personal, temporary, and non-exclusive right of use, which the client may not under any circumstances transfer, waive, encumber, assign, or lend, whether for consideration or free of charge. The client is prohibited from copying the software. The client is prohibited from translating, modifying, disposing of, or otherwise altering the software without the written consent of BR PERFORMANCE. Upon termination of use of the software, the client shall destroy all software applications, along with any accompanying documentation and manuals. The client agrees to maintain the confidentiality of the software.

10.3. Any infringement of BR PERFORMANCE's intellectual property rights may give rise to civil and criminal proceedings in accordance with current Spanish legislation.

11. Conflicts and competition

11.1. In the event of a conflict between BR PERFORMANCE and the client relating to the services provided by BR PERFORMANCE, the acquisition of products from BR PERFORMANCE and/or the applicability or interpretation of these terms and/or general conditions, or the agreement between the client and BR PERFORMANCE, both parties, expressly waiving their jurisdiction, agree that Spanish Law, and the Courts of Madrid, shall be the only competent ones to interpret any difference that may arise between the parties.

11.2. The contractual relationship between the parties to which these general terms and conditions apply shall be governed exclusively by Spanish law. The failure of BR PERFORMANCE to assert a right or enforce a penalty shall not constitute a breach of its right to assert that right or enforce the penalty. The invalidity or unenforceability of one of the clauses in this contract shall not render the remaining clauses invalid or unenforceable.

12. Processing of (personal) data and privacy

12.1. The customer is solely responsible for the accuracy of any information provided 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 client transfers to BR PERFORMANCE is stored in BR PERFORMANCE's files. The client consents to this information being used to provide and supply the services and products requested by the client, to follow up on the agreement or service, and to update the client with additional information. BR PERFORMANCE also reserves the right to use this information for business purposes, account management, marketing, fraud prevention, and to improve BR PERFORMANCE's services in general.

12.3. The processing of this data is carried out in accordance with Organic Law 15/1999, of December 13, on the Protection of Personal Data.

12.4. In accordance with Regulation (EU) 2016/679 (GDPR) and current Spanish legislation on data protection, the client is informed that the capture and use of images and/or videos of the vehicle and facilities , carried out exclusively at BR PERFORMANCE facilities and/or on the dynamometer, will not be considered personal data as long as it does not allow for the identification of the client.

Notwithstanding the foregoing, BR PERFORMANCE will only carry out such collection and use in accordance with the authorization regulated in section 6.12 of these general conditions, recognizing the client's right to oppose or revoke said authorization by express communication through the company's official channels, under the terms established therein.

13. Transitional clause

These general conditions, including those relating to the use of the vehicle's image regulated in section 6.12 and its reference in section 12.4, will apply from their date of publication and acceptance.

In the case of clients who have contracted services with BR PERFORMANCE prior to that date, the use of images and/or videos of the vehicle and facilities will also be authorized under the terms established herein, unless the client expressly states their opposition by means of a reliable communication addressed to BR PERFORMANCE through its official contact channels.

This objection will not have retroactive effects on materials already published prior to the communication, nor will it affect in any case the proper provision of the contracted services.