Terms & Conditions

 

1. Application

1.1 Application. The Terms of Trade described within (”The terms”) applies to all trades made with Fasetech,

VAT-number: DK39196875 (”The company”).

Company Information:

 

Fasetech ApS
Tarmvej 10
9220 Aalborg Ø
Danmark

 

VAT: DK39196875

Email: info@fasetech.com

Phone: +45 31710012

Bank Details:

 

Official Name: Sydbank

Address: Søndergade 18-20

Zip, City: 8700, Horsens

Country: Denmark

Phone: +45 74 37 76 61

Account Details:

 

DKK-IBAN: DK1171600001966907

EUR-IBAN: DK5471600009413696

SWIFT BIC: SYBKDK22

 

2. Contractual Basis

2.1 Contractual Basis. The terms along with offers and order confirmations, forms the combined contractual basis for the Company’s sale and delivery of products, spare parts and related services for the customer (”Contractual basis”). A customer’s purchasing terms are not valid unless confirmed in the contractual basis.

 

2.2 Changes and additions. Changes and additions to the contractual basis are only valid if agreed to in writing.

 

3. Products, spare parts and services

3.1 Products and spare parts. Products and spare parts sold and delivered by the company, are new and are subject to relevant legislation of the European Union.

 

3.2 Services. Relevant services sold to customers are subject to relevant legislation of the European Union.

 

3.3 Limitation of Liability. Products, spare parts and services are intended for private entertainment. Despite of opposing in the contractual basis, the company cannot be responsible for loss or damage as a result of other uses than the one intended by the company. Customers must not hold the company accountable for any damage, injury or loss as a result of unintended use.

 

4. Pricing and payment

4.1 Pricing. The price for any product, spare part of service is defined in the company’s price guide at the time of the order confirmation, unless otherwise stated in writing. All prices are exclusive of VAT and other taxes that may apply to the offer, due to local legislation within the country of the customers.

 

4.1.1 An exception to this is within the European Union, where the standard 25% VAT will be included in the pricing.

 

4.1.2 You are responsible for paying local VAT, other taxes and keeping up to date with local laws if you are living outside of the Europe Union.

 

4.2 Payment. Payment for customized products will be subject to an upfront payment before work on the product starts, once we receive the payment, production will start. On all non-pre-order products there is an 10-week production time, unless else is specified on the product page. All payment terms can be changed if agreed in writing.

 

4.2.1 The funds needs to be in our hands within 5 work days to keep your place in the production line. If the funds have not been received by that time your order will be placed on hold for two days, then deleted.

 

5. Cancellations

5.1 By ordering a non-customized product (Accessories, mounts etc.) on the website you are entitled to a 14 day right of withdrawal on a product. The time starts once you have the product in hands. If the expiration is on a weekend you have to the first workday to make a withdrawal claim. If you regret the purchase, please send an email to support@fasetech.com within the specified period. You are to pay for sending the product back yourself, however the cost of the shipping to you will be refunded. Once sending the product back, you are responsible for the packing of the product.

 

5.2 By ordering a customized product (RacingCUBE, Frame etc.) you are entitled to get half of the full amount refunded if production has started. If production has not started you will get a full refund. Fees are non-refundable.

 

5.3 If a refund is requested and accepted (Half or full amount) the funds will be returned within 30 days.

 

5.4 Any order made for the commercial version of the RacingCUBE is non-refundable unless specifically stated in the contract.

 

6. Delayed payments

6.1 Interest. If the customer neglects to pay, or withdraws a payment for at delivered product, spare part or service, of reasons that are beyond the control of the company, an interest of 1% per month will be added to the amount due for payment, until payment is registered on the company’s account.

 

6.2 Repealing. If the customer neglects to pay a due amount for any product, spare part or service within 14 days of receiving a written reminder hereof, the company is entitled to repeal any other orders made to the company, this includes: (i) keeping upfront payment if the production of a customized unit has begun (ii) stopping any product in transit or withholding shipment of any product or spare part, eventually keeping the product or spare part as payment for the missing amount.

 

7. Offers, orders, and order confirmations

7.1 Offers. Offers made by the company are valid for 10 days unless otherwise stated in the offer. Acceptance of offers made within the granted period are not binding for the company until an order confirmation has been sent.

 

7.2 Orders. Any order made by a customer must include (i) order number (ii) Part number (iii) product description (iiii) quantity (v) expected pricing (vi) payment terms.

 

7.3 Order confirmations. The company aims to send confirmation or rejections of any orders within 1-2 workdays from receiving an order. Confirmation and rejections of any order must be in writing in order to be binding for the company.

 

7.4 Changes and repeals. The customer has a 14-day repeal right on non-customized products and spare parts. Services and customized products cannot be changed or repealed after the order confirmation has been sent by the company, unless otherwise agreed by the company.

 

7.5 Conflicting terms. If the order confirmation sent by the company conflicts with the customer’s order or the contractual basis, the customer must inform the company within 2 working days after the order confirmation has been sent, otherwise the terms in the order confirmation are valid.

 

7.6 VAT. By purchasing a commercial version of the simulator you must enter a valid VAT number (Within the EU) belonging to you. Failing to do so will cause termination of your order or you will be invoiced the outstanding VAT amount.

 

8. Pre-order

8.1 Preorder. In case of a preorder or a preorder list the buyer must either pay a down payment or the full amount.

 

8.2 Down payment. The down payment is set on a case by case basis. Follow the instructions of the specific preorder-offer.

 

8.3 Balance payment. The balance payment is required once the production of your product is ready to commence.

 

8.4 Delivery times can vary in the pre-order phase, the 8 weeks manufacturing time is not applicable when pre-ordering the base unit. However, the stated delivery time will hold unless other is specified on your order.

 

8.4 Preorder list. Your position on the preorder list is made final once The company receives payment. Note that preorder lists can be long, and it may take some time before you receive your product. You will get an estimated delivery once the pre-order signup has closed.

 

8.5 Cancellation. Down payments are not refundable and cannot be exchanged for other items or services. If the production of your product has already commenced then the order stands as is, and therefore cannot be cancelled.

 

9. Delivery

9.1 Delivery terms. The company will deliver any product, spare part or service as described in the DAP Incoterms, meaning that the buyer must take care of customs clearance in the importing country, at buyer’s own risk and expense.

 

9.2 Delivery time. The company will deliver any product, spare part of service at the time noted in the order confirmation. The company is entitled to deliver before the arranged time unless otherwise agreed.

 

9.3 Pre-ordered item. Delivery time of a pre-ordered item is unknown unless otherwise stated in the pre-order offer. An ETA on delivery will be given once the production of your product starts.

 

9.4 Examination. The customer must examine all products and spare parts upon delivery. If any error or shortage is found, the customer must without unnecessary delay, contact the company in writing. If this is not done without unnecessary delay, the right to complain will be void.

 

9.5 Shipping costs found on the website is an estimated price and can be subject to change depending on locations. The Shipping price in the order confirmation will be final.

 

10. Delays

10.1 Communication. If any delay is expected by the company, it must be informed without unnecessary delay, along with the cause of the delay and a new expected delivery date.

 

10.2 Repealing. If the company does not deliver the order within 30 days of the original delivery date, the customer is entitled to repeal the order if done so in writing to the company. The customer will be entitled for a full refund, including upfront payments.

 

11. Warranty (Consumer)

11.1 Warranty. The company must ensure that all products and spare parts are without errors or shortages in design, material and performance in a total period of 24 months from the delivery date. For parts repaired or switched within the period, they will have a 6-month warranty from the date of the repair or switch, however for a maximum of 24 months from the original delivery.

 

11.2 Exceptions. The company’s warranty does not include wearing parts like wheels and actuators, or any error or shortage due to: (i) normal wear and tear (ii) storage, installation, use or maintenance against recommendations from the company (iii) repairs and changes made by other than the company (iv) other conditions outside the company’s control.

 

11.3 Communication. If the customer discovers a fault or shortage within the warranty period, and if the customer wants to invoke the warranty, the fault or shortage must be communicated in writing to the company. If a fault or shortage is not communicated without unnecessary delay, the claim will be void. The customer must inform of any additional information relevant to the fault or shortage, to the best of their ability and answer additional questions relevant to the fault or shortage.

 

11.4 Examination. Within reasonable time from receiving written notice of a fault or shortage, the company must examine the case and inform whether it is covered by the warranty. The customer must return defect parts if the company wishes so. The customer bears the expense and risk of returning the parts.

 

11.5 Rectification. Within reasonable time from the company deciding a fault to be covered by the warranty, as per 11.4, the company must rectify the fault by: (i) replacing or repairing the defect part, (ii) send new parts to the customer, in order for the customer to exchange the parts, or (iii) send a technician to repair the fault.

 

11.6 Annulment. If the company does not rectify a fault covered by the warranty within reasonable time of 30 days after noticing the customer hereof, for reasons not caused by the customer, the customer is allowed to cancel the order and other orders affected by the fault and get a full refund. The customer does not have any additional rights regarding the fault of any order.

 

11.7 The CV1 (Consumer Version 1) model is not intended for commercial use, and warranty will not be applicable if used with commercial intentions. We will offer a solution for service in the future. If used commercially, we hold the right to refuse repairs under our warranty stated in 11.1 – 11.6.

 

12. Warranty (Business)

12.1 Warranty. The company must ensure that all products and spare parts are without errors or shortages in design, material and performance in a total period of 12 months from the delivery date. For parts repaired or switched within the period, they will have a 6-month warranty from the date of the repair or switch, however for a maximum of 12 months from the original delivery.

 

12.2 Exceptions. The company’s warranty does not include wearing parts like wheels and actuators, or any error or shortage due to: (i) normal wear and tear (ii) storage, installation, use or maintenance against recommendations from the company (iii) repairs and changes made by other than the company (iv) other conditions outside the company’s control.

 

12.3 Communication. If the customer discovers a fault or shortage within the warranty period, and if the customer wants to invoke the warranty, the fault or shortage must be communicated in writing to the company. If a fault or shortage is not communicated without unnecessary delay, the claim will be void. The customer must inform of any additional information relevant to the fault or shortage, to the best of their ability and answer additional questions relevant to the fault or shortage.

 

12.4 Examination. Within reasonable time from receiving written notice of a fault or shortage, the company must examine the case and inform whether it is covered by the warranty. The customer must return defect parts if the company wishes so. The customer bears the expense and risk of returning the parts.

 

12.5 Rectification. Within reasonable time from the company deciding a fault to be covered by the warranty, as per 12.4, the company must rectify the fault by: (i) replacing or repairing the defect part, (ii) send new parts to the customer, in order for the customer to exchange the parts, or (iii) send a technician to repair the fault.

 

12.6 Annulment. If the company does not rectify a fault covered by the warranty within reasonable time of 30 days after noticing the customer hereof, for reasons not caused by the customer, the customer is allowed to cancel the order and other orders affected by the fault and get a full refund. The customer does not have any additional rights regarding the fault of any order.

 

12.7 Software. The software provided is third party and The company cannot be held accountable for issues or other related problems that might occur. Software support it not a part of the purchase unless otherwise stated. Comprehensive guides will be available on our forums.

 

13. Extended warranty (B2B)

13.1 Availability. Extended warranty is available as an addon purchase and will be based on location and country. If no special conditions have been specified the standard conditions of warranty applies to the extended warranty as well. Please contact us for more information about extended warranty for prices and additional information.

 

13.2 Extended warranty Terms & Conditions

- Must be purchased within a month from the arrival of the RacingCUBE.

- Before the extended warranty can be deemed valid, the money have to be in our account.

- The extended warranty does not apply to any cosmetic item of the product.

- The extended warranty is not an insurance.

- Any unauthorized tampering with the product will void the warranty.

- The extended warranty is only valid in the country of purchase and for the intended use when purchasing the product. Any damage incurred outside of the country of purchase (Including but not limited to damage caused by incorrect wattage and/or incorrect voltage) will void warranty.

- The Extended Warranty is NON-TRANSFERABLE unless EXPRESS WRITTEN PERMISSION has been provided by Fasetech for a transfer of warranty.

- The warranty is valid for ONE RacingCUBE simulator only and the accessories used for it.

- If you wish to purchase extended warranty for more RacingCUBEs it must be done by adding multiple orders to the basket.

 

14. Leasing & Rental (B2B)

14.1 Rental. Renting our platforms to thirdparties are not allowed without specific permission from The Company or partners that holds rental licenses in specific regions.

14.2 Leasing. Leasing our platforms to thirdparties are not allowed without specific permission from The Company or partners that holds rental licenses in specific regions.

 

15. Upgrades

15.1 Upgrades. We offer upgrades of older versions to the latest version if possible. The customer must make the request by writing and our technicians will evaluate the possibilities case by case.

 

15.2 Liability. By agreeing on an upgrade we take full responsibility of the platform as soon as it enters our production facilities. The customer holds the responsibility to all packaging.

 

15.3 Warranty. On all new components added to the platform during the upgrade the warranty will follow our policy as per 11. and/or 12, starting from new. All components we have not modified or exchanged will continue warranty from delivery date or an earlier repair date.

 

16. Responsibility

16.1 Responsibility. Every party is responsible for own actions and inactions according to governing law within the European Union, but with the limitations stated within the contractual basis.

 

16.2 Product Responsibility. The company is responsible for delivered products and spare parts according to governing law within the European Union. The customer must not hold the company liable for anything beyond their product responsibility.

 

16.3 Limitation of Responsibility. Regardless of opposing terms in the contractual basis. Within one calendar year, the company cannot be held responsible for a larger amount than 50% of the total invoiced amount to the customer, in the previous year. The limitation is void if the company has acted intentionally or with gross negligence.

 

16.4 Indirect Losses. Regardless of opposing terms in the contractual basis, the company is not responsible for any indirect losses, including loss of production, sales, earnings, time or goodwill, unless it has been intentional or through gross negligence.

 

16.5 Force majeure. Regardless of opposing terms in the contractual basis, the company is not responsible for unfulfilled obligations, as a result of force majeure and is applicable for as long as the force majeure consists.

 

17. Immaterial rights

17.1 Ownership. The full ownership for all immaterial rights regarding any product, spare parts, service, patent, design, brand, and copyright, belongs to the company.

 

17.2 Violation. If products or spare parts violates the immaterial rights of any third party, the company must, as own expense: (i) secure the customers rights to continue using the violating products or spare parts, (ii) change the violating product or spare parts in accordance with the violation, (iii) replace the violating products or spare parts with a non-violating replacement, or (iv) buy back the violating products or spare parts, at the original price, minus 20% pr. Year since original purchase date. The customer has no additional rights regarding the violation of third parties’ immaterial rights.

 

18. Applicable law and jurisdiction

18.1 Applicable law. All order purchased with the company falls within applicable law from the European Union

 

18.2 Jurisdiction. Any dispute that might arise in connection to an order, must be settled by Danish court.