LEGAL

LEGAL

WHO WE ARE and COMPANY INFO

TUNING-DIESELS and ROVERRON TUNING are trading names of RONIAN LTD, a Scottish limited company registered in 2005, Company number SC278833, and governed by Scottish law, with our registered office at: Penlea, 150 Barmore Road, TARBERT, PA29 6TW, Director R I Jones. VAT NUMBER GB232 2107 62
WE TAKE LEGAL ACTION TO PROTECT OUR INTELLECTUAL PROPERTY RIGHTS.
Including Domain names, website contents, trademarks and brands, whether registered or not, and all product design and documentation.

Copy or producing similar looking items even if not using our trademarks, is contrary to the common law of Passing Off and for registered trademarks, the Trade Marks Act 2008, and leaves the perpetrator open to high court claim for damages, as well as criminal prosecution.

In addition, any persons or organisations making malicious or false claims about us or our products, may be guilty of Malicious Falsehood, a part of Libel Law, and this includes the owners of forums, and other social media sites, as well as competitor websites who allow such libels to be shown.

Furthermore, any company making false claims or statements, including denigrating a competitor or their products is also contravening the Consumer Protection from Unfair Trading Act and breaking the Advertising Standards Authority's code of conduct, both of which ban any business from promoting their own products at their competitors' expense or inducing customers to buy from them by making a false claim about their own products or a competitor's.

OUR TERMS OF BUSINESS

GENERAL TERMS AND CONDITIONS OF SALE - THE AGREEMENT            

ALL ORDERS ARE ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Please read the wording of this Agreement carefully as it contains the terms and conditions (‘the Conditions’) upon which Ronian Ltd (‘Us’/‘We’/‘Our’) deal with you (‘You’/‘Your’/‘Yourself’) for the sale of the Goods. In this Agreement, ‘Goods’ means the goods which we supply to you in accordance with the Conditions. 'Transaction processor' means the company we use to process your credit or debit card payment on our behalf for example, Paypal, Sagepay or other such organisation engaged by us.
 1) ORDERING. ALL PRICES INCLUDE VAT @ 20% OR CURRENT RATE IF DIFFERENT
1.1 You shall make an order by telephone, facsimile, or via our websites. In the placing of an order, you are deemed to have read and accepted the terms detailed below.

1.2 Where an order is made by telephone, we do not require written confirmation of such an order. If you do send written confirmation of an order, please ensure that the order is clearly endorsed ‘confirmation'. Failure to so endorse the confirmation will result in the order being duplicated. You will then be responsible for settlement of the duplicated order in full. If the duplicated order is not required, it will be subject to our terms under clause 6 ‘Returns’ below.

1.3 All orders which are accepted by us shall be subject to these Conditions.
 2) PAYMENT & REFUNDS
2.1 Payment is due at the time of submitting the order and, by making a payment, you are confirming that you have read and accepted these terms of business.

2.2 Payments for Internet orders are processed on our behalf by a Transaction processor. We never have access to your card details if you pay online as these are not provided by the transaction processor.

2.3 There are no additional charges for payment by any method.

2.4 Telephone orders are accepted and, by quoting your credit or debit card details to us, you are agreeing to us authorising and charging your credit/debit card account with the amount of the transaction. If the transaction fails we will contact you by phone within 24 hours (usually within 3). We will not charge your card without your express consent. We do not store credit card details nor do we share customer details with any third parties.

2.5 Prices quoted are inclusive of VAT where relevant at the prevailing rate and current at the time of going to press where applicable. While every endeavour will be made to maintain them at their present low level, we reserve the right to effect changes without prior notice (including, in particular, in the event of exchange rate variations and VAT rate).

2.6 Refunds will only be made to the credit or debit card or Paypal account the original payment was taken from and will not exceed the amount of the original transaction, but maybe less if we have had to make a charge for refurbishment in accordance with the terms of section 8 - Warranty. Costs incurred in shipping your order such as postage and packing are not refunded unless we are required to do so under EU/UK legislation changes.

2.7 Monies will be refunded promptly but the refund may take several days to arrive in your account. This is outside our control.

2.8 REFUND POLICY ON UPGRADES, CUSTOMISING AND PART EXCHANGES. Please note that there is no refund option on either firmware upgrade (reprogramming), recable, rechip, special versions/one-offs or part exchanges as this only applies to off-the-shelf tuning products within 30 days of original purchase. The product warranty will also only apply from the original date of purchase so won't be extended by any upgrade, recable, rechip or part ex. The distance Selling Regulations DO NOT apply to items not on general sale and which have been produced or modified at the customers request or consent.
 3) OWNERSHIP OF THE GOODS
3.1 Ownership of the Goods delivered or to be delivered by us will only be transferred to you when you have paid cash or cleared funds in payment of all sums owed to us in respect of the Goods.

3.2 Until payment has been received, you must store the Goods in such a way that they are clearly our property.

3.3 Until ownership has passed to you, we retain full legal and beneficial title to the Goods and reserve the right at any time to require you to deliver up the Goods to us and, if you fail to do so forthwith upon our request, to enter upon any of your premises or of any third party where the Goods are stored and repossess the Goods.

3.4 Nevertheless you shall be entitled to sell the Goods either in their original state or incorporated into other products acting as our agents, but in these circumstances the title to the Goods shall remain with us, and you shall remain fully accountable for the proceeds of the Sale thereof. 

3.5 If your payment is subject to chargeback by your credit card provider or bank at any time after delivery, the title to the Goods will remain with us until they are returned. If the Goods are not returned and having proof of delivery to your address, we may commence legal action to recover either the Goods or the amount originally invoiced.
 4) DESPATCH OF GOODS AND DELIVERY
4.1 We shall despatch Goods by Royal Mail First Class 'Signed For'. Special Delivery or Carrier to UK based customers (for Export see paragraph 5).

4.2 Goods are normally despatched within 3 days of receipt of order subject to availability. No guarantee is offered to despatch on the same day if Special Delivery is the delivery method, though we always aim for same-day despatch of orders where possible.

4.3 Carriage, unless otherwise shown, is extra and will added to your basket at the checkout.

4.4 All delivery methods will require a signature upon delivery. Tracking number will be available upon request.

4.5 Time for delivery shall not be of essence to this Agreement. We shall use reasonable endeavours to deliver by the date specified but we shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused and you hereby waive irrevocably all your rights and remedies (if any) in respect of any loss or damage suffered or incurred directly or indirectly as a result of any late delivery of the Goods.

4.6 We shall endeavour to notify you by email or telephone if a protracted delay in delivery of an item is expected, such as may be due to component delivery delays or other factors outside our control.

4.7 Goods are only despatched to the card holder's registered address. We may, if requested by you in writing, despatch to a place other than the card holder's address but accept no liability for non delivery.   

4.8 You must contact us within 10 working days of placing the order if you have not received it (UK only).
5) EXPORTS
5.1 Freight and insurance is charged extra at cost and goods will be sent only by Royal Mail with insurance to the value of the goods.

5.2 The transit time is outside of our control and maybe subject to customs delays. Please allow up to 30 days. 

5.3 We only ship outside of the UK for personal import and it is entirely a matter for you to ensure that the goods imported do not contravene local laws and regulations.

5.4 You may be liable for local customs dues and taxes and these are entirely a matter outside our control and not included in the amount charged.
6) RETURNS AND 30-DAY MONEY GUARANTEE
6.1 Other than Goods returned under warranty in accordance with clause 8 or for shortages or damages reasons may be rejected and returned within 14 days under the terms of the Distance Selling Regulations. However, ordinarily, we will accept goods returned for refund within 30 days of the date of delivery .

6.2 Any item returned for refund must be in as-new condition and returned postage paid. If the item is damaged, a charge of up to 10% of the item selling price may be levied to cover refurbishment and testing. Costs incurred in shipping your order such as postage and packing are not refunded unless current legislation requires us to do so. We are not liable for the costs of returning the item to us unless we sent the wrong item.

6.3 If there are shortages or damages to the Goods occurring in transit, you must notify us within 3 days from the date of delivery, giving full details of any such shortages or damages and you must return the Goods to us together with all packaging. Within that time all parcels delivered to you in a damaged condition should be returned to us forthwith.

6.4 In all cases where the Goods are to be returned, you must advise us prior to their return and quote the delivery note, invoice or payment transaction number.

6.5 Where we accept that there has been a shortage in Goods dispatched or the Goods have been damaged in transit, we shall replace such Goods at the previously invoiced price.

6.6 Order Cancellation: On no account can cancellation be accepted for items ordered specially by us on your behalf or produced to your specific requirements.
7) COPYRIGHT. DESIGN. TRADEMARKS AND PATENTS
7.1 Products offered for sale may be the subject of patents, copyright, design, trademark or other intellectual property rights. We make no representation or warranty as to whether your use of or dealing with the Goods (or any part or component thereof) either will or will not infringe such rights. Without limiting the generality of this statement, we do not grant nor purport to grant to you any licence, permission or authority in respect of such rights and you acknowledge and agree to satisfy yourself in respect of such matters. We accept no liability for infringement of any such rights.

7.2 Reproduction in part or whole of any documentation, catalogue or web page or part thereof without our prior written consent is strictly prohibited. 

7.3 All brands are the property of Ronian Ltd are trademarks whether or not registered with the IPO. You may not attach or appropriate these to any other product without risk of legal action for damages under 'passing off' legislation. Such action may be commenced by us at a time of our choosing. False claims about our products such as any being a copy are Malicious Falsehoods under Libel Law and perpetrators are open to legal action for damages. Any such claims made apparently anonymously on social networking sites and forums will not prevent us from taking such action.
8) WARRANTY
8.1 Unless otherwise specified and subject to clauses 8.2 and 8.3, the Goods are guaranteed free from defect caused by faulty materials or workmanship for a period of twelve months from the date of despatch (the ‘Guarantee’). Some items may have a longer guarantee period of up to 5 years or longer and this will be stated in the item description. Where not stated, the guarantee will be 12 months or the minimum required by statute.

8.2 The Guarantee in clause 8.1 is given provided that:

(a) We are promptly notified in writing upon discovery by you that the Goods are defective due to faulty materials or workmanship;

(b) the Goods in question to which the claim refers are returned to us within the relevant guarantee period, suitably packed, carriage prepaid and accompanied with proof of purchase (delivery note, invoice or payment transaction number) and details of the nature of the defect; and

(c) examination by us of the Goods in question confirms that the alleged defect has not been caused by misuse, neglect, method of storage, faulty installation, handling, testing or repair, alteration or accident or by any other cause listed in clause 8.3(b)(i) to (iv) below.

8.3 We are not liable under this Guarantee:

(a) if the total price for the Goods has not been paid by the Due Date; or

(b) for any defect arising from:

(i) fair wear and tear, wilful damage, negligence, misuse, failure to install in accordance with the instructions, or repair of the Goods without our approval

(ii) any use of or dealing with the Goods in a manner which could not reasonably be expected having regard to their normal purpose;

(iii) any use of or dealing with the Goods in conjunction with any other item where such item causes or gives rise to the alleged defect; or

(iv) any use of the Goods which is not in accordance with the manufacturer's operating or user instructions or from any failure to service or maintain the Goods in accordance with the manufacturer's instructions.

8.4 The Guarantee shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with your order for the Goods.

8.5 Software programs are supplied by us on the strict understanding that the licensor/supplier of the software does not guarantee the contents of the software to be free from errors, bugs or omissions.

8.6 Our liability under the Guarantee shall be limited to replacing, repairing or issuing credits at our option for any Goods returned within the Guarantee Period.

8.7 Your statutory rights are not affected by the terms in this document.
9) LIMITATION OF LIABILITY
9.1 Subject to clauses 9.3 and 9.4 below and as otherwise expressly provided in this Agreement, all warranties, conditions or other terms whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. In particular, we make no representation or warranty that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. We endeavour to ensure that the information in our documentation and web pages is accurate, but claims as to performance are quoted as an example and are not guaranteed. You acknowledge and agree that you have relied upon your own skill and judgement in selecting the Goods and deemed them suitable for their intended use by you.

9.2 Subject to clauses 9.3 and 9.4 and to the Guarantee given in accordance with clause 9.1 and to the full extent permitted by law, we exclude all liability for any loss, damage or expense howsoever suffered or incurred by you as the direct, indirect or consequential result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and you hereby irrevocably waive all rights and/or remedies (if any) which you may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods.

9.3 Clauses 9.1 and 9.2 do not apply where you deal as a consumer in accordance with section 12 of the Unfair Contracts Terms Act 1977 and to the extent that such exclusion is not permitted in accordance with the provisions of that Act. Your statutory rights remain unaffected by anything in these Conditions.

9.4 We shall not be liable for incidental or consequential damages for any breach hereof, including but not limited to costs of removal and re-installation of Goods, loss of goodwill, loss of profits or loss of use.
10) DATA PROTECTION ACT, SECURITY AND PRIVACY
10.1 Information provided to us will only be used to manage your account.

10.2 We do not store credit card details nor do we share customer details with any third parties.

10.3 We undertake to never disclose any of your details to a third party except as required by law and requested by the authorities.

10.4 We do not send out marketing or other emails, nor will we pass on your email address to any third parties.

10.5 Every effort is made to ensure the security of our computer system and to prevent unauthorised access by third parties.
11) MISCELLANEOUS
11.1 We reserve the right to discontinue any product, or make design changes to product specifications, or use different suppliers or manufacturers to those stated, without prior notice, as part of our continuous process of product and service improvement, or to improve product availability. The information contained in our documentation and web pages is correct to the best of our knowledge at time of going to press. All images are used for illustration purposes only and all trademarks acknowledged.

11.3 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.

11.4 We shall not be liable to You for any delay or failure to perform any of our obligations hereunder which is due to causes or circumstances beyond our reasonable control, including (without limitation to) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.

11.5 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.

11.6 We reserve the right to randomly monitor and record inbound and outbound calls.

11.7 No delay, neglect or forbearance on the part of either party in enforcing its rights or any of them against the other shall be construed as a waiver or in any way prejudice any of its rights hereunder.

11.8 If health and safety data is not supplied with all products. further information is available upon request.

11.9 This Agreement shall be governed by and construed in accordance with the laws whose courts shall have exclusive jurisdiction in connection with any dispute arising out of or in connection with it.
© RONIAN LTD E&OE 2005-2016
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