TERMS & CONDITIONS
1. THE COMPANY
1.1 RubyTune Limited is a company registered in England with Company Registration Number 12343609 (the “Company”). The Registered Office address is 123 Harvey Drive, John Wilson Business Park, Whitstable, Kent CT5 3QY. References to RubyTune, “the Company”, “we”, “Our” and “us” throughout the Terms and Conditions refer to this Company.
“Business Day” means, any day other than Saturday or Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the purchase and sale of Services, as explained in Clause 3;
“Month” means a calendar month;
“Order” means your order for the Services, made via Telephone and / or Online;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
2. THE CONTRACT AND SERVICES SPECIFICATIONS
2.1 These Terms and Conditions govern the sale of Services by Us, via Telephone and / or Online; and will form the basis of the Contract between Us and you. Before confirming your Order, you should ensure that you have read these Terms and Conditions carefully.
2.2 Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
2.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email, Facebook Messenger, Google or via Phone Message.
2.4 We have made every reasonable effort to ensure that the service we provide delivers the results as described, however by the nature of software We cannot, guarantee that all descriptions will be precisely accurate. Nothing, however, excludes Our liability for mistakes due to negligence on Our part.
2.5 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
2.6 We reserve the right to make any changes in the specification of the software that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
3.1 These Terms and Conditions will be binding between the Company and you, the customer, upon booking your vehicle in for work with us. Where you, the customer, are a consumer, these Terms and Conditions do not affect your statutory rights.
3.2 We need certain information from you, which is necessary for us to provide Services. Examples include the vehicle registration number, make, model and engine capacity of your vehicle. If you have not provided this information prior to your appointment, or if the details are incorrect, we will not be liable for any delay or non-performance.
3.3 It is the customer’s responsibility to ensure the vehicle is in correct working order without underlying faults. We make no representations or warranties that the Services we supply will not cause damage to your vehicle, owing to, but not limited to, an underlying fault or poor servicing. Prior to carrying out any software tuning to a vehicle, we will carry out a basic inspection. We do not make any representations or warranties that this inspection will identify all underlying defects of your vehicle which may cause your vehicle to fail after software tuning has been carried out. In circumstances where the condition of your vehicle is such that we advise you, that the carrying out of Our Services may cause damage to your vehicle over time, and you chose to proceed with Our Services, you do so at your own risk. We may advise that you do not proceed if your vehicle has a high mileage or has been poorly maintained. Where an advisory notice is documented on this invoice, we accept no liability for any damage caused, directly or indirectly, to your vehicle, or any financial loss or expenses incurred by or imposed on or in connection with your use of Our Services.
3.4 We make no representations or warranties that Our Services will not expose or exacerbate a previously unknown fault or weakness with your vehicle, which may ultimately lead to an engine failure.
3.5 We make no representations or warranties that the use of Our Services will not invalidate any manufacturer or third party warranty you may currently have in place.
4 PRICE AND PAYMENT
4.1 The Price of the Services will be that given by Our salespeople at the time of your Order.
4.2 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
4.3 All Prices include VAT unless stated separately. If the rate of VAT changes between the date of your Order and the date of your payment, We will honor the original agreed price.
4.4 We accept the following methods of payment:
4.5.1 Credit or Debit Card;
4.5.3 Finance arranged via ourselves as licensed credit brokers.
4.5.4 Credit and/or debit cards will be charged upon satisfactory completion of the work.
4.5.5 Finance will be arranged and approved beforehand.
5. IF THERE IS A PROBLEM WITH THE SERVICES
5.1 In the unlikely event that there is any defect with the Services we provide:
5.1.1 contact us and tell us as soon as reasonably possible;
5.1.2 give us a reasonable opportunity to repair or fix any defect; and
5.1.3 we will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 30 days.
5.1.4 You will not have to pay for us to repair or fix a defect with the Services under this clause where the defect is a result of the Services we have provided.
5.1.5 We will not accept liability for any work carried out by a third party in circumstances where you have not afforded us the opportunity to rectify any defect in accordance with clause 5.1.1.
5.1.6 As a consumer, you have certain legal rights with respect to the purchase of Services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request we undertake that service again or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request we undertake that service again or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat service. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services.
6. OUR LIABILITY TO YOU
6.1 If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage to a vehicle (or its accessories or contents) that is a foreseeable result of Our breach of the Terms and Conditions or as a result of Our negligence. We are not responsible for any loss or damage that is not foreseeable.
6.2 We are not liable for any costs associated with recovering a vehicle that has broken down.
6.3 Where you are a consumer, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.4 Subject to clause 6.5, Our liability to you for any direct loss, damage, cost or expenses shall be limited to the price you have paid for the Services that we have carried out on your behalf
6.5 We do not exclude or limit in any way Our liability for:
6.5.1 death or personal injury caused by Our negligence.;
6.5.2 fraud or fraudulent misrepresentation;
6.5.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
6.5.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
7 YOUR STATUTORY RIGHT TO CANCEL THE SERVICES
7.1 As a consumer you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Contract between you and Us is formed. You may cancel your Contract with Us for any reason under this right. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before the Services begin, sub-Clause 7.2 will not apply.
7.2 As noted in sub-Clause 7.1, if you have requested that the Services begin within the 14 Calendar Day cancellation period your statutory right to cancel may be limited or lost. By requesting that the Services begin within the statutory cancellation period you acknowledge and agree that:
7.2.1 If the Services are fully performed within the 14 Calendar Day cancellation period, you will lose your right to cancel after the Services are fully performed.
7.2.2 If you cancel the Services after they have begun but are not yet complete (where applicable) you will be required to pay for the Services supplied up to the time at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that you have already paid shall be refunded subject to deductions calculated in accordance with the foregoing.
7.3 If you wish to exercise your right to cancel, you must inform Us of your decision. You may do so in any way that is convenient for you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 7.1 expires (note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted), please contact Us by:
7.3.1 By telephone on 07771 514402;
7.3.2 By email on email@example.com.
7.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Services; however, you are under no obligation to provide any details if you do not wish to.
7.5 Refunds under this Clause 7 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
7.6 Refunds under this Clause 7 will be made using the same payment method you used when ordering the Services [unless you specifically request that We make a refund using a different method].
8. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
8.1 If we have to cancel a booking for Services before the Services start:
8.1.1 We may have to cancel a booking before the start date for the Services, due to an event outside Our control or the unavailability of key personnel without which we cannot provide the Services. We will promptly contact you if this happens.
8.1.2 If we have to cancel a booking under clause 8.1.1 and you have made any payment in advance for Services that have not been provided to you; we will refund these amounts to you.
8.1.3 Where we have already started work on your vehicle by the time, we have to cancel under clause 8.1.1, we will not charge you anything and you will not have to make any payment to us.
9.1 We provide a one (1) year warranty on the software against any bugs, corruption, or necessary updates, necessary means as recommended for safety reasons, by the supplier of the software we install.
9.2 We provide a money-back guarantee which is valid for fourteen (14) calendar days following and including the day the work was carried out for ECU software upgrades. Any refund issued under the guarantee is subject to an £85 plus VAT call-out and installation fee.
9.3 No money-back-guarantee is given after the installation of xHP gearbox software, RubyTune is simply an installer of this software and cannot provide a refund if you the customer isn’t happy with the results after the 24 hour trial period.
9.4 We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10. INFORMATION ABOUT US AND HOW TO CONTACT US
10.1 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning us on 07771 514402 or by e-mailing us at firstname.lastname@example.org
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.2 We may use your personal information to:
11.2.1 Provide Our Services to you;
11.2.2 Process your Order (including payment) for any Services; and
11.2.3 Inform you of new Services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
11.3 In certain circumstances (if, for example, you wish to purchase our Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 2018 and should use and hold your personal information accordingly.
12.1 We may amend these Terms and Conditions periodically.
12.2 We are not responsible for loss or damage to vehicles or other property whatsoever or however occasioned, except when such loss or damage is caused by the sole negligence or deliberate act of the Company or its employees. Under no circumstances will the Company accept liability for loss or damage outside its control for any indirect loss, consequential loss, loss of profits, loss of business, loss of use or any special loss.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce Our rights against you, or if we delay in doing so, that will not mean that we have waived Our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.6 Governing Law
These Terms and Conditions are governed by English law.
12.7 Force Majeure
Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing or failure to perform, any of its obligations under Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.
12.9 No Partnership
Nothing in these Terms and Conditions are intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
A waiver of any right or remedy under these Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be:
(a) sent by email to email@example.com
12.12 Entire agreement.
The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in the Contract.
Nothing in this clause shall limit or exclude any liability for fraud.
12.13 Third parties rights.
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
12.15 Governing law
The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
12.16 If your vehicle is purchased through a finance plan, such as Personal Contract Purchase (PCP) or Hire Purchase (HP), that you are the ‘keeper’ and not the ‘owner’ of said vehicle. You are therefore contractually obliged to contact your lender and obtain written permission from them for any non-standard modifications.
12.17 You are Legally obligated to inform your vehicles Insurer of any modifications made to your vehicle as Insurers can, at their own discretion, revoke or void an insurance policy if they are not informed of said.