Warranty and Refund Policy (Algemene Voorwaarden)

Introduction and Definitions

These General Terms and Conditions (“Terms”) govern all sales of automotive electronics and parts by ECU Marketplace, located at Argon 16 B11, 4751XC Oud Gastel, Netherlands (“Seller”). In these Terms, “Buyer” refers to any garage, repair shop, or customer purchasing products from us for professional use. By placing an order, the Buyer acknowledges and agrees to these Terms in full. These Terms are intended for business-to-business (B2B) transactions; therefore, consumer-specific rights (such as statutory cooling-off periods) do not apply unless required by law. Buyer confirms that they are purchasing for business purposes. If Buyer is a consumer, please contact us before purchase, as different legal provisions may apply.

Orders and Acceptance

• Offer and Acceptance: All quotations and product listings by Seller (including prices and specifications) are non-binding and subject to change. An order from Buyer constitutes an offer to purchase. The contract of sale is only final when Seller confirms the order and payment is received. Seller reserves the right to decline or cancel any order at its discretion without stating a reason. In case of cancellation by Seller, any payment already made will be refunded (this is the only circumstance where a refund is guaranteed).

• Prepayment: Unless otherwise agreed in writing, full payment is required in advance before goods are shipped. Orders will not be processed or shipped until payment in full is received. If payment is reversed or declined, Seller may cancel the sale and Buyer will have no claim to the products.

• Pricing: Prices are listed in Euros (or as stated) and exclusive of any taxes, duties, or shipping costs unless noted otherwise. If a pricing error is identified after an order is placed, Seller will inform Buyer, who may choose to reconfirm at the correct price or cancel for a refund.

Shipping, Delivery, and Risk

• Delivery Time: Seller will arrange shipment as soon as reasonably possible after payment is received. Any delivery times provided are estimates, not guaranteed deadlines.

• Shipping Method: Buyer is responsible for providing an accurate and complete shipping address. If a shipment is returned due to Buyer’s error, Buyer will bear re-shipment costs.

• International Shipments: Buyer is responsible for any import duties, taxes, or customs charges.

• Risk of Loss: All shipments are FOB origin unless agreed otherwise. Risk passes to Buyer upon delivery to the carrier.

• Title Retention: Ownership remains with Seller until full payment is received.

Inspection and Acceptance of Goods

• Immediate Inspection: Buyer must inspect goods immediately upon delivery.

• Damage or Discrepancy Reporting: Any issues must be reported in writing within 5 days of delivery.

• Return Authorization: Returns require a Return Merchandise Authorization (RMA). Unauthorized returns will not be accepted.

Warranty Terms

• Standard Warranty Period: Unless stated otherwise, all products carry a standard warranty of 3 months from delivery, covering defects in materials or workmanship under normal use. Some items may have shorter or longer warranties, which will be specified in the product listing.

• Scope of Warranty Coverage: If a product is found defective under normal use within the warranty period, Seller will repair or replace it. Refunds are only given if repair or replacement is not possible.

• Warranty Claim Procedure: Buyer must notify Seller in writing within 7 days of discovering the defect and within the warranty period. Claims require an RMA and the product may need to be returned for inspection.

• Warranty Limitations: This warranty does not cover installation errors, misuse, incompatibility, external damage, modification, or normal wear and tear. No labor, diagnostic, or programming costs are covered.

• Warranty Void Conditions: Burnt components, water damage, physical damage, tampering, broken seals, or unintended use void the warranty.

• No Other Warranties: This warranty is exclusive and replaces all other warranties, express or implied.

Returns and Refund Policy

• All Sales Final: All sales are final; no returns or refunds are accepted except under a valid warranty claim.

• No Returns on Electronics: Due to the nature of automotive electronics, no returns are accepted once delivered, except in approved warranty cases.

• No Refunds on Installed/Used Parts: Installed, used, or altered items are not eligible for return.

• Order Cancellation: Orders may only be canceled before shipping and at Seller’s discretion.

• Exchange for Wrong Item: Exchanges may be considered case-by-case if the wrong part was ordered, unused, and in original condition.

• Refunds: Refunds are only issued if Seller sent an incorrect item and cannot replace it, or if a warranty claim cannot be resolved with repair/replacement.

• Unauthorized Returns: Returns without RMA will not be processed.

Customer Responsibilities and Disclaimers

• Proper Diagnosis: Buyer is responsible for diagnosing the vehicle issue correctly before ordering.

• Expert Installation: Buyer must ensure installation is performed by qualified personnel.

• No Technical Support: Seller does not provide technical support for installation or diagnostics.

• Use as Intended: Products must be used only for their intended purpose.

• Data and Programming: Programming or coding is the Buyer’s responsibility unless explicitly stated.

• Retention of Original Parts: If a core return is required, Buyer must return it within the specified time frame.

• Third-Party Repair Attempts: Unauthorized repairs void the warranty.

Limitation of Liability

• Limited Liability: Seller’s liability is limited to the purchase price of the product.

• No Consequential Damages: Seller is not liable for indirect or incidental damages.

• No Liability for Installation/Removal Costs: Labor and related costs are the Buyer’s responsibility.

• No Liability for Misuse: Seller is not liable for damage caused by misuse or third-party actions.

• Force Majeure: Seller is not liable for delays or failures caused by events beyond reasonable control.

• Product Liability: Seller is not the manufacturer and does not accept liability for original design or manufacturing defects.

Privacy and Data Protection

Seller will handle personal data in accordance with applicable laws, using it only for order processing, service, and legal compliance. Data will not be sold to third parties.

Intellectual Property and Trademarks

All trademarks and brand names belong to their respective owners and are used only for identification purposes. ECU Marketplace is an independent supplier.

Governing Law and Jurisdiction

These Terms are governed exclusively by Dutch law. Disputes will be submitted to the competent courts in the Netherlands. The CISG does not apply.

Final Provisions

• Severability: If any provision is invalid, the rest remain in effect.

• No Waiver: Failure to enforce a provision is not a waiver.

• Updates to Terms: Terms may be updated; the version in effect at the time of purchase applies.

• Entire Agreement: These Terms, together with the order confirmation/invoice, form the entire agreement.

By purchasing from ECU Marketplace, the Buyer confirms they have read and agreed to these Terms in full.