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Terms & Conditions

Version: 1.01, last updated: 21.06.2018
Article 1 - PURPOSE
The General Terms and Conditions of Sale (hereafter GTCS) will apply to all sales of goods and services by MagnaSoft Systems SRL via the web page www.magnatuning.com to the Buyer and may be modified with the express written consent of both parts.

In this GTCS, the following terms will mean:

"Buyer": person, firm, company or other legal entity issuing an Order.

"Seller": MagnaSoft Systems SRL, with headquarters in Gheorgheni, Gorundului str. no. 3, registration id J19/822/2005, tax id RO17872004.

"Goods and Services": any project, equipment, material and/or part of it or service, including the documents and services mentioned in the Order or otherwise related thereto to be provided by the Seller to the Buyer.

"Order": an electronic document that acts as a form of communication between the Seller and the Buyer through which the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive these Goods and Services and make their payment.

"Contract": an Order confirmed by the Seller.

"Intellectual Property Rights" (hereafter IPR): all non-material rights such as know-how, copyright, database rights, design rights, model rights, patents, registered trademarks and domain name registrations for any of the above.

"Specifications": all specifications and / or descriptions of Goods and Services as specified in the Order.
Article 2 - CONTRACTUAL DOCUMENTS
By placing an order on the above-mentioned web site either electronically or via phone, the Buyer agrees with the form of communication (such as telephone or email, but not limited to) through which the Seller carries out its operations.

The order will be composed of the following documents, in order of importance:
1) The order (together with clear details about delivery and billing) and its specific conditions
2) Buyer specifications (where applicable)
3) GTCS

If the Seller confirms the order, this will imply the full acceptance of the GTCS. Acceptance of the order by the Seller is considered to be completed when there is a verbal (phone) or electronic (email) confirmation from the Seller to the Buyer, without requiring a receipt from the Buyer. The Seller does not at any time consider an unconfirmed order as having the value of a Contract.
In the case of products not in the Seller's stock, the Seller may require an advance payment from the Buyer to confirm the order. The order is accepted by the Seller only after receiving the advance payment from the Buyer.
For international orders it will be required to pay the full value of the order in advance (including the shipping costs). The order is accepted by the Seller only after receipt of the order value from the Buyer.
Article 3 - VALIDITY
This Agreement becomes effective upon confirmation of the Order by the Seller. Confirmation is made by phone or e-mail. The General Terms and Conditions of Sale will form the basis of the Contract thus concluded.
Article 4 - EXTENSION OF SELLER OBLIGATIONS
4.1 The Seller will use his professional and technical knowledge to achieve the result stipulated in the Order and deliver the Goods and Services that meet the Buyer's requirements, needs and specifications;

4.2 The information presented on the Seller's website is only informative and may be modified by the Seller without prior notice. Also, for reasons of space and consistency of the information structure, product descriptions may be incomplete - but the Seller makes efforts to present the most relevant information in order for the product can be used in the parameters for which it was purchased;

4.3 The pictures present on the web site are informational only, the final product delivered may be slightly different from the presentation picture;

4.4 All parts are delivered unpainted and not primed - unless explicitly stated otherwise. Parts made of carbon fiber or those made of ABS plastic with a glossy surface do not require painting. Parts made of fiberglass, ABS plastic with a matte surface or those covered with carbon foil require painting;

4.5 The wheels are offered without tires. The Seller does not guarantee the supply of fitting kits for wheels (such as screws / nuts, centering rings) for every type of car or every wheel brand / model;

4.6 TUV certificates are delivered only for products that have these and only for purchases from countries that require them for registration (Germany, Austria, Switzerland);

4.7 Communicating with the store - you can do it by interacting with it, communicating through the "Contact us!" section. Posts containing inappropriate language will be ignored. The Seller has the freedom to manage the information received without having to justify his actions;

Article 5 - ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and / or contract a third party for services that comply with the order, with the Buyer being informed, and the Buyer’s consent is not being required. The Seller will always be liable to the Buyer for all contractual obligations.
Article 6 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)
The Buyer understands the intellectual property right and will not disclose to any third party or make public (via the Internet or media) any of the information received from the Seller.
Furthermore, the web site's name, graphics, product descriptions, technical features, images, texts, symbols, or any information on the web site may not be reproduced, copied, or used without the written permission of the owner. For reporting IPR issues, you can use the company's email address, displayed on the main page of the web site.
Article 7 - CONFIDENTIALITY - ADVERTISING
All plans, documents and information of any kind provided by the Seller to the Buyer, will remain the property of the Seller. They can be used only for the execution of the contract and can be made known only with the written consent to the Seller and after receiving a confidentiality commitment from the recipient.
No public statement, promotion, press release, or other disclosure to third parties will be made by the Buyer with respect to the order without the consent or will of the Seller.
Article 8 - TERMS, PENALTIES
If the delivery and / or commencement of the Order cannot be fulfilled, the Seller is obliged to notify the Buyer of the estimated delivery completion time.
In the case of products available only on order the Seller communicates, at the request of the Buyer, only approximate terms. For such orders, the Seller can not guarantee fixed delivery times.
If the Buyer is late to pay the goods within the term specified in the Seller's invoice, the Buyer is liable to pay a penalty of 0.5% per day of the amount due.
If the Seller receives erroneous information about the order, billing, or delivery of the products, a new order term will be set.
Article 9 - PRICES - BILLING - PAYMENTS
The prices presented on the web site are displayed in RON, EURO, USD or GBP, depending on the selected currency, and contain VAT. The prices displayed to not include delivery costs, these will be supported separately by the Buyer. The final price, method of delivery, details about the payment will be communicated to the Buyer upon confirmation of the Order. The Seller will issue to the Buyer an invoice for the Goods and Services delivered, the Buyer's obligation being to provide all the information required to issue the invoice in accordance with the legislation in force. Promotional offers presented on the web site are available only within the available stock limit.
Article 10 - RISKS AND RESPONSIBILITIES
10.1 Delivery

The Seller is responsible to deliver the Goods and Services in a door-to-door system to the Buyer in case of deliveries on road within the European Union.
The Seller is responsible to deliver the Goods and Services in a door-to-airport system to the Buyer outside of the European Union, respectively in case of bulky deliveries via airplane.
Deliveries are carried out according to the terms and definitions described in INCOTERMS.

10.2 Taxes

In the case of shipments outside of the European Union, the Buyer is liable to pay any import tax that may apply, in accordance with the legislation in force in the country of destination.
In the case of shipments delivered in door-to-airport mode, depending on the destination, the customer may be required to pay local taxes set by the destination / receiving airport.
The Seller cannot pay any taxes that are charged at the destination and cannot influence their value.

10.3 Shipping - Packaging

Unless otherwise agreed by the Seller and Buyer, the Seller shall discharge the risks and responsibilities associated with the Goods and Services when handed over to the courier company with which the Seller cooperates or to the Buyer's representative.
The Seller will ensure the proper packaging of the Goods and Services and will ensure the transmission of the accompanying documents.

10.4 It is the Buyer’s responsibility, when the products are being delivered by the shipping company, to check whether the goods ordered are damaged. Verification of the above will be done by the Buyer in the presence of the courier, and if he finds that the goods ordered are damaged, he / she is obliged to refuse the receipt and to complete a verbal processing together with the courier agent at the moment of delivery (and not later), without signing for correct delivery. Otherwise, the Seller cannot be held liable for the delivery of the damaged property.
The Seller does not accept any further claims for possible damages without the completed damage report at the time of delivery and also signed by the courier agent.

10.5 The Buyer - being a person residing in the European Union, benefits from the legal right of returns only after payment of the order and of the related shipping costs, if any. The Seller does not guarantee return rights for Buyers who are legal entities. Exports outside the European Union are final and therefore are not subject for returns to the Seller.

10.6 The Seller does not guarantee that the products sold for motor vehicles can be used 100% legally on public roads in all countries. The products are sold for demonstration purposes. The Buyer has the obligation to verify with the local authorities the lawful use of the products on public roads.

10.7 The Seller cannot guarantee that all products sold for cars have a perfect fit on the vehicle, these being "aftermarket" parts. Parts may require minor adjustments, sanding, modifications upon mounting. Installation of the products shall be done only in authorized services that had experience in installing “aftermarket” parts.

Article 11 - ACCEPTANCE, RETURNS
Acceptance will be made when the Goods and Services conform to the technical characteristics mentioned in the Order. If the Buyer discovers that the Deliverables or the Services provided do not comply with the technical specifications, then the Seller will bring the Products and Services into compliance within a maximum term equal to the Execution Term of the Order, without imputing to the Buyer any costs related to these operations.
The Buyer (being a person from within the EU) has the right to unilaterally denounce the Contract within 14 days of the receipt of the goods, in such case the Buyer shall receive within 30 days of unilateral denunciation in writing (document signed by the Buyer and transmitted electronically or by mail with acknowledgment of receipt) the price of the Contract (excluding transportation costs) subject to the return of Goods and Services. The Seller has the right, when considering the Buyer's actions to have bad intent to claim damages to Buyer, under the terms of the law.
The Buyer may not unilaterally terminate the following types of contract, unless otherwise agreed by the parties: a) contracts for the supply of products made to the consumer's specifications or distinct personalized products; b) contracts which, by their nature, cannot be returned or that can be degraded or damaged rapidly.
The Buyer exercising the right to terminate the contract unilaterally has the following obligations: The products will be shipped together with the purchased components or accessories, in their original packaging in perfect condition. All objects must have the appearance identical to the one they had when received and, where appropriate, have intact seals or not show any traces proving operations forbidden by the manufacturer or supplier on the products (for example dismantling the case of an electronic devices, changes to some settings, components, electronic assemblies, changes in the electrical circuit, painted or modified by the Buyer, and so on). Products belonging to a limited series are considered customized products and cannot be unilaterally denounced by the Buyer. Customized products at the Buyer's request, such as rims where the holes or the ET are made individually at the Buyer's request, cannot be returned. At the same time, products that have been supplied on a "special order" cannot be returned (SPECIAL ORDER is defined as the list of products ordered by the Buyer which are not in the Seller's usual stock, but which can be delivered on a firm order and payment of an advance if applicable, in terms agreed by the parties). The value of the Seller's monetary obligations to the Buyers may not exceed the amount of the payments received from the Buyer. The Buyer cannot claim any moral or material damage beyond these amounts.
For all car styling items, a trial-fitting is mandatory before painting the products. The Seller does not accept the return of modified, scratched, foiled or painted parts!
The return of products is only accepted for individuals from within the European Union who have purchased products from MagnaSoft Systems SRL. The return of the products can be done exclusively by courier services (and not by regular post) or coming directly to the Seller to the indicated work point, but not before completing a return form, to receive acceptance from the Seller. The value of the returned products will be reimbursed to the Buyer using the same means of payment that was used to pay the Purchase Order. The Buyer is required to provide the Seller with all the necessary data so that the Seller is able to reimburse the required amounts.
The Buyer is responsible that within 14 days from the moment of receipt of the products, the Buyer will notify the Seller in writing of any problems regarding the products received! The Seller does not accept complaints made after this period - of course, apart from warranty issues.
Article 12 - WARRANTY
The warranty on new products is usually 12 months, unless specified otherwise. The average use of new products is usually 24 months, unless specified otherwise. No warranty is given for products that do not have mechanical or electrical components. Also, consumables do not benefit from warranty.
Shipping costs and other costs for products returned under warranty will be borne by the Buyer.
Article 13 - TRANSFER OF PROPERTY
Property on the Goods and Services will be transferred at the time of payment by the Buyer at the location indicated in the order (delivery meaning - signing of the receipt of the transport document provided by the courier or the signing of the invoice in the case of deliveries made by the Seller's staff). In the case of deliveries by courier, the courier is not authorized by the Seller to allow the Buyer to open the packages before signing for the delivery, but only after signing the delivery and completing the payment for the value of the goods if it is the case. The Seller cannot be held responsible for the contents of the shipped packages unless there is a document concluded by the Buyer and the courier's representative who made the delivery.
Article 14 - COMPLIANCE WITH LAWS AND STANDARDS
The Seller will comply with all applicable laws, regulations and ordinances applicable to its contractual achievements, including without limitation the manufacture, assembly, handling, transport, storage, packaging or delivery of Goods and Services.
Article 15 - LIABILITY
The Seller may not be liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's fulfillment of any of its obligations according to the Order and for damages resulting from the use of the Goods and Services after delivery and especially for the loss of products.
The Seller will be liable if the subcontractors and / or partners of any kind involved in the execution of the Order do not fulfill any of the contractual obligations.
Article 16 - VIOLATION - TERMINATION
If the Seller does not fulfill his obligations, the Buyer will notify the Seller of such non-fulfillment. An action plan will be validated between the Parties within 10 business days of notification.
The Seller reserves the right to cancel the Orders where the products were not picked up by the Buyer within 60 days after arriving at the Seller's stock or where the products could not be delivered within 60 days at the address mentioned in the Order. Orders for which an advance payment was made but could not be shipped out to the Buyer within 60 days because the final amount has not been paid by the Buyer will be also canceled by the Seller. All payments made in advance by the Buyer for the Order will be considered storage / shipping fees and these amounts will not be refunded.
The Seller reserves the right to cancel the orders for which, for various reasons, one or more of the ordered products cannot be delivered. In such cases, the Seller shall refund the Buyer any amounts paid in advance for the order. The Buyer cannot claim from the Seller any amounts other than those paid in advance by the Buyer for that order.
The unilateral cancellation by the Buyer prior to the completion of the order leads to the loss of the amounts already paid by the Buyer.
Article 17 - FORCE MAJEURE
Neither party shall be liable for not executing its contractual obligations if such non-execution is due to a force majeure event. Force majeure is the unpredictable event beyond the control of the parties that cannot be avoided.
Article 18 - APPLICABLE LAW - JURISDICTION
This Contract is subject to Roman and European law. Any litigation arising out of the execution of this agreement will be settled amicably, and if no agreement is reached in this way, the competent courts of the Seller's premises will be seized.
Article 19 - COOKIES POLICY
This website uses cookies. By using this website and agreeing to this policy, you consent to MagnaSoft Systems SRL's use of cookies in accordance with the terms of this policy.

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This web site may use own cookies and also 3rd party cookies. These are, for example, but not limited to:
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All modern browsers allow you to refuse cookies, this can be done usually from "Options" or "Preferences" menus. Blocking cookies may have a negative impact upon the usability of this web site.

More information about cookies can be found here: https://en.wikipedia.org/wiki/HTTP_cookie
Article 20 - Data Protection Policy (GDPR)
By accepting the General Terms and Conditions of Sale (GTCS), the Buyer also accepts the Data Protection Policy. The Data Protection Policy can be consulted here: https://www.magnatuning.com/en/privacy
Article 21 - MISCELLANEOUS PROVISIONS
If one or more of the provisions of this GTCS are in conflict with any applicable legal requirement, the provisions shall not be applied and the Parties shall strive together to agree on new provisions that comply with the spirit of the initial provisions.
The parties to the contract will be considered independent contractors and neither party is given the right or authority to assume or create any obligation on account of or to the detriment of the other. The terms and conditions of this agreement supersede any prior written or verbal agreements between the Parties regarding the subject of this Agreement and may be modified or exchanged only by written agreement signed by both parties.
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