Terms of service
TERMS OF SALE
Last updated August 16, 2022
These Sales Terms apply to “the-ecu-pro.com”,” and “theecupro.com” (collectively, “the Websites”) operated by The ECU PRO LLC.
The Online Shop is owned by and operated by The ECU PRO LLC. The ECU PRO LLC is the seller of the Products and/or Services provided through the Online Shop (collectively referred to within this Agreement as “Products”)
With regard to your purchases in the Online Shop we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. Please note that these Sales Terms give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
ABOUT THESE SALES TERMS
These Sales Terms only apply to purchases made in this Online Shop. From time to time The ECU PRO LLC may change or alter these Sales Terms which will be applicable to orders placed on or after the effective date stated by The ECU PRO LLC.
Information contained in The ECU PRO LLC’s advertising, brochures or other written materials, on The ECU PRO LLC web sites or given to you, is for marketing, advertisement, and informational purposes only, do not constitute an offer by The ECU PRO LLC to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS
PLACING AN ORDER
Please note that we deliver the Products Internationally as well as within the United States.
To be able to buy Products you must:
- Provide your name and address, phone number, email address, payment details and other required information.
- Be at least 18 years of age.
- Provide a valid delivery address (Note that The ECU PRO LLC is unable to deliver to certain addresses).
- Be the owner or authorized holder of a valid debit/credit card. You may place an order by clicking on the “Add to cart” button and proceeding to the checkout page.
ORDER PROCESSING AND CONTRACT FORMATION
You agree that your order is merely an offer to buy the Products listed in your order under these Sales Terms. All orders must be accepted by The ECU PRO LLC. We may choose not to accept abnormal orders and orders which The ECU PRO LLC suspects are not placed in good faith. After having received your order, we will send you an acknowledgement email (“Your The ECU PRO LLC Order”) with your order number and details of the items you have ordered.
Acceptance of your order and the formation of the contract of sale between The ECU PRO LLC and you will not take place unless and until you have received your The ECU PRO LLC order confirmation email.
You have the option to cancel your order at any stage by contacting The ECU PRO LLC customer service by calling 1-888-723-2080 before we have sent Your The ECU PRO LLC an Order confirmation email.
PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation emails. The ECU PRO LLC may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
The ECU PRO LLC charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your The ECU PRO LLC Order. Prices for the Products do not include charges for shipping and handling.
Separate charges for tax and shipping will be itemized in your shopping cart and on The ECU PRO LLC order confirmation email.
PRODUCT AVAILABILITY AND DELIVERY, CIRCUMSTANCES BEYOND REASONABLE CONTROL
The ECU PRO LLC does not guarantee the availability of any Product in the Online Shop. The ECU PRO LLC reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.
We will provide you with the information on the latest expected delivery date which will not exceed 30 after the parts have been received at our office unless you specifically agree on a later date.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time. If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by The ECU PRO LLC.
Customer desiring to return or refuse delivery will be best serviced by receiving the delivery and following the return instructions included in the package.
The ECU PRO LLC shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
COMPATIBILITY, PRODUCT INFORMATION
When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided in the Online Shop as reference when checking compatibility. In the event of a difference between the Online Shop content and any other The ECU PRO LLC website (or any other source of information) the compatibility of Products as shown on the Online Shop at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.
Payment by credit/debit cards shall be made by a credit or debit card approved by The ECU PRO LLC. Approved credit and debit card types are listed in the Online Shop. You have to supply your payment card details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Your payment card will be charged on shipment of the ordered items. We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered Products. As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.
TITLE TO PRODUCTS
The ECU PRO LLC retains full legal title to Products until it has received all amounts due on the ordered Products.
RETURN AND REFUND, OTHER OPTIONS
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased, return the product within thirty (30) calendar days after the date of receipt of the delivery and correctly follow the instructions on the return form provided with your shipment.
Once we have received and validated your returned items, we will confirm it to you by email. Refund will be processed by us and confirmed by email.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our customer service 1-888-723-2080 by phone for assistance.
HOW TO RETURN ITEMS?
The full return process is listed under refunds.
Step One: Contact email@example.com for returns.
You must return the items in their original package.
You must include all accessories and user manuals that came in the same package.
Where an item has been purchased as a part of a bundle of multiple items, all multiple items within that bundle must be returned.
Please treat the items with care and return them in the condition that they were delivered to you.
Replacement or refund can only be processed once we have received all the items to be returned.
If you return items 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) have otherwise failed to exercise reasonable care when taking care of and returning items, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card thirty (30) calendar days after the date of receipt of the delivery.
Please note that The ECU PRO LLC will only process returns and refunds for items bought in this Online Shop.
The ECU PRO LLC’s warranty policy can be reviewed at: www.the-ecu-pro.com/policy/refunds
These Sales Terms set out the full extent of our obligations and liabilities in respect of the sale of Products.
Except for the express limited warranty for the Product purchased, The ECU PRO LLC disclaims any and all implied warranties, including but not limited to the warranty of merchantability, the warranty of fitness for a particular purpose, and/or noninfringement of the intellectual property rights of third parties, The ECU PRO LLC further disclaims any implied or express warranty of, and assumes no responsibility for, defects in workmanship caused by third parties who are not acting on The ECU PRO LLC’s behalf or modifications made to the Products by anyone other than The ECU PRO LLC or those authorized by The ECU PRO LLC. The ECU PRO LLC further disclaims all liability and damages of any kind related to use of Products in any manner which is not consistent with the Product’s intended use. These Sales Terms give the consumer specific legal rights; a consumer may have other rights depending upon where he or she lives.
IN NO EVENT SHALL THE ECU PRO LLC BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM A CLAIM BASED CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY.
THE ECU PRO’S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE AGGREGATE COST OF THE PRODUCTS PAID FOR BY YOU FOR THE PRODUCTS.
Some jurisdictions do not allow the exclusion or limitation of special, incidental or consequential damages, or limitations on how long a warranty lasts, so the above exclusions and limitations apply only to the extent not prohibited by law.
In the event that any one or more of the provisions contained in this Terms shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms, and such invalid or unenforceable provision shall be construed by limiting it so as to be valid and enforceable to the maximum extent compatible with, and possible under, applicable law.
The ECU PRO LLC customer service will assist you with any questions. You can contact us by phone 1-888-723-2080 Monday through Friday during our regular working hours.
These Terms shall be governed by, subject to, and construed in accordance with the substantive laws of Pennsylvania without regard for any choice or conflict of laws rule or provision that would result in the application of the substantive law of any other jurisdiction.
FORUM SELECTION AND LEGAL FEES
With respect to any claim arising out of or related to these Terms, the Products, or any purchase whatsoever by you from THE ECU PRO, LLC, the parties hereto hereby consent to the exclusive jurisdiction, forum, and venue of the state and federal courts, as applicable, located in Tioga County, Pennsylvania.
Further, in the event THE ECU PRO, LLC determines, in its sole discretion, that it is necessary to file a small claims civil action against you arising out of or related to these Terms, the Products, or any purchase whatsoever by you from THE ECU PRO, LLC, and the claim is not in excess of the jurisdictional limit of the Magisterial District Court within Wellsboro, Tioga County, Pennsylvania (presently $12,000), you specifically consent to the exclusive jurisdiction and forum of that Court to resolve said small claim.
You agree that in the event THE ECU PRO, LLC determines, in its sole discretion, that it is necessary to file a civil action against you arising out of or related to these Terms the Products, or any purchase whatsoever by you from THE ECU PRO, LLC, if THE ECU PRO, LLC is the substantially prevailing party in any such civil action it shall be entitled to collect from you its reasonable attorneys’ fees and costs.