Terms & Conditions

  1. Terms & Conditions

1.1       These terms and conditions apply to all agreements concluded between Auto Simulation Limited trading as Digital-Motorsports (“Digital Motorsports”, “we” “us” “our”) and its customers (“Customer”, “you”, “your”), and to all our business relations (the “Terms”). Any change to these Terms, and to any special terms and conditions, is only valid if in writing and accepted by you and by a director of Digital Motorsports.

1.2       Before you submit your order to us you should carefully read and familiarise yourself with the Terms as they form the basis of our legal relationship with you and affect your rights and liabilities under law. If there is anything you do not understand in these Terms or in any other information we publish, or if you think that there is a mistake in these Terms, please contact us before submitting an order. You can contact us using the details set out at the end of these Terms. By placing your order, you are also confirming that you are at least 18 years old and that you have accepted these Terms. If you are buying goods on behalf of your firm or organisation, you confirm that you have the legal authority to bind them to these Terms.

1.3       These Terms are deemed accepted by the Customer by the fact of placing an order, even if    they are in contradiction with the Customer’s own general or special terms and conditions. The Customer’s general terms and conditions will only be binding on us where they have been explicitly accepted by us in writing and signed by a director Digital Motorsports.

1.3       We have the right to make changes to these Terms or any other policies and rules that apply to purchases from us at any time. This will not affect any orders you have placed already with us, but the updated Terms will apply to your future purchases. Before you place any order, please read the Terms. You need to accept the most recent version of the Terms before making any purchase. If you do not accept the Terms that apply to your order, you will not be able to order any goods from us. Any amendment, variation or modification you propose to these Terms will not bind us and has no legal effect unless accepted in writing by a director of Digital Motorsports.

  1. Offer

Goods depicted in the webshop available here are not considered as a legally binding offer, but as a non-binding online catalogue. Small deviations and changes to pictures or descriptions of goods are possible. The goods you receive and its packaging may vary from those images.

  1. Prices

3.1       All prices contain the legal VAT rate for goods (currently 23%) for customers placing orders within the European Union (EU). For orders from customers outside the EU, VAT is 0% and is displayed as such. The webshop uses IP data to identify your country in order to display the correct currency and VAT rate for your region. However, there is a currency switcher in the header of the website which allows you to manually choose your currency.

3.2       Any quotation provided by us is valid only for a period of 30 (thirty) days from the date issued (provided we have not previously withdrawn it or changed our price or any discount you are entitled to in respect of the goods the subject of the quotation during this period.)

3.3       If the rate of VAT changes between your order date and the date we supply the good, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.

 

  1. Conclusion of a Contract

4.1       By placing an order, you submit a binding offer to purchase the relevant good(s) from Digital Motorsports. After you make an order we will send you an e-mail which confirms we have received your order and lists the goods ordered. This order confirmation is not an acceptance of your offer, it merely informs you that we have received your order. A purchase contract between you and Digital Motorsports only forms when/if we send you confirmation of the dispatch of the goods (the “Contract”). The Contract will relate only to the goods we have confirmed the dispatch of in the dispatch confirmation email.

4.2       Our employees or agents are not authorised to make any representations about any goods supplied to you. You acknowledge, by entering into the Contract, that you will not rely on any such representation which is not contained in our packaging or promotional literature.

4.3       Subject to conditions relating to distance sales as described at paragraph 9.2 below, you may not cancel the Contract once we have accepted it.

  1. Shipment, Delivery and Payment

5.1       Digital-Motorsports offers world-wide delivery, to the delivery address given by the customer. The applicable delivery times and payment conditions are set out in more detail during the goods checkout process. There is no minimum order amount. We reserve the right to make a partial delivery in so far as this appears to be advantageous for speedy handling.  Special forms of shipment which are requested by you may incur additional fees which we will communicate to you in advance of making a purchase and/or before the Contract becomes binding. Larger orders are often delivered in several parcels which may or may not be delivered at the same time.

5.2       Payment is due prior to us dispatching the goods. Once we ensure the goods are available, we will charge the price and applicable delivery fees to the credit or debit card you supplied, or where relevant we will check that we have received payment by direct bank transfer.

5.3       Unless otherwise agreed upon, payments must be made credit or debit card or direct bank transfer.

  1. Delivery Times

6.1       Goods which are in the warehouse will be delivered in the time frame relevant to your country/region as detailed in these Terms or otherwise indicated on the webshop. If the goods are not available when the order is made, we will strive for delivery as soon as possible and will endeavour to deliver within 30 days after the day on which we acknowledge your order (or such other time as may be indicated by us at the time of purchase).  In case the failure to comply with a delivery deadline which is due to an act of god, industrial conflict, failures on the part of our suppliers of goods or delivery services, or other unforeseen event for which we are not at fault or is otherwise outside of our control, the deadline will be extended accordingly. If the delivery is not possible due to the inability of the manufacturer or our suppliers, either you or Digital Motorsports can cancel the contract if the goods are not delivered within two months.

6.2       In circumstances where we do not deliver the goods within the period agreed by you and us or (if no specific time period is agreed) within 30 days after we acknowledge your order, you may call upon us to make delivery within an appropriate timeframe.  If we fail to do so, you are entitled to cancel your Contract with us and receive a refund without undue delay by us.

6.3       DHL Express shipping typically delivers within the following timeframes:

  • UK – Next working day;
  • US & Europe- 2-4 working days; and
  • Rest of World - 3-7 working days. 

 

  1. Passing of the Risk

With shipment of the goods, the risk is held by Digital Motorsports  is complete. With returns,  you (as sender) or your carrier carries the risk, in particular, the transport risk, until the goods have been received back by us. For physical goods, you will own the goods from when we receive payment in full, including delivery charges, from you. Until then, we remain the owner of the goods.

  1. Legal Guarantee of Conformity


You may have certain legal rights in relation to goods that are not as described, faulty or otherwise not fit for purpose (depending on the location from which you are purchasing the goods).

In respect of consumer buyers within the EU:

  • we are obliged to supply you with goods (and where relevant digital content) that are in conformity with the contract;
  • we will repair, replace or provide a refund in relation to goods which are in non-conformity (goods which are not as described, which are not fit for their purpose or which are broken/damaged on delivery) within two years of delivery (or such longer period which may apply under the laws of the country in which you are resident). Note that in circumstances where the non-conformity is minor in nature you do not have an entitlement to a refund in respect of such goods. We will provide a repair, replacement or refund as is appropriate and required in the circumstances.
  1. Cancellation and Order Return

9.1       Discretionary Cancellation Right

Here at Digital Motorsports we like to make things as easy as possible, if you are not completely satisfied with your on-line purchase, you can return it free of any administrative or handling charges. However, you must pay the postal/transportation costs associated with the return. The item must be unused with original packaging and returned to us within 14 days of purchase for an exchange or full refund, less transportation, shipping or postal costs.

As noted, we do not cover the cost of return postage (unless the reason for the return is due to the fact that the goods are faulty or damaged). If you are within the Republic of Ireland you can drop the package to your local Post Office or simply follow the steps on returnmyshopping.ie. If you are located outside of the Republic of Ireland we suggest using your national postal service to return the goods. If the goods are not received by us we shall not be obliged to exchange or refund the item.  When you return goods you are responsible for and assume risk in the goods until such time they have been received by us. 

 

9.2 Cancellation Rights of Consumers within the EU

If you are resident in the EU, the above Digital Motorsports discretionary cancellation, return and refund policy is in addition to your “cooling off”/cancellation rights under EU law. These “cooling off” rights shall only apply to a person who purchases goods as a consumer buyer and is resident within the European Union where additional rights apply, as follows:

  • You shall have the right to cancel any contract for goods made by means of distance communication, in accordance with these Terms and Conditions, within fourteen (14) days of receipt of the goods.
  • If you purchase goods you have 14 days after the day you (or someone you nominate) receives the goods set out in your order, unless your goods are split into several deliveries over different days you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.
  • Special order goods are not capable of cancellation under this paragraph. Special order goods mean goods made to your specifications and/or personalised goods.
  • To exercise your right to cancel the contract, you must, before the end of the 14 day ‘cooling off’ period, inform us of your decision in writing, for example, a letter sent by post or email. Alternatively, you may, but do not have to, use our Model Cancellation Form available You must return the goods to us as soon as possible, in the same condition in which you received them (you may only handle them as is necessary to establish their nature, characteristics and functioning), and at your own cost and risk. You may be liable for any diminished value of the goods where the value of the goods is diminished as a result of you handling the goods beyond what is necessary to establish the nature, characteristics and function of the goods.
  • We recommend that you use a recorded delivery service when returning the goods or otherwise obtain official proof of posting or insurance cover to the value of the goods you are returning.
  • If you fail to return the goods within 14 days of cancellation, we will be entitled to collect the goods from you and to recover any reasonable costs involved in such collection from you.
  • We shall then effect a refund of any monies owing to you in respect of the goods within 14 days from the date of cancellation using the same means of payment used by you in ordering the goods.
  • We will pay any refunds due less non-standard delivery costs.
  • Such a refund will be subject to any set off of monies to which we are entitled under these clauses.

 

9.3 Cancellation for Non-Distance buyers

Goods purchased and delivered to the buyer by a non-consumer buyer who purchases goods from us for resale, rent for hire or licensing purposes (a “Trade Buyer”), and goods purchased in store by a consumer buyer do not benefit from the EU “cooling off” or cancellation right outlined in section 9.2, and instead are covered by this clause 9.3. Goods may be returned to us in original packaging (and without being installed or used and with all relevant seals and enclosures intact) for credit within 7 days of receipt by the Trade Buyer or the instore consumer buyer. Outbound shipping charges and any inbound shipping charges accrued in order to return the goods to Digital Motorsport will be deducted from the refund. Returns outside of the 7 day period are at the discretion of Digital Motorsports and will be subject to a restocking charge of not less than 10% of the value of the order. Credit shall be subject to the buyer producing proof of purchase and returning goods carriage paid. Special order goods shall not be returnable. Special order goods mean goods made to your specifications and/or personalised goods.

The following goods may not be returned to us for credit:
(a) Goods which have been specially ordered at your request;
(b) Electrical parts;
(c) Glass parts;
(d) Hazardous parts where the seals are not intact;
(e) Hazardous/explosive parts that are not in their original packaging;
(f) Goods that have already been used or fitted;
(g) Goods with damaged original packaging and/or which are not in a resalable condition; and
(h) Goods which were purchased as part of a promotion or marketing campaign.

Digital Motorsports requires goods in all circumstances to be returned with its original packaging intact.

  1. Refund and Reimbursement

Once we receive your returned goods, we'll get to work on processing your refund as fast as possible. If your return meets the requirements outlined above, we'll process a refund for the returned good(s) back to your original method of payment within 7 working days. We reserve the right to refuse returns if the item is received otherwise than in accordance with our outlined requirements. This paragraph does not affect your statutory rights.

 

  1. Storage of Data

All Personal information will be treated confidentially. The person making the order explicitly agrees with us gathering, processing, storage and use of personal information.
We do not give your personal data including your house address and e-mail address to third parties without your explicit consent which can be revoked at any time.
The exception to this is our service partners which need the data for handling the order (e.g. the shipping company which has been assigned to the shipment and the credit institution which the handling of payment has been assigned to). In these cases, the scope of the transmitted data is limited to the necessary minimum. 

  1. Website Disclaimer

You expressly agree that your use of https://digital-motorsports.com  is at your sole risk. WE, SOLELY TO THE EXTENT THAT ANY SUCH WARRANTIES CAN BE EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW, EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, RELATING TO AVAILABILITY OF THE SITE OR TO INFORMATION AND DATA CONTAINED IN OR REFERENCED BY THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITIONS OF COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

  1. 13. Installation
  2. Installation Services

13.1     Digital Motorsports provides certain installation services, on your request and in exchange for an appropriate fee to be agreed in advance in writing, at a premises where the goods are to be delivered as indicated by you (“Installation Services”). The Installation Services shall be carried out by skilled and trained personnel exercising due care.

13.2     Notwithstanding the above, you acknowledge that there are inherent risks in manoeuvring, moving and otherwise dealing in large and bulky equipment. Digital Motorsports excludes any and all liability arising from any damage which occurs to your premises in the course of the Installation Services.

  1. Self-Installation

13.3     The goods will be delivered accompanied by installation instructions as reasonably required for the buyer to install and set up the goods. The buyer agrees to comply with all installation instructions, safety instructions other rules for use of the goods purchased, and the buyer accepts that any loss which results from failing to follow the instructions, or forced or inappropriate installation or use shall not be the responsibility of Digital-Motorsports.

13.4 For consumer buyers in the EU, we accept that where the incorrect installation by the consumer was due to shortcomings in the installation instructions provided to the consumer by us (or where relevant by the supplier of the digital content), this may be regarded as a lack of conformity of the goods with the contract for which we are responsible.  If you do not understand the installation instructions, or if anything in the installation instructions is not clear, please contact us prior to installation.

  1. Exclusions of Liability

14.1 For consumer buyers in the EU and/or the UK, we do not exclude or limit our liability for failing to provide goods that are in conformity with the contract, for any error or omission by us or for any other matters for which we are not permitted by law to exclude or limit our liability. Subject to the previous sentence, we have no liability to a consumer buyer in the EU and/or the UK for any unforeseeable losses, or for any loss of profit or economic losses other than for the price of the goods where the consumer buyer is entitled to a refund.

14.2 For all other buyers, including Trade Buyers, we exclude our liability for any loss of profit, loss of business, business interruption, loss of business opportunity whether or not foreseeable, and all indirect or consequential losses arising under or in connection with these Terms. Subject to the foregoing, we limit our liability to €1,000 (one thousand euro) or the price of the goods purchased in the applicable order (whichever is the lower) to the fullest extent permitted by law.

  1. Indemnity from Trade Buyer

The Trade Buyer shall indemnify Digital Motorsports against all actions, claims, demands, costs and proceedings brought by a third party against Digital Motorsports for infringement or alleged infringements of third party intellectual property rights arising from your use and/or combination of the goods with other third party software not installed in the goods, where but for such use and/or combination the actual or alleged infringement of third party intellectual property rights would not occur.

  1. RMA/Warranty

The goods may benefit from a manufacturer’s warranty or guarantee, which is in addition to and not in replacement of any statutory rights and implied warranties in favour of a consumer buyer.  For goods covered by a manufacturer’s warranty, if you experience any issues with goods that are still under manufacturer’s warranty, you must first contact us via Support@Digital-Motorsports.com. We will endeavour to help fix the problem with you prior to contacting the manufacturer. If we cannot fix the problem, the goods must be returned to our warehouse, including details such as the serial number and any supporting pictures or video available. Product warranties are bound to the first purchaser and are not transferable. 

Digital Motorsports will issue you with a return label and will cover the cost of return. If the manufacturer deems the issue not covered under warranty, you will be billed for any inbound and outbound shipping fees due to return the item to you.  

We will then work with the manufacturer to rectify the issue for you as quickly as possible. Note, we do not issue replacements for any items under warranty until the manufacturer has repaired or replaced the item (as indicated in the terms of the manufacturer’s warranty) and shipped it back to us.

Nothing in this clause [16] or in the terms of a manufacturer’s warranty shall in any way exclude or limit the rights of a consumer buyer as apply under any applicable law.

  1. Severability Clause

Each of the paragraphs of these Terms operates separately. If a court of competent jurisdiction determines any provision or part-provision of these Terms to be invalid, illegal or unenforceable, it will be deemed deleted, but that does not affect the validity and enforceability of the rest of the Terms.

 

18 Governing Law

18.1     The existence, formation, interpretation, operation and termination of these Terms and any claim, matters or disputes arising out of or in connection with them (whether contractual or non-contractual), are governed by and interpreted in accordance with the laws of Ireland. The courts of Ireland have exclusive jurisdiction to hear and determine any claim, matter or dispute (whether contractual or non-contractual) between you and us arising out of or in connection with these Terms or the Site. However, this does not prevent us from instituting proceedings outside of Ireland.

18.2     If you are a consumer in the EU, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in the Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.

18.3     If are a consumer within the EU you have a dispute with us about your online order or purchase, you may be able to use the European Commission’s online dispute resolution (ODR) platform, which you can access here: www.ec.europa.eu/consumers/odr.

  1. Contacting Us

If you have any questions, requests or complaints regarding these Terms please contact us using the following information:

Online:

            

www.digital-motorsports.com

Email:

info@digital-motorsports.com

Postal address:

 

Unit P6 Grants Road, greenogue Business Park, Rathcoole, Co Dublin D24 Y82X

Telephone

 

(00353) 1 963 8796

 

Auto Simulation Limited trading as Digital Motorsports in a limited liability company established in Ireland with registered number 636598 and its registered office at: UNIT P6, GRANTS ROAD, GREENOGUE BUSINESS PARK, RATHCOOLE, DUBLIN 24, D24 Y82X, IRELAND.