DISCLAIMER www.OBDtool.Org

OBDtool.Org

ON-LINE since 2004

Terms and Conditions

in Connection with Services of this Website

This website is owned and operated by private and independent OBDtool.Org . These Terms of Use govern your use of the website. By visiting or shopping at the website, you agree to be bound by these Terms of Use, as well as the other policies posted on the website.

By showing the products on the website, OBDtool.Org is making an offer only to those who are legally capable of accepting, and do accept, such offer. If you place an order for products shown on the website, your order will be deemed an acceptance in our country to these Terms of Use.

In these Terms of Use, we refer to the website OBDtool.Org as the "Site".

Use of the Site

Termination of Access

You agree that, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT OBDTOOL.ORG WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.

Intellectual Property Rights and User Content

Copyright

All content included on the Site, including text, graphics, logos, user interfaces, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of OBDtool.Org or its suppliers, licensors or content suppliers and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of OBDtool.Org and protected by applicable copyright laws. All software used on the Site is the property of OBDtool.Org or its software suppliers and protected by applicable copyright laws.

IMPORTANT NOTICE TO CUSTOMERS: CUSTOMS ISSUES AND REGIONAL INTELLECTUAL PROPERTY RIGHTS
OBDtool.Org's product inventory available on the Site includes dozens of products, and product listings are constantly being changed and updated. OBDtool.Org's customers are located in various parts of the world. As a result, it is impossible for OBDtool.Org to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law.

OBDtool.Org MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES.

BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED OBDtool.Org TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE "IMPORTER" OF THE PRODUCT TO YOUR COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS AND COPYRIGHT AND TRADEMARK LAWS. YOU ACKNOWLEDGE AND AGREE THAT OBDtool.Org's ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN EUROPE AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN BELARUS AND FOR YOUR IMPORT TO YOUR COUNTRY. IN NO EVENT WILL OBDtool.Org BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL IT BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY.

By purchasing a product through the Site, customers outside of Belarus authorize OBDtool.Org to make arrangements for clearance of customs on their behalf for the products they have ordered.

Payment for Products Purchased Through the Site

Methods of Payment

A variety of payment methods are offered on the Site for the convenience of customers. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred. If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT OBDtool.Org, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY.

You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify OBDtool.Org of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If OBDtool.Org does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by OBDtool.Org or its agents.

For customers in Russia, OBDtool.Org offers the option to pay by direct deposit to specified bank accounts of OBDtool.Org. Any fees payable in connection with direct deposit, including any fees payable by OBDtool.Org's bank, must be paid by customers.

Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment.

Taxes

You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. OBDtool.Org will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.

Product Descriptions and Prices

Product Descriptions

Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. OBDtool.Org does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. IF A USER PURCHASES A PRODUCT FROM OBDtool.Org THAT IS NOT AS DESCRIBED ON THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR OBDtool.Org CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.

We have made every effort to display the colours of products on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor we cannot guarantee that your monitor's display of any colour will be accurate.

Prices

We cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed on the Site. Also, despite our best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of OBDtool.Org. We may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation.

OBDtool.Org will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors or are unavailable for any reason. OBDtool.Org will have this right regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, OBDtool.Org will immediately issue a credit to your credit card in the amount of the charge.

Order Processing, Shipment, Returns, Warranties

Order Acceptance

By displaying products on the OBDtool.Org website, OBDtool.Org is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer in Belarus. If you place an order for products shown on the Site, your order will be deemed an acceptance in Belarus of our offer. We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.

Passage of Title

Title to products, and risk of loss of such products, passes to you upon delivery to the common carrier selected by us to deliver your order. You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you.

Returns

If you suspect a fault with your product please contact us immediately. If there is an obvious defect and the product needs to be returned, please notify us by email, fax or letter and return the goods within 14 days starting the day after receipt of goods. We will offer a prompt replacement of the relevant components or if you prefer a full refund. This does not apply to faults caused by accident, neglect or misuse. We must be notified of the fault within 14 days starting the day after receipt of goods and proof of purchase and a valid RMA form MUST be provided.

If you cancel your goods within the 14 days "cooling off" period (14 days starting the day after receipt of goods), we will exchange it or refund your money (it also applies to products purchased as Christmas presents). In order to exercise your rights to return the good, you must send a notice in a durable form of your intention (e.g. by email, fax or letter) to be refunded or to be exchanged with another item. It will take between 7 and 10 days to process your return, but we will do our best to reduce this time. However, should you have filled in the Return Merchandise Authorization form the process will be dealt as promptly as possible.

We reserve the right to deem the goods second-hand and make you an appropriate offer should any items not be returned in their entirety or in an AS NEW condition outside the 14 days after receipt of the parcel. Proof of purchase must be provided. Please note that software packages may only be returned unopened. Any cancellation made outside the 14 day "cooling-off" period may not be accepted.

During the RMA process, OBDtool.Org will email you to follow up via email on issues requiring your clarification and agreement. If no response is received from you within 7 days, OBDtool.Org will follow up with a kind reminder, followed by a 2nd email should no response be received on the 1st. In the event no response is received after the 2nd email is sent, OBDtool.Org will send a 3rd and final reminder via email AND via recorded letter. Should no response be received within 2 weeks after the final email and letter were sent, OBDtool.Org reserves the right to dispose of the RMA item(s) thereof.

Product Warranties

All our products come with a 6 months in house warranty, where our in-house facilities are able to process all returns for a quick and efficient all round service. Within 14 days starting the day after receipt of goods, if your goods are faulty we will offer a prompt replacement of the relevant components or if you prefer a full refund. This does not apply to faults caused by accident, neglect or misuse. We must be notified of the fault within 14 days starting the day after receipt of goods and proof of purchase MUST be provided. If your purchase develops a fault after 14 days and within its 6 month guarantee we will arrange to repair and return the product to you free of charge. We are unable to offer a refund after more than 14 days of receipt of purchase. Please note it may take up to 28 working days or longer for repairs to be undertaken, depending on the manufacturer and complexity of the problem (e.g. availability of required parts).

Applicable Law and Disputes

Applicable Law

By visiting the Site, you agree that the laws of the Belarus, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and OBDtool.Org or its affiliates.

ALL TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS.

Disputes

Any dispute, controversy or claim relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential binding arbitration in Belarus conducted under Belarus law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of OBDtool.Org or any affiliate or licensor of OBDtool.Org, OBDtool.Org may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration shall be conducted in the Russian language and any non-Russian language documents presented at such arbitration shall be accompanied by an Russian translation thereof. The arbitrator shall state the reason upon which the award is based.

Severability

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of the Terms of Use.

Delay in Enforcement

No delay or failure to take action under these Terms of Use shall constitute any waiver by OBDtool.Org of any provision of these Terms of Use.

Complete Agreement

These Terms of Use, together with any other policies posted on the Site from time to time, constitute the complete agreement between the parties and supersede all prior agreements or representations between them.

Indemnification

You agree to defend, indemnify and hold harmless OBDtool.Org and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Modification to Terms of Use

OBDtool.Org reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use.

OBDtool.Org