1. Terms and definitions

1.1. The use of the IXI Personal Flasher created by Magicmotorsport S.r.l.. (hereinafter “Magicmotorsport”) is subject to the following general conditions of use and sale.

1.2 These Terms of service and sale conditions (hereinafter “General Conditions”) apply to all sales to consumers or businesses (hereinafter “Customer”).

1.3 For the purposes of these General Conditions, “consumer” means any natural person who concludes a legal transaction for purposes which do not fall within the framework of an independent commercial or professional activity. “Business” means any natural or legal person or company with legal personality who, in concluding a legal transaction, acts for purposes attributable to a commercial or professional activity.

1.4 These conditions exclude the application of the Customer’s own provisions, unless otherwise agreed upon in writing with Magicmotorsport.

2. Acceptance of the general conditions

2.1 The Customer cannot accept the Terms if:

(a) the user is not of legal age to enter into a legal contract with Magicmotorsport;

(b) the user is prohibited from using the Services under the laws of Italy or in other countries, including the country in which they are a resident or from which they use the Services.

2.2 The Customer declares to accept these General Terms and Conditions and agrees to print or save a copy.

3. Language of Terms

3.1. The Customer declares to be aware that Magicmotorsport uses the Italian language to draft the Terms. If Magicmotorsport has provided a translation of the Terms from the Italian version, the User agrees that in the event of a conflict between the translated version and the Italian version, the latter will prevail.

4. Order form, price and payment terms

4.1 All prices are to be understood as net of VAT, shipping costs and/or any additional applicable costs.

4.2 Payment must be made in accordance with the methods established by Magicmotorsport.

5. Shipping and delivery

5.1 The device, if purchased on the Magicmotorsport online shop, will be sent via courier to the address indicated by the customer, with shipping costs borne by the Customer.

5.2 If the courier sends the product back to the seller following the impossibility of delivery to the customer, the costs of the unsuccessful shipment will be borne by the customer. If the Customer fails to collect or take delivery of the goods within 3 months of the delivery date, Magicmotorsport has the right to terminate the Contract in whole or in part and dispose of the product, without prejudice to its other rights.

5.4 Upon delivery of the Products, the Customer is required to examine them to verify the presence of defects, within the legal deadlines. Upon expiry of this deadline, the Products will be considered accepted by the Customer. In case of transport damage, the Customer must immediately report the issue to the transport company and the seller, ensuring that the transport company takes note of the damage. The Seller, through Customer Care, will manage the complaint. If Magicmotorsport agrees, at its discretion and without any obligation, to the return of the Products, these must be returned in their original conditions, with their original packaging, proof of purchase and with a return receipt. Return costs are borne by the Customer.

6. Product changes

6.1 The products, for reasons connected to the constant evolution of technologies, the rationalization of industrial processes and the variability of construction components determined by the changeability of supply sources, are subject to continuous evolution which may lead to construction modifications which may concern electronics, mechanics and aesthetics.

6.2 The graphic description of the products present on the Magicmotorsport website and/or in the advertising documentation generally have purely indicative value. Without prejudice to the tolerances permitted by law or customs, the technical characteristics of the products certified in the approval certificate and guaranteed by Magicmotorsport in regards to each instrument produced under the conditions of the relevant certificate of conformity are binding..

7. Warranty

7.1 Magicmotorsport guarantees the device against failures and manufacturing defects ascertained and recognized by the Manufacturer in accordance with the law – depending on whether the Customer is a consumer or business – starting from the delivery date. Warranty terms may, however, differ for specific types of device components and parts. Parts subject to wear resulting from normal use are not covered by the warranty.

7.2 The Product warranty will not apply with regard to defects resulting from damage to the device due to abuse, unauthorized alteration, modification, natural disasters and causes of force majeure, wear and tear resulting from normal use, incorrect calibrations, accidents caused by third parties, attempted repairs, tampering. In these cases Magicmotorsport has the right to charge costs, both direct and indirect following verification.

7.3 .In no event shall Magicmotorsport be liable for any other costs or damages, including loss of profits, incidental or consequential damages.

7.4 After receiving and accepting the product subject of the complaint, Magicmotorsport will reimburse the Customer in accordance with current consumer protection legislation. This means that the defect will be eliminated or another similar item will be sent. If this is not possible, or if Magicmotorsport deems it more convenient, the Customer will be issued a refund instead. However, if the complaint is not approved, the device will be returned to the Customer. The Customer is kindly requested to note that the cost of return of the device to Magicmotorsport is borne by them in this case. The evaluation of a complaint can take up to 14 calendar days.

7.5 All repairs under warranty must be carried out at the location indicated by Magicmotorsport or at the authorized assistance center. The Customer is obliged to pack and ship the product at their own expense.

7.6 Any damage resulting from transport of the device to the location indicated by Magicmotorsport is not covered by the warranty, as are damages and breakages due to poor packaging carried out by the Customers.

8. Product Features

8.1 To activate the product, the Customer must register on the ixi.center website and follow the instructions indicated by Magicmotorsport.

8.2 IXI allows access to a Tuner List via the online platform provided by Magicmotorsport which the Customer can contact to request Services. Magicmotorsport remains unrelated to any contractual relationship and/or agreement of any nature between the Customer and third parties who they may come into contact with via IXI or the online Platform. Under no circumstances may Magicmotorsport be held liable for facts attributable to contractual relationships and/or agreements of any nature between the Customer and third parties, including the tuners listed in the Platform.

8.3 For correct operation, the manufacturer recommends not using the device via alternative hubs other than the direct connection to the PC.

9. Software License

9.1. Magicmotorsport grants the Customer a personal, non-assignable and non-exclusive license to use the software owned by Magicmotorsport as part of the Services provided by Magicmotorsport (hereinafter “Software”). This license has the sole purpose of enabling the Customer to use the Services as provided by Magicmotorsport, in accordance with the General Conditions.

9.2. The Customer may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any portion thereof, unless expressly permitted or required by the law, or if permission has been specifically granted in writing by Magicmotorsport.

9.3. Unless Magicmotorsport has given specific written permission to do so, the Customer may not assign (or sublicense) their rights to use the Software, or transfer any portion of their rights to use the Software.

10. Responsibility

10.1 The Customer is responsible for their use of the purchased product and software. The Customer holds Magicmotorsport harmless for any damage caused by the improper use of the Products (including the software) purchased and by any use not compliant with the instructions contained in the user manual of the product.

11. Force Majeure

11.1 The execution of all orders on the ecommerce website is conditional on the availability of the products. Magicmotorsport reserves the right to refuse acceptance of orders or partially cancel an accepted order at their discretion in the cases set out below, without being liable for any damages or costs, except for the refund of the amount received by the Customer for the canceled order:

• the item is not available or not in stock;

• the order is flagged by the Magicmotorsport security systems as an unusual order or an order that may be linked to fraud;

• the billing information is incorrect or cannot be verified;

• the Customer placed the order as a reseller;

• the price displayed on the ecommerce website is clearly incorrect;

• it is impossible to deliver to the provided address;

• due to circumstances beyond control such as natural disasters or other causes depending on force majeure or fortuitous events to the manufacturer such as suspension of work, trade union unrest, unexpected and unpredictable production capacity, suspension of transport or supplies, energy, public administration measures and/or judicial measures.

12. Consumer right of withdrawal

12.1 If the Customer purchases the product from the ecommerce website, it is possible to exercise the right of withdrawal within 14 days of purchase by sending an email or a certified e-mail to Magicmotorsport at the addresses indicated on the website. In this case, the return of the product must take place within 14 calendar days from the date on which the Customer has exercised their right of withdrawal. The Customer has the right to open the package and examine the product to the extent necessary to evaluate their level of satisfaction. If the product has been handled more than necessary (to determine its qualities and functioning) and is not in substantially unchanged condition, Magicmotorsport reserves the right to deduct from an amount corresponding to the decrease in the value of the product from the consequential refund. All original accessories must be included in the return. If the customer regrets their purchase, the amount paid will be refunded, excluding commissions for payment methods and delivery costs, within 14 calendar days from the date of approval of the return or from the presentation of the delivery receipt. The Customer is responsible for the cost and risks involved in the return of the purchase. This right is expressly excluded for the business customer. The product must return intact in its packaging by means of traceable shipping.

12.2 The return must be sent to the location indicated by Magicmotorsport

12.3 The right of withdrawal is expressly excluded for the customer who does not fall within the legal definition of “consumer”.

13. Customer Privacy and Personal Information

13.1. For information on Magicmotorsport’s data protection policies, please read the Magicmotorsport Privacy Policy at https://www.magicmotorsport.com/it/privacy-policy/. This policy explains how Magicmotorsport processes personal information and protects Customer privacy in use of the Services, in accordance with European Regulation 679/2016 (GDPR).

13.2. The User agrees to the use of their data in accordance with the Magicmotorsport Privacy Policy.

14. Complementary agreements

14.1 Any additional agreements or arrangements in derogation of these conditions of sale will be binding only if agreed in writing with Magicmotorsport.

15. Jurisdiction

15.1 This Contract will be governed by Italian law and the exclusively competent court will be that of Palermo.