Terms & Conditions

­­­­Terms and conditions

1. General

We encourage you to read these terms and conditions carefully.

These Granite Device’s Simucube online shop (Brand store) terms and conditions (T&C) apply to you when you place an order as a customer from the Brand store through our website www.simucube.com. Simucube is registered trademark of Granite Devices Oy. Granite Devices sells sim racing equipment such as wheelbases, bundles, steering wheels, pedals, and accessories in the Brand store.

You must be at least 18 years old and hold a permanent delivery address within the delivery area of the Brand store and functional email address to place orders in the Brand store.

You must accept these T&C to be able to place orders in the Brand store. By accepting these T&C you agree to fully comply with these T&C. In addition, by accepting these T&C, you give an express consent for the processing of your personal data for the purpose of fulfilling you order.

Your contracting party in all orders from the Brand store is Granite Devices Oy:

Granite Devices Oy

Business ID: 2677148-7

Address: Visiokatu 3, 33720 Tampere, Finland

Customer service: support@simucube.com

These T&C are effective from 1^st of December 2022. Granite Devices has the right to update these T&C from time to time so please go them through each time before ordering from our Brand store. The updated T&C are applied to orders made after the new T&C effective date.

Please note that in addition to the specific rights defined in these T&C you may have other rights, in accordance with the applicable legislation which may vary from country to country.

2. Ordering and contract

You can order the products in our Brand store by adding them in to the shopping cart and by accepting the order and by making the respective payment in the checkout.

When placing the order, you must enter correct personal data which are required to place an order such as name, address, email, and payment details. By accepting and paying the order and receiving confirmation with payment verification via email the contract is concluded between you and Granite Devices. Order confirmation includes the details of the order, such as the price and the costs of the delivery of the order and the ordered products. You will also receive a separate delivery confirmation via email after your order has been shipped.

Your personal data is handled while processing the order. Personal data is handled based on Privacy Policy – Simucube. Granite Devices uses an encrypted connection when processing personal data.

3. Products

The term product (“Product”) means sim racing equipment and other products sold in the Brand store.

Granite Devices aims to provide updated and correct information on the Products and their availability in the Brand store. However, Granite Devices cannot guarantee the accuracy of the data. If the Brand store has incorrectly displayed that the Product is in stock but in fact it is sold out either temporarily or permanently, Granite Devices will inform this to you without undue delay using the contact information provided, typically the email. In such case when ordered Product is unavailable, you have the right to cancel the order or you can alternatively accept longer delivery time, if manageable by Granite Devices. If you exercise the right to cancel the order, Granite Devices commits to reimburse the full price paid and the contract between the parties considered terminated.

Granite Devices has the right to change and update Product descriptions in the Brand store at any time. However, the Product must correspond to the Product description given to you at the time of placing the order, or the Product may be defective.

Granite Devices does its best to ensure that Products are presented in the Brand store as they truly are. However, there may be differences such as the colouring may not be exactly as in the Brand store.

4. Prices, costs, and taxes

The stated prices only apply to orders placed in the Brand store. All prices in the Brand store are the full retail prices of the Products. Prices include value added tax or other applicable custom duties per country. Prices do not include shipping costs. Shipping costs per order are displayed at the shopping cart and at the checkout when you choose the shipping option. You are solely responsible for paying all applicable taxes and duties. The final price, including taxes and other costs such as shipping costs, will be confirmed in the order summary before the order is paid. Granite Devices reserves the right to change prices of the Products and shipping costs in such way that changes shall only apply to orders made after the changes becoming effective.

Unless otherwise agreed, prices are in EUR.

Any discounts or bonuses given to customers by Granite Devices are decided by Granite Devices and are calculated by reference from the full retail prices.

5. Payment

You can pay your order easily and safely by using the following payment methods which are also displayed clearly in the Brand store while ordering:

• credit and debit cards (the most commons) via Stripe online payment processing platform
• other payment methods offered by Stripe
• PayPal

Payment service providers are third parties with whom Granite Devices has entered into a contract. You are required to accept the terms for your payment method of choice. Additional information on payment methods: Stripe, Paypal and Klarna.

https://stripe.com/en-fi/legal/payment-terms

https://www.paypal.com/fi/webapps/mpp/ua/legalhub-full

https://www.klarna.com/fi/ehdot/

Unless otherwise agreed, payment must be in EUR.

After the successful order Granite Devices will send you an order confirmation to your email, so please make sure that you provide a functional email when making the order. In the order confirmation Granite Devices also confirms your payment method.

6. Delivery

Granite Devices delivers the Products as soon as possible after receiving the order, typically on the next business day. In any event Granite Devices uses reasonable efforts to deliver the Product within 30 days after receiving the order. Granite Devices will deliver your order via the delivery method which you have chosen when ordering. Estimated delivery time is displayed at the time of placing the order.

All Products are shipped from Granite Devices warehouse which is located in Juurakkotie 4, Door 1, 01510 Vantaa, Finland.

Please inspect the delivery received promptly upon receipt. If a Product is missing or damaged during the transport or if the delivery is otherwise not as you have ordered, please notify this to our customer service promptly and at the latest within 30 days.

Granite Devices delivers to Finland via the Posti parcel services.

Granite Devices delivers outside Finland via the DHL or GSL parcel services.

Shipping costs for orders are calculated according to the country for delivery and are informed before final acceptance of the order.

7. Cancellation rights and return of the delivery

Orders made from the Brand store by natural person who acquires consumer goods and services primarily for a use other than business or trade are distance selling in the context of applicable consumer protection legislation. You have the right to cancel a distance sale contract by notifying Granite Devices of withdrawal within 30 days of receiving the Products or the first shipment of Products. You don’t need to explain why you want to exercise your right to withdrawal. You can make the return notification via email to Granite Devices (store@simucube.com). The Product must be returned to Granite Devices within 14 days of sending the return notification. The return notification can also be made via the Granite Devices website or by returning a return form which you must send with return shipment.  If you have made the return notification via Granite Devices website, Granite Devices will inform without delay that return notification is transmitted in this way.

Granite Devices returns the money, including the shipping costs, after the order has reached our warehouse and we have completed our inspection of the contents. Return shipment is free, when return is made according to these T&C. Granite Devices will return the payment by using the same payment method which you have used in the initial purchase transaction, unless otherwise agreed. However, Granite Devices may refrain from returning the money until they have received the Product, or you can prove with, e.g., a return receipt that you have sent the Product. If you choose to use other delivery method than the least expensive and chosen by Granite Devices, the re-payment is exclusive of these additional costs of delivery. If only part of the order is returned, the shipping costs of delivery will not be returned.

All products must be returned carefully packed and in good condition, preferably in original box or package. You must keep the Product you have received substantially unchanged and irreducible to be entitled to a full refund in the event of cancellation. However, you have the right to open or unpack the order, check its characteristics and functionality, and inspect it, without prejudice to the right of withdrawal. You are liable for any impairment of Product that have been used, and Granite Devices has the right to deduct from the re-payment the difference between the original value of the Product and its actual value at the time of the return as a result of the use. If the Product has become unsaleable as a result of use, you are liable for the full value of the Product.

8. Product defects and warranty

Granite Devices warrants that each Product conforms to Brand store’s published specifications for such Product.

If you notice that a Product ordered from the Brand store is defective, as defined in applicable consumer legislation, you may submit a claim to Granite Devices. The claim must be made as soon as possible after becoming aware of the defect.

Granite Devices warrants that the Products are free from defects in material, design and workmanship and remain so at least for the duration of the warranty period. The actual length of the warranty period is defined separately. During the warranty period Granite Devices shall correct any defects found in the Products or replace such Products, without any cost to its end customers. It is expressly understood by Granite Devices that the warranty period and coverage of the warranty will be pursuant to the applicable Finnish and EU consumer protection laws.

Granite Devices’ detailed Product warranty terms are available at Granite Devices’ website https://simucube.com/en-gb/limited-warranty .

When the warranty is no longer valid, Granite Devices is liable for the defect in the Product under applicable consumer legislation on liability for defects provided.

Repair services shall be provided at the Granite Devices factory at Tehnika 9 Kuressaare 93815 Estonia. If claim leads to the Product being repaired and so being delivered to Granite Devices for repairing, our customer service will give you instructions for shipping the Product.  Granite Devices will cover the shipping costs of the delivery when shipping is made according to the instructions given by our customer service. You can also deliver the Product to Granite Devices in which case Granite Devices takes care of the delivery of the Product to the factory.

9. Links to external websites

Granite Devices may provide links to other (third party) websites or services. Those links to external websites are not under Granite Devices’ control even though third party may be connected to Granite Devices. Granite Devices aims to ensure that it only provides links to websites which are reliable and have as extensive privacy and security standards as Granite Devices. For clarity, Granite Devices is not liable for the confidentiality or security of those websites. Granite Devices recommends that you are careful when entering personal data or such information on external websites and read carefully how third-party processes personal data and what are applicable rules.

10. Force majeure

Unless the applicable and mandatory legislation states otherwise, Granite Devices shall not be liable for any delays or defects caused by circumstances beyond Granite Devices’ control. These may be industrial actions, acts of war and terrorism, fire, lightning, changes in applicable mandatory legislation, technical problems, interruptions in power/telecommunications/computer systems or other communication, as well as defects and delays in subcontractors’ services caused by the aforesaid circumstances. In such situations, Granite Devices will notify you. If the situation lasts for more than 2 months, both you and Granite Devices are entitled to cancel the order made in the Brand store with immediate effect.

11. Validity

If any competent body such as competent court or other authority rules that any section or term of these T&C is fully or partially invalid or unenforceable, the stated term is enforced according to the widest extent allowed by applicable mandatory law. All other sections and terms of these T&C are deemed to be valid and enforceable to the widest extent allowed by applicable mandatory legislation. All sections and terms of these T&C that are held to be invalid or unenforceable will be replaced by similar valid and enforceable sections and terms.

12. Account

You may register and create an account to our Brand store, but this is not mandatory for placing an order. By registering, you agree to be fully responsible for all activities that occur under your username and password. You are required to immediately inform the Granite Devices via the contact details indicated in these T&C if you think your personal information, including but not limited to your account, access credentials, or personal data, has been violated, unduly disclosed, or stolen.

You can terminate your account at any time by contacting the customer service of the Granite Devices. The Granite Devices reserves the right, at its sole discretion, to suspend or delete your account at any time and without notice if you violate these T&C. The suspension or deletion of your account shall not entitle you to any claims for compensation, damages, or reimbursement.

13. Applicable law and dispute resolution

All disputes related to these T&C or your order from the Brand store will be resolved primarily through negotiations between you and Granite Devices.

If the dispute cannot be resolved through negotiation between the parties, you have the right to contact the Consumer Advisory Services and submit the matter to the Consumer Disputes Board for the resolution. Granite Devices aims to comply with the decisions of the Finnish Consumer Disputes Board or an equivalent authority of another EU Member State.

Furthermore, you have the right to file a disputed case in the competent court as determined by applicable mandatory legislation.

The legislation applied to these T&C shall be determined in accordance with applicable mandatory legislation. Unless otherwise stipulated by applicable mandatory legislation, these T&C shall be subject to the laws of Finland and any disputes arising out of or relating to these T&C shall be settled by the courts of Finland.

Additional terms for corporate customers

In case of any questions, corporate customers can contact store@simucube.com for further instructions.

All Products are shipped from Granite Devices’ 3rd party warehouse 3PL Uusimaa (OGOship) which is located in Juurakkotie 4, Door 1, 01510 Vantaa, Finland.

 

General limitations

Granite Devises’ liability for any damage incurred by the buyer is limited to compensation accordance with these T&C. Granite Devices shall not be liable towards the buyer for any indirect, consequential, special punitive or incidental loss or damage. In any case, the maximum amount of the Granite Devices’ liability is the purchase price paid by the buyer for the Product.

 

Product defects and warranty

When the warranty is no longer valid, Granite Devices is not liable for any defects in the Products.

Restriction On use

Customer agrees that it shall not directly or indirectly:

(i) modify, enhance, adapt, make improvements to, create derivative works based upon, disassemble, decompile, reverse engineer, reduce to any human or machine perceivable form, or circumvent any technological measure that controls access to or permits derivation of the source code of the embedded software or any part thereof,

(ii) modify, enhance, adapt, make improvements to, create derivative works based upon, disassemble, or reverse engineer the Products, any part thereof, or any composition made using the Products,

(iii) make or permit the use of any trademark, trade name, service mark, or other commercial symbols of Granite Devises’ without its prior written consent, and/or

(iv) operate or make use of the Products in any way violative of applicable laws and regulations

Intellectual Property Rights

Granite Devises owns and manages all intellectual property rights in Granite Devices’ trademarks, logos, domain names, marketing materials and all other materials. No ownership of any intellectual property right in relation with the Product are transferred to the buyer. All intellectual property rights shall remain with the Granite Devices.

Exceptions to T&C

No exceptions to these T&C are effective unless Granite Devices has agreed to them in writing.

Applicable law and dispute resolution

These T&C shall be governed by and construed in accordance with the Finnish Law.

All disputes related to these T&C or your order from the Brand store will be resolved primarily through negotiations between you and Granite Devices.

If the Dispute cannot be resolved through negotiations between the parties, the dispute is settled by the competent court. The Finnish Courts shall have the exclusive jurisdiction to settle any dispute, controversy, or claim related to such a demand. The Pirkanmaa District Court placed in Tampere shall be the court of the first instance.