Terms & Conditions

1. THE COMPANY

1.1 Superchips is a trading name of Octopus Automotive Ltd, a company registered in England with Company Registration Number 11493795 (the “Company”). The Registered Office address is 30 Clarendon Road, Watford, Herts WD17 1JJ. References to Superchips, “the Company”, “we”, “Our” and “us” throughout the Terms and Conditions refer to this Company.

“Business Day” means, any day other than Saturday or Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the purchase and sale of Services, as explained in Clause 3;
“Month” means a calendar month;
“Order” means your order for the Services, made via Telephone and / or Online;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
“Price” means the price payable for the Services and/or Goods (as the case may be);
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for the Goods and/or Services; and

2. THE CONTRACT AND GOOD SPECIFICATIONS

2.1 These Terms and Conditions govern the sale of goods and Services by Us, via Telephone and / or Online; and will form the basis of the Contract between Us and you. Before submitting your Order, you should ensure that you have read these Terms and Conditions carefully.
2.2 Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
2.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email.
2.4 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our salespeople. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. Nothing, however, excludes Our liability for mistakes due to negligence on Our part.
2.5 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
2.6 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

3. ORDERS FOR GOODS

3.1 All Orders made by you via Telephone and / or Online; will be subject to these Terms and Conditions.
3.2 You may change your Order at any time before We dispatch the Goods by contacting Us. Requests to change Orders do not need to be made in writing.
3.3 If your Order is changed, We will inform you of any change to the Price when you contact Us, and will confirm the change in writing.
3.4 If you change your mind, you may cancel your Order at any time before We dispatch the Goods by contacting Us. Please refer to Clause 9 for details of your cancellation rights.
3.5 We may cancel your Order at any time before We dispatch the Goods in the following circumstances:
3.5.1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
3.5.2 An event outside of Our control continues for more than 28 days (please see Clause 12 for events outside of Our control).
3.6 If We cancel your Order under sub-Clause 3.5 and you have already paid for the Goods, the payment will be refunded to you within a maximum of 14 calendar days . If We cancel your Order, you will be informed by email.
3.7 If you wish to cancel your appointment, you need to contact the office, during office hours, by phone, in order that your deposit is returned. Deposits are not returned if less than 48 hours notice is given.
3.8 You must be present after the file has been fitted, to test drive your vehicle. If you do not do this and require us to come back to look at the mapped vehicle within 30 days after the map, there will be a call out charge of £90.00.
3.9 If your vehicle has had any parts or modifications that are not the manufacturer's own equipment, then you need to make us aware prior to the work being done. Failure to do this may result in the new file not working correctly. Any callouts required to remedy these situations will be charged at £90 for the call out and then £90 per hour or part hour after the 1st hour.
3.10 Your deposit of £25 is non-refundable if we arrive at your appointment and cannot carry out the work through no fault of our own. It is refundable only if we arrive and cannot map the car due to circumstances where the ECU can not be accessed or read.
3.11 If we arrive at your vehicle and find that it has already been remapped by another party, we cannot carry out the work and as such the job will be charged as a call out at £90.00. If the balance has been paid for the map, then this will be refunded minus the call out charge.

4 PRICE AND PAYMENT

4.1 The Price of the Goods and/or Services will be that given by Our salespeople and/or shown in Our Website at the time of your Order.
4.2 If We offer a Special Price, the Special Price will be valid for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.
4.3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
4.4 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment from you.
4.5 Our Prices do not include the cost of delivery. We normally offer the following delivery options, however please note that your choices may be limited for certain Goods owing to the nature or characteristics of those Goods. The cost of your chosen delivery method will be added on to the final sum due:
4.5.1 Standard Delivery;
4.5.2 Premium Delivery:
4.6 All payments for Goods must be made in advance before We can dispatch the Goods to you.
4.7 We accept the following methods of payment:
4.7.1 Credit or Debit Card;
4.7.2 Payment Plan
4.8 [Credit and/or debit cards will be charged at the time of your deposit and / or final payment.]
4.9 If you do not make any payment to Us by the date on which that payment is due, We may charge you interest on that sum at the rate of 4% per annum above the base lending rate of Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

5. SERVICES

5.1 These Terms and Conditions will be binding between the Company and you, the customer, upon booking your vehicle in for work with us. Where you, the customer, are a consumer, these Terms and Conditions do not affect your statutory rights.
5.2 We need certain information from you, which is necessary for us to provide Services. Examples include the vehicle registration number, make, model and engine capacity of your vehicle. If you have not provided this information prior to your appointment, or if the details are incorrect, we will not be liable for any delay or non-performance.
5.3 The remap is carried out entirely at the vehicle owner's risk.
5.4 It is the customer’s responsibility to ensure the vehicle is in correct working order without underlying faults. We make no representations or warranties that the Services and Goods we supply will not cause damage to your vehicle, owing to, but not limited to, an underlying fault or poor servicing. Prior to carrying out any software tuning to a vehicle, we will carry out a basic inspection. We do not make any representations or warranties that this inspection will identify all underlying defects of your vehicle which may cause your vehicle to fail after software tuning has been carried out. In circumstances where the condition of your vehicle is such that we advise you, that the carrying out of Our Services may cause damage to your vehicle over time, and you chose to proceed with Our Services, you do so at your own risk. We may advise that you do not proceed if your vehicle has a high mileage or has been poorly maintained. Where an advisory notice is documented on this invoice, we accept no liability for any damage caused, directly or indirectly, to your vehicle, or any financial loss or expenses incurred by or imposed on or in connection with your use of Our Services.
5.5 We make no representations or warranties that Our Services will not expose or exacerbate a previously unknown fault or weakness with your vehicle, which may ultimately lead to an engine failure.
5.6 We make no representations or warranties that the use of Our Services will not invalidate any manufacturer or third party warranty you may currently have in place.

6. IF THERE IS A PROBLEM WITH THE SERVICES

6.1 In the unlikely event that there is any defect with the Services we provide or we have supplied:
6.1.1 contact us and tell us as soon as reasonably possible;
6.1.2 give us a reasonable opportunity to repair or fix any defect; and
6.1.3 we will use every effort to repair or fix the defect as soon as reasonably practicable.
6.2 You will not have to pay for us to repair or fix a defect with the Services or Goods under this clause where the defect is a result of the Services we have provided.
6.3 We will not accept liability for any work carried out by a third party in circumstances where you have not afforded us the opportunity to rectify any defect in accordance with clause 6.1.
6.4 Where you have afforded us the opportunity to rectify any defect in accordance with clause 6.1 and we have not done so within 30 days, we will only be liable for work carried out by a third party where you have obtained Our written permission and provided us with three written quotes in advance of having the work carried out and we have approved the quote and the work being carried out by the third party.
6.5 As a consumer, you have certain legal rights with respect to the purchase of Services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.

7. OUR LIABILITY TO YOU

7.1 If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage to a vehicle (or its accessories or contents) that is a foreseeable result of Our breach of the Terms and Conditions or as a result of Our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and us at the time we entered into this contract. Loss or damage arising out of the circumstances in clause 5.4 is not a foreseeable event for the purposes of this clause.
7.2 We are not liable for any costs associated with recovering a vehicle that has broken down.
7.3 Where you are a consumer, we only supply the Services or Goods for domestic and private use. You agree not to use the Services or Goods for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.4 Subject to clause 7.5, Our liability to you for any direct loss, damage, cost or expenses shall be limited to the price you have paid for the Services that we have carried out on your behalf
7.5 We do not exclude or limit in any way Our liability for:
7.5.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
7.5.2 fraud or fraudulent misrepresentation;
7.5.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
7.5.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
7.5.5 defective Goods under the Consumer Protection Act 1987.

8 YOUR STATUTORY RIGHT TO CANCEL THE SERVICES

8.1 As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Contract between you and Us is formed. You may cancel your Contract with Us for any reason under this right. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before the Services begin, sub-Clause 8.2 will not apply.
8.2 As noted in sub-Clause 8.1, if you have requested that the Services begin within the 14 Calendar Day cancellation period your statutory right to cancel may be limited or lost. By requesting that the Services begin within the statutory cancellation period you acknowledge and agree that:
8.2.1 If the Services are fully performed within the 14 Calendar Day cancellation period, you will lose your right to cancel after the Services are fully performed.
8.2.2 If you cancel the Services after they have begun but are not yet complete (where applicable) you will be required to pay for the Services supplied up to the time at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that you have already paid shall be refunded subject to deductions calculated in accordance with the foregoing.
8.3 If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision. You may do so in any way that is convenient for you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 8.1 expires (note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted). We provide a cancellation form that you may use if you wish to inform Us in writing. The cancellation form and accompanying instructions is available from our website at www.superchips.co.uk. Alternatively, please contact Us:
8.3.1 By telephone on 01280 816781;
8.3.2 By email on jo.smith@superchips.co.uk; or
8.3.3 By post at Superchips, 30 Clarendon Road, Watford, Hertfordshire, WD17 1JJ.
8.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Services; however, you are under no obligation to provide any details if you do not wish to.
8.5 Refunds under this Clause 8 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
8.6 If you wish to cancel your appointment, you need to contact the office, during office hours, by phone, in order that your deposit is returned. Deposits are not returned if less than 48 hours notice is given.
8.7 Refunds under this Clause 8 will be made using the same payment method you used when ordering the Services [unless you specifically request that We make a refund using a different method].
8.8 Any cancellation within 24 hours of your appointment or if you or your vehicle are unavailable when we arrive will incur the full cost of the booking.

9 CANCELLATION AFTER THE STATUTORY CANCELLATION PERIOD

9.1 Cancellation of Services after the 14 Calendar Day cancellation period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration. You will be informed of the relevant duration and cancellation provisions by Our salespeople before you complete your Order.
9.2 If you wish to exercise your right to cancel under this Clause 9, you must inform Us of your decision to do so. You may do so in any way that is convenient for you. We provide a cancellation form that you may use if you wish to inform Us in writing. The cancellation form and accompanying instructions is available from our website at www.superchips.co.uk

Alternatively, please contact Us:
a) By telephone on 01280 816781;
b) By email on jo.smith@superchips.co.uk; or
c) By post at Superchips, 30 Clarendon Road, Watford, Hertfordshire, WD17 1JJ.
9.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Services; however, you are under no obligation to provide any details if you do not wish to.
9.4 Eligibility for refunds may vary according to the Services ordered. In some cases, you may be required to make a further payment on cancellation. You will be informed of the relevant terms by Our salespeople before you submit your Order and details will also be included in the Pre-Contract Information.
9.5 Refunds under this Clause 9 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
9.6 Refunds under this Clause 9 will be made using the same payment method you used when ordering the Services [unless you specifically request that We make a refund using a different method].

10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

10.1 If we have to cancel a booking for Services before the Services start:
10.1.1 We may have to cancel a booking before the start date for the Services, due to an event outside Our control or the unavailability of key personnel or key materials without which we cannot provide the Services. We will promptly contact you if this happens.
10.1.2 If we have to cancel a booking under clause 10.1.1 and you have made any payment in advance for Services that have not been provided to you; we will refund these amounts to you.
10.1.3 Where we have already started work on your vehicle by the time, we have to cancel under clause 10.1.1, we will not charge you anything and you will not have to make any payment to us.

11. WARRANTY

11.1 We provide a one (1) year warranty on the software against any bugs, corruption or necessary updates. There may be a call out charge applicable if carried out by Our mobile Services, or an hourly rate of through Our dealer network. Warranty details available at www.superchips.co.uk
11.2 For vehicles that are within their manufacturer’s warranty, we provide a money back guarantee which is valid for fourteen (14) calendar days following and including the day the work was carried out. Any refund issued under the guarantee is subject to a of £90 and an hourly rate of £50 per hour after the first hour (Inc. VAT) call out fee.

We provide the following warranty on:

11.2.2 the Services of Remapping and all other Software services related to the Remap.
11.2.3 on the Goods purchased as part of our Remapping service.
11.3 We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

12. INFORMATION ABOUT US AND HOW TO CONTACT US

12.1 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning us on or by e-mailing us at jo.smith@superchips.co.uk
12.2 If you wish to contact us in writing, or if any clause in these Terms and Conditions requires you to give us notice in writing, you can send this to us by e-mail, by hand, or by pre-paid post to Octopus Automotive Ltd at 30 Clarendon Road, Watford, Herts WD17 1JJ or jo.smith@superchips.co.uk. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the booking.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, General Data Protection Regulation 2016 and Our Privacy Policy.
13.2 We may use your personal information to:
13.2.1 Provide Our Good and Services to you;
13.2.2 Process your Order (including payment) for the Goods and/or Services; and
13.2.3 Inform you of new Goods and/or Services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
13.3 In certain circumstances (if, for example, you wish to purchase Goods and/or Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 2018 and should use and hold your personal information accordingly.

14. GENERAL

14.1 We may transfer Our rights and obligations under these Terms and Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms and Conditions.
14.2 We may amend these Terms and Conditions periodically.
14.3 The Company shall have a general lien on all of your vehicle(s) and all of their contents for all monies owing to the Company by you on any account whatsoever.
14.4 We shall be entitled to reasonable storage charges if you do not pick you vehicle up within 30 days of delivering it to us.
14.5 We are not responsible for loss or damage to vehicles or other property whatsoever or however occasioned, except when such loss or damage is caused by the sole negligence or deliberate act of the Company or its employees or agents. Under no circumstances will the Company accept liability for loss or damage outside its control for any indirect loss, consequential loss, loss of profits, loss of business, loss of use or any special loss.
14.6 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.7 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.8 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce Our rights against you, or if we delay in doing so, that will not mean that we have waived Our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.9 Governing Law
These Terms and Conditions are governed by English law.
14.10 Force Majeure
Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing or failure to perform, any of its obligations under Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.
14.11 Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.
14.12 No Partnership
Nothing in these Terms and Conditions are intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
14.13 Waiver
A waiver of any right or remedy under these Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
14.14 Notices
14.14.1 Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(b) sent by email to jo.smith@superchips.co.uk
14.14.2 Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and
(b) if sent by pre-paid first-class post or other next working day delivery service, at [9.00 am] on the second Business Day after posting [or at the time recorded by the delivery service; and
(c) if sent by fax or email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 14.14.2, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
14.14.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
14.15 Entire agreement.
The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in the Contract.
Nothing in this clause shall limit or exclude any liability for fraud.
14.16 Third parties rights.
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
14.17 Variation
Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
14.18 Governing law
The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
14.19 Complaints and Feedback
14.19.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
14.19.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from www.superchips.co.uk.
14.19.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Goods and/or Services, please contact Us in one of the following ways:
d) (a) In writing, addressed to Superchips, 30 Clarendon Road, Watford, Hertfordshire, WD17 1JJ.
(b) By email, addressed to jo.smith@superchips.co.uk;
(c) Using Our complaints form, following the instructions included with the form;
(d) By contacting Us by telephone on 01280 816781.
14.20. If your vehicle is purchased through a finance plan, such as Personal Contract Purchase (PCP) or Hire Purchase (HP), that you are the ‘keeper’ and not the ‘owner’ of said vehicle. You are therefore contractually obliged to contact your lender and obtain written permission from them for any non-standard modifications.
14.20.1 You are Legally obligated to inform your vehicles Insurer of any modifications made to your vehicle as Insurers can, at their own discretion, revoke or void an insurance policy if they are not informed of said.