Terms & Conditions
1. Application
1.1 Application. The Terms of Trade described within (“The terms’) applies to all trades made with DOF Reality (“The company”).
2. Contractual Basis
2.1 Contractuol Basis. The terms along with offers and order confirmations, forms the combined contractual basis for the Company’s sale and delivery of products, spare ports and related services for the customer (“Contractual basis”). A customer’s purchasing terms are not valid unless confirmed in the contractual basis.
2.2 Changes and additions. Changes and additions to the contractuol basis ore only valid If agreed to in writing.
3. Products, spare parts and services
3.1 Products and spare parts. Products and spare parts sold and delivered by the company, are new and are subject to relevant legislation.
3.2 Services. Relevant services such as after warranty customers support sold to customers are subject to relevant legislation.
3.3 Limitation of Liability. Products, spare parts and services are intended for private entertainment. Despite of opposing in the contractual basis, the company cannot be responsible for loss or damage as a result of other uses than the one intended by the company. Customers must not hold the company accountable for any damage, injury or loss as a result of unintended use.
3.4 Sim Racing Studio Standard license is included with each platform purchase. It is enough to have platforms operations. Sim Racing Studio Premium subscription/license is optional is out of scope of DOF Reality sales and if needed is a subject of additional purchase to be done by the customer directly from SimRacingStudio.
3.5 Sim Racing Studio Software license provided with the features as date of purchase. Additional features might be added later to SRS software and might incur extra charges.
3.6 DOF Reality and Sim Racing Studio reserves the right to change the prices and charges regarding the goods and services available through the Web Site at any time and from time to time without any notice or liability to you or any other person.
3.7 DOF Reality and Sim Racing Studio are not responsible for changes or missing or bad game telemetry leading to the motions absence or inaccuracy issues.
3-8 DOF Reality and Sim Racing Studio can use custoemer information such as name , address and email to contact him/her for informative purposes such as: recalls, promotions, offers, urgent priduct warnings and instructions amendment
4. Pricing and payment
4.1 Pricing. The price for any product, spare part of service is defined in the company’s price guide at the time of the order confirmation, unless otherwise stated in writing. All prices are exclusive of VAT and other taxes that may apply to the offer, due to local legislation within the country of the customers.
4.2 Customers are responsible for paying local VAT, import and customs duty, other taxes as well as inbound brokerage charges and keeping up to date with local laws.
4.2 Payment. Payment for customized products will be subject to an upfront payment before work on the product starts, once we receive the payment, production will start. On all non-pre-order products there is an agreed production time, unless else is specified. All payment terms can be changed if agreed in writing.
4.3 The funds needs to be available within 5 work days to keep customer’s order place in the production line. If the funds have not been received by that time customer order will be placed on hold for two days, then deleted.
4.4 Discounts and promotions offered on our website are valid only for orders placed during the period when the discount was active. Discounts and promotions cannot be applied retrospectively on orders placed before the discount was active, even if the order has not been shipped yet. These discounts are not valid for orders placed after the discount or promotion has been removed or expired.
4.5 Our website discounts and promo codes cannot be combined. Only one discount or promo code can be applied per order.
4.6 Discounts and promotions offered on our website are subject to company management’s discretion. These offers can be activated or removed at any time without prior notice to customers.
4.7 We use only USD as the currency for all of our transactions. The amount in USD will be shown at the last step before payment processing. The amount charged by your bank in your local currency might be different from what is indicated on our site. This happens due to unique exchange rates used by your bank at the moment of the transaction. Any amounts in any currency other than USD are for preliminary information only, without any commitments from our side. DOF Reality is not responsible for compensating for such differences.
5. Cancellations and refunds
5.1 By ordering a non-customized or customized product customer are entitled to a right of refund of the product cost only if the product is not working and was not restored to working condition by joint efforts of the seller and the buyer. Customer can’t get a refund if he just regret the purchase. Shipping and return shipping costs are the customer responsibility. Once sending the product back, customer are responsible for the packing of the product.
5.2 If a refund is requested and accepted the funds will be returned within 20 days.
6. Delayed payments
6.1 Interest. If the customer neglects to pay, or withdraws a payment for at delivered product, spare part or service, of reasons that are beyond the control of the company, an interest of 1% per month will be added to the amount due for payment, until payment is registered on the company’s account.
6.2 Repealing. If the customer neglects to pay a due amount for any product, spare part or service within 14 days of receiving a written reminder hereof, the company is entitled to repeal any other orders made to the company, this includes: (i) keeping upfront payment if the production of a customized unit has begun (ii) stopping any product in transit or withholding shipment of any product or spare part, eventually keeping the product or spare part as payment for the missing amount.
7. Offers, orders, and order confirmations
7.1 Offers. Offers made by the company are valid for 10 days unless otherwise stated in the offer. Acceptance of offers made within the granted period are not binding for the company until an order confirmation has been sent.
7.2 Orders. Any order made by a customer must include (i) order number (ii) Part number (iii) product description (iiii) quantity (v) expected pricing (vi) payment terms.
7.3 Order confirmations. The company aims to send confirmation or rejections of any orders within 1-2 business days from receiving an order. Confirmation and rejections of any order must be in writing in order to be binding for the company.
7.4 Changes and repeals. The customer has a 14-day repeal right on non-customized products and spare parts. Services and customized products cannot be changed or repealed after the order confirmation has been sent by the company, unless otherwise agreed by the company.
7.5 Conflicting terms. If the order confirmation sent by the company conflicts with the customer’s order or the contractual basis, the customer must inform the company within 2 working days after the order confirmation has been sent, otherwise the terms in the order confirmation are valid.
8. Pre-order
8.1 Preorder. In case of a preorder or a preorder list the buyer must either pay a down payment or the full amount.
8.2 Down payment. The down payment is set on a case by case basis. Follow the instructions of the specific preorder-offer.
8.3 Balance payment. The balance payment is required once the production of customer product is ready to commence.
8.4 Delivery times can vary in the pre-order phase, the manufacturing delay is not applicable when pre-ordering the base unit. However, the stated delivery time will hold unless other is specified on customer order.
8.4 Preorder list. Customer position on the preorder list is made final once The company receives payment. Note that preorder lists can be long, and it may take some time before customer receive the product. Customer will get an estimated delivery once the pre-order signup has closed.
8.5 Cancellation. Down payments are not refundable and cannot be exchanged for other items or services. If the production of customer product has already commenced then the order stands as is, and therefore cannot be cancelled.
9. Delivery
9.1 Delivery terms. The company will deliver any product, spare part or service as described in the DAP Incoterms, meaning that the buyer must take care of customs clearance in the importing country, at buyer’s own risk and expense.
9.2 Delivery time. The company will deliver any product, spare part of service at the time noted in the order confirmation. The company is entitled to deliver before the arranged time unless otherwise agreed.
9.3 Pre-ordered item. Delivery time of a pre-ordered item is undefined unless otherwise stated in the pre-order offer. An ETA on delivery will be given once the production of customer product starts.
9.4 Examination. The customer must examine all products and spare parts upon delivery. If any error or shortage is found, the customer must without unnecessary delay, contact the company in writing. If this is not done without unnecessary delay, the right to complain will be void.
9.5 Shipping costs found on the website is an estimated price and can be subject to change depending on location and due to the rates change even after order is placed and paid for. Custoemr can be requested to pay the difference or get a full refund befoe the order is shipped.
10. Delays
10.1 Communication. If any delay is expected by the company, it must be informed without unnecessary delay, along with the cause of the delay and a new expected delivery date.
10.2 Repealing. If the company does not deliver the order within 30 days of the original delivery date, the customer is entitled to repeal the order if done so in writing to the company. The customer will be entitled for a full refund, including upfront payments.
11. Warranty Consumer models
11.1 Warranty. The company must ensure that all products and spare parts are without errors or shortages in design, material and performance in a total period of 12 months from the delivery date. For parts repaired or switched within the period, they will have a 6-month warranty from the date of the repair or switch.
11.2 Exceptions. The company’s warranty does not include wearing parts like wheels and motors, or any error or shortage due to: (i) normal wear and tear (ii) storage, installation, use or maintenance against recommendations from the company (iii) repairs and changes made by other than the company (iv) other conditions outside the company’s control. Some play in the gearboxes and arms joints is unavoidable. It is in the nature of the gearboxes to have play. otherwise, they won’t move. Some gearboxes have less at the beginning, but with time they all will get it. It is normal to have up to 10% of the motion range. Motors can be warm after hours but should not be overheated over 70C. If dampers are included in your order, don’t tight them over 8 setting this will negatively affect motor lifespan.
11.3 Communication. If the customer discovers a fault or shortage within the warranty period, and if the customer wants to invoke the warranty, the fault or shortage must be communicated in writing to the company. If a fault or shortage is not communicated without unnecessary delay, the claim will be void. The customer must inform of any additional information relevant to the fault or shortage, to the best of their ability and answer additional questions relevant to the fault or shortage.
11.4 Examination. Within reasonable time from receiving written notice of a fault or shortage, the company must examine the case and inform whether it is covered by the warranty. The customer must return defect parts if the company wishes so. The customer bears the expense and risk of returning the parts.
11.5 Rectification. Within reasonable time from the company deciding a fault to be covered by the warranty, as per 11.4, the company must rectify the fault by: (i) replacing or repairing the defect part, (ii) send new parts to the customer, in order for the customer to exchange the parts, or (iii) help remotely to to repair the fault.
11.6 Annulment. If the company does not rectify a fault covered by the warranty after noticing the customer hereof, for reasons not caused by the customer, the customer is allowed to cancel the order and other orders affected by the fault and get a refund. The customer does not have any additional rights regarding the fault of any order.
11.7 All the M series and H series (Consumer version) models are not intended for commercial use, and warranty will not be applicable if used with commercial intentions. We will offer a solution for service in the future. If used commercially, we hold the right to refuse repairs under our warranty stated in 11.1 – 11.6.
12. Warranty for Professional models
12.1 Warranty. The company must ensure that all products and spare parts are without errors or shortages in design, material and performance in a total period of 12 months from the delivery date. For parts repaired or switched within the period, they will have a 6-month warranty from the date of the repair or switch.
12.2 Exceptions. The company’s warranty does not include wearing parts like wheels and motors, or any error or shortage due to: (i) normal wear and tear (ii) storage, installation, use or maintenance against recommendations from the company (iii) repairs and changes made by other than the company (iv) other conditions outside the company’s control. Some play in the gearboxes and arms joints is unavoidable. It is in the nature of the gearboxes to have play. otherwise, they won’t move. Some gearboxes have less at the beginning, but with time they all will get it. It is normal to have up to 10% of the motion range. Motors can be warm after hours but should not be overheated over 70C. If dampers are included in your order, don’t tight them over 8 setting this will negatively affect motor lifespan.
12.3 Communication. If the customer discovers a fault or shortage within the warranty period, and if the customer wants to invoke the warranty, the fault or shortage must be communicated in writing to the company. If a fault or shortage is not communicated without unnecessary delay, the claim will be void. The customer must inform of any additional information relevant to the fault or shortage, to the best of their ability and answer additional questions relevant to the fault or shortage.
12.4 Examination. Within reasonable time from receiving written notice of a fault or shortage, the company must examine the case and inform whether it is covered by the warranty. The customer must return defect parts if the company wishes so. The customer bears the expense and risk of returning the parts.
12.5 Rectification. Within reasonable time from the company deciding a fault to be covered by the warranty, as per 12.4, the company must rectify the fault by: (i) replacing or repairing the defect part, (ii) send new parts to the customer, in order for the customer to exchange the parts, or (iii) send a technician to repair the fault.
12.6 Annulment. If the company does not rectify a fault covered by the warranty after noticing the customer hereof, for reasons not caused by the customer, the customer is allowed to cancel the order and other orders affected by the fault and get a refund. The customer does not have any additional rights regarding the fault of any order.
12.7 Software. The software provided is third party and The company cannot be held accountable for issues or other related problems that might occur. Software support it not a part of the purchase unless otherwise stated. Comprehensive guides will be available on our forum
13. Other services for Professional models
13.1 Extended warranty. Extended warranty is available as an addon purchase. Terms and conditions is based on individual needs and will be tailored to meet the specifications requested. Please contact us for more information.
13.2 Service (software & hardware). Extended service (software & hardware) is available as an addon purchase. Terms and conditions is based on individual needs and will be tailored to meet the specifications requested. Please contact us for more information.
14. Responsibility
14.1 Responsibility. Every party is responsible for own actions according to governing law, Wyoming, but with the limitations stated within the contractual basis.
14.2 Product Responsibility. The company is responsible for delivered products and spare parts according to governing law. The customer must not hold the company liable for anything beyond their product responsibility. The customer is responsible for needed assistance and participation in the product diagnostic and parts replacement.
14.3 Limitation of Responsibility. Regardless of opposing terms in the contractual basis. Within one calendar year, the company cannot be held responsible for a larger amount than 50% of the total invoiced amount to the customer, in the previous year. The limitation is void if the company has acted intentionally or with gross negligence.
14.4 Indirect Losses. Regardless of opposing terms in the contractual basis, the company is not responsible for any indirect losses, including loss of production, sales, earnings, time or goodwill, unless it has been intentional or through gross negligence.
14.5 Force majeure. Regardless of opposing terms in the contractual basis, the company is not responsible for unfulfilled obligations, as a result of force majeure and is applicable for as long as the force majeure consists.
15. Immaterial rights
15.1 Ownership. The full ownership for all immaterial rights regarding any product, spare parts, service, patent, design, brand, and copyright, belongs to the company.
15.2 Violation. If products or spare parts violates the immaterial rights of any third party, the company must, as own expense: (i) secure the customers rights to continue using the violating products or spare parts, (ii) change the violating product or spare parts in accordance with the violation, (iii) replace the violating products or spare parts with a non-violating replacement, or (iv) buy back the violating products or spare parts, at the original price, minus 20% previous year since original purchase date. The customer has no additional rights regarding the violation of third parties’ immaterial rights.
16. Liability Exclusion
DOF Reality and its providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, injuries, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the website, DOF Reality and SimRacing Studio applications or hardware by you or any other person, and regardless of any negligence or other fault or wrongdoing by DOF Reality or any provider or any person for whom DOF Reality or its providers are responsible, and notwithstanding that DOF Reality or its providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.
17. Liability Limitation
In no event will DOF Reality or any of its providers’ total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by DOF Reality or any person for whom DOF Reality is responsible, exceed $25 (USD) or the amount you paid to DOF Reality for the use of the DOF Reality hardware, whichever is less.
