GENERAL TERMS AND CONDITIONS OF BUSINESS
Status: September 2023
These are the general terms and conditions of business (“GTC”) of:
Quantum Inventions Pte Ltd
84 Boon Keng Road Continental Building, Singapore 339780
Phone: +65 68371582
e-mail: support@tracksynq.com
(UEN 200512160W)
Management
Daniel Poon, Mohit Sindhwani, Grace Yap.
UEN: 200512160W
The following GTCs also contain legal information on the rights of the customer in accordance with the regulations on contracts in distance selling and in electronic business transactions.
1. GENERAL PROVISIONS AND SCOPE OF APPLICATION
1.1 Quantum Inventions Pte Ltd (“QI”) offers its customers (Fleet Management and Tracking Solutions( via its own online store (“online store”) at: Home - Continental Smart Mobility webshop for Quantum Inventions (continental-smart-mobility.com) (hereinafter referred to as "website").
1.2 These GTCs shall apply to all items mentioned in section 1.1 and ordered by a customer (“customer”) via QI’s online store.
2. CONCLUSION OF THE CONTRACT IN THE ONLINE STORE
2.1 A contract (the “Contract”) is concluded between QI and the customer under the conditions set out in clauses 2.2 to 2.6.
2.2 The products listed within the online store do not constitute binding offers on the part of QI; rather, it is a request to the customer to submit a binding offer by placing an order.
2.3 The customer can choose from the products listed in the online store and collect them in a so-called shopping cart by clicking the "Add" button. By clicking the button "Order subject to payment", the order from the "virtual shopping cart" is sent to QI. The customer thereby submits a binding order (hereinafter referred to as "offer") to purchase the products in the shopping cart. The customer is deemed to have accepted the GTC upon completing the order. QI may confirm receipt of this order by e-mail (hereinafter referred to as "order confirmation"). The customer's order will be listed again in this order confirmation. The order confirmation merely documents that QI has received the customer's order and does not constitute acceptance of the offer. When ordering products, the Contract shall only come into effect when QI issues the declaration of acceptance, which is sent by a separate e-mail (hereinafter "Shipping and Order Confirmation"). QI is entitled to accept orders, even in part, or to reject them without stating reasons.
2.4 In general, the purchase of products (with the exception of services) will indicate whether the product is "in stock" or "not in stock". Products that are marked as "out of stock" cannot be placed in the virtual shopping cart and cannot be purchased.
2.5 The performance of the Contract by QI is subject to the proviso that there are no impediments to performance due to national or international regulations of foreign trade law and no embargoes (and/or other sanctions).
2.6 Before placing the first order, the customer must register on the website. The customer must be at least 18 years of age and thus have full legal capacity. Mandatory fields are marked with a *. By sending the registration form, the customer confirms the accuracy of all personal or company details. After QI has received the registration form, a link will be sent to the e-mail address provided by the customer during registration. This link contains the address of the website where the customer can complete the registration by setting the password. Once the customer account has been opened, the customer can place future orders by entering his or her user name and password without having to enter his or her address data again. The customer’s data will be transmitted encrypted. The customer can check and correct the entry of his or her address data at any time under the tab "My Account" and under the sub-tab "My Data" and save the changes made by clicking the button "Save". QI reserves the right to refuse or revoke an application for registration or an existing registration without stating reasons. The customer is responsible for keeping the password secret. QI can only check whether an access code corresponds to a properly activated customer authorization. QI shall have no further obligation to verify this. Any person who logs in with a customer authorization released on the website and the corresponding password is deemed to be authorized to place orders for the customer registered with it in a legally effective manner.
2.7 The customer may correct his or her entries at any time during the ordering process. On the page "shopping cart" the customer can check his or her entries for the products and the quantity of products. The customer may correct the quantity of the selected products by changing the number under "Quantity" and delete the selected product by pressing the "Delete" cross. After the customer has forwarded the shopping cart by pressing the "Checkout" button, the customer may still cancel the order process at any time by closing the browser. On the page "Order Overview" the customer may check his or her entries for the delivery address and payment method. The customer may correct the delivery address and payment method by clicking on the “Change” button.
2.8 QI shall contact the customer, based on the contact information provided in the registration form, within 3 business days from the completion of payments for the products, in order to schedule an installation date, time and location (if applicable). Additional charges may be imposed by QI for on-side installation.
2.9 The text of the Contract will be stored and will continue to be accessible via the internal customer area after the order has been placed. Login shall be carried out directly via the website by entering the user name corresponding to the e-mail address provided and the previously determined password. You can view the terms and conditions at any time on the website. The order data are sent to the customer with the order confirmation. After completion of the order, the customer's order data is no longer accessible via the Internet for security reasons.
3. CONFORMITY OF THE CUSTOMER
The customer confirms that the products purchased under this Contract may be subject to export control or economic sanctions under the laws of Singapore, the Federal Republic of Germany or other applicable laws. The customer is responsible for ensuring compliance with all such applicable laws, and undertakes not to export/re-export, transfer or grant access to controlled technology without first obtaining all necessary permits and licenses.
4. WITHDRAWAL
Withdrawal
4.1 Withdrawal or cancellation of purchase of goods
Any approval for withdrawal or cancellation of a purchase or order by a customer shall be at the sole discretion of QI, and all requests for withdrawal must be received and acknowledged by QI at least 1 business day before any installation of any products.
To request a withdrawal, please write to:
Quantum Inventions Pte Ltd
84 Boon Keng Road Continental Building, Singapore 339780
Phone: +65 68371582
e-mail: support@tracksynq.com
Consequences of withdrawal/cancellation
If a customer’s request for withdrawal or cancellation is approved by QI, QI shall reimburse the customer for all payments received by QI. For this reimbursement, QI may use the same means of payment that the customer has used for the original transaction, unless expressly agreed otherwise with you.
5. RETENTION OF TITLE
QI shall retains title to all products sold until the purchase price has been paid in full by the customer.
6. PRICES, DELIVERY AND SHIPPING COSTS
6.1 Unless otherwise stated in the Online Store, the prices indicated do not include any installation, rectification, on-site, packaging, freight, postage and insurance. Additional delivery and shipping costs shall be borne by the customer, the amount of which is determined by the information provided in connection with the specific offer. All additional costs will be clearly and comprehensibly communicated to the customer including when QI contacts the customer for installation scheduling (if applicable).
7. TERMS OF PAYMENT
7.1 The customer can pay by credit card (Visa) or via PayNow.
7.2 Payment of the purchase price is due immediately upon conclusion of the Contract. The customer shall pay all amounts without deduction no later than 10 days after receipt of the request for payment; the date of receipt of the money for unconditional disposal by QI shall be decisive for the timeliness of the payment. The date of receipt of payment shall be deemed to be the date on which the amount is paid to QI via PayNow or credited to a credit card. If the due date expires without payment, the customer shall be deemed to be in default of payment without further notice from QI.
7.2.1 If payment is to be made by credit card, the customer authorizes QI, upon disclosure of his credit card data, to have the full invoice amount, including any delivery, packaging and shipping costs incurred, charged to the customer's credit card when due.
7.2.2 QI shall have the right to charge the customer interest on any amount due or payable to QI at the rate of two (2) percent/month calculated and compounded in such manner as may be determined by QI from time to time.
8. TERMS OF DELIVERY AND SHIPPING
8.1 The method of delivery of products shall be (delivered upon installation). If a customer wishes to arrange for an alternative method of delivery, the customer may contact QI by phone or email (contact details given above) to make such arrangement. QI shall not be obliged to accept all requests for alternative methods of delivery.
9. CUSTOMER SERVICE, WARRANTY
9.1 Any inquiries and/or complaints of any kind should be addressed to QI using the contact details given above.
9.2 Unless otherwise stated, the warranty period for all products is one (1) year from the date of purchase of the product.
10. LIMITATION OF LIABILITY
10.1 The products in the online store are provided and offered on an “as-is” basis, and QI does not provide any guarantee, representation or warranty, whether express or implied, in respect of merchantability, quality or fitness for any particular purpose, in respect of any products, except as set out in the warranty for that product (subject to clause 11 of the GTC).
10.2 The customer acknowledges and agrees that QI shall not be liable for any loss, damage, liability, claims or costs (including any legal costs), whether direct or indirect, suffered, incurred or sustained by the customer or any third party caused by or arising from any:
10.2.1 use of the product that is not in accordance with QI’s instructions or guidelines;
10.2.2 modification to the product that has not been authorised by QI in writing; and/or
10.2.3 breach of the GTC or the Contract by the customer.
10.3 The customer shall fully indemnify and hold harmless QI (and its directors, officers, employees, agents, affiliates and contractors) at all times against all actions, claims, liability, losses, damages, proceedings and costs (including legal costs) whatsoever which may be brought or commenced against QI by any person and/or which QI may suffer, incur or sustain, caused by or arising from any:
10.3.1 use of the product that is not in accordance with QI’s instructions or guidelines;
10.3.2 modification to the product that has not been authorised by QI in writing;
10.3.3 breach of the GTC or the Contract by the customer; and/or
10.3.4 enforcement by QI of any rights against the customer under the GTC or the Contract and/or any proceedings or actions commenced by QI for such purpose.
10.4 Notwithstanding any provision in the GTC or Contact to the contrary and to the extent permitted by law, QI shall not be liable in any way to the customer, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any indirect, consequential, collateral, special, punitive or incidental loss or damage, or any direct or indirect economic or financial loss or damage (including loss of revenue or profits) howsoever caused or arising, including but not limited to any such loss or damage caused or arising from a customer’s order of any products from the online store.
10.5 Subject to the exclusions set out in clause 10, QI’s liability to each customer under a Contract shall not in aggregate exceed an amount that is equivalent to the payment received by QI for the product(s) that is the subject of a claim. Nothing in the GTC or Contract is meant to exclude, restrict or limit QI’s liability to a customer caused by or arising from:
10.5.1 death or personal injury resulting from QI’s negligence;
10.5.2 fraud or fraudulent misrepresentation; and
10.5.3 any other liability that cannot be excluded, restricted or limited by the applicable law.
11. HANDLING OF THE PRODUCTS
11.1 The products offered in the online store are primarily products which are installed in motor vehicles or used in connection with them.
11.2 Due to the technical complexity of such products, proper installation or proper handling of these products by competent persons is essential for the faultless and safe functioning of the products.
11.3 The product information and safety instructions enclosed with or attached to the product, or as advised by QI, must be strictly observed by the customer.
11.4 Any warranty claims in respect of a product can only be asserted if the conditions stated in clauses 11.2 and 11.3 of the GTC are fulfilled. The assertion of warranty claims by the customer for damages resulting from non-compliance with clauses 11.2 and 11.3 of the GTC is excluded.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 The Contract shall be governed by and construed in accordance with the laws of the Republic of Singapore. The provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG/UN Sales Convention) shall not apply.
12.2 The customer and QI agree that any dispute, controversy or claim arising out of or in connection with the GTC or Contract (“Dispute”) shall be first attempted to be resolved by way of negotiation in good faith.
12.3 If parties fail to reach a resolution of the Dispute within thirty (30) days from the commencement of such negotiation, the Dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“Rules”) for the time being in force, which Rules are deemed to be incorporated by reference in this clause. There shall be one (1) arbitrator. The language of arbitration shall be English. The seat of arbitration shall be Singapore.
12.4 Nothing in the GTC or Contract is meant to stop, preclude or be relied on as a ground for stopping or precluding QI from seeking urgent temporary or interlocutory relief, including any orders for injunctive and/or specific performance, in a court of competent jurisdiction, as may be reasonably required to preserve QI’s rights. Any such application for relief shall not be deemed to be a breach or waiver of the dispute resolution procedure provided for in this clause.
13. FINAL PROVISIONS, DATA PROTECTION
13.2 Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the Contract, the validity of the remaining provisions of the GTC shall remain unaffected. The invalid or unenforceable provision shall be replaced by a provision whose effects come as close as possible to the substantive objective which the parties had pursued with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the GTC contain an unintentional loophole.
13.3 The customer may at any time call up, change or delete the data stored by him or her under the button "My Account" in his profile. In addition, with regard to any consent of the customer and further information on data collection, processing and use, reference is made to the data protection information, which can be called up in printable form at any time on QI's website via the footers "Privacy" and "Cookies".