TERMS AND CONDITIONS
OF SALE

The website at www.dacodacperformance.com is published and operated by:

The seller is referred to below as “Dacodac Performance” (the trading name of the sole trader Vincent Moity), “we” or “the Seller”.

These Terms and Conditions of Sale (hereafter “ the Terms ”) govern all contractual relations between Dacodac Performance and any buyer (hereafter “ the Customer ”) placing an order on the site.

These Terms apply to the exclusion of any other conditions, including those of the Customer. Placing an order constitutes unreserved acceptance of these Terms in the version in force on the day of the order.

Dacodac Performance reserves the right to amend these Terms at any time. Amendments take effect as soon as they are published on the site. Orders placed before an amendment remain governed by the Terms in force at the time of the order.

Dacodac Performance sells exclusively intangible digital goods and online courses, namely:

The intangible nature of all products and services entails the specific conditions set out in the following articles, in particular as regards delivery, right of withdrawal and intellectual property.

Ordering process: The order is definitively formed upon final validation by the Customer, after confirming the information entered and accepting these Terms. Validation constitutes an electronic signature and express, irrevocable acceptance of the Terms.

Confirmation: A confirmation e-mail is sent to the address provided by the Customer. It is for the Customer to check that the information given is correct. Dacodac Performance cannot be held liable for delivery errors arising from incorrect information supplied by the Customer.

Right of refusal: Dacodac Performance reserves the right to refuse or cancel any order on legitimate grounds, in particular:

• A previous dispute with the Customer
• Suspected fraud or misuse
• Unavailability of the product
• Incomplete, inaccurate or fraudulent information supplied
• Non-payment or refused payment

Where an order is cancelled after payment on any of the above grounds, Dacodac Performance will refund the sums received in full within 14 days, without the Customer being entitled to any further compensation.

Customer information: The Customer warrants that the information provided when ordering is accurate, complete and lawful. Any order placed under a false or stolen identity is the sole responsibility of the Customer.

Prices shown on the site are stated in euros (€), inclusive of tax for consumers and exclusive of tax for VAT-registered businesses, unless expressly stated otherwise.

Dacodac Performance reserves the right to change its prices at any time without notice. The prices that apply are those in force when the order is validated.

Accepted payment methods: bank card (Visa, Mastercard, American Express, Carte Bleue) via Stripe, together with the local payment methods offered by Stripe depending on the Customer's country (in particular iDEAL, Bancontact and Klarna). PayPal is not accepted. Only the methods actually displayed during the ordering process are available. Payment is due in full and immediately at the time of ordering.

Security: Financial transactions are secured using current protocols (SSL/TLS). At no point does Dacodac Performance store the Customer's card details.

Invoice: An invoice or purchase confirmation is issued for every order and sent to the Customer electronically.

Bespoke files: Orders for customised ECU files may require a deposit or payment in full before the work is carried out. That sum is non-refundable once the customisation work has begun, in accordance with article 7 below.

All products sold by Dacodac Performance are digital content delivered electronically — by download, by a download link sent by e-mail, or by access to a members' area.

Time to availability: unless the product page states otherwise, delivery takes place:

• Packs & Tune MegaPack: immediately after payment confirmation, by automatic delivery.
• Bespoke ECU files: generally between 1 and 6 hours during opening hours (10am–11pm, 7 days a week), and no later than 24 hours after receipt of the Customer's original file. This period is indicative and is not a firm commitment.
• Online courses: access is activated immediately after payment confirmation, by automatic delivery.

Delivery times are indicative. Any unreasonable delay should be reported by e-mail. Dacodac Performance cannot be held liable for delays caused by circumstances beyond its control — force majeure, computer failure, unavailability of a third-party provider and the like.

In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to contracts for the supply of digital content not supplied on a tangible medium where performance has begun before the end of the withdrawal period and, for downloadable digital content, where:

• the Customer has expressly agreed that performance should begin before the 14-day withdrawal period expires; and
• the Customer has acknowledged that they thereby lose the right of withdrawal.

Exception – bespoke ECU files: As these are files customised to the Customer's own specifications — make, model, engine, the ECU read supplied — withdrawal is likewise excluded under article L.221-28 5° of the French Consumer Code concerning clearly personalised goods.

Exception – online courses: Since access to a course is digital content, the right of withdrawal is excluded as soon as access is activated, following the Customer's express consent.

Outside the cases provided for by law, no refund will be granted once the digital content has been delivered.

All content on the site — text, images, logos, videos, files, databases, courses — together with the products sold on it — ECU files, Damos packs, tune files, course material — is the exclusive property of Dacodac Performance or of its partners, and is protected by French and international intellectual property law.

Personal, non-commercial licence: Purchasing a digital product grants the Customer a strictly personal, non-exclusive, non-assignable and non-transferable licence of use. The Customer may under no circumstances:

• reproduce, copy, duplicate, sell, resell or exploit all or part of the files or content purchased;
• distribute, share, transfer or make them available to third parties, whether free of charge or for payment;
• publish them on online platforms, social networks, forums or private groups;
• modify, decompile, disassemble them or create derivative works for commercial purposes;
• use them to build a service or product competing with Dacodac Performance.

The Customer undertakes to report to Dacodac Performance immediately any unauthorised use of the content that comes to their knowledge.

The trade marks, logos and distinctive elements on the site are registered or otherwise protected. Any unauthorised reproduction is strictly prohibited.

Commitment on bespoke maps: the file is reworked as many times as necessary, at no extra cost, until it suits the Customer. If no working file can be delivered for the vehicle concerned, the Customer is refunded in full. The Customer keeps their original file: the change is reversible at any time.

No guarantee of result: Dacodac Performance is bound by an obligation of means and not by an obligation of result. ECU files and courses are supplied as they are, on the basis of the information provided by the Customer. Dacodac Performance does not guarantee any specific outcome in terms of performance, fuel consumption or any other technical characteristic of the vehicle.

Customer's responsibility: The Customer acknowledges and accepts that:

• remapping an electronic control unit is a technical operation that carries risk, and it is for the Customer to ensure they have the necessary skill and equipment before any intervention;
• any modification of a control unit may affect the vehicle's manufacturer warranty, its type approval, its insurance, or its compliance with applicable regulations;
• the Customer alone is responsible for the lawfulness of using the products in their own jurisdiction;
• Dacodac Performance cannot be held liable for damage to the vehicle or its components resulting from mishandling, unsuitable equipment, incorrect information supplied by the Customer, or non-compliant use.

Force majeure: Dacodac Performance cannot be held liable for failure to perform its obligations in the event of force majeure within the meaning of article 1218 of the French Civil Code, including major computer failure, cyber-attack, unavailability of hosting services, natural disaster, epidemic, or any other unforeseeable, irresistible and external event.

Statutory guarantee of conformity: Under articles L.224-25-1 et seq. of the French Consumer Code, transposing Directive (EU) 2019/770, consumers benefit from the statutory guarantee of conformity for digital content. Where a lack of conformity is found within two years of supply, the Customer may require the digital content to be brought into conformity. This guarantee does not cover defects resulting from non-compliant use or integration by the Customer.

The ECU remapping files sold by Dacodac Performance, bespoke or standard, are designed to be used by professionals or informed users who have the appropriate technical skills and equipment.

Information required: For bespoke files, the Customer undertakes to supply accurate and complete information — make, model, engine, mileage, any mechanical modifications, the original ECU read. Where the information is inaccurate or incomplete, Dacodac Performance accepts no responsibility for the result obtained.

Compatibility: The Customer is responsible for checking that the file is compatible with their vehicle and their flashing equipment before purchase. Dacodac Performance issues no refund where an incompatibility is found after delivery, if the information supplied by the Customer was inaccurate.

Single use: Unless stated otherwise, bespoke ECU files are supplied for use on the vehicle specifically identified at the time of ordering. Any use on another vehicle, or for commercial purposes such as resale or work for third parties, is strictly prohibited.

The services covered by these Terms consist of digital files intended to be written into a control unit by the Customer or by a third party of their choosing. By placing an order, the Customer declares and warrants the following.

11.1 — Skill and equipment. The Customer declares that they have the technical skill and suitable equipment to use the file supplied, or that they will entrust that operation to a qualified professional. Dacodac Performance at no point works physically on the vehicle.

11.2 — Accuracy of the source file. The Customer warrants that the ECU read supplied is complete, uncorrupted and genuinely taken from the vehicle identified in the order. Dacodac Performance works solely from that file and cannot be held liable for a result arising from an incorrect, partial read, or one taken from a different control unit.

11.3 — Keeping the original file. The Customer acknowledges that it is for them to keep a copy of the original file before any write operation. Dacodac Performance cannot be held liable for the loss of the original file, nor for the consequences of being unable to return the unit to its initial state.

11.4 — Rights over the vehicle. The Customer declares that they own the vehicle concerned, or that they have the express authorisation of its owner to have its control unit modified.

11.5 — Declared use. When ordering, the Customer declares the use for which the file is intended: type-approved road use, or strictly competition and off-public-road use. Any file involving the neutralisation of an emissions control device is supplied exclusively for competition or off-public-road use, on the Customer's express declaration. The Customer alone bears the consequences — regulatory, insurance-related and criminal — of any use inconsistent with the declaration they have made.

11.6 — The write operation. Writing the file into the control unit is carried out by the Customer or by a third party, under their sole responsibility. Dacodac Performance cannot be held liable for damage occurring during or as a result of that operation, in particular where there is a power interruption, unsuitable equipment, an inappropriate protocol, or a control unit rendered inoperative.

11.7 — Modification of the file. Any modification of the delivered file by the Customer or by a third party ends all warranty and all liability of Dacodac Performance in respect of that file.

11.8 — Third-party hardware and software. Dacodac Performance gives no warranty as to the reading and writing tools, editing software or third-party equipment used by the Customer, nor as to their compatibility.

11.9 — Condition of the vehicle. The Customer declares that the vehicle is in good mechanical working order. Engine optimisation amplifies existing weaknesses; Dacodac Performance cannot be held liable for revealing or worsening a pre-existing fault.

11.10 — Indemnity against third-party claims. The Customer indemnifies Dacodac Performance against any claim, action or judgment brought by a third party — in particular the vehicle's owner, an insurer or an authority — arising from a use of the file inconsistent with the declaration made under article 11.5.

The provisions of this article apply without prejudice to the rights a consumer Customer derives from the mandatory provisions of the French Consumer Code, in particular the statutory guarantee of conformity, which cannot be excluded.

Access to online courses is strictly personal and non-transferable. Any login credentials issued to the Customer may not be shared with third parties.

Duration of access: unless the product page states otherwise, access to a course is granted to the Customer permanently, subject to the availability of the platform. Dacodac Performance reserves the right to modify, update or withdraw course content without notice, in particular for technical updating or compliance reasons.

No certification: unless expressly stated, courses delivered by Dacodac Performance lead to no official certification recognised by the State or by an accredited body. They are practical courses provided for professional information.

Participant's obligations: The Customer undertakes not to record, capture, reproduce, broadcast or distribute all or part of the course content, on pain of proceedings for infringement.

Dacodac Performance collects and processes personal data in order to manage orders and the customer relationship, in accordance with the General Data Protection Regulation (GDPR — Regulation (EU) 2016/679) and the French Data Protection Act of 6 January 1978 as amended.

The data collected — surname, first name, e-mail address, payment information — is used solely to process orders, manage after-sales support, combat fraud and, where applicable, send marketing communications after explicit consent.

The Customer has rights of access, rectification, erasure, portability and objection in respect of their data, which may be exercised by e-mail at: contact@dacodacperformance.com.

For further information, see the Privacy Policy available on the site.

Governing law: These Terms are governed by French law. In the event of a dispute over their interpretation or performance, the parties agree to seek an amicable solution before any legal proceedings.

Complaints: Any complaint should first be sent by e-mail to contact@dacodacperformance.com. Dacodac Performance undertakes to acknowledge receipt within 5 working days and to provide a reply within 30 days.

Competent court:

• For consumers: failing an amicable solution, any dispute will be brought before the competent courts of the consumer's place of residence or of the place of performance, in accordance with the French Code of Civil Procedure.
• For business customers (B2B): any dispute will be subject to the exclusive jurisdiction of the Commercial Court of Fréjus (Var, France), notwithstanding multiple defendants or third-party proceedings, including for urgent or protective measures.

Entire agreement: These Terms constitute the entire agreement between Dacodac Performance and the Customer for any order placed on the site, and supersede any prior agreement, oral or written.

Severability: If any clause of these Terms is held void or unenforceable by a competent court, that clause will be deemed unwritten without affecting the validity of the remaining clauses, which will remain in full force.

No waiver: The fact that Dacodac Performance does not rely at any given moment on any clause of these Terms does not constitute a definitive waiver of its right to rely on it later.

Electronic evidence: The computerised records of Dacodac Performance, kept under reasonable security conditions, will be treated as evidence of the communications, orders and payments between the parties. Order forms are archived on a reliable and durable medium.

Hyperlinks: The site may contain links to third-party sites. Dacodac Performance exercises no control over those sites and accepts no liability for their content or their privacy practices.

Contact: For any question about these Terms: contact@dacodacperformance.com