Terms and Conditions

Buildjournal Terms of Service

Last modified: February 28, 2023

Thanks for using our products and services (“Services”). The products and “Services” are provided by Buildjournal LLC (“Buildjournal”), located at 2035 Sunset Lake Rd , Suite B-2, Newark, DE 19702, United States.

By using our Services, you are agreeing to these terms. Please read them carefully.

1. Terms

By accessing the website at https://thebuildjournal.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on Buildjournal’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Buildjournal’s website;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Buildjournal at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on Buildjournal’s website are provided on an ‘as is’ basis. Buildjournal makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Buildjournal does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
3. Further, in no event shall Buildjournal or its suppliers be liable for any damages arising out of the use or inability to use the products on Buildjournal’s website including all products on Buildjournal.
   1. All ECU tunes or flashes from Buildjournal are for off-road/track use only. None of our products can be used at any time on any emissions control vehicle that is used for anything other than off-road/track performance and shall not be used on public roads.
   2. Improving the performance of an engine by altering the engine’s computer software may cause excessive “wear and tear” to the engine and could result in damage or even destruction of the vehicle. The user assumes these risks. Buildjournal is not responsible for damage to a vehicle of this kind.
   3. All products of Buildjournal have not been tested or approved by any federal or local governing agency and are not approved or recommended for street use. Understanding the legal requirements or legal limitations regarding the use of this product is the sole responsibility of the user.
   4. All Buildjournal ECU tunes or flashes are intended for racing/closed course competition use only. User is responsible for obeying all traffic and governing laws pertaining to their state of residence. Please tune and drive responsibly.
   5. For E-Flash tuning and any other flashing procedures, the user is responsible for successfully flashing or modifying contents of the car and is responsible for ensuring the car is in a healthy state for the flashing procedure. Buildjournal is not liable for any damages to your ECU/DME and offer no warranty.
   6. The tune file that you receive has to be installed and married to your ECU/DME version in which your bin file, that you uploaded and sent to us, came from otherwise your tune will not function. Installing the tune on the incorrect ECU/DME version will brick your ECU/DME. This includes installing on dealer-flashed ECU/DME.
   7. Tuning may take up to 5 business days, from the time we have your bin file and screenshot, to complete.
4. The information provided at “thebuildjournal.com” web site is “as is” with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. “thebuildjournal.com” web site nor it’s owner/creator, can not and does not provide any warranty, expressed or implied, about the accuracy or use of information found on “thebuildjournal.com” web site. The user assumes that risk.
5. Under no circumstance will “thebuildjournal.com” web site nor it’s owner/creator, be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages based on any use of this web site or any information contained herein, including, without limitation, any lost profits, business interruption, or loss of programs or information.
6. Unless otherwise specified, tunes, software downloads, and purchases from Buildjournal are digital goods that are not returnable or refundable after purchase. Due to the nature of software, refunds are not possible. All products and materials on Buildjournal’s website are provided and sold on an ‘as is’ basis and are final. Buildjournal tunes are fully reversible at the customer’s discretion. Refunds, full or partial, are issued on a case-by-case basis at Buildjournal’s discretion.

4. Limitations

In no event shall Buildjournal or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Buildjournal’s website, even if Buildjournal or a Buildjournal authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. With regards to physical items, they are shipped on based on shipment contract terms and risk of loss is transfer to the buyer when the seller tenders item to a common carrier.

5. Accuracy of materials

The materials appearing on Buildjournal’s website could include technical, typographical, or photographic errors. Buildjournal does not warrant that any of the materials on its website are accurate, complete or current. Buildjournal may make changes to the materials contained on its website at any time without notice. However Buildjournal does not make any commitment to update the materials.

6. Links

1. Buildjournal has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Buildjournal of the site. Use of any such linked website is at the user’s own risk.
2. Some of the links in the website articles are affiliate links, meaning, at no additional cost to you, we will earn a commission if you click through and make a purchase. 

7. Modifications

Buildjournal may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Delaware and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

9. Store policy

Returns
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Several types of goods are exempt from being returned including downloadable software products such as the B-Spec Tune for BMW E46 M3, Re-tune Service for B-Spec Tune and E46 M3 SMG Transmission Tune.

Additional non-returnable items:
* Gift cards
* Some health and personal care items

To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted: (if applicable)
* Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
* Any item that is returned more than 30 days after delivery

Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at thebuildjournal@gmail.com.

Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at thebuildjournal@gmail.com and send your item to: PO Box 29022 Anaheim, CA 92809, United States.

Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping
To return your product, you should mail your product to: PO Box 29022 Anaheim, CA 92809, United States. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. You should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Your order may qualify for free ground shipping to the contiguous United States (48 states) for most orders with a value greater or equal to $100.00 USD. Oversized products and drop/direct ship products are excluded from this offer unless otherwise noted.

Greyhound Shipping
We currently offer Greyhound Standard shipping for the Front Race Splitter only. All shipments travel under our coaches and share the cargo space with passenger luggage. Based on capacity, room can be a commodity. Standard Service shipments can potentially be deferred so that passenger luggage and Priority Service shipments may travel unimpeded. Standard service shipments do not always go out on the next bus, do not always stay on the same schedule, and in the case of multiple pieces, do not always travel together.

Please see the below guidelines for regular transit times by mileage. All transit time days listed are business days (Monday – Friday). Shipments more than 48″ in length or greater than 5 pieces may take up to 13 additional days in transit due to capacity and size constraints.

These guidelines in no way constitutes a guarantee.

The policies listed above are subject to change at any time without notice.