Terms & Conditions

These Terms govern the sale of automotive parts and the provision of testing, diagnostics, repair, refurbishment, remanufacturing, exchange supply and related services through our website and other sales channels.

Effective date: January 2026 Last updated: March 2026

Legal entity: FREESTORM LTD

Registered address: Unit 3, Churchfield, Exchange Business Park, T23V027, Cork, Ireland

Contact email: [email protected]

Contact phone: +353 21 2066 112 VAT number: IE9656359L

Related policies:

Privacy Policy

Cookie Policy

Returns & Refunds

Warranty

Contact Us

These Terms and Conditions (“Terms”) set out the rights and obligations of FREESTORM LTD and its customers in relation to the supply of automotive electronic components and related services. They apply to all contracts concluded via the website freestorm.ie, by telephone, email, or in person, and incorporate the statutory rights afforded to Consumers and Business Customers under applicable Irish and EU legislation.

1. Introduction & Acceptance of Terms

1.1 Who We Are

These Terms & Conditions (“Terms”) govern all sales of Goods and provision of Services by FREESTORM LTD (“FREESTORM”, “we”, “us”, “our”) via our websites Freestorm.ie, Freestorm.co.uk, Freestorm.eu, telephone, email, over the counter or any other channel. Our company details appear in Clause 25.

1.2 Version & Effective Date

Last updated: March 2026. The version in force at the time you place your Order (see Clause 8) will apply to that Order.

1.3 Who You Are

References to “Customer”, “you” or “your” mean either:

• a Consumer acting outside their trade or profession; or
• a Business Customer acting wholly or mainly for business purposes, as those terms are defined in Clause 3.

1.4 Acceptance by Website Use

By accessing, browsing or using our Site you agree to be bound by the Site-use provisions of these Terms (e.g. Clause 15 Intellectual Property), our Privacy Policy and Cookie Policy. If you do not agree, you must not use the Site.

1.5 Acceptance by Order

By placing an Order for Goods or Services you offer to purchase under these Terms. A binding Contract is formed only when we issue an Order Confirmation in accordance with Clause 8.

1.6 Minimum Age & Authority

You confirm that you are at least 18 years old and have authority to bind the entity on whose behalf you place the Order. We may cancel Orders that fail identity, age-verification or anti-fraud checks.

1.7 Save / Print

You may download or print a copy of these Terms for future reference. A copy is available at our reception counter and available to download on our website. Information on where to find a copy will be advised on your invoice and remains available on request for at least six (6) years (Clauses 20 & 25).

1.8 Mandatory Consumer Information

Key statutory rights are summarised in Clause 12 (Returns & Refunds) and Clause 18 (Dispute Resolution). The Model Withdrawal Form required by EU distance-selling law appears in Schedule A.

1.9 Priority of Documents

If you and we have signed a bespoke written agreement or credit-account deed, that document prevails over these Terms to the extent of any conflict (Clause 22).

1.10 Language

These Terms are drafted in English. Any translation is provided for convenience only; the English version prevails.

1.11 Scope of These Terms

These Terms apply to:

• access to and use of our websites;
• online and offline orders for Goods;
• requests for testing, diagnostics, repair, refurbishment, remanufacturing, coding, exchange supply and related Services;
• compatibility / fitment enquiries and assessments;
• distance contracts concluded through our website, by email, by telephone, or in person; and (f) contracts with both Consumers and Business Customers, subject always to any mandatory consumer rights that cannot legally be excluded.

2. Regulatory Compliance

2.1 General Commitment

FREESTORM LTD undertakes to conduct its business in full compliance with all statutes, regulations, industry standards and codes of practice applicable in the Republic of Ireland (“ROI”). These Terms shall be interpreted so far as possible to give effect to, rather than conflict with, those mandatory rules.

2.2 Consumer-Protection Framework

• EU – European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013; Consumer Rights Directive 2011/83/EU; Unfair Commercial Practices Directive 2005/29/EC; Unfair Contract Terms Directive 93/13/EEC.
• ROI – Sale of Goods and Supply of Services Act 1980 (as amended), Consumer Rights Act 2022.

Nothing in these Terms limits or removes any non-excludable statutory rights (see Clauses 12, 18, 19).

2.3 Distance-Selling & E-Commerce

• European Communities (Directive 2000/31/EC) Regulations 2003 (ROI).
• Electronic Identification & Trust Services (eIDAS) Regulation 910/2014/EU for electronic signatures and seals.
• We display required pre-contract information (Clauses 5, 7, 11) and provide the Model Withdrawal Form (Schedule A) in the format annexed to the applicable EU consumer legislation.

2.4 Data-Protection & Privacy

• EU GDPR 2016/679, and Irish Data Protection Acts 1988-2018.
• e-Privacy Regulations 2011 (ROI) for cookies and electronic marketing (see Clause 17).

2.5 Product Safety, Automotive & Environmental Rules

• General Product Safety Directive 2001/95/EC; ROI General Product Safety Regulations 2004.
• UNECE Regulation 13, Regulation 79 and ISO 26262 (functional safety) for ABS/EPS remanufacture (Clauses 5, 13).
• ELV Directive 2000/53/EC, WEEE Directive 2012/19/EU, Batteries Regulation 2023/1542/EU regarding Core returns, recycling and safe disposal (Clauses 9, 21).
• REACH Regulation 1907/2006/EC for substances of very high concern in replacement parts.

2.6 VAT, Customs & Export Controls

• Value-Added Tax Consolidation Act 2010 (ROI).
• Union Customs Code (EU) for cross-border deliveries (Clause 11).
• EU Dual-Use Regulation 2021/821, and applicable sanctions regimes; we will not ship where forbidden and may cancel Orders (Clause 8).

2.7 ADR

• We facilitate consumer redress in accordance with ADR Directive 2013/11/EU (Clause 18).

2.8 Updates & Continuous Compliance

• We monitor legislative changes and update these Terms (Clause 20) and internal procedures as necessary. Where a change in law renders any clause unlawful or unenforceable, Clause 23 (Severability) shall apply, and the affected provision will be modified or excised to the minimum extent required.

3. Definitions

For ease of reference, the following words and phrases have the meanings set out below. Terms defined elsewhere in these Terms (e.g. “Force-Majeure Event” in Clause 16) have the same meaning when used here.

Singular includes the plural and vice-versa; headings are for convenience only and do not affect interpretation.

4. Eligibility to Purchase

4.1 Age & Legal Capacity

You must be at least 18 years old and possess full legal capacity to enter binding contracts. By placing an order, you represent that you meet these requirements.

4.2 Consumer vs Business Declaration

• If you purchase as a Consumer, you confirm the Goods are for personal use outside any trade, craft, or profession.
• If you purchase as a Business Customer, you warrant that (a) you are acting in the course of business, (b) the person placing the order is duly authorised to bind the company, and (c) the details supplied (legal name, registered office, company registration number, VAT/tax ID) are correct.

4.3 Provision of Information & Verification

You must provide all information reasonably requested by us to verify your identity, billing details, VAT status, and (where applicable) creditworthiness. We may carry out credit, anti-fraud, antimoney-laundering (AML), and sanctions screening. We reserve the right to decline or cancel orders if verification is incomplete or unsatisfactory.

4.4 Sanctions & Export Control Compliance

You confirm that neither you nor the end-user is:

• listed on any EU, UK, or US sanctions or denied-party registers; or
• located in, or purchasing for delivery to, a country subject to comprehensive trade sanctions or embargoes. You undertake not to resell or export the Goods in violation of applicable dual use, military end-use, or automotive recall regulations. Where export licences are required, you are responsible for obtaining them unless we agree otherwise in writing.

4.5 Tax & VAT Declarations

Where you request zero-rated intra-EU supply, you must provide a valid VAT number and warrant that the Goods will be transported outside ROI. We may use the EU VIES system to validate VAT numbers and may charge VAT retrospectively if a number is invalid or the Goods remain in ROI.

If you are a Consumer, you will be charged the standard Irish VAT rate of 23% for goods and 13.5% for services, where applicable.

Exports from the Republic of Ireland to customers outside the EU open market (including, but not limited to, the UK and USA) will generally be supplied without Irish VAT, and you will be responsible for any applicable local VAT, duties or import charges at destination.

4.6 Lawful Purpose & Acceptable Use

You must use the Goods and Services only for lawful automotive repair, remanufacturing, or diagnostic purposes and not for any fraudulent, deceptive, or harmful activity.

4.7 Consequences of Ineligibility or Breach

If we discover that you (a) do not meet the eligibility criteria, (b) supplied false or misleading information, or (c) breach export-control or sanctions laws, we may immediately cancel the order, suspend deliveries, and/or terminate any credit terms without liability, except to refund any advance payments for undelivered Goods.

5. Product Information & Technical Descriptions

We supply a combination of new OEM parts, refurbished parts, remanufactured units, repaired customer units, and exchange units. The exact status of the Product or Service will be stated in the relevant product listing, quotation, Order Confirmation or workshop communication.

5.1 Accuracy of Descriptions

We make every effort to ensure that part numbers, cross-references, photographs, dimensions, pinouts, and hydraulic configurations published on our Site, catalogues, and quotations are accurate and up to date. However, automotive manufacturers may introduce running changes, supersessions, or region-specific variants without notice. Errors or omissions are unintentional and do not constitute misrepresentation.

5.2 Remanufactured vs. New Goods

Unless expressly stated otherwise in the relevant product listing, quotation or Order Confirmation, replacement ABS pumps and EPS units supplied by FREESTORM will be supplied as remanufactured, refurbished or exchange units, depending on the specific transaction. New OEM parts will be clearly identified as such.

Remanufactured units typically:

• are stripped, cleaned, and inspected in accordance with calibrated work instructions;
• receive new seals, O-rings, MOSFETs, relays, or other wear components where required;
• are function tested on proprietary hardware that simulates real-world load cycles;
• are encoded with the latest applicable software calibration (subject to OEM licensing).

5.2.1 Refurbished, Repaired and Exchange Units

Where a Product is described as “refurbished”, “repaired”, “remanufactured” or “exchange”, those terms describe different commercial and technical processes:

• “repaired” means your original unit is tested and repaired and then returned to you, unless otherwise agreed;
• “refurbished” means a previously used unit or component has been cleaned, inspected, repaired and/or tested for re-use;
• “remanufactured” means a used unit has undergone a more extensive restoration and testing process intended to restore it to functional serviceability; and
• “exchange” means we supply another unit in place of your original unit, which may be subject to a Core return requirement and/or a Core Deposit / Core Surcharge.

Unless expressly stated otherwise, an Exchange unit may be refurbished or remanufactured in nature and may require return of the original Core.

5.3 Compatibility, Fitment & Vehicle Information

It is your responsibility to verify that the part number, connector orientation, hydraulic port layout and software coding of the ordered unit match your vehicle’s requirements. We strongly recommend cross-checking the OEM part number stamped on your original unit, consulting official workshop manuals or our technical support team before purchase, and performing any guided scantool calibration after installation.

Any compatibility or fitment advice we provide depends entirely on the accuracy and completeness of the Vehicle Information supplied by you. We may request VIN, OEM number, registration number, engine details, photographs, fault codes or other technical data before giving fitment guidance. If you do not provide the requested information, we may be unable to confirm compatibility.

If you proceed with a purchase without fitment verification after being advised of that risk, your remedies for incorrect selection may be affected only to the extent permitted by applicable law; your statutory rights in relation to faulty or misdescribed Goods remain unaffected.

5.4 Embedded Firmware & Software Licensing

Some units contain proprietary firmware copyrighted by the vehicle manufacturer. FREESTORM supplies such firmware only in object-code form for the sole purpose of operating the supplied hardware. No source code, decompilation, or reverse engineering rights are granted. Any cloning or duplication of OEM firmware beyond the lawful scope of vehicle repair may infringe intellectual property laws.

5.5 Images, Colours & Branding

Product images are for illustrative purposes. Actual colour, casting marks, or label layouts may vary. Any third-party brand names, part numbers, or logos used are solely for identification and do not imply that the Goods are manufactured or endorsed by the original equipment manufacturer.

5.6 Supersession & Obsolescence

Where the OEM has superseded a part number, we may supply an equivalent or improved unit. If a particular variant is obsolete or no longer serviceable, we will contact you with options (e.g. upgraded replacement, repair of original, or refund).

5.7 Technical Support & Documentation

Our engineers can provide email or phone support during Working Hours for issues relating to installation or coding, bleeding procedures and fault-code troubleshooting.

6. Account Registration & Customer Portal

6.1 Availability of an Account

We may make available an online customer account / customer portal through our website for order tracking, service requests, warranty submissions, returns handling, saved vehicle details, account history and other account-related functions.

6.2 One Account Type

We operate a single general account structure. The same account area may be used by both Consumers and Business Customers.

6.3 Customer Status

• The existence of an account does not itself determine your legal status. Your status as a Consumer or Business Customer depends on the capacity in which you place an Order or request Services under these Terms.
• Where you act wholly or mainly outside your trade, business, craft or profession, the provisions of these Terms relating to Consumers and any mandatory consumer rights will apply.
• Where you act in the course of trade, business, craft or profession, the provisions of these Terms relating to Business Customers will apply.

6.4 Eligibility

To create an account, you must:

• be at least 18 years old;
• provide accurate and complete registration information; and
• have legal authority to act on behalf of any business, garage, distributor or other organisation named on the account.

6.5 Accuracy of Account Information

You must ensure that all account information is accurate, complete and kept up to date, including your name, business name (if applicable), billing address, delivery address, email address, telephone number, VAT number (if applicable), and any saved vehicle or workshop details.

6.6 Login Credentials & Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities carried out through your account, unless caused by our negligence or security failure. You must notify us promptly if you suspect unauthorised access, misuse or compromise of your account.

6.7 Business Use of Shared Accounts

Where an account is used by a garage, workshop, distributor or other Business Customer, the account holder is responsible for ensuring that only authorised personnel have access to the account. We may treat any Order, approval, instruction, return request, warranty request or service authorisation submitted through that account as having been validly made by the Business Customer.

6.8 Account Functions

Your account may allow you to:

• place or review Orders;
• submit repair, testing or service requests;
• store vehicle information or order history;
• track returns, warranty claims or exchange/core returns;
• access invoices, quotations or account documents; and
• manage saved contact and delivery details.

We may change, suspend or remove account features from time to time for operational, security or legal reasons.

6.9 No Guarantee of Continuous Availability

We do not guarantee that the account portal or all account features will be available at all times or without interruption. Access may be suspended for maintenance, updates, security checks, fraud prevention or technical reasons.

6.10 Suspension or Closure of Accounts

We may suspend, restrict or close an account where:

• the account information is false, misleading or incomplete;
• we reasonably suspect fraud, unlawful activity, misuse, abusive behaviour or unauthorised access;
• there is a material breach of these Terms;
• payment defaults or chargeback abuse occur; or
• continued access would create a legal, regulatory or security risk.

Where appropriate, we will try to notify you before suspension or closure, but we may act immediately where necessary for fraud prevention, legal compliance or system security.

6.11 Effect of Account Suspension or Closure

Suspension or closure of an account does not affect:

• any rights or obligations already accrued under an existing Contract;
• any outstanding payment obligations;
• any warranty, return or complaint rights already in progress; or
• our right to keep records where required by law.

6.12 Deletion of Account

You may request closure of your account at any time by contacting us. Closure of an account does not automatically delete records that we are required to retain for legal, tax, warranty, fraudprevention or regulatory purposes. Personal data will be handled in accordance with Clause 17 and our Privacy Policy.

6.13 Consumer and Business Rights

Nothing in this Clause limits any mandatory rights of Consumers under applicable law. Business Customers remain responsible for all activity carried out through their account by their staff, agents or authorised users.

6.14 Website Use Rules

You must not misuse the Site or customer portal, including by:

• scraping, crawling or extracting content without our permission;
• submitting false service requests, false compatibility enquiries or fraudulent account information;
• attempting unauthorised access to accounts, systems or data;
• interfering with the operation, security or performance of the Site; or
• using the Site for unlawful, abusive or deceptive purposes.

7. Pricing, Payment, VAT & Currency

7.1 Pricing

Prices are quoted ex works (EXW, Incoterms® 2020) in euro (€) unless otherwise selected.

7.2 VAT is charged according to the ship-to address:

• ROI customers: Irish VAT at 23% for goods and 13.5% for qualifying services, where applicable.
• Intra-EU B2B with a valid VAT number: zero-rated (reverse charge).
• Customers outside the EU open market:

Exports from the Republic of Ireland to customers outside the EU open market (including, but not limited to, the UK and USA) will generally be supplied without Irish VAT, and you will be responsible for any applicable local VAT, duties or import charges at destination.

• Quotation

Quotes remain valid for 14 days unless stated.

• Fees

Bank or card charges, import duty, brokerage fees, and currency conversion costs are borne by you.

7.5 Accepted Payment Methods

We accept the following payment methods:

• Credit & debit cards – Visa, Mastercard, Maestro, American Express, and other cards displayed at checkout.
• PayPal and other secure online wallets, where offered.
• Open Account / Trade Credit – available to approved Business Customers only.
• Bank transfer / SEPA credit transfer – account details are available on request.

Payment is deemed received when cleared funds reach our nominated account.

7.6 Payment Terms for Business Customers

Unless a written credit agreement is in place, all invoices must be paid in full prior to dispatch.

Where we grant trade credit, invoices are payable within 30 days of the invoice date (or such shorter period as stated), without any right of set-off, deduction, withholding, or counterclaim, except where such right cannot legally be excluded.

7.7 Late Payment

We reserve the right to charge interest on overdue sums at the rate of 8 percentage points above the European Central Bank (ECB) main refinancing rate. Interest accrues on a daily basis from the due date until payment is received in full.

We are also entitled to claim the fixed sum compensation and reasonable recovery costs permitted by the European Communities (Late Payment in Commercial Transactions) Regulations 2012 (S.I. No. 580/2012) and by the EU Late Payment Directive 2011/7/EU.

7.8 Persistent Non-Payment and Suspension of Services

If payment remains outstanding 14 days after the due date we may, without prejudice to any other rights:

• suspend further deliveries or Services;
• place the account on hold or withdraw credit terms;
• cancel open orders;
• engage third party collection agencies or commence legal proceedings.

You are liable for all reasonable costs of enforcement, including agency fees and legal costs, to the extent permitted by law.

7.9 Card Pre-Authorisations (Core Deposit/Core Surcharge and Coder Deposits)

7.9.1 Exchange Repair

For Advanced Exchange Repair / Exchange Repair orders and for Coder rentals we will place a card pre-authorisation (AUTH) for the stated Core Deposit/Core Surcharge and/or Coder Deposit using BOI Payment Acceptance (BOIPA/Authipay) pay-by-link (and, where applicable, Virtual Terminal for business customers). This authorises, but does not immediately charge, the deposit amount(s).

7.9.2 Card Authorisations

Card authorisations typically expire after approximately 30 days unless captured or re-authorised. Where the Core Return Window exceeds the hold duration, you authorise us to re-authorise the deposit once (or to send a fresh AUTH link) if the Core has not yet been received/accepted.

7.9.3 VAT Treatment

A card hold is outside the scope of VAT. A card pre-authorisation is not treated as payment for the Goods or Services. VAT will only be charged if we actually take or keep any part of that amount, where required by law.

7.9.4 Card Storage

No card storage. We do not store full card details; processing is performed by PCI-DSS-certified providers.

7.10 Alternative to Card Hold (fallback)

If you cannot complete a card pre-authorisation, we may, at our discretion, take a cash/bank Core

Deposit or Coder Deposit instead. This is booked as Outside Scope (OS) to our Core/Coder Deposit Liability account and refunded on acceptance/return of the Core or Coder or applied if retained (see the section headed “VAT & Charging When the Deposit is Retained” in Clause 9).

8. Orders & Acceptance

8.1 Order Placement (Offer)

You may place an order via our online checkout, by email, telephone, or any other method we expressly approve. Your order constitutes an offer to purchase the specified Goods or Services under these Terms.

For repair, testing, refurbishment, remanufacturing or coding Services, a service request, booking request or workshop intake does not itself create a binding contract. A contract for such Services is formed only when we confirm acceptance of the booking, quotation or scope of work in writing or commence the agreed Service.

8.2 Order Acknowledgement

Shortly after submitting an order, you will receive an automatic acknowledgement (e.g. web page receipt or system generated email). This confirms that we have received your offer but does not constitute acceptance.

8.3 Contract Formation (Acceptance)

A binding contract is formed only when we expressly accept your order by email, telephone, or other durable medium confirming part numbers, quantities, price, and estimated dispatch date. Acceptance may also be constituted by dispatch of the Goods or commencement of the Service.

8.4 Order Reference / Job Number

Upon acceptance you will receive an order reference or job number. Please quote this number in all correspondence, returns, or warranty claims so we can locate your records promptly.

8.5 Non-Acceptance & Cancellation by Us

We may decline or cancel an order (with no charge to you) if:

• the Goods are out of stock or have been discontinued;
• there is a material pricing or description error;
• we are unable to obtain authorisation for your payment or suspect fraud;
• export controls, sanctions, or licensing restrictions apply; or
• you have outstanding debts or have previously breached these Terms. If payment has already been taken, we will refund it promptly by the original method.

8.6 Amendments & Cancellation by You

Consumers may cancel in accordance with Clause 12 (Returns, Refunds & 30-Day Satisfaction Guarantee).

Business Customers may request an amendment or cancellation within 2 Working Days of Order Confirmation; acceptance is at our discretion and may be subject to restocking or administrative fees up to 25 % of the order value. Custom built or specially programmed items cannot be cancelled once production has commenced.

8.7 Retention of Title

Legal title to the Goods remains with us until we have received cleared funds in full for the Goods and any payable Core Deposit/Core Surcharge that has been captured/retained, together with applicable VAT (see Clause 7 and the section headed “VAT & Charging When the Deposit is Retained” in Clause 9).

8.8 Pre-Orders & Deposits

Where you place a preorder or pay a deposit for Goods not yet in stock, estimated lead-times are indicative only. Deposits are refundable if we cannot supply within 30 days of the estimate, unless you agree to a revised date.

9. Core Exchange Repair Policy & Optional Coder Rental

Certain ABS pumps, EPS units and related components may be supplied on a repair, refurbishment, remanufacturing or Exchange basis. Where a Product is supplied on an Exchange basis, return of a Core may be required and may be secured by a Core Deposit / Core Surcharge. Where a product listing expressly states “No Exchange Required”, no Core return obligation applies.

9.1 Definitions

For the purposes of this Clause, the terms Core, Core Deposit / Core Surcharge and Core Return Window have the meanings set out in Clause 3.

For clarity, not all transactions involve Exchange. Some Services involve repair of the Customer’s own unit only, while others involve supply of a refurbished or remanufactured replacement unit on an Exchange basis.

9.2 Core Deposit on Exchange Repair

A Core Deposit / Core Surcharge applies only where the transaction includes a Core return obligation. It does not apply to outright sales, repair-only Services, or any Product expressly marked as not requiring Exchange, unless otherwise stated in writing.

• Default method – card authorisation (not a charge).

The Core Deposit/Core Surcharge amount is shown at checkout and noted on your invoice. By default, we place a card pre-authorisation (AUTH) for that amount via BOIPA/Authipay. This is not a sale, and no VAT is due at this stage (see the section headed “Card Pre-Authorisations (Core Deposit/Core Surcharge and Coder Deposits)” in Clause 7).

• Fallback method – OS cash/bank deposit.

If a card pre-authorisation is not possible, we may issue a separate OS deposit entry (no VAT) and hold funds in a Core Deposit Liability account.

• One-invoice presentation.

For clarity to Consumers, the deposit may be shown as a non-posting note on the Service/Exchange Repair invoice (“refundable Core Deposit authorised on card”). Businesses may receive separate deposit documentation on request.

9.3 Return Procedure

• Drain & Cap – Drain all hydraulic fluid, cap ports, and clean obvious exterior dirt.
• Package Securely – Use the packaging in which your replacement unit arrived or equivalent shock-resistant packaging.
• Attach RMA – A Core Return Label or RMA number is provided with your dispatch paperwork or via email; affix this visibly.
• Ship Freight – Paid – Send via a tracked service to the workshop address supplied. We recommend insured carriage; risk remains with you until we sign for the parcel (see Clause 11).
• Customs Declarations – Non-EU/UK returns must be clearly declared as “Warranty/Core Return – HS Code 870830” with zero customs value to avoid import duty.

9.4 Inspection & Acceptance Criteria

A Core is acceptable if it is:

• complete (all ECU, pump motor, solenoid block, and harness sections present);
• free from cracks, fire damage, or accident damage;
• not previously opened or attempted repair that compromises PCB tracks or solder joints; and
• returned within the Core Return Window.

9.5 Rental of Portable Coding Device (“Coder”)

Purpose & Availability

Where a repaired, refurbished, remanufactured or exchange ABS/EPS unit requires on-vehicle coding or calibration, FREESTORM LTD can rent a hand-held diagnostic Coder to the Customer. Coder rental is a separate rental service only and is not itself an Exchange transaction.

9.5.1 Advance Notice & Quotation

We will inform you at quotation stage if coding is mandatory. The quotation will list:

• a Coder Deposit (refundable security amount to be authorised on your card as described in “Order & Payment” below); and
• a Rental Fee (non-refundable usage charge for the agreed Rental Period).

9.5.2 Order & Payment

• The non-refundable Rental Fee for the agreed Rental Period will be invoiced as set out in your quotation or order confirmation and must be paid before we dispatch the Coder, unless

we agree otherwise in writing.

• In addition, we will secure a Coder Deposit by placing a card pre-authorisation (AUTH) for the stated amount using a BOI Payment Acceptance (BOIPA/Authipay) pay-by-link, in accordance with the section headed “Card Pre-Authorisations (Core Deposit/Core Surcharge and Coder Deposits)” in Clause 7. This authorises, but does not immediately charge, the Coder Deposit.
• We will send the pay-by-link to the email address and/or mobile number that you provide. The Coder will not be dispatched until the Coder Deposit pre-authorisation has been successfully completed.
• We do not take the Coder Deposit as an upfront card charge or bank transfer. The Coder Deposit is only charged (captured) if the Coder is not returned, returned late, or returned damaged, as described in the “Late Return, Damage or Loss” section below.

9.5.3 Dispatch & Risk

The Coder is shipped in a hard case with return label and instructions. Risk of loss or damage passes to you upon delivery to the Carrier / upon collection (see Clause 11). We strongly recommend you insure the package while it is in your custody.

9.5.4 Rental Period

Standard Rental Period is 7 calendar days from delivery. An extension may be agreed in writing; additional Rental Fees may apply.

9.5.5 Remote Support

During the Rental Period we provide up to 30 minutes of remote support (telephone) free of charge.

9.5.6 Customer Obligations

You must:

• use the Coder only on the vehicle specified in the Order Confirmation (by REG and/or VIN);
• follow all operating instructions and safety precautions;
• not copy, decompile or reverse-engineer the Coder’s firmware or software (see Clause 15);
• keep the device free from shock, water ingress and excessive heat; and
• ensure secure packaging for the return journey.

9.5.7 Return & Inspection

Book the Carrier collection no later than the next Working Day after the Rental Period ends. Upon receipt we will inspect the Coder within 48 hours for:

• physical damage, missing cables or accessories;
• breach of tamper seals;
• abnormal internal logs indicating unauthorised use.

If the Coder passes our inspection, we will cancel or allow to lapse the Coder Deposit card preauthorisation. If for any reason we have already captured part or all of the Coder Deposit (for example, due to an earlier late-return charge that is no longer applicable), we will refund the unused portion within 5 Working Days via the original payment method.

9.5.8 Late Return, Damage or Loss

• Late Return:

If the Coder is not handed to the Carrier or dropped off by the end of the agreed Rental Period (including any agreed extension), we may charge a Late Fee equal to 10% of the Rental Fee per calendar day until the Coder is received back at our premises, up to a maximum of the Coder Deposit amount, unless a different cap is stated in your quotation. We may capture part or all of the Coder Deposit to cover any Late Fees due.

• Damage:

Where inspection shows physical damage, missing cables or tamper-seal breach, we may capture part or all of the Coder Deposit to cover the reasonable repair or replacement cost. If the confirmed cost exceeds the Coder Deposit, the balance will be invoiced to you.

• Loss / Non-Return after 14 days:

If the Coder has not been returned within 14 days after the end of the Rental Period, we may treat it as lost. In that case we may capture the Coder Deposit in full and invoice you for any difference between the Deposit and the then-current replacement cost of the device.

9.5.9 No Warranty on Outcome

The Rental Fee covers use of the Coder and basic support only. We do not guarantee that coding will succeed where the vehicle has underlying electrical faults, incompatible aftermarket software, or OEM restrictions outside our control.

9.5.10 Statutory Rights Unaffected

Consumers retain all mandatory rights under applicable Irish and EU consumer law. Nothing in this sub-clause limits liability for defective equipment causing injury (see Clause 14).

9.6 Surcharge Refund / Credit for Cores

9.6.1 Accepted Cores

• Card hold path: we void/reverse the authorisation promptly after acceptance (no funds captured; no VAT).
• OS cash/bank path: we refund the OS deposit to the original payer within 5 Working Days of acceptance.

9.6.2 BER or Missing Components:

We will notify you with inspection photos and (a) offer partial credit where salvageable, or (b) forfeit the Surcharge if the unit is Beyond Economic Repair.

9.6.3 Late Returns:

If the Core is received after the Core Return Window but within 60 days, we may refund 50 % of the Surcharge; after 60 days no refund is due unless agreed otherwise in writing.

9.6.4 VAT & Charging When the Deposit is Retained

• If a Core Deposit / Core Surcharge or Coder Deposit is retained in whole or in part because the Core or Coder is not returned, is returned late, incomplete, damaged or otherwise fails the applicable return conditions, we may capture or retain the relevant amount.
• Any VAT treatment of a retained amount will be applied in accordance with applicable Irish VAT law and by reference to the nature of the underlying transaction. Where VAT is chargeable, we will issue an appropriate VAT invoice for the retained amount or the relevant taxable portion of it.
• Where a card pre-authorisation is voided or released, or an OS cash/bank deposit is refunded following acceptance of the Core or return of the Coder, no VAT invoice will be issued in respect of that refunded or released amount unless required by law.
• If we held an OS cash/bank deposit and retention applies, we may apply the retained amount against the relevant invoice and account for VAT as required by law.

9.7 International Customers

Where international shipping times or customs processes may extend beyond the Core Return Window, please contact us before ordering to arrange an adjusted schedule or alternative deposit mechanism.

9.8 Title & Environmental Compliance

Upon acceptance of the Core, title transfers to FREESTORM and the unit enters our ISO 14001 recycling stream. You must not dispose of electronic brake or steering units in general waste; doing so may breach WEEE regulations, ELV Directive, and/or local environmental law.

9.9 Failure to Return

If you fail to return the Core within the Core Return Window, or it is BER/incomplete, the Core Deposit/Core Surcharge (or an appropriate partial amount) may be captured/retained as per the section headed “VAT & Charging When the Deposit is Retained” in Clause 9. We may also invoice the difference between the exchange price and the outright sale price of a new or remanufactured unit.

9.10 Consumer Rights

Nothing in this Clause limits Consumers’ statutory rights to a price reduction or refund if the replacement unit is defective (see Clauses 12 and 13).

10. Testing, Evaluation & Repair Services

10.1 Service Scope

Our workshop Services may include bench testing, electronic diagnosis, hydraulic and electronic repair, refurbishment, remanufacturing, PCB rework, coding, calibration and final end-of-line proof testing.

10.2 Booking & Evaluation Fee

• All units must be booked in advance and accompanied by a Return Merchandise Authorisation (RMA).
• The applicable evaluation fee will be shown on our website, quotation, booking form or Order Confirmation before you commit to the Service.
• Consumers:

If you request that testing begin within the 14-day statutory withdrawal period, you acknowledge that (a) you will lose the right to withdraw once the Service is fully performed, and (b) we may deduct a proportionate amount for work completed if you cancel after performance has begun (Art. 14 EU-CRD).

10.3 “No Fault Found” (NFF)

Where no defect is identified during testing, the test fee remains payable. You may elect to (a) have the unit returned at your cost or (b) authorise environmentally compliant disposal/recycling in line with WEEE rules.

10.4 Estimates, Approval & Additional Work

• If repair is feasible, we will advise you of this. No chargeable work will commence until you provide approval.
• If additional defects are discovered during repair, we will request supplementary approval. If you decline, we will reassemble the unit (where possible) and return it for the evaluation fee only.
• Initial estimates are indicative only unless expressly stated to be fixed. Final pricing may depend on inspection, diagnosis, parts availability, the condition of the submitted unit, and whether additional faults are identified after workshop evaluation.

10.5 Performance Standard & Warranty on Services

• We perform Services with reasonable skill and care (Sale of Goods & Supply of Services Act 1980 s. 39).
• Successfully repaired units carry the warranty periods set out in Clause 13 (24 months ABS / 24 months EPS) unless a different period is stated on the quotation.

10.6 Turnaround Times

Indicative turnaround is 2–4 Working Days from receipt in our workshop, but this is not guaranteed; delays may occur due to parts procurement, complex diagnostics, or peak workloads. We are not liable for vehicle downtime or other losses resulting from extended turnaround (see Clause 14).

10.7 Risk & Insurance in Transit

Risk during shipping to us is governed by Clause 11. The shipment will be insured to the carrier’s standard liability limits unless you purchase additional cover from the carrier.

10.8 Data Integrity & Configuration

Bench testing and re-programming may erase diagnostic codes or reset learned values. While we take reasonable precautions, we are not liable for loss of non-essential data stored in the unit. We recommend you back-up any configuration where possible.

10.9 Lien & Unclaimed Units

• We exercise a general lien over any unit in our possession for unpaid charges.
• Units unclaimed 60 days after completion (or quotation rejection) will be deemed abandoned and recycled. A reminder will be sent after 30 days to the last known email address.

10.10 Beyond Economic Repair (BER)

If we deem the unit BER and you do not wish it returned, we will recycle it free of charge in accordance with ISO 14001 and WEEE regulations. Return postage for BER units is at your cost unless otherwise agreed.

10.11 Consumer Remedies

Nothing in this Clause limits a Consumer’s statutory remedies under applicable Irish and EU consumer law where Services are not provided with reasonable skill and care or do not conform to the contract.

11. Shipping, Delivery & Collection

11.1 Dispatch Commitment

We aim to dispatch all in stock orders on the next Working Day following receipt of cleared funds. This is a target, not a guarantee; lead-times may be extended by high demand, stock discrepancies, or operational constraints. Made-to-order or out of stock items will be dispatched on the estimated date stated in the Order Confirmation.

11.2 Delivery Methods & Indicative Transit Times

Goods are shipped via tracked, insured courier services (e.g. DHL, DPD, An Post). Typical transit times are ROI 1 Working Day; UK 2 to 3 Working Days; EU mainland 3 to 5 Working Days; other destinations as quoted. We may part ship your order if some Goods are backordered, unless you instruct otherwise.

11.3 Risk of Loss or Damage

• Consumers (EU): Where we arrange the courier, risk transfers only when you, or a person authorised by you, take physical possession of the Goods (Article 20 of the EU Consumer Rights Directive). If you nominate and contract your own carrier, risk transfers when we

hand the Goods to that carrier.

• Business Customers: Risk transfers at the earlier of (a) our hand-over of Goods to the first carrier, or (b) collection from our premises. We strongly recommend that carriage arranged by you is adequately insured. Our liability during transit is limited to the compensation recoverable from the carrier under its standard terms.

11.4 Title / Ownership

Legal title passes to you only when we have received payment in full (including any Core surcharge and applicable VAT) in cleared funds including any captured/retained Core Deposit/Core Surcharge invoiced under the section headed “VAT & Charging When the Deposit is Retained” in Clause 9.

11.5 Customer Collection & Drop-off

Customers wishing to drop off or collect ABS/EPS units must book an appointment during Working Hours. Please bring the Order Confirmation or RMA number and valid photo ID. Freight costs and risk for sending units to us are borne by you, unless otherwise agreed in writing.

11.6 Failed Delivery or Collection

If you (a) provide an incorrect delivery address, (b) fail to clear customs, (c) refuse delivery without lawful reason, or (d) do not collect the Goods on the agreed date:

• we may charge reasonable re-delivery, storage, and insurance costs; and
• after 14 days we may cancel the contract, refunding any balance minus unrecoverable shipping, storage, and administrative costs.

11.7 Incoterms® & Customs

Our default Incoterms® are ROI/EU – DAP; Rest of world – EXW. You are responsible for any import duties, local taxes, and customs clearance charges unless expressly agreed otherwise.

11.8 Inspection on Delivery

You must examine parcels immediately on arrival. Visible damage must be noted on the carrier’s manifest and reported to us within 48 hours. Concealed damage must be reported within 5 Working Days. Failure to notify within these periods may affect your ability to claim against the carrier or under warranty.

12. Returns, Refunds & 30-Day Satisfaction Guarantee

12.1 Statutory Right of Withdrawal – Consumers (EU)

• If you purchase as a Consumer, you have the right to withdraw from the contract within 14 calendar days of the day after you (or your nominee) receive the Goods, or in the case of Services, within 14 days of contract conclusion.
• You may use the model form in Schedule A or send any clear statement to [email protected].
• You must return the Goods within 14 days of notification. We will refund the price paid for the Goods and the cost of our least expensive standard delivery option, within 14 days of (a) receipt of the Goods or (b) evidence you have sent them back, whichever is earlier.
• You are responsible for return postage unless the Goods are faulty or misdescribed.
• You are liable for any diminished value resulting from handling beyond that necessary to establish the nature, characteristics and functioning of the Goods (Art. 14 EU-CRD).

12.2 30-Day Satisfaction Guarantee (Contractual)

We want you to be completely satisfied. In addition to your statutory rights, you may return Goods within 30 days of the invoice date if you are not satisfied for any reason. As long as the goods fit the criteria as per below:

12.2.1 Returns of Goods

• Return Authorisation – Contact us for a Return Merchandise Authorisation (RMA) number and instructions.
• Condition – Goods must be unused, in original packaging, and in re-saleable condition.
• Return Logistics – You must send the Goods, freight paid and insured, to our workshop address unless we confirm the item is defective or have agreed otherwise in writing.
• Inspection & Refund – We will inspect the returned item and, if it meets the criteria, issue a refund or replacement at your option. Delivery charges are non-refundable unless the item is defective.

12.2.2 Service Cancellation (Repairs / Testing)

If you are dissatisfied with a repair or testing Service, notify us within 30 days. We will, at our discretion and upon reasonable proof of dissatisfaction:

• re-perform the Service; or
• supply an equivalent remanufactured unit; or
• refund the Service fee in part or in full.

12.3 Faulty, Damaged, or Misdescribed Goods

• If Goods are faulty, damaged in transit, or not as described, notify us as soon as reasonably possible (ideally within 48 hours of delivery).
• We will cover the reasonable cost of returning faulty Goods and will repair, replace, or refund the item according to your statutory rights (the two-year EU conformity guarantee under Directive 2019/771/EU).
• Business Customers’ remedies for faulty Goods are limited to the warranty in Clause 13, unless otherwise required by law.

12.4 Refund Method & Timeline

• Refunds are made via the original payment method unless agreed otherwise.
• We aim to process refunds within 14 days of (a) receiving the returned Goods, (b) receiving evidence that Goods have been returned, or (c) agreeing that a Service refund is due.
• Outbound shipping costs are refunded only where required by law under this Clause or where the Goods are confirmed faulty or misdescribed.

12.5 Exclusions & Non-Returnable Items

Exceptions to the Right of Withdrawal:

• custom built or specially programmed ECUs;
• software licence keys once activated;
• Services already fully performed where you expressly requested performance during the withdrawal period and acknowledged loss of the right to withdraw.

Nothing in this Clause affects your statutory rights regarding faulty Goods or Services, or the EU Consumer Rights Regulations 2013.

Where a Customer orders an Exchange unit based on incorrect Vehicle Information supplied by the Customer, or declines a recommended Compatibility Check / Fitment Check, any return or refund request for incorrect selection will be handled in accordance with this Clause and any mandatory consumer rights that apply. Nothing in this paragraph excludes remedies for faulty, misdescribed or non-conforming Goods.

12.6 Returns Procedure Summary

• Email [email protected] with order number, REG, and reason for return.
• Await RMA number that FREESTORM will provide to you via email and packaging instructions.
• Pack securely in original packaging (or equivalent protective packaging) with the RMA clearly visible.
• Ship using a tracked, insured service and retain proof of posting.
• We will email confirmation on receipt and keep you informed of inspection status.

13. Warranty

13.1 Scope & Duration

• ABS Pump Units (remanufactured or repaired by FREESTORM) – carry a 24-month limited warranty from the invoice date.
• Electric Power Steering (EPS) Units (remanufactured or repaired) – carry a 24-month limited warranty from the invoice date.
• New OEM Parts – are covered by the original manufacturer’s warranty (typically 12 months, unless stated otherwise).

Refurbished Parts

Unless otherwise expressly stated in the quotation, Order Confirmation or product listing, refurbished parts supplied by FREESTORM carry a 24-month commercial warranty from the invoice date, subject to the terms and exclusions of this Clause.

Remanufactured and Exchange Units

Unless otherwise expressly stated in the quotation, Order Confirmation or product listing, remanufactured units and units supplied on an Exchange basis are covered by the same 24-month commercial warranty applicable to the relevant product category under this Clause.

13.1.1 Consumer Statutory Rights –

Consumers in the EU benefit from a 2-year legal guarantee of conformity (Directive 2019/771/EU). Nothing in this Clause limits or detracts from those rights.

13.2 Coverage

This warranty covers defects in materials or workmanship occurring under normal, intended vehicle use. If a unit fails within the warranty period and is confirmed to be covered, we will, at our option:

• repair the unit; or
• replace the unit with the same or equivalent model; or
• refund the original purchase price.

Any repaired or replacement unit inherits the remaining original warranty or 6 months, whichever is longer.

13.3 Claim Procedure

To make a warranty claim you must:

• Notify us in writing at [email protected] within the applicable warranty period, providing order/invoice number, vehicle REG, fault description, and diagnostic codes (if available).
• Return the unit to our workshop freight paid (we will reimburse reasonable inbound carriage for validated claims within ROI/EU; other territories bear postage unless local law provides otherwise).
• Allow us reasonable time (typically 5 to 10 Working Days) to test and verify the reported defect.
• Provide any additional information we reasonably request (e.g. installation records, proof of vehicle electrical health).

13.4 Exclusions (Non-Exhaustive)

The warranty does not cover:

• labour costs for removal, installation, or diagnostics unless mandatory under consumer law;
• towing, recovery, accommodation, or vehicle hire expenses;
• consequential or indirect losses;
• damage caused by external factors, including but not limited to incorrect installation, improper torque, unresolved vehicle electrical issues, voltage spikes, water or oil ingress, corrosion, accident, misuse, racing or off-road use;
• units that have been tampered with, opened, modified, or repaired by any party other than FREESTORM;
• cosmetic wear or corrosion that does not affect function;
• units whose serial or warranty labels have been removed or defaced;
• failure arising from components not supplied or serviced by us (e.g. faulty wheel speed sensors, wiring, or hydraulic circuits).

13.5 Interaction with Statutory Rights

This warranty provides benefits that are in addition to, and do not replace, your statutory rights. In the event of conflict, mandatory consumer protection laws take precedence. Guidance on your legal rights is available from the Competition and Consumer Protection Commission (ROI).

14. Limitation of Liability

14.1 Non-Excludable Liability

Nothing in these Terms seeks to exclude or limit liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• breach of your statutory rights relating to title or quiet possession of Goods;
• defective products under the Liability for Defective Products Act 1991 (ROI) or any other liability that cannot lawfully be limited or excluded under the Sale of Goods and Supply of Services Act 1980 (ROI), or other applicable legislation.

Nothing in these Terms limits your statutory consumer remedies (including repair, replacement, price reduction or refund, and any mandated costs) under the Consumer Rights Act 2022. Any limitation applies only to the extent permitted by law

14.2 Performance Standard

We will provide Goods that are in conformity with the contract and perform Services with reasonable skill and care as required by Section 39 of the ROI 1980 Act

14.3 Cap on Direct Losses

Subject to the section headed “Non-Excludable Liability”, our total aggregate liability, whether in contract, tort (including negligence), misrepresentation, restitution, strict liability, or otherwise, shall not exceed the price actually paid by you for the specific Goods or Services giving rise to the claim.

14.4 Excluded or Indirect Losses

We will not be liable for any indirect, special, or consequential loss or damage, including (but not limited to):

• loss of business, contract, goodwill, reputation, revenue, or anticipated savings;
• loss of use of the vehicle, plant, or equipment;
• costs of vehicle recovery, towing, accommodation, or rental vehicles;
• damage to or loss of other vehicle parts or peripheral equipment;
• any loss or damage that was not reasonably foreseeable at the time the contract was formed.

These exclusions apply whether or not we were advised of the possibility of such losses, insofar as permitted by applicable law and consumer protection regulations.

14.5 Business Customers

For Business Customers (i.e., those acting in the course of trade, profession, or business), the exclusions and limitations in this Clause apply in full, and any implied terms as to fitness for purpose or merchantable quality (other than those which cannot be lawfully excluded) are hereby expressly excluded.

14.6 Consumers

If you are a Consumer, the limitations above apply only to the extent permitted by mandatory consumer protection law. For example, under the EU Consumer Sales Directive 2019/771/EU, you may be entitled to repair, replacement, price reduction, or refund for non-conforming Goods; those remedies are not affected by this Clause.

14.7 Illustrative Example (for Clarity)

If an ABS unit supplied or repaired by us were to fail and render your vehicle temporarily unusable, our responsibility would be to repair or replace the unit (or refund the price) in accordance with Clause 13. We would not cover towing fees, vehicle downtime, or collateral damage to other components, except where such costs are mandated by consumer law.

15. Intellectual Property

15.1 Ownership of Rights

• All copyright, database rights, design rights, trade marks, patents, know-how and other intellectual-property rights (together, “IPR”) in:
• this Site, its underlying source code, text, graphics and layout;
• the FREESTORM® name, logo and product labels; and
• any technical drawings, test reports, firmware images, repair procedures or other deliverables we supply, are and shall remain the exclusive property of FREESTORM LTD or our licensors.
• Title to physical Goods passes under Clause 11, but all IPR is licensed, not sold.

FREESTORM® is a registered trade mark in Ireland (IPOI Reg. No. 271588). Any use of the mark outside Ireland remains subject to applicable trade mark laws and the scope of protection available in the relevant jurisdiction.

15.2 Licence to Customers

1. We grant you a personal, non-exclusive, revocable, non-transferable licence to:

• access and print reasonable portions of the Site for the sole purpose of evaluating or purchasing our Goods or Services; and
• use any manuals or test reports supplied only for installing, operating or maintaining the associated unit.

2. Except where permitted by mandatory law (e.g. EU Copyright Directive 2001/29/EC Art. 5) you must not:

• copy, modify, adapt, translate, decompile, disassemble or reverse-engineer any part of the Site, the embedded firmware or our proprietary test software.
• remove or obscure any copyright notice, serial number or tamper seal.
• create derivative works or use our trade marks in meta-tags or hidden text; or
• resell, sublicense or make the Materials available to third parties.

15.3 Third-Party Trade marks & OEM Firmware

• All third-party trade marks (e.g. BOSCH®, TRW®, ATE®) and part numbers appear solely for reference and compatibility. No affiliation or endorsement is implied.
• Some remanufactured units contain original-equipment firmware that is copyright the vehicle manufacturer. We provide that firmware in object-code form only to restore the original function of the unit. Any cloning or extraction beyond lawful repair may infringe the OEM’s rights.

15.4 Feedback & Suggestions

If you send us ideas, schematics or suggestions, you grant FREESTORM LTD a world-wide, perpetual, royalty-free licence to use, reproduce and adapt that material for any business purpose. This does not affect your moral rights to be identified as the author where applicable.

15.5 Notice-and-Takedown Procedure

We respect IP rights. If you believe material hosted by us infringes your rights, please email [email protected] with:

• evidence of ownership,
• the exact URL or file, and
• a declaration of good faith.

We will respond within 5 Working Days as required by the E-Commerce Regulations 2002 (ROI).

15.6 Breach & Remedies

Unauthorised use of our IPR constitutes a material breach of these Terms. Without prejudice to any other remedy, we may:

• suspend deliveries or Services;
• terminate the licence with immediate effect; and/or
• seek injunctive relief, damages and recovery of legal costs under the Irish Copyright and Related Rights Act 2000, EU Trade Mark Regulation 2017/1001 and allied legislation.

16. Force Majeure

16.1 Definition of a Force-Majeure Event

For the purposes of these Terms, a “Force-Majeure Event” means any circumstance beyond the reasonable control of the affected party which prevents, hinders or delays the performance of its contractual obligations, including (but not limited to):

• acts of God, flood, storm, earthquake, volcanic activity or other natural disaster;
• fire, explosion, epidemic, pandemic or public-health emergency (including governmentimposed lockdowns);
• war, armed conflict, terrorism, riot or civil commotion;
• sanctions, embargoes, export-control restrictions or refusal of licences;
• strikes, lockouts or other industrial disputes (whether involving our own workforce or that of third parties);
• failure or interruption of utilities, transport networks, communication systems or the Internet;
• shortage of raw materials, semiconductor chips or critical components;
• cyber-attack or malicious damage to plant, machinery or data; and
• any change in law, regulation or governmental order that makes performance illegal or commercially impracticable.

16.2 Obligations During a Force-Majeure Event

• The party claiming relief must promptly notify the other in writing (email suffices) of:
• the nature of the Force-Majeure Event;
• its expected duration; and
• the steps it is taking to mitigate its effect.
• The affected obligations are suspended for the period the Force-Majeure Event continues and for a reasonable time thereafter to enable recovery, provided the notifying party uses all reasonable endeavours to mitigate and resume performance.

16.3 Allocation & Partial Performance

Where a Force-Majeure Event results in a scarcity of labour, components or logistics capacity, FREESTORM LTD may allocate available resources among its customers in a fair and reasonable manner, having regard to existing commitments and statutory consumer priorities.

16.4 Prolonged Force-Majeure

If a Force-Majeure Event lasts more than 60 consecutive days:

• either party may terminate the affected order(s) on written notice; and
• FREESTORM will refund any sums paid for undelivered Goods or unperformed Services, less the value of any work already completed, or materials irreversibly procured for the contract.

16.5 No Liability for Force-Majeure Delay

Neither party shall be liable for any failure to perform, or delay in performing, its obligations to the extent that performance is prevented or delayed by a Force-Majeure Event, provided that Clause 14 (Limitation of Liability) and all non-excludable statutory rights remain fully intact.

16.6 Statutory & Consumer Rights

Nothing in this Clause affects a Consumer’s rights under:

• the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (ROI);
• the Sale of Goods and Supply of Services Act 1980 (ROI); or
• any mandatory legislation that gives Consumers the option to rescind the contract or obtain a refund after an excessive delay.

17. Data Protection & Privacy

17.1 Who is the Data Controller?

FREESTORM LTD, UNIT 3, EXCHANGE BUSINESS PARK, CHURCHFIELD, CORK, T23V027, IRELAND, is the “controller” of the personal data we collect in connection with our Goods, Services and website freestorm.ie.

17.2 Personal Data We Collect

• Identification & contact details (name, postal address, phone, email, VAT / company number).
• Vehicle data (VIN, registration, fault codes).
• Payment information (masked card tokens, IBAN, transaction refs). We process card preauthorisations and captures via PCI-DSS-certified providers; we do not store full card numbers or CVV.
• Communications (emails, call notes, live-chat transcripts).
• Website usage data (IP address, device ID, cookies – see 17.8).
• CCTV footage when you visit our premises.

17.3 Purposes & Lawful Bases

* Longer retention may apply where required to establish, exercise or defend legal claims.

17.4 Recipients & International Transfers

We share data only with:

• payment providers, couriers, core-logistics partners and IT-support vendors under written data-processing agreements;
• credit-reference agencies and anti-fraud services (business customers only);
• Revenue Commissioners, police, courts or regulators where legally obliged.

If we transfer data outside the EEA we use an adequacy decision, EU/UK Standard Contractual Clauses, plus supplementary safeguards where necessary.

17.5 Security Measures

We implement ISO 27001-aligned controls including encryption in transit and at rest, role-based access, secure wiping of returned electronics, and independent penetration testing.

Where required by applicable data protection law, including where a personal data breach is likely to result in a high risk to your rights and freedoms, we will notify affected data subjects without undue delay and provide information on the nature of the breach, the likely consequences, and any measures taken or proposed to address it.

17.6 Your Data-Subject Rights

You have rights of access, rectification, erasure, restriction, objection, data portability and to withdraw consent at any time.

Requests may be sent to [email protected]. We will respond within one month, extendable by two months for complex cases (GDPR Art. 12 §3).

If you are unsatisfied, you may complain to the Data Protection Commission (ROI)

17.7 Marketing Communications

• We send marketing emails to business contacts and existing customers under “soft opt-in” rules.
• Every message contains an unsubscribe link; you can opt out at any time without affecting your contractual rights.
• We will obtain explicit consent before sending marketing SMS or contacting new consumer subscribers.

17.8 Cookies & Similar Technologies

Our Site uses essential cookies for basket and checkout functionality, plus optional analytics cookies. A clear Cookie Banner allows you to accept, refuse or customise non-essential cookies in compliance with the e-Privacy Directive .

17.9 Credit Checks & Fraud Prevention (B2B)

For trade-credit customers we may obtain reports from credit-reference agencies. The agency will record our search. Continued non-payment may be reported back, impacting your credit score.

17.10 CCTV & Site Access

We operate CCTV for security and health-and-safety. Footage is kept for 30 days unless required for investigation or legal proceedings.

17.11 Links to Separate Privacy Policy

Further details – including full processor list and cookie table – are set out in our Privacy Policy at https://freestorm.ie/privacy-policy/. That policy forms part of these Terms.

17.12 Updates to this Clause

We may revise this Clause to reflect changes in data-protection law or our processing activities. Material changes will be highlighted on our website and, where appropriate, notified to you by email.

18. Dispute Resolution

18.1 Step 1 – Internal Complaint Handling

• If you have a concern about our Goods or Services, please contact [email protected] or write to Customer Services at the address in Clause 25.
• We will acknowledge your complaint within 2 Working Days and aim to issue a written “final response” within 14 Working Days (or explain why we need more time, up to a maximum of 8 weeks).
• We may request further information (e.g. photographs, diagnostic codes, or the unit itself) so we can investigate thoroughly.

18.2 Step 2 – Alternative Dispute Resolution (“ADR”) for Consumers

If you are a Consumer and we have not resolved your complaint within the 8-week period – or you are dissatisfied with our final response – you may submit the dispute to an approved ADR body:

• Republic of Ireland: Competition and Consumer Protection Commission (CCPC)-listed ADR entities, e.g. the European Consumer Centre Ireland or the Motor Industry ADR Scheme. We are willing to engage in ADR and will abide by the outcome, although participation is voluntary for you and does not restrict your right to bring proceedings in court.

A current list of approved ADR bodies is available via the European Commission’s Consumer Redress portal: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies

18.3 Step 3 – Negotiation, Mediation or Arbitration (Business Customers)

• Business Customers agree first to meet (virtually or in person) to negotiate in good faith.
• If no settlement is reached within 21 days, either party may propose confidential mediation under the Mediation Act 2017 (ROI)
• Failing settlement by mediation, any dispute whose value exceeds €50 000 may – by mutual agreement – be finally resolved by arbitration in Dublin or under the UNCITRAL Rules, the seat being determined by the Governing-Law clause. The tribunal shall comprise one arbitrator appointed jointly (or, failing agreement, by the President of the Law Society of Ireland).
• Nothing in this Clause prevents either party from seeking urgent injunctive relief in the courts to protect IP rights or preserve evidence.

18.4 Step 4 – Court Proceedings

If ADR, mediation or arbitration is declined or proves unsuccessful, the dispute may be brought before the courts specified in Clause 19 (Governing Law & Jurisdiction).

Consumers may choose the competent courts of their place of habitual residence as required by Regulation (EU) 1215/2012

18.5 Costs

• Each party bears its own costs for negotiation and mediation.
• Arbitration or court costs (including reasonable legal fees) shall follow the event, unless the tribunal or court orders otherwise.
• Where an ADR scheme rules in favour of the Consumer, we will refund the Consumer’s reasonable out-of-pocket costs required by that scheme’s rules.

18.6 Time Limits

Any claim must be brought within the applicable statutory limitation period under Irish law (or any longer mandatory period that applies in the consumer’s Member State); no shorter contractual limitation period applies.

18.7 Statutory Rights Preserved

Nothing in this Clause limits or excludes:

• any mandatory statutory consumer rights;
• the right to refer a dispute to the European Small-Claims Procedure (Reg. (EC) 861/2007, as amended); or
• our respective rights under the Sale of Goods and Supply of Services Act 1980 (ROI), or any successor legislation.

19. Governing Law & Jurisdiction

19.1 Governing Law

• Republic of Ireland (ROI) Transactions – Where the Goods are delivered to, or the Services are performed in, the Republic of Ireland, these Terms (and any non-contractual obligations arising out of or in connection with them) are governed by the laws of Ireland.
• Consumers in Other EU/EEA Member States or Great Britain – Nothing in this Clause deprives you of any mandatory consumer protections afforded by the law of the country in which you habitually reside, pursuant to Article 6 of Regulation (EC) 593/2008 (Rome I)
• Exclusion of CISG – The United Nations Convention on Contracts for the International Sale of Goods (1980) does not apply.

19.2 Jurisdiction

• Business Customers irrevocably submit to the exclusive jurisdiction of the courts of Dublin, where Irish law applies under this Clause.
• Consumers may bring proceedings either in the courts of Ireland or in the courts of the EU Member State in which they are domiciled, as required by Regulation (EU) 1215/2012 (Brussels I recast).
• We will not oppose any Consumer’s right to enforce a judgment obtained in one jurisdiction in any other jurisdiction that recognises such judgments.

19.3 Severability of Jurisdiction Clause

If any element of this Clause is found invalid under applicable conflict-of-laws rules, the remainder shall remain enforceable to the fullest extent permitted and the dispute shall be determined by a court of competent jurisdiction under that law.

20. Modifications to These Terms

20.1 Our Right to Amend

We may amend these Terms from time to time to reflect:

• changes in applicable law or regulatory guidance;
• a valid court or ADR decision that necessitates revision;
• updates to our business model, technology, products or Services; or
• security, anti-fraud or data-protection requirements.

Any amendment will be made in good faith and with due regard to the fairness tests in the European Unfair Terms Directive

20.2 Material vs. Non-Material Changes

• Material Change = any change that could reasonably be expected to disadvantage you in a significant way (e.g. shorter return window, new fees, reduced warranty).
• Non-Material Change = purely editorial, typographical or clarificatory updates that do not affect your substantive rights or obligations.

20.3 Notice Method

• We will publish the updated Terms on freestorm.ie/terms and show the “Last Updated” date at the top.
• For Material Changes we will also give at least 14 days’ advance notice by one or more of: – emailing the address in your last order;

– adding an in-account or checkout banner; or – posting a prominent site-wide notice.

20.4 Effective Date & Your Options

• New Orders: The version of the Terms in force at the time you place your order will govern that order.
• Existing Contracts: If a Material Change applies to an ongoing Service or unfulfilled order and you are a Consumer, you may cancel the affected contract without penalty by notifying us within 14 days of receiving the change notice. We will refund any pre-paid sums for undelivered Goods or unperformed Services.
• If you continue to use the Site, order Goods or send in units for Service after the Effective Date, you will be deemed to have accepted the updated Terms.

20.5 Archived Versions

We keep archived, date-stamped copies of all historical versions for at least six (6) years. You may request a copy at [email protected].

20.6 Business-Customer Framework Agreements

Where we and a Business Customer have executed a bespoke written contract or credit account agreement, that document prevails over these online Terms to the extent of any inconsistency, unless it expressly incorporates later revisions.

20.7 Statutory & Mandatory Rights Unaffected

Nothing in this Clause affects:

• any non-excludable statutory right to withdraw from a distance contract (e.g. EU Consumer Rights Directive);
• the duty of good faith and transparency under Regulation 5 of the European Communities

(Unfair Terms in Consumer Contracts) Regulations 1995 or

• any obligation we may have to notify you of product-safety or recall issues.

21. Customer Responsibilities & Proper Use

21.1 Provide Accurate Information

You must supply complete and accurate information necessary for us to fulfil your order or perform Services – including vehicle registration (REG) or identification number (VIN), part numbers, fault codes, and contact details. We are entitled to rely on the information you provide; if it is incorrect or incomplete, we may (a) charge for any additional work required to rectify the issue, or (b) cancel the order and refund you minus unrecoverable costs.

Where we offer a Compatibility Check / Fitment Check, you remain responsible for ensuring that all Vehicle Information provided to us is accurate, complete and up to date.

21.2 Installation, Use & Maintenance

You are responsible for ensuring that Goods are installed, coded, programmed, and maintained in accordance with OEM specifications by suitably qualified technicians. We are not liable for damage or malfunction arising from improper fitment, incorrect programming, or incompatibility introduced by third party modifications.

21.3 Packaging & Shipping Units to Us

When returning or sending units to us for testing, repair, or exchange you must:

• drain hydraulic fluid and cap ports where applicable;
• pack the unit securely in antistatic and shock-absorbent packaging; and
• ship via a tracked and, where appropriate, insured service. Risk of loss or damage in transit remains with you until we sign for the parcel, unless we arranged and paid for the collection with our nominated carrier.

21.4 Compliance with Instructions & Law

You must follow any written or verbal instructions we provide concerning installation, use, returns, or safety. You must also comply with all relevant laws and regulations (e.g. environmental disposal of brake fluid).

21.5 Core & Environmental Responsibility

Where Goods are supplied on an exchange basis, you must return the Core in accordance with Clause 9. You must not dispose of electronic or hydraulic components in general waste; please use authorised recycling streams in line with WEEE regulations.

21.6 Business Customers – Contractual Nature

If you are acting as a Business Customer, these Terms (together with any invoice or quotation) constitute the entire agreement between us, superseding any purchase order terms you may issue. By ordering you confirm that you have not relied on any statement not set out in these Terms.

Nothing in this Clause affects your statutory rights as a Consumer.

22. Entire Agreement

22.1 Whole Contract – These Terms, together with:

• any written quotation or Order Confirmation issued by FREESTORM LTD;
• any bespoke written agreement signed by both parties (e.g. trade-credit deed); and
• the policies expressly incorporated by reference (Privacy Policy, Cookie Policy, Returns & Warranty Procedures), constitute the entire agreement between the parties in relation to the sale of the Goods and/or provision of the Services. They supersede all prior proposals, correspondence, understandings or arrangements (written or oral) concerning the same subject-matter.

22.2 Acknowledgement of Reliance –

Each party acknowledges that, in entering into the contract, it has not relied on any statement, promise or representation made or given by or on behalf of the other that is not set out in these documents.

Nothing in this Clause limits or excludes liability for fraud or fraudulent misrepresentation under applicable Irish law.

22.3 Priority – If there is a conflict:

• a bespoke signed agreement prevails over these Terms.
• these Terms prevail over any standard terms submitted by the Customer (including those printed on purchase orders).
• later versions of these Terms prevail over earlier versions for new Orders (see Clause 20).

22.4 Consumer Statutory Rights Unaffected –

This Clause does not diminish any mandatory rights that a Consumer cannot waive under the Sale of Goods and Supply of Services Act 1980 (ROI) or other applicable legislation.

23. Severability

If any provision (or part-provision) of these Terms is held by a court or competent authority to be invalid, illegal or unenforceable, that provision shall, to the minimum extent required:

• be deemed deleted; or
• be interpreted so as to achieve, as nearly as possible, the commercial intent of the original provision in a lawful manner.

The remainder of the Terms shall remain in full force and effect.

Where a provision is deleted under this Clause, the parties shall negotiate in good faith to replace it with a lawful substitute that, to the greatest extent possible, reflects the original purpose.

24. No Waiver

• No failure or delay by either party in exercising any right or remedy under these Terms shall operate as a waiver of that or any other right or remedy.
• A waiver is effective only if given in writing and signed by an authorised representative of the waiving party; it shall apply solely to the specific circumstance for which it is granted.
• A single or partial exercise of any right or remedy shall not prevent or restrict any further exercise of that or any other right or remedy.
• Rights and remedies under these Terms are cumulative and do not exclude rights or remedies provided by law, save that we shall not recover twice for the same loss.
• Nothing in this Clause waives or limits any non-excludable Consumer rights.

25. Contact Information & Notices

25.1 Legal Entity Details

Business Name: FREESTORM LTD

Company Registration No.: 439795

Registered Address: Unit 3, Churchfield, Exchange Business Park, T23V027, Cork, Ireland

Trading Address / Workshop: Unit 3, Churchfield, Exchange Business Park, T23V027, Cork, Ireland

VAT No.: IE9656359L (ROI)

Telephone: +353 21 2066 112 (ROI)

Email (Sales & General): [email protected]

Email (Returns/Warranty/Complaints): [email protected]

Email (IP Notices): [email protected]

Website: https://freestorm.ie

25.2 Service of Formal Notices

• Notices under these Terms must be in writing and may be delivered by hand, registered post, or email.
• Email is deemed received at the earlier of:
• the recipient’s written acknowledgement; or
• 9 a.m. on the next Working Day after transmission, provided the sender retains a delivery/read receipt or SMTP log.
• Postal notices are deemed served 48 hours after posting (ROI) or seven days for international mail.

25.3 Business Hours

Our normal office hours are 08:00 - 17:00 (Europe/Dublin time) Monday to Friday, excluding Irish public holidays.

25.4 Electronic Contract Storage

We store the text of each contract and send you the Order Confirmation containing the effective Terms by email. Your past orders remain accessible on request.

25.5 Schedule A – Model Withdrawal (Cancellation) Form

(Consumers Only – see Clause 12 Returns & Refunds)

(Complete and return this form only if you wish to withdraw from the contract)

To: FREESTORM LTD, Unit 3, Churchfield, Exchange Business Park, T23V027, Cork, Ireland, email: [email protected]

I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods / for the supply of the following service

– Order/Invoice number: ________________________________________________________ – Description of goods/service: ___________________________________________________

Name of consumer(s): __________________________________________________________

Address of consumer(s): ________________________________________________________

Ordered on (DD/MM/YYYY): __________

Received on (DD/MM/YYYY): __________

Date (DD/MM/YYYY): __________

Signature of consumer(s) (only if this form is notified on paper):

___________________

This Schedule satisfies Annex I(A) of the EU Consumer Rights Directive 2011/83/EU