Disclaimer
DISCLAIMER & WARNING
The Products we sell on our website are intended for use either in simulation settings or in physical environments. You should understand the difference between simulation shifters and motorsport shifters before buying, using and/or installing your Product. Car racing, or any other form of motorsports, is a high-risk activity and very dangerous. By purchasing our products, you are solely responsible for installing, using and maintaining the Product. If you do not know how to use or install a Product, do not attempt to use or install it.
Please note that Motorsport Products were previously referred to as Reality Products. If you purchased a Reality Product from us, then all references to Motorsport Products apply.
IF YOU BUY OUR SIMULATION PRODUCTS
By ordering products that are intended for use for simulation purposes, including but not limited to simulation gear shifters (Simulation Products), you acknowledge and agree that:
(a) the Simulation Product is intended to be used for simulation purposes only;
(b) you must not use the Simulation Product for real life racing or any form of motorsports;
(c) you must not, and must not allow any third party to, reverse engineer, decompile, disassemble or
otherwise attempt to modify the Simulation Product; and
(d) the Simulation Product must not be modified or otherwise adapted to be used for real life racing, any other form of motorsports or for any other purpose in a physical environment.
IF YOU BUY OUR MOTORSPORT PRODUCTS
By ordering products that are intended for use and installation in motorsport vehicles (Motorsport Products), you acknowledge and agree that:
(a) the Motorsport Product is not a simulation product for virtual, augmented or mixed reality but is intended for use in a completely physical environment;
(e) the Motorsport Product may be used in motorsports, which is an inherently dangerous and high-risk activity and is subject to laws, rules and regulations;
(f) you have completely satisfied yourself as to the suitability of the Motorsport Product for your intended use, application and installation of the Motorsport Product; and
(g) you are solely responsible for the use, application and installation of the Motorsport Product. If you are not sure how to safely use, apply or install the Motorsport Product for your intended use, you should not install or use it. You acknowledge and agree that improperly installing or using a
Motorsport Product is highly dangerous.
INSTALLATION, USE AND MAINTENANCE OF THE MOTORSPORT PRODUCT
(a) You acknowledge and agree that the Motorsport Product is provided on an “as is” basis and you must install, use and maintain the Motorsport Product in accordance with:
(i) its intended use of gear shifting and not any other purpose;
(ii) all applicable laws, rules, regulations and safety guidelines applicable to the Motorsport Product and its installation, use and maintenance; and
(iii) the Motorsport Product’s manufacturer’s requirements, recommendations and instruction manuals.
(h) You acknowledge and agree that you are solely responsible for the installation, use and maintenance of the Motorsport Product, which includes but is not limited to regularly checking the Motorsport Product for damage and wear.
(i) You acknowledge and agree that you must not, and must not allow any third party to, reverse engineer, decompile, disassemble or otherwise attempt to modify the Motorsport Product.
(j) If you do not comply with any clause in this document, then Jinx Shifters accepts no responsibility for such conduct or any consequences of such conduct, such as injuries or death. YOU ASSUME ALL RISK
You acknowledge and agree that the installation, use and maintenance of the Motorsport Product may be potentially dangerous and high-risk and could cause injuries or death to you or third parties or damage to property. By purchasing and/or using the Motorsport Product, you assume, to the maximum extent permitted by applicable law, all the risks inherent in the use of the Motorsport Product, including the risk of death, injury or damage to personal property occasioned by the use of the Motorsport Product, regardless of how such
death, injury or damage was sustained and whether as a result of malfunctions of the Motorsport Product or other faults of Jinx Shifters.
FAULTY PRODUCTS
Our process for refunds, returns and exchanges are set out in clause 6 of our terms and conditions, which can be accessed here:
https://jinxshifters.com/policies/terms-of-service
If you believe your Product is faulty, please contact us using the details
provided on our Website with a full description of the fault (including images).
We usually require you to send the Product to us (at your own cost) for inspection before deeming it faulty.
However, we will refuse your return and send the Product back to you (at your own cost) if we find that the
‘fault’ is due to:
(a) fair wear and tear;
(k) misuse, including but not limited to improperly installing, using or maintaining the Product;
(l) exposure to conditions due to the manner in which the Product was installed or used;
(m) failure to use in accordance with the manufacturer's instructions;
(n) a lack of maintenance;
(o) failure to take reasonable care; or
(p) any other breach of our terms and conditions regarding the use of your Product.
Updated March 2024