Right of withdrawal and when it can be lost
As a consumer you generally have the right to withdraw from a distance contract within 14 days. For services and digital content this right can end earlier – if, before performance begins, you give the relevant consent and are informed that you will lose the right (Article 16(a) and 16(m) of Directive 2011/83/EU). You make these declarations at checkout using checkboxes that are not pre-ticked; we record their content and date, and you receive a confirmation by e-mail.
Nature of the offer
- remote services – installation and configuration of diagnostic software on the Customer's computer, updates, remote coding and programming of vehicle modules, diagnostics and technical support;
- digital content supplied without a tangible medium – files, access data, download links or instructions (e.g. prepared configuration or repair files).
Services are performed using the Customer's diagnostic interfaces and software to which the Customer has legal access. The type of performance (service or digital content) is stated in the product description and determines the withdrawal rules below.
Right of withdrawal
A consumer, and an entrepreneur with consumer rights, may withdraw from a distance contract within 14 days of its conclusion without giving any reason. You can send your statement, e.g. by e-mail to diagsupport@diagsocar.com; you may use the model form at the bottom of this page, but you do not have to.
Services (Article 16(a) of Directive 2011/83/EU)
- If you requested that the service begin before the withdrawal period expires, the right of withdrawal expires once the service has been fully performed – provided you were informed beforehand that you would lose the right and acknowledged this.
- If you withdraw before the service has been fully performed, you pay for the services provided up to the withdrawal, in proportion to the scope of the service performed.
Digital content (Article 16(m) of Directive 2011/83/EU)
- The right of withdrawal does not apply where supply has begun with your prior express consent and your acknowledgement that you thereby lose the right of withdrawal, and we have sent you a confirmation of the contract on a durable medium.
How the declarations are made
You give the required consents at checkout using separate checkboxes that are not pre-ticked and that depend on the type of product. Their content, version and the date and time are recorded with the order, and you receive a confirmation by e-mail. Merely sending you a message (e-mail, SMS, messenger) does not by itself remove your right of withdrawal if the above conditions have not been met.
Refunds
After an effective withdrawal we refund all payments without undue delay, no later than 14 days after receiving your statement, using the same means of payment, unless you have expressly agreed to another method that involves no costs for you.
Complaints (non-conformity with the contract)
We are liable for the conformity of services and digital content with the contract under applicable law. Complaints are handled within 14 days of receipt.
Typical grounds for a complaint
- the service has not been performed despite payment;
- the service has been performed contrary to the agreement (e.g. incorrect configuration or installation);
- the digital content or the result of the service does not work as described for reasons attributable to us.
When a complaint is usually unjustified
- the service was performed correctly and the Customer simply changed their mind (outside the right of withdrawal);
- the problem results from the Customer's actions, e.g. an incorrectly connected interface or missing administrator rights;
- the Customer's equipment does not meet the technical requirements clearly stated in the product description.
This does not limit your statutory rights.
Remedies
- First, we bring the service or digital content into conformity (e.g. by repeating the installation or configuration free of charge), where this is possible.
- If this is not possible, fails or the non-conformity is serious, you may request a price reduction or terminate the contract and receive a refund, in accordance with applicable law.
How to submit a complaint
Send it by e-mail to diagsupport@diagsocar.com and include: your name, the e-mail address used for the order, the order number, the date of the service and a description of the problem (screenshots or logs are helpful). We will reply by e-mail.
Out-of-court dispute resolution
You may use out-of-court procedures, e.g. consumer arbitration and mediation at the Polish Trade Inspection (Inspekcja Handlowa) or the competent bodies in your country. Free help with cross-border disputes is available from the European Consumer Centres Network (ECC-Net).
Model withdrawal form
Legal basis: Directive 2011/83/EU on consumer rights, Directive (EU) 2019/770 on contracts for the supply of digital content and digital services, the Polish Consumer Rights Act of 30 May 2014 and the Polish Civil Code. This document has been prepared as a draft and requires a final legal review before publication.