Terms & Conditions

1. General information

1. The online shop available at sklep.diagsocar.com (the “Shop”) is operated by DiagsoCar – Krzysztof Sokołowski, ul. Zawady 44D, 97-400 Bełchatów, Poland, NIP (tax ID): 7692256327, REGON: 544180660 (the “Seller”).
2. Contact: e-mail diagsupport@diagsocar.com, phone/WhatsApp +48 507 363 019, Telegram @DiagsoCar.
3. These Terms & Conditions set out the rules for using the Shop, placing orders, performing services and supplying digital content, as well as the rights and obligations of the parties.
4. DiagsoCar is an independent provider and is not affiliated with or authorised by BMW AG, Mercedes-Benz Group AG, Volkswagen AG or any other vehicle manufacturer. Brand names are used for identification purposes only.

2. Definitions

• Customer – a natural person, legal person or organisational unit using the Shop.
• Consumer – a natural person concluding a contract with the Seller for purposes not directly related to their business or profession.
• Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business where the contract is not of a professional nature for them (Polish Civil Code); the consumer provisions on the right of withdrawal apply to them accordingly.
• Service – a service performed remotely, in particular the installation and configuration of diagnostic software, updates, coding and programming of vehicle control units, activations and technical support.
• Digital content – data produced and supplied in digital form, e.g. files, access data, download links or instructions.
• Payment operator – Stripe Payments Europe, Limited, which processes online payments for the Shop.

3. Scope of the offer

1. The Shop offers services related to the installation and configuration of vehicle diagnostic software, coding and programming of vehicle functions (e.g. Apple CarPlay, Android Auto and other functions), the preparation of coding and repair files, and technical support.
2. Services are performed remotely (e.g. via AnyDesk or TeamViewer) or in another way agreed with the Customer.
3. Each product description states the subject of the order, the technical requirements and how the service or digital content is delivered.

4. Orders and conclusion of the contract

1. Orders are placed via the Shop's order form. The Customer must provide the correct data required to perform the order.
2. Placing an order requires accepting these Terms & Conditions and – depending on the type of product – making the declarations described in section 7, using separate checkboxes that are not pre-ticked.
3. The contract is concluded when the Customer completes the payment and the Seller confirms the order. The confirmation, including the content of the declarations made, is sent to the Customer's e-mail address (durable medium).

5. Prices and payment

1. Prices are stated in euros (EUR) and include VAT.
2. The available payment methods are shown at checkout and may include payment cards, Apple Pay, Google Pay, PayPal, Revolut Pay and Klarna, depending on availability.
3. Online payments are processed by Stripe Payments Europe, Limited.
4. Performance of the order starts after the payment has been confirmed, unless the parties agree otherwise.

6. Performance of services and delivery of digital content

1. Services are performed on a date agreed individually with the Customer, usually within 24 hours of payment on business days.
2. The Customer must provide the access to equipment, the vehicle or data necessary to perform the service.
3. Digital content (files, links, access data or instructions) may be delivered, and communication may take place, by e-mail, SMS, MMS, iMessage, WhatsApp, Telegram, Messenger or another communication channel agreed with the Customer, as appropriate for the order.
4. Sending a message through any of these channels does not in itself mean that the consumer loses the statutory right of withdrawal. The right of withdrawal can only be lost under the conditions described in section 7.

7. Right of withdrawal

1. A consumer, and an entrepreneur with consumer rights, may withdraw from a contract concluded at a distance within 14 days of its conclusion without giving any reason, by sending a statement, e.g. to diagsupport@diagsocar.com. A model withdrawal form is available on the Returns & Complaints page; using it is optional.
2. Services. If the consumer has expressly requested that performance of the service begin before the withdrawal period expires: (a) the right of withdrawal expires once the service has been fully performed, provided that the consumer acknowledged before performance began that they would lose this right (Article 16(a) of Directive 2011/83/EU; Article 38(1)(1) of the Polish Consumer Rights Act); (b) if the consumer withdraws before the service has been fully performed, they must pay for the services provided up to the withdrawal, in proportion to the scope of the service performed.
3. Digital content not supplied on a tangible medium. The right of withdrawal does not apply where performance has begun with the consumer's prior express consent and acknowledgement that they thereby lose the right of withdrawal, and the Seller has provided confirmation of the contract on a durable medium (Article 16(m) of Directive 2011/83/EU; Article 38(1)(13) of the Polish Consumer Rights Act).
4. The consents and acknowledgements referred to in points 2 and 3 are given during the order using separate checkboxes that are not pre-ticked and that depend on the type of product (service / digital content). Their content, version and the date and time they were given are recorded with the order and confirmed to the Customer by e-mail.
5. If the consumer does not request early performance, performance starts after the 14-day withdrawal period, unless the parties agree otherwise.
6. In the event of an effective withdrawal, the Seller refunds all payments received from the consumer without undue delay and no later than 14 days after receiving the withdrawal statement, using the same means of payment, unless the consumer has expressly agreed otherwise and incurs no fees as a result.
7. The above does not limit the consumer's statutory rights, including rights in the event of non-conformity of digital content or a service with the contract.

8. Complaints and conformity with the contract

1. The Seller is liable for the conformity of services and digital content with the contract in accordance with applicable law.
2. Complaints can be submitted by e-mail to diagsupport@diagsocar.com. A complaint should describe the problem and include data allowing the order to be identified (e.g. the order number).
3. The Seller responds to a complaint within 14 days of receiving it.
4. Details are set out on the Returns & Complaints page.

9. Technical requirements and compatibility of the Customer's equipment

1. To use the Shop, the Customer needs a device with internet access, an up-to-date web browser and an active e-mail address.
2. Some services require the Customer to have a suitable diagnostic interface and software to which the Customer has legal access.
3. Before purchasing, the Customer must read the technical requirements of the selected product or service, in particular the computer system requirements and the list of supported diagnostic interfaces stated in the product description.
4. The Seller does not guarantee correct operation of the software with devices, operating systems or interfaces that do not meet the requirements stated in the product description. This also applies to non-original, modified or incompatible diagnostic interfaces, unless their support is expressly confirmed in the offer.
5. If, after the purchase, it turns out that the Customer's equipment does not meet the technical requirements clearly presented before the contract was concluded, this circumstance alone does not mean that a correctly supplied product is not in conformity with the contract.
6. The above provisions do not limit the consumer's statutory rights, including rights arising from non-conformity of digital content or a service with the contract.

10. Personal data

Personal data are processed in accordance with the Privacy Policy. Information on cookies is available in the Cookie Policy.

11. Out-of-court dispute resolution

1. A consumer may use out-of-court complaint and redress procedures, e.g. the permanent consumer arbitration courts and mediation at the Polish Trade Inspection (Inspekcja Handlowa), or the competent bodies in the consumer's country.
2. Consumers can obtain free help with cross-border disputes from the European Consumer Centres Network (ECC-Net).

12. Final provisions

1. These Terms & Conditions are governed by Polish law. This choice of law does not deprive a consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence.
2. The Seller may amend these Terms & Conditions for important reasons (e.g. changes in the law or in the offer). Amendments do not affect orders placed before they take effect.

These Terms & Conditions – in particular the provisions on the right of withdrawal, digital content, remote services and technical requirements – have been prepared as a draft and require a final legal review before publication.