Terms and Conditions

Effective Date: 30/06/2025

Entity: Basic Engineering Sp. z o.o., Al. Jana Pawła II 27, 00-867 Warsaw, Poland

These Terms and Conditions ("Terms") apply to all purchases made from Basic Engineering Sp. z o.o. ("Basic," "we," or "us") by customers ("Customer," "you"). They govern sales of both physical products and digital services through our website, online store, or direct distribution channels.

1. Scope of Application

1.1 These Terms apply to all sales contracts between Basic and its Customers, whether the Customer is a business (B2B) or a private individual (B2C).

1.2 Customers acknowledge and accept these Terms upon placing an order.

1.3 These Terms must be read together with our Returns Policy and Privacy Policy, which are incorporated by reference.

1.4 In the event of any discrepancy between these Terms and applicable consumer protection laws, such laws shall take precedence for B2C Customers.

2. Product Warranty

2.1 Warranty Period:

  • All products are covered by a 12-month limited hardware warranty from the date of invoice. This warranty covers manufacturing defects in materials and workmanship.
  • For private consumers in the European Union, this commercial warranty is in addition to, and does not affect, your statutory rights, including the 2-year legal guarantee for non-conformity of goods under EU and Polish consumer protection laws.

2.2 Exclusions:

The warranty does not cover:

  • Improper use, unauthorized modifications, or incorrect installation.
  • Use with unsupported vehicles not listed in the official compatibility documentation.
  • Normal wear and tear.

2.3 Claims Process:

  • Warranty claims must be submitted within 14 calendar days of discovering the defect, following the process outlined in our Returns Policy.

2.4 Remedy & Limitations:

  • The remedy is limited to repair or replacement, at our discretion. Warranty repairs do not extend the original warranty period.

3. B2B vs. B2C Clarification

3.1 Business Customers (B2B):

  • These Terms primarily reflect our standard conditions for registered business entities purchasing our products for commercial or professional use.
  • B2B transactions are not subject to EU consumer law protections and follow the specific warranty, return, and liability terms outlined herein and in the Returns Policy.

3.2 Private Consumers (B2C:

While BASIC primarily offers its products to business customers (B2B), private individuals (consumers) are not excluded from purchasing. In such cases, the buyer is considered a consumer under applicable EU and Polish law. Accordingly, the following consumer rights apply:

  • The right to withdraw from the contract within 14 days (§2 Returns Policy)
  • A statutory 2-year legal guarantee for defective goods (§3 Returns Policy)
  • Protection under EU Directive 2011/83/EU and the Polish Civil Code
  • For full details, please refer to our Returns Policy, which outlines applicable procedures based on customer classification (B2B vs. B2C).

3.3 Use of Included Credits (Rings):

  • With the purchase of an OBD Pro device, BASIC may provide a limited number of in-app credits ("Rings") as part of the purchase package. These Rings are credited directly to the user’s account and can be used to unlock functions within the BASIC OBD Pro application.
  • In the event of a product return, BASIC reserves the right to reduce the refund by the equivalent value of any Rings that were used, calculated according to the standard in-app pricing available at the time of purchase. Rings that have not been used will not be refunded, exchanged, or transferred.

4. Use and Compliance

4.1 The Customer is solely responsible for ensuring that product use complies with all applicable laws and regulations in their jurisdiction.

4.2 We assume no liability for prohibited, non-road-legal, or unlawful use of our products.

5. Intellectual Property

5.1 All intellectual property rights in Basic’s software, hardware, documentation, and content remain the exclusive property of Basic.

5.2 Customers receive a limited, non-transferable license to use our products solely for their intended and lawful use.

5.3 Reverse engineering, decompilation, or distribution without written consent is prohibited.

6. Limitation of Liability

6.1 Basic is not liable for any indirect, incidental, or consequential damages, including:

  • Lost profits or business opportunities
  • Data loss or system downtime
  • Incompatibility with third-party hardware or software

6.2 Our total liability shall not exceed the price paid for the affected product or service.

7. Confidentiality (B2B only)

7.1 Business Customers agree to treat all non-public information from Basic—such as pricing, business plans, or technical specifications—as confidential.

7.2 Such information shall not be disclosed without prior written consent.

8. Returns and Withdrawal Rights

8.1 Returns must comply with the procedures outlined in our Returns Policy.

8.2 Unauthorized returns may be refused.

8.3 Consumers (B2C) have a statutory 14-day withdrawal period; businesses (B2B) do not have a general right of return unless otherwise agreed.

9. Software Compatibility and Usage

9.1 Compatibility is guaranteed only for vehicles listed in our official documentation.

9.2 Use outside of specified compatibility may result in system errors or damage and void all warranties.

9.3 Customers are expected to possess or obtain sufficient knowledge to operate automotive software safely.

10. Indemnification (B2B only)

10.1 Business Customers agree to indemnify and hold harmless Basic against any claims, costs, or damages resulting from:

  • Unauthorized or improper use of the product
  • Violation of these Terms
  • Third-party claims arising from business operations

11. Privacy and Data Use

11.1 Customer data is handled in accordance with our Privacy Policy.

11.2 By placing an order, you consent to data collection, processing, and use for order fulfillment, customer service, and legal compliance.

12. Governing Law and Jurisdiction

12.1 These Terms shall be governed by the laws of Poland.

12.2 Disputes shall be submitted to the competent courts of Warsaw, Poland, without prejudice to the consumer’s right to legal redress in their country of residence (where applicable).

13. Force Majeure

13.1 We are not liable for failure to perform due to events beyond our reasonable control, including but not limited to acts of God, supplier failure, strikes, or regulatory changes.

14. Amendments

14.1 We reserve the right to update or amend these Terms. Any updates will be published on our website and apply to future transactions from the date of publication.

15. Termination

15.1 We reserve the right to terminate a business relationship with notice in the event of misuse, fraud, or breach of contract.

15.2 Upon termination, the Customer must cease use of any software or systems and return confidential materials where applicable.