TERMS AND CONDITIONS – DIESEL CONTROL EU

1. Identification and purpose

This document governs the general terms and conditions applicable to the access, contracting and use of the products and services offered by Diesel Control EU (hereinafter, “Diesel Control EU” or the “Company”), through its website, digital platforms and other commercial channels, within the territory of the European Union.

The purchase of any product or service implies the express, full and unconditional acceptance of these Terms and Conditions.

2. Scope of application and contractual hierarchy

2.1. These Terms and Conditions shall apply to all contractual relationships entered into with Diesel Control EU, including, without limitation, the sale of products and the provision of diagnostic, repair, remanufacturing, programming, coding and electronic analysis services.

2.2. They shall apply to both professional customers (B2B) and consumers (B2C), subject to any mandatory legal provisions applicable to consumers.

2.3. The application of any general or specific terms and conditions of the customer is expressly excluded, even if not expressly rejected, unless previously accepted in writing by Diesel Control EU.

2.4. The invalidity or unenforceability of any provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

3. Definitions

• Product: any electronic module, control unit or ECU (ECU, PCM, TCU, BCM or similar), new, used or remanufactured, sold by Diesel Control EU.
• Service: any technical activity, including diagnostics, repair, remanufacturing, programming, cloning, verification or electronic analysis.
• Professional customer (B2B): any natural or legal person acting in the course of its commercial or professional activity.
• Consumer (B2C): any natural person acting for purposes outside his or her trade or profession.

4. Offers, quotations and contract formation

4.1. All information, quotations or offers provided by Diesel Control EU are for informational purposes only and are non-binding unless expressly stated otherwise.

4.2. Diesel Control EU reserves the right to refuse orders, cancel transactions or correct manifest errors, including typographical, technical, system or pricing errors.

4.3. The contract shall be deemed concluded only when Diesel Control EU expressly confirms the order or commences performance of the contracted service.

5. Prices and payment terms

5.1. All prices are stated in euros (€) and exclude taxes, duties or charges unless expressly indicated otherwise.

5.2. Unless otherwise agreed in writing, full payment must be made in advance prior to delivery of the product or performance of the service.

5.3. Failure to comply with payment obligations entitles Diesel Control EU, without prior notice, to suspend services, retain products, terminate the contract and claim statutory interest and collection costs.

6. Shipping, transport and transfer of risk

6.1. Unless mandatory legal provisions provide otherwise, transport of products to and from Diesel Control EU shall be carried out at the customer’s sole risk and expense.

6.2. The customer must inspect the shipment upon receipt and notify any visible damage within twenty-four (24) hours, providing sufficient evidence.

6.3. Diesel Control EU shall not be liable for delays, loss or damage attributable to carriers, logistics providers or third parties.

7. Taxes, customs duties and related charges

7.1. All taxes, duties, customs fees, import or export charges, clearance costs, brokerage fees, storage costs or any similar charges arising from the contractual relationship shall be borne entirely by the customer, unless mandatory law provides otherwise.

7.2. This includes, without limitation, costs related to shipments to Diesel Control EU, returns to the customer and cross-border transactions within or outside the European Union.

7.3. Diesel Control EU shall not be liable for delays, detentions or additional costs resulting from customs or tax authorities or regulatory changes.

7.4. If Diesel Control EU is required to advance any such costs, the customer shall fully reimburse such amounts as a condition prior to delivery or return of the product.

8. Diagnostic services

8.1. Diagnostics constitute an independent technical service, carried out using specialized professional means, and are non-refundable in all cases, including where the customer chooses not to proceed, the module is deemed non-repairable or no functional defect is found.

8.2. The diagnostic fee covers technical time, electronic testing and expert analysis.

9. Acknowledgment of pre-existing condition

9.1. The customer expressly acknowledges that any module submitted to Diesel Control EU has pre-existing defects, damage or malfunction, which is the reason for its submission.

9.2. Diesel Control EU does not guarantee repairability. Modules may present irreversible damage or latent defects that become apparent only during technical evaluation.

9.3. A determination that a module is non-repairable shall not constitute breach of contract, negligence or liability and shall not entitle the customer to replacement, refund, compensation or damages, including loss of use or loss of profits.

10. Warranty

10.1. Warranty periods

• Electronic repairs: one (1) year.
• Programming or coding services: thirty (30) days.
• Modules sold and programmed by Diesel Control EU: one (1) year.

10.2. Warranty conditions

The warranty shall apply only if the module has been correctly installed, warranty seals remain intact, the defect is reported in writing within the applicable period, and the module is returned to Diesel Control EU for evaluation.

11. Warranty exclusions

The warranty does not cover, among others:

• Installation, diagnostic or handling errors.
• Vehicle or external system faults (including battery, alternator, wiring, sensors or power supply).
• Third-party interventions, unauthorized modifications or reprogramming.
• Moisture, corrosion, contamination, soldering, over-voltage, voltage spikes, reversed polarity or short circuits.
• Physical damage, misuse, negligence or improper vehicle maintenance.
• Costs related to installation, removal, towing, transport, vehicle rental or third-party diagnostics.

12. Limitation of liability

12.1. Diesel Control EU shall only be liable in cases of willful misconduct or gross negligence, to the extent required by applicable law.

12.2. In any event, Diesel Control EU’s maximum liability shall be limited to the amount actually paid for the product or service giving rise to the claim.

13. Exclusion of indirect damages

Any indirect or consequential damages are expressly excluded, including, without limitation:

• Loss of profits or revenue.
• Vehicle downtime or loss of use.
• Commercial or contractual damages vis-à-vis third parties.

14. Right of withdrawal (consumers)

14.1. Consumers have a period of fourteen (14) calendar days to exercise their right of withdrawal in distance contracts, in accordance with EU consumer protection law.

14.2. The right of withdrawal shall not apply to fully performed services, customized or programmed products, digital content, or modules that have been installed or handled.

14.3. Return shipping costs shall be borne by the consumer, unless mandatory law provides otherwise.

15. Intellectual property

All content, technical documentation, texts, images and distinctive signs are the property of Diesel Control EU and are protected under applicable intellectual property laws.

16. Data protection

Diesel Control EU processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable data protection laws. Further details are provided in the Privacy Policy published on the website.

17. Force majeure

Diesel Control EU shall not be liable for failure to perform its obligations due to force majeure or circumstances beyond its reasonable control.

18. Governing law and jurisdiction

18.1. These Terms and Conditions shall be governed by European Union law and, subsidiarily, by the law of the Member State where Diesel Control EU is established.

18.2. For consumer contracts, the competent courts shall be those provided by mandatory law. For professional customers, the parties expressly submit to the courts of the registered office of Diesel Control EU.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.