Last updated: October 2, 2026 BavELab Website and Service Terms and Conditions
Remote Services, workshop services and digital results
English version dated 30 September 2026
1. General provisions and Service Provider details
1.1. These Terms and Conditions govern the use of https://bavelab.com/ (the “Website”), the placing of one-off distance Orders, the provision of Remote Services and Workshop Services, and the supply of Digital Content and performance of digital activations in BMW, MINI and Rolls-Royce vehicles. The feasibility of particular work and the method of performing it are determined for the selected Vehicle before the Order is placed.
1.2. The service provider is BEL Automotive Engineering sp. z o.o. (spółka z ograniczoną odpowiedzialnością — a limited liability company), with its registered office in Kraków, entered in the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy, KRS) under number 0001239031, with tax identification number (Numer Identyfikacji Podatkowej, NIP) 6762719158 and statistical registration number (REGON) 544634640, operating under the brand Bavarian Electronics Laboratory / BavELab (the “Service Provider”).
1.3. These Terms and Conditions apply to Consumers, Sole Traders with Consumer Rights and Business Customers. They do not exclude or limit rights that cannot be excluded or limited by agreement.
1.4. These Terms and Conditions are provided free of charge before the contract is concluded, in a form that allows them to be stored and reproduced unchanged. The version accepted by the Customer when placing the Order applies to that Order.
1.5. The Service listing, Order checkout page, Individual Offer, Order Confirmation and Workshop Work Order specify the particular scope, price, method and time for performance, technical conditions and agreed result. An individually agreed term takes precedence only on the matter that it expressly regulates and to the extent permitted by law. Information that the law treats as part of the contract, including relevant public statements about the properties of the result, is not overridden by a general provision of these Terms and Conditions; any change must comply with the law and, where required, be expressly agreed by the parties.
1.6. The provisions of sections 11 and 12 concerning the right to withdraw from a distance contract, early commencement and its consequences, and the provisions on conformity of Digital Content and goods with the contract apply to a Sole Trader with Consumer Rights to the extent provided by Polish law. The statutory protection against unfair contract terms also applies to that person. Provisions applying exclusively to Business Customers do not apply to that person. Having a NIP number or having a document issued for business purposes does not, in itself, exclude this protection. The Service Provider may invite the Customer to clarify voluntarily the nature of the Service purchased for their business; a separate statement to that effect is not a condition of concluding the contract and does not replace an assessment of the circumstances specified by law.
2. Definitions
2.1. Customer — a natural person, legal person or other organisation using the Website or entering into a contract with the Service Provider.
2.2. Consumer — a natural person entering into a contract that is not directly related to their business or professional activity.
2.3. Sole Trader with Consumer Rights — a natural person entering into a contract directly related to their business activity but not of a professional nature for that person, as determined in particular by reference to the scope of their business activity recorded in CEIDG, to the extent provided by law.
2.4. Business Customer — a Customer who is neither a Consumer nor a Sole Trader with Consumer Rights.
2.5. Vehicle — the BMW, MINI or Rolls-Royce vehicle identified in the Enquiry, Order or Workshop Work Order.
2.6. VIN (Vehicle Identification Number) — the identification number of the Vehicle.
2.7. Service — agreed diagnostic, software, electronic, repair, advisory or other work performed by the Service Provider.
2.8. Remote Service — a Service performed wholly or partly through a remote connection to the Customer’s computer and the Vehicle’s electronic systems.
2.9. Workshop Service — a Service performed at the Service Provider’s workshop on the basis of a Workshop Work Order.
2.10. Digital Activation — a commercial description of assigning an agreed function to, or integrating it into, the Vehicle’s electronic systems, including through FSC or SFA mechanisms where applicable to the selected system. Depending on the actual subject matter of the Order, an activation may constitute a Service, the supply of Digital Content, or a combination of those elements.
2.11. Digital Content — data in digital form intended for integration into the Vehicle’s electronic systems. The Service Provider does not sell or transfer FSC, SFA, tokens, configuration files, archives, removable storage devices or other digital media to the Customer as a standalone deliverable. The subject matter of the Order is the agreed function, its assignment to a specific VIN and/or the installation Service. This does not exclude the provision of instructions, a diagnostic report, an Order Confirmation or a billing document.
2.12. Enquiry — a Customer’s request for the VIN and the feasibility of the work to be checked. An Enquiry does not, in itself, constitute acceptance of an Order by the Service Provider.
2.13. Order — a Service, Digital Content or a combination of the two for which a contract has been concluded.
2.14. Individual Offer — an offer prepared by the Service Provider for a specific Customer and VIN following a positive manual review of an Enquiry, setting out the selected fixed-price Service or the scope of work and price agreed following the Enquiry, together with the other essential terms of the prospective Order.
2.15. Individual Link — a link sent to a specific Customer to the page containing their Individual Offer, showing the VIN, Service or agreed scope of work and price, and providing a payment option.
2.16. Order Confirmation — a message provided to the Customer on a Durable Medium confirming the contract concluded and its essential terms.
2.17. Durable Medium — paper, an email, an electronic document that can be stored, or another means that allows the Customer to store information addressed to them, access it in the future and reproduce it unchanged.
2.18. Workshop Work Order — a document recording the agreed scope, price or method of determining it, and other terms of a Workshop Service.
3. The Website, free functions and physical goods
3.1. Through the available Website functions, the Customer may view the offering, submit an Enquiry and VIN, use the contact form or chat, place a one-off distance Order and book a workshop visit free of charge. If the relevant form is unavailable, the Customer may use the contact details in section 16.
3.2. The Website does not provide customer accounts, subscriptions or automatically renewing paid services. Each paid Order is a one-off transaction.
3.3. Browsing the Website, the VIN form, contact form, chat and booking function are free electronic services. Their use requires a device with internet access, an up-to-date web browser and, where a reply or confirmation is required, a valid email address.
3.4. A contract for a one-off free electronic service is concluded when the Customer starts using the relevant function and ends when the form has been submitted, the booking completed or use of the function discontinued. The Customer may stop using it at any time. Merely visiting the Website, submitting a form or making a free booking does not create any obligation to pay.
3.5. The physical goods section presents a range of equipment, interfaces, kits and components and allows an enquiry to be submitted. Publishing a listing and submitting an enquiry do not, in themselves, constitute the placing of a paid order; this procedure does not provide for online payment for physical goods. Availability, included items, the final price and terms of handover are agreed separately before a contract is concluded. This does not exclude any effect that applicable law gives to published information about goods and prices.
3.6. Any sale of physical goods is agreed separately. Before a distance contract for such a sale is concluded, the Customer receives the applicable mandatory information about the seller, goods, total price, delivery, payment, conformity with the contract, complaints and the right of withdrawal, followed after conclusion by confirmation on a Durable Medium. These Terms and Conditions do not replace separate terms for the sale of goods and do not exclude mandatory rights in relation to components sold by the Service Provider together with installation.
3.7. Using electronic services involves the usual internet risks, including malicious software, unauthorised access and attempts to obtain data by impersonating the Service Provider. The Customer is advised to use up-to-date software and check the Website address and the sender of messages.
3.8. The Customer must not transmit unlawful or malicious content or knowingly false information through the Website, interfere with its operation or bypass its security. Complaints concerning the Website and free electronic services are submitted under section 13.
4. Types of Services and Orders
4.1. At the workshop, the Service Provider may carry out diagnostics and fault finding, repairs to electronic control units and wiring, equipment installation as part of retrofits, commissioning of installed equipment, control unit coding and programming, electronic system updates and configuration, navigation map updates, engine and transmission software optimisation, and other individually agreed work.
4.2. Diagnostics, coding, configuration, programming, navigation updates, digital activations and other agreed software work may be performed remotely where suitable for that method. Feasibility is checked against the VIN and actual configuration. Compatible vehicles on the F, G, U and I platforms may be considered for remote work; BMW E-series and MINI R-series vehicles are serviced at the workshop. Physical repairs, equipment installation and work requiring the specialist’s direct physical access to the Vehicle are agreed as Workshop Services.
4.3. The Website may display listings for fixed-price Services, specific Services or packages whose scope and price are determined on enquiry, and a “Custom Remote Service” listing. In all cases, a distance Order is placed following an Enquiry and a positive manual review under section 5. An Enquiry may also be submitted through another available communication channel. Payment is made available through an Individual Link once the Service, scope of work and final price have been determined.
4.4. The digital authorisation mechanism required for a navigation map update, including FSC or SFA depending on the Vehicle architecture, may be included in a standard navigation update Order where expressly stated on the Order checkout page.
4.5. The actual subject matter of the Order, rather than its commercial name alone, determines the applicable rules. Before placing the Order, the Customer is shown the agreed result: a function, condition, version, diagnostic conclusion or another expressly described result. Performing work remotely does not, in itself, make it Digital Content. Where the subject matter is a digital service within the meaning of the law, the relevant mandatory rules apply, including those on conformity with the contract; the name “activation” does not, in itself, determine the loss of the right of withdrawal.
4.6. The operation of functions dependent on a mobile device or third-party services, including Apple CarPlay and Android Auto, may depend on the compatibility of the phone, operating system and applications, the region and account, and the availability of third-party services. The Service Provider is responsible for the agreed result and the compatibility information it provides. Dependence on an external factor does not, in itself, exclude liability for improper performance, integration or lack of conformity with the contract.
4.7. For navigation updates, the Service Provider is responsible for the agreed region, version and scope of installation, but does not guarantee absolute completeness or currency of the roads, addresses, points of interest and routing provided by the map supplier.
5. Enquiries and placing distance Orders
5.1. Public listings of Services and packages, including those with a fixed price, a price on enquiry and the Custom Remote Service, are invitations to submit an Enquiry so that feasibility can be checked. Submission of an Enquiry is a preliminary step in placing a distance Order.
5.2. For a fixed-price Service, the Customer selects the required Service and enters the VIN and email address. A brief explanation may be added where the form contains such a field, or sent separately. The Customer can check and correct the details before submission. The Enquiry is submitted using the “Send enquiry” button or an equivalent button in the language of the page.
5.3. For custom work, the Customer provides the VIN, email address and a description of the technical task. For a selected Service or package priced on enquiry, the Customer provides the VIN and email address; any necessary additional information is clarified when the Enquiry is reviewed. Details are submitted through the relevant form, separately if a required field is not available, or through an available Website chat, email, WhatsApp, Messenger or another available communication channel. For enquiries made outside the form, the Service Provider obtains any necessary clarification and the email address for the Individual Offer.
5.4. After the form is submitted, the Service Provider receives the Enquiry and the Customer receives a message at the email address provided stating that the Enquiry has been received and is being reviewed. For enquiries made through other channels, receipt is acknowledged in the course of communication with the Customer. Submission of the Enquiry and acknowledgement of receipt do not confirm feasibility or conclude a paid contract, do not create an obligation to pay and do not involve a hold on or debit of funds.
5.5. Before making payment available, the Service Provider manually checks the available information about the VIN, factory equipment, software and hardware requirements and reviews the description of the task. Where necessary, it requests photographs, diagnostic data or information about the components actually installed. If the form automatically checks the length and permitted characters of the VIN, that check confirms its format only and does not replace the manual review. The limitations of checking the Vehicle’s actual configuration are set out in section 6.
5.6. If the requested Service cannot be performed, the Service Provider informs the Customer of the reasons. No Individual Link for payment for that Service is sent. A different scope of work or method of performance may be offered separately and requires agreement with the Customer.
5.7. Following a positive review, the Service Provider emails the Customer an Individual Link. The link opens the page for the selected Service or Individual Offer, with the VIN and email address already filled in, the specific scope of work and the final price. For a fixed-price Service, the price of the selected Service is shown; for a Service or package priced on enquiry and for custom work, the previously agreed scope and price are shown. The Customer pays for the agreed offer on that page; the Customer cannot choose an arbitrary amount.
The Individual Offer applies to the Customer, VIN and scope of work specified in it. Changes to those details must be agreed before payment; changes to a contract already concluded require a separate agreement between the parties. The Customer should keep the Individual Link confidential and not publish it, since it may provide access to Order details. Use of the link does not, in itself, constitute conclusive proof of the authority of the person using it.
5.8. Before payment, the Customer is provided with the Service Provider’s name and contact details, the description and scope of the Order, VIN, actual category of the result, total price and currency, the one-off nature of the Order and payment arrangements, the time for performance, material technical conditions, information about applicable withdrawal and complaint rights, the required declarations and the version of these Terms and Conditions. The time for performance is specified as a particular date, a period, or a method of calculation with a clear starting date and maximum duration; the precise session time is agreed after payment within those limits. Immediately before the paid Order is placed, essential information about the result, total price and one-off nature of the Order is displayed clearly and prominently. If the offer contains an error, the Customer contacts the Service Provider for correction before paying.
5.9. The Customer personally accepts these Terms and Conditions and makes the applicable declarations under section 11, then proceeds with payment through Stripe. The button used to finalise the paid Order unambiguously indicates an obligation to pay, for example “Order and pay” / “Zamówienie z obowiązkiem zapłaty”. If a “Pay” button opens a further payment screen, the mandatory information and applicable declarations are provided before the Order is finalised. The consequences of failing to comply with mandatory requirements for a paid order are determined by law.
5.10. Under the procedure described in this section, the Customer accepts the Individual Offer by successful payment. The contract is concluded when the payment service provider confirms successful payment for that offer. Receiving the Individual Link, opening the page, exchanging messages to clarify the task or receiving confirmation of feasibility does not, in itself, constitute payment or conclude a contract under this procedure.
5.11. If payment is not successfully completed, no contract is concluded under clause 5.10. An unsuccessful or incomplete attempt does not create a separate Order. If the status is unclear or the transaction is being processed, the Customer should check the status with the Service Provider before paying again to avoid a duplicate payment. A delayed email does not, in itself, mean that payment has failed. An authorisation or temporary hold on funds without confirmed successful payment is not treated as payment for the Order. An erroneous duplicate payment for the same offer does not, in itself, increase the scope of the Order or create an obligation to perform the same Service again. Once the transactions have been reconciled, the excess amount received is refunded without undue delay in accordance with the law. Additional work is agreed separately.
5.12. Following successful payment, the Customer receives a message at the email address provided stating that the Order has been paid for and that the time of the remote session needs to be agreed. The specific date and time are agreed after payment within the period communicated beforehand. Payment does not mean that a session has already been scheduled or the Service performed. If a session cannot be agreed within the specified period, the Service Provider notifies the Customer; rescheduling requires agreement and does not restrict statutory rights in the event of delay.
5.13. After a distance contract is concluded, the Service Provider supplies the Order Confirmation to the Customer without undue delay and, in all cases, before the Service starts or Digital Content is supplied. The confirmation includes the Order number and date, the parties’ details, VIN, description and category of the result, price and payment status, the time for performance or the method of determining it, the exact wording of the declarations made, the accepted version of these Terms and Conditions and the withdrawal form. A link to a Website page that can be changed does not, in itself, replace the provision of these documents on a Durable Medium.
5.14. Additional work, a change in scope or a price increase requires the Customer’s separate consent. The selected Service must not be replaced with a different result without that consent.
5.15. If an unpaid Individual Offer has a limited validity period, its expiry is stated before payment. Expiry does not create a debt. To proceed, the Customer may request an up-to-date offer; expiry of a link does not change a contract already concluded. If an unpaid offer is changed by agreement, the Customer receives the updated version before payment. The previous version must no longer be available for payment once it has been replaced or the stated validity period has expired. Before finalising the Order, the Customer sees the current VIN, scope, price, time for performance and material limitations. Declarations previously made are not automatically carried over to a materially changed Order: the Customer accepts the current terms and makes the relevant declarations again. An error that leaves payment for an old version technically possible does not entitle the Service Provider to change or cancel a contract already concluded at its own discretion.
6. Compatibility, authority and lawfulness of the work
6.1. Feasibility depends, among other things, on the model and year of manufacture, actual equipment, hardware and software versions, installed control units, regional restrictions, manufacturer security measures, previous repairs and modifications, the Vehicle’s technical condition and the availability of external systems.
6.2. Even a manual VIN check may not reveal replaced control units, hidden faults, non-standard modifications, incorrect previous programming or discrepancies between the factory and actual configuration.
6.3. The Customer confirms that they own the Vehicle or have the owner’s authority to order the relevant work. The Service Provider may request proof of authority, particularly for work involving keys, anti-theft systems or identification data. A person placing an Order on behalf of another person or organisation must have the necessary authority and identify the party to the contract. Payment by a third party does not, in itself, replace the Customer or change the VIN, scope of the Order or agreed terms.
6.4. The Service Provider may decline an Enquiry before a contract is concluded or suspend performance of an Order if continuing would create a material technical risk, the Customer fails to provide necessary information, there are reasonable doubts about their authority, or the requested action may breach the law, safety requirements or third-party rights. After a contract is concluded, the Service Provider explains the obstacle and, where possible and required by law, allows a reasonable period for it to be remedied. Termination of the contract and settlement of amounts due are governed by the applicable grounds and section 12; this provision does not confer a right to abandon an accepted Order at the Service Provider’s discretion.
6.5. The Service Provider does not carry out unlawful alteration or concealment of mileage, unlawful interference with anti-theft or safety systems, or other work whose lawfulness cannot reasonably be established.
6.6. Work affecting DPF (diesel particulate filter), EGR (exhaust gas recirculation), SCR (selective catalytic reduction using AdBlue solution) or OPF (petrol particulate filter) systems is performed only to the extent permitted by applicable law. The Service Provider does not make changes intended to unlawfully disable or bypass emission control systems, or conceal faults in them, in a Vehicle intended for road use.
6.7. A temporary diagnostic procedure may be carried out only where objectively necessary for a particular check, to the minimum extent and for the minimum time needed, at the Service Provider’s workshop or on controlled premises of a Business Customer’s professional workshop. The procedure is documented. While the system is temporarily altered, the Vehicle must not be driven in road traffic; the original permissible condition must be restored and checked before the Vehicle is handed over or released from the controlled premises.
6.8. Work on a Vehicle genuinely intended exclusively for sport, testing or use away from public roads is assessed individually. The Service Provider may require documents, information about the Vehicle’s status and transport arrangements, and a separate written declaration, and may decline the work. A Customer’s declaration does not, in itself, establish a status required by law, make a prohibited action lawful or release either party from mandatory requirements.
6.9. For remote work and workshop work, the Customer discloses information known to them about existing symptoms, previous repairs, control unit replacements, retrofits, non-standard software, tuning and unsuccessful programming attempts that may be relevant to the Order. If the Vehicle’s condition or configuration changes after the Enquiry has been reviewed but before work starts or resumes, the Customer informs the Service Provider before performance. The Customer is not required to confirm a Vehicle history unknown to them; deliberate concealment or misrepresentation of material information is assessed in light of its effect on performance and any resulting damage.
6.10. Where the VIN, equipment, software or actual condition differs materially from the information on which the Individual Offer or Workshop Work Order was based, the Service Provider may suspend the start or continuation of work and agree a further check, a change of scope or another solution. Additional paid diagnostics or work require prior agreement. A free preliminary review of an Enquiry does not become chargeable retrospectively.
7. Remote Services and Customer obligations
7.1. The Customer is informed of the necessary technical conditions before the contract is concluded. Depending on the Order, the requirements include a compatible interface, a computer with a suitable operating system and administrator rights, TeamViewer or another agreed remote access application, a stable internet connection, physical access to the Vehicle, a working diagnostic socket, a charged and serviceable battery and, where necessary, a stabilised power supply of the required capacity. For programming and software updates, the external power supply requirements are clarified before the session. General information on the Equipment page is supplemented by instructions for the particular work.
7.2. The Customer provides accurate VIN and contact details, discloses the information referred to in clause 6.9, prepares the Vehicle and equipment in accordance with the instructions and remains available to carry out any necessary actions during the agreed session. If unable to take part or prepare the connection in time, the Customer notifies the Service Provider as early as possible.
7.3. Unless instructed by the Service Provider, the Customer must not disconnect cables, power, internet or remote access, start the engine, change the ignition state or interfere with programming.
7.4. Remote access is used only to the extent necessary to perform the Order and is terminated after the session. The Service Provider does not ask for passwords unrelated to the necessary technical environment.
7.5. If the Customer fails to connect, lacks the required equipment, fails to follow instructions or the session is interrupted for reasons attributable to the Customer, the Service Provider may suspend work and agree further action or rescheduling. Where required by law, the Customer is given a reasonable period to remedy the obstacle and is informed of the consequences. New preparation or recovery work made necessary by those circumstances and falling outside the original Order may be offered separately, with its scope and price agreed. Merely continuing an unfinished Service within the scope already agreed does not, in itself, create a new charge. If the contract is terminated, the amounts due are determined under clauses 12.9–12.10 and 12.14–12.15, taking account of the grounds for termination, the reasons and applicable law; no automatic retention of the entire payment is imposed merely because a session has been rescheduled.
7.6. The Service Provider may stop work immediately if continuing would create a material risk of damage to the Vehicle, an electronic control unit or equipment.
7.7. A Business Customer ordering work for the ultimate owner is responsible for obtaining that owner’s permission and communicating material technical limitations and instructions to them. This does not release the Service Provider from its own obligations.
7.8. The scope of a Remote Service, compatibility, technical requirements, estimated duration, and the availability and terms of backups and included follow-up support are stated in the relevant Service listing. For Services or packages whose parameters are determined on enquiry, and for custom Services, these terms are agreed separately and recorded in the Individual Offer before payment. The general procedure for enquiries following completion is set out in clause 7.11, and business hours in clause 16.9. The specific extent of the obligations is also governed by clause 1.5.
7.9. If the listing or Individual Offer includes a backup, the Service Provider saves the available data or configuration to the extent specified for that work. This does not mean creating a complete image of all the Vehicle’s electronic systems, retaining it indefinitely or being able to restore it after any subsequent intervention. The promised scope of the backup and the Customer’s mandatory rights remain unaffected.
7.10. The estimated session duration stated in the listing or Individual Offer refers to the work itself with the connection prepared. It is not a time limit for reviewing the Enquiry or a promise to start immediately after payment. If an obstacle is identified, further action is agreed without an automatic price increase.
7.11. Customers may contact support@bavelab.com about completed Services, including Remote Services and workshop work. These communications are considered during the business hours stated in clause 16.9, subject to statutory deadlines. The Service Provider clarifies the matter raised and the necessary next steps. Advice and technical assistance are provided to the extent included in the Order or are agreed separately; the general ability to contact the Service Provider about an Order does not mean that new work will be performed free of charge indefinitely.
Support is not available around the clock. These Terms and Conditions do not establish a general fixed period of additional support. Where a particular Order expressly provides for additional advice, technical actions or a support period, the Service Provider fulfils those terms; changes to these Terms and Conditions do not reduce obligations already accepted.
Additional diagnostics, configuration and recovery work that fall outside the agreed Order and are not required to be performed free of charge under the Service Provider’s obligations are carried out after their scope and price have been agreed. Subsequent coding, programming, updates, repairs, component replacements or other changes by the Customer, manufacturer, dealer or a third party are subject to clause 14.2. Rectifying a defect for which the Service Provider is responsible does not become chargeable merely because of the date of the enquiry or the end of additional support. Statutory complaint rights under section 13 remain unaffected.
7.12. Video playback functions must be used in accordance with road traffic rules. The driver must not watch videos or use devices in a way that distracts from driving. Technical availability of a function does not authorise its use in breach of the rules of the country where the Vehicle is used.
8. Free appointments and Workshop Services
8.1. Booking through the Website is a free reservation of a time slot. The booking itself does not constitute an order for a particular paid Service and creates no obligation to pay. For an ordinary appointment, the contract is concluded at the workshop after the terms and Workshop Work Order have been agreed. If the parties separately conclude a paid contract at a distance before the visit, the relevant distance contract rules apply; the subsequent place of performance does not displace them.
8.2. The Customer may cancel or reschedule a free appointment without charge by notifying the Service Provider as early as possible. A new date is subject to availability. This rule applies to the reservation of time; cancellation of a separately concluded paid contract and the amounts due are governed by that contract, section 12 and applicable law.
8.3. Before work starts, the Workshop Work Order states the agreed scope, price or, if the price cannot be determined in advance, a clear method of determining it, the agreed time for performance or the method of determining it, and, where applicable, the components to be installed. Symptoms and limitations known to the Customer are disclosed under clause 6.9; information about the initial condition that is material to the Order may be recorded under clause 10.5. Material changes to the scope, price or agreed result require agreement. The payment method is selected from the available options.
8.4. Additional work is performed after the Customer has consented. If separate paid diagnostics are needed or an obstacle is found, the Service Provider communicates the diagnostic charge or the method of determining it in advance and agrees the next steps. An agreed diagnostic charge may be payable regardless of whether the Customer orders a subsequent repair.
8.5. New, refurbished, used or Customer-supplied components are identified in the Workshop Work Order. The Service Provider is responsible for its own installation work, informs the Customer of any unsuitability it discovers in a component and must not proceed with an installation known to be unsuitable without a lawful and agreed solution. A hidden defect in a Customer-supplied component that could not reasonably have been discovered is not, in itself, attributable to the Service Provider. Mandatory rights relating to components sold by the Service Provider, including goods with digital elements and their installation, remain unaffected.
8.6. A test drive may be carried out by the Service Provider or a person it authorises where objectively necessary for the agreed diagnostics or verification of the result, within reasonably necessary limits as to time, distance and route. Consent to such a drive is included in the Workshop Work Order to be signed or in a separate framework agreement with a Business Customer. The drive is conducted in accordance with road traffic rules and is not used for personal purposes.
8.7. Before handing over the Vehicle, the Customer must remove money, documents and other valuables. Undeclared items are not deemed to have been entrusted to the Service Provider for safekeeping. If valuables are accepted for safekeeping, they are listed in the Workshop Work Order or in a separate acknowledgement. This clause does not exclude the Service Provider’s liability for damage caused by its fault or by the fault of persons for whom it is responsible.
8.8. A storage charge after completion of the work applies only if the Customer has been informed in advance of, and has accepted, its amount or calculation method and the point at which it starts to accrue. It may begin to accrue after the Customer has been notified that the Vehicle is ready and the agreed collection period has expired.
9. FSC, SFA and digital activations
9.1. Individually ordered original FSC, SFA, region changes and other digital activations dependent on a specific VIN and Vehicle configuration are arranged only after a manual check and prior agreement.
9.2. The Individual Offer specifies:
- the VIN and agreed function;
- whether the Order includes assignment of the digital activation, its installation or both;
- the price of the digital activation assignment and the installation Service, where those parts can reasonably be separated, or the total price of the combined Order;
- material technical and regional conditions;
- the agreed time for performance and completion criterion for each part of the Order.
9.3. If the agreed Order involves ordering or assigning an activation in BMW systems, the Service Provider carries out that action for the specified VIN after payment, receipt of the applicable declarations and provision of the Order Confirmation. Depending on the type of activation, applying it to the Vehicle may require subsequent installation, synchronisation or another technical action.
9.4. For such an order or assignment, the Service Provider retains the available confirmation of the placement and processing of the order or assignment of the activation in the BMW system. If the external system does not provide separate confirmation with an exact date and time, available information from that system and the internal Order log are used. Completion is determined by the agreed result stated in the Individual Offer.
9.5. If the agreed activation is assigned to a specific VIN and cannot be transferred to another Vehicle, the Customer is informed before payment. Individual assignment does not restrict complaints concerning an error by the Service Provider, improper performance or failure to conform to the Order, and does not, in itself, remove the right of withdrawal under section 12.
9.6. The time needed to generate, assign or make an activation technically available may depend on external systems. The Service Provider takes this into account when agreeing the time for performance before payment, notifies the Customer of a material delay and proposes a solution under clause 15.8. System unavailability does not automatically extend the contract indefinitely.
9.7. The legal consequences of withdrawal are determined by the actual category and extent of performance of each part of the Order. The commercial labels “FSC”, “SFA” or “activation” do not, in themselves, remove the Consumer’s mandatory rights.
10. Performance, price and payment
10.1. The Service Provider performs the Order professionally and in good faith, taking account of the agreed scope, available technical information and the Vehicle’s condition.
10.2. A diagnostic Service is complete when the agreed checks have been carried out and the results or recommendations have been provided. Diagnostics may establish that further checks are needed or that a repair is not possible. Unless a full diagnostic examination of the Vehicle is expressly included in the Order, preliminary checks and verification of the result are limited to the agreed work and do not confirm that all systems are free of faults or that there are no hidden or intermittent faults. If circumstances are identified that could prevent proper performance or safe use of the result, the Service Provider informs the Customer and agrees the next steps. A limited scope of checks does not release the Service Provider from properly performing the agreed diagnostics or achieving a particular result where promised in the contract.
10.3. A Service involving a specific result is complete when the result described in the Order has been achieved and the Customer has been given an opportunity to verify it, where such verification is technically possible.
10.4. If the Order separately provides for a digital activation, the criterion for supply of that part is specified before payment. An internal purchase, a cost incurred by the Service Provider or an entry in its system does not, in itself, mean that the result has been supplied to the Customer. Supply requires the agreed digital result to become available to the Customer or selected Vehicle in the manner provided for in the contract. If the subject matter is an installed and working function, assignment to a VIN alone does not amount to full performance: the agreed integration and checks are required. Mandatory rules on supply and the burden of proof remain unaffected.
10.5. To establish the initial condition, document performance and consider possible claims, the Service Provider may, to the extent necessary for the Order, record the VIN and identifiers of relevant components, available software versions, configuration and coding data, symptoms, diagnostic information, photographs of technical components, check results, the session date and messages from external systems. Any identified limitation of the checks that is material to the assessment of the result is recorded in the documentation. Information about the initial condition and the condition after performance may be compared with the data available when the Customer contacts the Service Provider again. Recording this information does not mean a full examination of all systems, creation of every possible backup or indefinite retention of data.
The Service Provider informs the Customer of the result of the completed Order and any material limitations identified within the relevant scope of work. Technical records and backups are assessed together with other evidence. Signing a completion document, making payment, raising no immediate objections or refusing to sign a document does not, in itself, deprive the Customer of statutory claims or constitute conclusive proof of quality or the absence of a defect.
10.6. The Customer’s acknowledgement of a disclosed technical risk does not constitute a waiver of statutory claims against the Service Provider.
10.7. The price and currency are stated on the Order checkout page, in the Individual Offer or in the Workshop Work Order. The Consumer price is stated gross (brutto), including applicable VAT (value added tax) and known mandatory charges. A Business Customer price may be stated net (netto), excluding VAT, with VAT shown separately.
10.8. Distance Orders are paid in full through Stripe before performance begins, following a positive manual check and provision of the Individual Offer under section 5. Submitting the initial Enquiry does not involve a hold on or debit of funds. Available payment methods are displayed at checkout.
10.9. Workshop Services are paid for after completion, in cash, by card, bank transfer or another available method, unless the Workshop Work Order provides for advance payment for an individually ordered component or another agreed arrangement. At a Business Customer’s request and subject to the Service Provider’s acceptance, an invoice may be issued with an agreed payment deadline.
10.10. The price applies only to the agreed scope. A change to a price on the Website does not affect a contract already concluded. Additional work and an increase in the contract price require the Customer’s separate consent. Settlement on termination of the contract or breach of obligations is governed by section 12; lawful claims for expenses or compensation for proven damage are not a unilateral increase in the Service price.
10.11. The Service Provider supplies an invoice or another payment document in accordance with applicable requirements.
10.12. No administrative fees or payment service provider charges are deducted from a full refund required by law or these Terms and Conditions.
11. Declarations and commencement of distance Order performance
11.1. Before placing a distance Order, the Customer personally ticks the applicable checkboxes. They must not be pre-ticked. The standard Remote Service ordering procedure provides for early commencement of performance. For a Consumer or Sole Trader with Consumer Rights, the separate declaration under clause 11.3 is therefore included in the ordering process for each such Service, including a custom Service, and is made before payment. The specific time for performance is stated in the offer under clause 5.8; consent to an early start does not, in itself, schedule the session for the day of payment.
11.2. Acceptance of these Terms and Conditions is mandatory for a paid Order and is recorded using a separate checkbox, for example: “I have read and accept the BavELab Website and Service Terms and Conditions.” Acknowledging the Privacy Policy does not constitute separate consent to data processing where the law does not require such consent. For a Consumer or Sole Trader with Consumer Rights whose Order consists solely of a Service with an early start, two separate checkboxes apply: acceptance of these Terms and Conditions and the combined declaration under clause 11.3. Acceptance of these Terms and Conditions by a Business Customer does not, in itself, grant a consumer right of withdrawal.
11.3. For a paid Service to begin before the 14-day withdrawal period expires, the Consumer makes the following combined declaration, through a separate checkbox, requesting early commencement and acknowledging its consequences:
“I expressly request that performance of the Service I have ordered begin before the 14-day withdrawal period expires. I acknowledge that I will lose my right to withdraw from the Service once it has been fully performed, and that if I withdraw after performance has begun but before it is complete, I will have to pay for the part actually performed in proportion to the agreed price.”
11.4. If paid Digital Content not supplied on a tangible medium is to be supplied before the 14-day withdrawal period expires, the Consumer makes the following declaration through a separate checkbox:
“I expressly consent to the supply of the Digital Content I have ordered beginning before the 14-day withdrawal period expires. I acknowledge that I will lose my right to withdraw from the relevant digital part of the Order once its supply begins.”
11.5. An Order that includes both a Service and Digital Content uses two separate declarations: the declaration under clause 11.3 for the Service and the declaration under clause 11.4 for Digital Content. The declarations required are determined by the actual subject matter of the Order, not by its commercial name alone.
11.6. Early commencement declarations are made separately from acceptance of these Terms and Conditions. Without the applicable express request or consent, the Service Provider does not begin the relevant performance before the withdrawal period expires. A Customer who does not want an early start may contact the Service Provider before placing the Order to agree a different time and offer. If a contract has already been concluded without the necessary declaration, further performance is agreed with the Customer while preserving their statutory rights; absence of a declaration does not automatically cancel the contract. A declaration is not replaced by a general reference to these Terms and Conditions, is not pre-ticked and is not inferred merely from payment. If the applicable declaration is received after the contract is concluded, it is separately confirmed on a Durable Medium before performance begins.
11.7. Making an early commencement declaration does not immediately deprive the Consumer of the right of withdrawal: for a Service, the right is lost only once it has been fully performed and the legal requirements have been met; for Digital Content, the right is lost when supply begins, provided the legal requirements have been met.
11.8. The Service Provider ensures that the Order number, Individual Offer version, exact wording and language of the declaration, the Customer’s action accepting it, the date and time, Order category and accepted version of these Terms and Conditions are recorded. For Orders placed on the Website, the state of the applicable checkboxes is recorded. The agreed terms and these details are included in the Order Confirmation on a Durable Medium. A log entry does not, in itself, replace the Customer’s valid prior declaration.
11.9. Consent to marketing communications, if requested, is obtained separately, is voluntary and is not a condition of concluding the contract.
12. Right of withdrawal, cancellation and refunds
12.1. A Consumer may withdraw from a distance contract for a Service or Digital Content without giving a reason within 14 days of its conclusion, unless applicable law provides for an exception or the right has been validly lost. If the mandatory information about the right of withdrawal has not been provided, the right expires 12 months after the end of the original period; if that information is provided during those 12 months, the withdrawal period is 14 days from receipt of the information. Any other special periods applicable by law remain unaffected.
12.2. To withdraw, it is sufficient to send the Service Provider an unequivocal statement of the decision to withdraw from the contract, for example to contact@bavelab.com or to the postal address in section 16. The form in Appendix 1 may be used, but is not mandatory. To meet the deadline, it is sufficient to send the statement before the period expires. The Order number and VIN help identify the contract, but their absence does not, in itself, invalidate the statement if the contract can be identified otherwise. Receipt of a withdrawal statement sent through an electronic method provided by the Service Provider is acknowledged to the Customer without undue delay on a Durable Medium in the cases required by law. If the Website provides a withdrawal form or function, it does not exclude other permitted ways of sending a statement.
12.3. Where the statutory right of withdrawal under clause 12.1 is exercised before performance has begun, the amount paid is refunded in full. Amounts due following an early start are governed by clauses 12.4–12.8. These rules are not a general promise of a full refund whenever a contract ends on any grounds.
12.4. If a paid Service began at the Consumer’s express request before the withdrawal period expired and the Consumer withdraws before completion, the Consumer pays for the part actually performed in proportion to the agreed price. If the agreed price is excessive, the amount is calculated on the basis of the market value of the part actually performed.
12.5. The right of withdrawal is lost once a paid Service has been fully performed, provided performance began at the Consumer’s prior express request, the Consumer was informed in advance of the consequences, acknowledged them and received the required confirmation.
12.6. For paid Digital Content not supplied on a tangible medium, the right of withdrawal is lost when supply begins, provided the Consumer gave prior express consent to early supply, was informed of the loss of the right, acknowledged that consequence and received the required confirmation of the contract and declaration on a Durable Medium. Payment alone, without these elements, does not end the right of withdrawal.
12.7. For an Order combining a Service and Digital Content, the consequences of withdrawal are assessed by reference to the actual subject matter and performance of each part. Apportioning the price does not restrict a right to withdraw from a wider part of the contract where the law provides for that right and the remaining part has no independent value for the agreed purpose.
12.8. If the Service Provider began performance without the necessary declaration, mandatory information or confirmation, the Consumer bears no costs in the cases provided by law.
12.9. If an obstacle to providing the agreed result is identified after the contract has been concluded, the Service Provider informs the Customer of its cause and the available solutions. A different result is not substituted for the agreed result without the Customer’s consent. The amounts due when the contract ends depend on its actual subject matter, the cause of the obstacle, the result provided and the applicable grounds for ending the contract.
Where performance is impossible due to circumstances for which neither party is responsible, payment is refunded to the extent required by law; where performance is partly impossible, the significance of the remaining part for the agreed purpose is taken into account. Clause 12.10 also applies to circumstances attributable to the Customer. Where the Service Provider is in breach, the Customer’s statutory claims remain unaffected, including a claim for a refund of the entire price where this follows from the nature of the breach or the lack of independent value of the part provided.
Separately agreed paid diagnostics that have been properly performed remain payable even if they establish that subsequent work is impossible, subject to the applicable statutory withdrawal rules. A free preliminary VIN check does not become paid diagnostics.
12.10. If the Customer breaches agreed obligations to provide information, prepare the Vehicle and equipment, ensure a connection or cooperate with performance, the Service Provider may suspend work and, where required by law, set a reasonable period to remedy the obstacle, explaining the consequences. If the contract ends, the Service Provider retains any claims available under applicable law for remuneration, reimbursement of necessary expenses and compensation for proven damage, taking account of causation and the grounds of liability. Where the law preserves the right to remuneration despite the absence of a result for reasons attributable to the Customer, the calculation is not automatically limited to the number of minutes actually spent. The amount is determined under clauses 12.14–12.15. Mandatory rules on statutory consumer withdrawal and remedies for the Service Provider’s breach take precedence.
12.11. If the Service or Digital Content has been fully and properly provided and the right of withdrawal has been lawfully lost, a subsequent change of mind does not, in itself, create a right to a refund.
12.12. Where the statutory right of withdrawal under clause 12.1 is exercised, payments due to be refunded are returned to the Consumer without undue delay and no later than 14 days after the Service Provider receives the withdrawal statement, using the same means of payment unless the Consumer has expressly agreed to another means at no cost. In other cases provided for in these Terms and Conditions, refunds are made without undue delay and within the statutory time limit. If a refund by the original means is technically impossible, the parties agree another means that is free of charge to the Customer, with the necessary verification of the recipient; this does not displace mandatory refund deadlines.
12.13. A lawful loss of the right of withdrawal does not restrict the right to complain about improper performance or lack of conformity with the contract.
12.14. If the Customer cancels a paid Order other than by exercising the statutory right of withdrawal under clause 12.1, the consequences depend on the type of contract and grounds for cancellation. For a contract for an agreed result (umowa o dzieło), where Articles 639 or 644 of the Polish Civil Code apply, the Service Provider may claim the agreed remuneration less any savings resulting from non-performance. For services to which Articles 746 and 750 of that Code apply, settlement may include necessary expenses, remuneration for actions performed and, where the contract is terminated without good reason, compensation for proven damage to the extent provided by law. The name of the Order does not determine its legal classification; these grounds do not automatically apply cumulatively. This clause does not exclude the right to terminate for good reason or to use remedies for the Service Provider’s breach.
12.15. When determining amounts due under clauses 12.9–12.10 and 12.14, the Service Provider gives the Customer the basis and breakdown of the amount, taking account of applicable rules, expenses saved or recovered and payments already made. There must be no double recovery of the same amount, automatic retention of the entire advance payment or imposition of a penalty not agreed in advance merely because of cancellation, rescheduling or failure to connect. Advance payment is taken into account in the final settlement; any amount due to be refunded is returned within the applicable time limit. These provisions do not reduce the amount or extend the refund deadline required in the event of statutory withdrawal by a Consumer or Sole Trader with Consumer Rights.
12.16. When reconciling amounts due, completed payments and final refunds, including refunds through a bank or payment service provider, are taken into account to prevent the same amount from being refunded twice. A provisional bank credit is not automatically treated as a final refund. If the Customer contacts the Service Provider and disputes the payment at the same time, the Customer is advised to disclose this so that the transactions can be reconciled. Contacting the bank does not restrict the right to complain or to exercise statutory withdrawal; the Service Provider may submit documents relevant to the dispute. A payment dispute does not, in itself, change mandatory deadlines or justify refusal of a refund due by law.
12.17. Following valid withdrawal from or termination of the contract in respect of Digital Content, the Customer ceases using the relevant digital result and making it available to third parties to the extent required by law. Technical actions to end access or restore the previous configuration are permitted only on a lawful basis, with the necessary agreement and with the Vehicle’s safety ensured. This clause does not authorise unauthorised remote access to the Vehicle, disabling its operation or making a mandatory refund conditional on actions by the Customer that the law does not require.
13. Complaints and conformity with the contract
13.1. A complaint may be sent to support@bavelab.com or contact@bavelab.com, sent to the postal address in section 16, or submitted in person at the workshop. Initial contact through another available channel does not prevent the complaint from being considered if its substance and the complainant can be identified.
13.2. To help resolve a complaint promptly, it is recommended that the Customer provide their name, contact details, Order number, VIN, date, a description of the problem, the remedy sought and any available diagnostic information. Absence of these details does not deprive the Consumer of the right to complain.
13.3. The Service Provider gives the Consumer a response to a complaint on paper or another Durable Medium within 14 days of receiving it, unless a specific legal provision sets another deadline. If no response is given within the applicable period, the complaint is deemed accepted in accordance with the law. A request for additional information does not, in itself, restart or suspend that period. The response deadline does not mean that every technical remedy must be completed within those same 14 days: the time for satisfying the claim is determined by law and the nature of the problem. Communications from other Customers are considered without undue delay, subject to applicable mandatory deadlines.
13.4. For a Service, the Consumer may use the remedies available under mandatory provisions, taking account of the nature of the breach, including demanding proper performance, a price reduction, termination of the contract or compensation for damage in the cases provided by law.
13.5. If Digital Content has not been supplied within the agreed time, the Consumer may call for it to be supplied and subsequently terminate the contract in the circumstances and manner provided by law. A further demand is not required if the Service Provider has stated that it will not provide the result, or if the agreed time was essential and was not met.
13.6. Where Digital Content does not conform to the contract, the Consumer is first entitled to have it brought into conformity free of charge. The Service Provider does so within a reasonable time and without significant inconvenience, or may refuse where this is impossible or would impose disproportionate costs.
13.7. The Consumer may obtain a proportionate price reduction or terminate the contract in the cases provided by law, in particular where bringing it into conformity is impossible, has not been carried out properly, the lack of conformity persists, is serious, or the circumstances clearly indicate that it will not be remedied. For paid Digital Content, termination on grounds of lack of conformity is excluded only where the lack of conformity is minor; the burden of proving that it is minor rests with the Service Provider.
13.8. For Digital Content supplied in a single act or in parts, the Service Provider has statutory liability for a lack of conformity that existed at the time of supply and becomes apparent within two years. Where it becomes apparent within one year, the statutory presumption that it existed at the time of supply applies. These periods are not the duration of an additional commercial guarantee and do not reduce update obligations; the Service Provider cannot rely on expiry of the period for discovering a lack of conformity that it deliberately concealed. Subsequent external changes are assessed with reference to section 14, causation and mandatory rights.
13.9. Digital Content must conform to the agreed description, functionality, compatibility, interoperability and completeness, as well as mandatory objective requirements. A deviation from an individual objective requirement is valid only where the Consumer has been clearly and separately informed and has separately and expressly accepted it before the contract is concluded.
13.10. The Service Provider informs the Customer of updates, including security updates, needed to maintain the conformity of Digital Content it has supplied, and supplies them to the extent and for the period required by law. This rule does not oblige the Service Provider to perform every software update for the Vehicle itself, BMW service or recall campaign, or subsequent dealer programming free of charge.
13.11. If the Consumer fails to install a required update supplied by the Service Provider within a reasonable time, liability for a lack of conformity resulting solely from that failure may be excluded only if the Consumer was informed in advance about the update and the consequences of not installing it, and there was no error in the instructions. The Customer cooperates, to a reasonable extent, in determining the cause of the problem using the least intrusive technical means.
13.12. An amount due following a price reduction or termination of the contract because of a lack of conformity of Digital Content is refunded without undue delay and no later than 14 days after receipt of the relevant statement, using the same means of payment unless the Customer has expressly agreed to another means at no cost, in accordance with the law.
13.13. Mandatory rules on conformity of goods with the contract and the corresponding remedies apply to components and other goods sold by the Service Provider, including goods with digital elements. Describing the contract as a “repair”, “retrofit” or “Service” does not exclude those rights. The procedure for claims is determined by the actual subject matter of the contract and applicable provisions.
13.14. On discovering a suspected defect, the Customer should report it and, insofar as reasonable and safe, preserve the relevant information and give the Service Provider an opportunity to check its cause. Until that check, the Customer is advised to avoid unnecessary deletion of diagnostic data, reprogramming or replacement of components relevant to the dispute. This does not prevent action needed for safety or to avoid further damage and does not restrict statutory rights to engage another provider. If the condition has been changed, its effect on establishing the cause is assessed in light of the actual circumstances and applicable rules of evidence; complaint rights are not automatically lost.
13.15. Acceptance and consideration of a complaint are not conditional on advance payment for diagnostics. The Service Provider does not charge for actions that it must perform free of charge to investigate or remedy a defect under its applicable obligations. If separate additional work is needed to address another task outside those obligations, its subject matter, basis for charging and price are agreed in advance. Making a complaint does not, in itself, constitute an order for that paid work; the absence of a confirmed defect does not automatically create a charge for the check.
13.16. The statutory presumption in clause 13.8 that a lack of conformity existed when Digital Content was supplied does not apply in the cases specified by law: where the Consumer’s digital environment is incompatible with technical requirements of which the Consumer was clearly and comprehensibly informed before the contract was concluded; or where the Consumer fails to fulfil the obligation to cooperate, to a reasonable extent and using the least intrusive technical means, in determining whether the problem is due to the characteristics of their digital environment, provided the Consumer was also clearly and comprehensibly informed of that obligation before the contract was concluded. This rule concerns the allocation of the burden of proof and does not, in itself, mean that the complaint is rejected or that the Service Provider is released from liability. A failure to reply immediately, disagreement with the Service Provider’s conclusion or inability to make the Vehicle available immediately does not, in itself, trigger that exception.
13.17. A report, estimate or invoice from another repairer is considered together with the other evidence and does not, in itself, establish the Service Provider’s liability for all the work and expenses listed. A reimbursement claim is assessed by reference to the grounds of liability, causation, the necessity of the expenses and their reasonable amount. This does not introduce a requirement for the Service Provider’s prior permission for damage prevention, urgent repairs needed for safety or other actions to which the Customer is entitled by law, and does not change mandatory rules of evidence.
14. BMW changes, Vehicle guarantees and liability
14.1. Dealer programming, BMW Remote Software Upgrade, a manufacturer update or service/recall campaign, restoration of the factory configuration, replacement of a control unit, changes to the region or security systems, and subsequent coding or programming by the Customer, including through a mobile application, may change, deactivate or remove coding, navigation data, FSC, SFA or other configuration. An individually modified configuration may be subject to limitations on subsequent factory programming; material known limitations are disclosed for the particular Order before the contract is concluded.
14.2. Restoration following an external change is assessed by reference to the cause of the problem, the original Order and included support. The mere fact of subsequent intervention does not prove a connection with every fault identified. If that change makes new work necessary, restoration is technically possible, falls outside the paid scope and is not required to discharge the Service Provider’s statutory obligations, it may be offered as a separate paid Service with scope and price agreed in advance. The existence of a saved backup does not, in itself, include subsequent restoration in the original price. No additional charge applies to rectification of improper performance, an initial lack of conformity or other obligations that must be fulfilled free of charge.
14.3. The Service Provider does not guarantee that the configuration will remain unchanged indefinitely after subsequent actions by the manufacturer, dealer, Customer or third parties. This provision does not restrict liability for a lack of conformity existing when the result was supplied, improper integration or an obligation to provide a Digital Content update expressly imposed on the Service Provider by mandatory law. A software update for the Vehicle itself performed by BMW or a dealer, including a service or recall campaign, does not, in itself, constitute such an update to the Service Provider’s Digital Content.
14.4. Matters concerning a commercial guarantee from the manufacturer, dealer or another guarantor are governed by its applicable terms and the law. The Service Provider does not promise that any modification will have no effect on a guarantee claim. A guarantor’s decision may be challenged by the means provided by law; it does not remove the Customer’s independent statutory claims against the seller or Service Provider. Mandatory service and recall measures are assessed with safety in mind; these Terms and Conditions do not require the Customer to decline them.
14.5. The Service Provider’s liability towards Consumers and Sole Traders with Consumer Rights is governed by mandatory provisions.
14.6. The Service Provider is not liable merely for the pre-existing presence of hidden faults, damaged control units or wiring, incorrect previous coding, non-standard modifications, incompatible components or discrepancies between the actual configuration and factory data.
14.7. The Service Provider is not liable for consequences caused exclusively by an incorrect VIN or incorrect information supplied by the Customer, failure to follow technical instructions, disconnection of cables, power or internet, subsequent intervention by the Customer, a dealer or a third party, or unlawful use of the result. This rule applies only where there is a causal link.
14.8. If an act or omission by the Service Provider has worsened the Vehicle’s condition or the quality of the result, liability is determined by applicable law. If the Customer contributed to the occurrence or increase of the damage, this is taken into account when determining liability and the amount of compensation, in proportion to the circumstances and the degree of fault of the parties, in accordance with the law. Merely discovering a problem after performance of the Order does not establish its cause; statutory rules of evidence and presumptions remain unaffected.
14.9. In dealings with a Business Customer, to the maximum extent permitted by law, damages are limited to actual financial loss, excluding lost profits, and the aggregate amount of those damages for a particular Order is limited to the amount paid for that Order. This limitation does not reduce the obligation to return a payment received without entitlement or an amount due to be refunded as a result of the contract being validly brought to an end.
14.10. The limitations do not apply to intentional damage, gross negligence, death or personal injury, or liability that cannot be excluded by law.
15. Intellectual property, data, external circumstances and Business Customers
15.1. Tools, methods, software, documentation and procedures remain the property of their respective rights holders. The Customer receives only the agreed function or other result expressly specified in the Order.
15.2. The names BMW, MINI, Rolls-Royce, Apple CarPlay, Android Auto and other trade marks belong to their respective owners and are used solely to identify vehicles, systems and compatibility.
15.3. BEL Automotive Engineering sp. z o.o., operating under the brand Bavarian Electronics Laboratory (BavELab for short), is an independent service provider, is not part of BMW Group and is not its official dealer or authorised service centre. Use of the names Apple CarPlay and Android Auto does not imply representation of, or authorisation by, Apple or Google.
15.4. The controller of personal data is BEL Automotive Engineering sp. z o.o. Detailed information about the purposes and legal bases of processing, recipients, retention periods, possible transfers outside the EEA and individuals’ rights is provided in a separate Privacy Policy when data are collected. Information about cookies and necessary consent settings is provided separately. Acceptance of these Terms and Conditions does not replace separate consent required by law.
15.5. Payment data are processed by Stripe in accordance with that provider’s rules. The Service Provider does not receive the full card number or card security code where they are processed by Stripe.
15.6. Remote access is used only within the agreed technical scope. Information obtained and technical records relating to the Order may be processed to perform the contract, handle complaints, establish, exercise or defend legal claims and meet mandatory requirements, in accordance with the Privacy Policy. Only data necessary for the relevant purpose are collected; accepting these Terms and Conditions does not constitute consent to unrestricted access to the Customer’s computer, collection of unrelated data or indefinite retention.
15.7. In circumstances beyond the Service Provider’s reasonable control, liability is determined by applicable law, taking account of causation, foreseeability and the measures taken. A communications or power failure, unavailability of BMW systems, a payment service provider or remote access software does not, in itself, release the Service Provider from liability for its own errors, inadequate preparation or the acts of persons for whom it is responsible. Changes to manufacturer security measures, actions by public authorities and extraordinary events are assessed under the same rules.
15.8. The Service Provider notifies the Customer of a material obstacle, takes reasonable steps to reduce its consequences and proposes agreeing a postponement or another solution. Indefinite extension without the Customer’s agreement is not permitted. In the event of delay or impossibility of performance, statutory claims for performance, termination of the contract, a refund and compensation remain unaffected. Amounts due are determined on the relevant grounds, taking account of clauses 12.9–12.10 and 12.14–12.15 and, in the event of statutory consumer withdrawal, the special rules in clauses 12.1–12.8 and 12.12. An external obstacle does not automatically release the Service Provider from liability or entitle it to retain payment contrary to law.
15.9. Individual prices, response times, remote support arrangements, confidentiality terms and other conditions may be agreed with Business Customers. A Business Customer must not give guarantees on the Service Provider’s behalf that the Service Provider has not confirmed.
15.10. In dealings with Business Customers only, the Service Provider’s liability under rękojmia — the statutory liability for defects provided for in the Polish Civil Code — is excluded to the extent that the law permits such exclusion for the subject matter of the contract, including where those rules apply correspondingly to the result of work. The exclusion does not apply to deliberate concealment of a defect or other cases in which the law does not permit limitation, and does not override a separately given guarantee or individually agreed obligations expressly undertaken. It does not apply to Consumers or Sole Traders with Consumer Rights. Other claims for non-performance or improper performance are governed by section 14 and applicable law.
16. Final provisions, governing law, disputes and contact details
16.1. The contract for a one-off Order remains in force until the parties’ obligations have been fulfilled. A new version of these Terms and Conditions applies to future contracts and does not change the terms of a contract already concluded, unless otherwise required by law or agreed by the parties.
16.2. These Terms and Conditions may be provided in Polish, English and Russian. Before the contract is concluded, the Customer receives the applicable language version, and the version actually accepted is provided on a Durable Medium. Mandatory Polish-language requirements remain unaffected. Another language version cannot unilaterally change the agreed content; doubts about standard terms are interpreted in the Consumer’s favour in accordance with the law.
16.3. Contracts are governed by the law of the Republic of Poland. This choice does not deprive the Consumer of the protection of mandatory provisions of the country of their habitual residence where those provisions apply.
16.4. Disputes with Consumers are heard by the competent court in accordance with mandatory procedural rules. Disputes with Business Customers are heard by the court with jurisdiction over the Service Provider’s registered office, unless a mandatory provision or an individual agreement provides otherwise.
16.5. Once a complaint has been considered, the Consumer may use out-of-court dispute resolution procedures. Information is available at https://polubowne.uokik.gov.pl/.
For disputes within the remit of Inspekcja Handlowa (the Trade Inspection) in the Małopolskie Voivodeship:
Małopolski Wojewódzki Inspektor Inspekcji Handlowej w Krakowie
ul. Ujastek 7, 31-752 Kraków
email: sekretariat@krakow.wiih.gov.pl
https://www.krakow.wiih.gov.pl/
16.6. If the dispute is not resolved through the complaint, the Service Provider informs the Consumer on paper or another Durable Medium whether it agrees to participate in an out-of-court dispute resolution procedure and, if it agrees, identifies the competent body. If the required statement is not provided, the Service Provider is deemed to have agreed to participate in such a procedure in accordance with the law.
16.7. The invalidity of an individual provision does not affect the remaining provisions to the extent permitted by law.
16.8. The Service Provider’s contact and registration details:
BEL Automotive Engineering sp. z o.o.
Brand: Bavarian Electronics Laboratory / BavELab
Registered office: Kraków, Poland
Registered and postal address: ul. Szlak 77, lok. 222, 31-153 Kraków, Poland
Workshop address: ul. Skręcona 9, 31-587 Kraków, Poland
Registration court: Sąd Rejonowy dla Krakowa-Śródmieścia w Krakowie, XI Wydział Gospodarczy Krajowego Rejestru Sądowego
KRS: 0001239031
NIP: 6762719158
REGON: 544634640
Share capital: 5,000 Polish zlotys (PLN)
General email and address for withdrawal statements: contact@bavelab.com
Email for order enquiries: orders@bavelab.com
Email for questions and problems concerning completed work, including complaints: support@bavelab.com
Telephone / WhatsApp: +48 793 333 353
Website: https://bavelab.com/
16.9. Business and support hours: Monday–Friday 09:00–18:00, Saturday 09:00–15:00; closed on Sunday. Times are local Polish time: GMT+1, or GMT+2 during daylight saving time. Workshop visits and remote sessions take place by prior arrangement. These hours specify normal working times and times for considering enquiries, but do not guarantee an immediate response or performance of new work at the time of contact. Messages may also be sent outside these hours. Business hours do not change agreed Order performance deadlines or statutory withdrawal, complaint and refund deadlines; receipt of an electronic communication outside business hours is not, in itself, deferred to the next working day for the purpose of calculating a mandatory time limit.
Appendix 1
Distance contract withdrawal form
(Send this form only if you wish to withdraw from the contract. Use of the form is optional.)
To:
BEL Automotive Engineering sp. z o.o.
ul. Szlak 77, lok. 222
31-153 Kraków, Poland
Email: contact@bavelab.com
I/We(*) hereby give notice of withdrawal from the contract for the following Service or supply of the following Digital Content:
____________________________________________________________
Date the contract was concluded: ________________________________________
Order number, if known: ________________________________________
VIN, if applicable: ________________________________________
First name and surname of the person(s) giving notice: ________________________________________
Address of the person(s) giving notice: ________________________________________
Email: ________________________________________
Date: ________________________________________
Signature — only if this form is submitted on paper:
______________________________
(*) Delete as appropriate.