Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Bavarian Automotive Limited, trading as Bavarian Automotive under licence.

Throughout these Terms of Service, references to “Bavarian Automotive”, “we”, “us” and “our” mean Bavarian Automotive Limited unless expressly stated otherwise.

Bavarian Automotive Limited is the contracting entity responsible for the sale and supply of goods and services purchased through this website.

By accessing this website, placing an order or purchasing goods or services from us, you agree to be bound by these Terms of Service together with any policies referenced within them, including our Returns & Refunds Policy and Privacy Policy.

Nothing in these Terms is intended to exclude, restrict or otherwise affect any statutory rights which cannot lawfully be excluded or restricted.

SECTION 1 – USE OF OUR WEBSITE

You agree not to:

• use our website, products or services for any unlawful purpose;
• misuse, interfere with or disrupt our website, systems or services;
• attempt to bypass security, fraud-prevention or verification systems;
• submit false or misleading information;
• impersonate another person;
• use our website in connection with fraudulent or abusive activity.

We reserve the right to restrict access, refuse service or cancel transactions where reasonably necessary to protect our business, customers, systems or legal rights.

SECTION 2 – AFTERMARKET AUTOMOTIVE PRODUCTS

Many products supplied by Bavarian Automotive are aftermarket automotive electronic, infotainment, styling or retrofit products.

Such products may require:

• removal of existing vehicle components;
• dismantling of trim or interior panels;
• electrical connections;
• vehicle-specific wiring;
• coding;
• programming;
• configuration;
• software settings;
• DIP-switch settings;
• additional accessories;
• modification of vehicle settings; or
• professional installation.

The customer must ensure that the product is suitable for their vehicle before proceeding with installation.

Where there is any uncertainty, installation should not continue until compatibility has been checked with us.

SECTION 3 – CHECKING GOODS BEFORE INSTALLATION

Customers and installers must inspect goods before installation.

This includes checking, where applicable:

• the product received;
• model or variant;
• connectors;
• wiring;
• screen size;
• head-unit type;
• vehicle specification;
• product markings;
• supplied accessories; and
• any obvious physical damage.

If a product appears to be incorrect, damaged or incompatible, the customer must stop installation and contact us before continuing.

Customers should not cut, modify, permanently fix, programme or install a product which they believe may be incorrect.

Continuing installation after an obvious compatibility concern may affect whether resulting damage or costs can reasonably be attributed to Bavarian Automotive.

Nothing in this section affects statutory rights relating to goods which do not conform to the contract.

SECTION 4 – VEHICLE COMPATIBILITY

We make reasonable efforts to provide accurate compatibility information.

However, vehicles of the same:

• make;
• model;
• registration year; or
• body style

may contain different infotainment systems, software, wiring, connectors or factory options.

Compatibility may depend upon factors including:

• production date;
• infotainment system;
• head-unit version;
• screen type;
• connector configuration;
• software version;
• factory options;
• previous modifications;
• regional vehicle specification; and
• equipment fitted by a previous owner.

Where requested, customers must provide accurate vehicle information.

This may include:

• registration number;
• make;
• model;
• year;
• VIN or chassis information where reasonably necessary;
• photographs of the dashboard;
• photographs of connectors;
• infotainment menu photographs;
• current screen dimensions;
• software information; or
• photographs of other relevant vehicle components.

Failure or refusal to provide reasonably requested information may prevent us from confirming compatibility or diagnosing an alleged fault.

SECTION 5 – CUSTOMER ORDERING THE WRONG PRODUCT

Customers are responsible for selecting the appropriate product where the website provides sufficient information for them to do so.

Where the customer:

• orders the wrong model;
• orders the wrong variant;
• provides incorrect vehicle information;
• fails to disclose relevant vehicle modifications;
• incorrectly identifies their infotainment system; or
• installs a product despite an obvious incompatibility,

Bavarian Automotive will not be responsible for losses or third-party costs resulting solely from that customer error, except where required by law.

Where possible, we may offer an exchange for the correct product subject to availability and our Returns & Refunds Policy.

SECTION 6 – INSTALLATION

Installation must be performed competently and in accordance with any instructions or technical information supplied.

Professional installation is strongly recommended where installation involves:

• vehicle wiring;
• electrical connections;
• dismantling;
• coding;
• fibre-optic systems;
• CANBUS systems;
• modification;
• cutting;
• drilling; or
• removal of factory equipment.

Unless specifically sold as an installation service by Bavarian Automotive, the purchase of a product does not include installation.

SECTION 7 – INDEPENDENT AND THIRD-PARTY INSTALLERS

Where a customer appoints their own:

• garage;
• dealership;
• technician;
• mechanic;
• mobile installer;
• auto electrician; or
• other third-party installer,

that person or business is appointed independently by the customer.

Unless expressly confirmed otherwise in writing, they are not an employee, agent, representative or subcontractor of Bavarian Automotive.

We do not control their:

• workmanship;
• labour rates;
• diagnostic process;
• installation methods;
• timescales;
• recommendations; or
• decisions to remove, replace or modify vehicle components.

Bavarian Automotive is not responsible for loss or damage caused by an independently appointed installer.

This includes loss or damage arising from:

• incorrect wiring;
• reversed connections;
• incorrect coding;
• damaged connectors;
• broken trim;
• damaged screens;
• damaged vehicle modules;
• electrical faults caused during fitting;
• short circuits;
• incorrect configuration;
• cutting or modification;
• incorrect diagnosis; or
• failure to follow installation instructions.

SECTION 8 – THIRD-PARTY LABOUR AND INSTALLATION COSTS

The customer must contact Bavarian Automotive before authorising third-party expenditure relating to a suspected fault or compatibility issue wherever reasonably possible.

Unless we have expressly agreed otherwise in writing, Bavarian Automotive does not approve or accept liability in advance for independently incurred:

• installation charges;
• removal charges;
• reinstallation charges;
• diagnostic charges;
• coding charges;
• programming charges;
• dealership charges;
• garage labour;
• technician fees;
• mobile installer charges;
• travel costs;
• call-out charges;
• vehicle recovery;
• vehicle storage;
• replacement vehicle costs;
• loss of earnings; or
• other third-party expenses.

A customer’s decision to instruct or pay an independent third party does not automatically make Bavarian Automotive responsible for that invoice.

The customer should therefore contact us before authorising additional expenditure so that we have a reasonable opportunity to:

• troubleshoot the issue;
• request evidence;
• confirm compatibility;
• inspect the product;
• test the product;
• provide technical instructions; or
• propose an appropriate remedy.

Where applicable consumer law requires Bavarian Automotive to bear particular necessary costs as part of a statutory remedy, we will comply with those obligations.

SECTION 9 – FAULT REPORTING

Where a customer believes a product is faulty, they should contact us before returning or replacing the product.

We may reasonably request information including:

• photographs;
• videos;
• vehicle details;
• wiring photographs;
• connector photographs;
• installation photographs;
• software information;
• fault codes;
• diagnostic information;
• descriptions of the symptoms; and
• details of troubleshooting already performed.

This information assists us in distinguishing between:

• product faults;
• compatibility issues;
• configuration issues;
• software issues;
• installation errors; and
• vehicle-side faults.

Customers must provide reasonable cooperation with troubleshooting where doing so does not cause significant inconvenience or prejudice their statutory rights.

SECTION 10 – FAULT TESTING

Goods returned as faulty may be inspected and tested.

Testing may include bench testing, connection to appropriate equipment or comparison against known working hardware.

Where testing confirms a genuine fault, we will provide the appropriate remedy in accordance with applicable law and our Returns & Refunds Policy.

Where testing finds no product fault, we may provide the customer with our findings and return the product where appropriate.

We are not responsible for an independent installer’s diagnosis solely because that installer has stated that a product is defective.

SECTION 11 – REPAIR, REPLACEMENT AND REFUNDS

Where goods do not conform to the contract, remedies will be provided in accordance with applicable UK consumer law.

Depending upon the circumstances, this may include:

• repair;
• replacement;
• price reduction; or
• refund.

The availability of a particular remedy depends upon the circumstances and applicable statutory requirements.

Where a repair or replacement is legally required, Bavarian Automotive will comply with its obligations relating to reasonable timescales, significant inconvenience and necessary costs.

Nothing in these Terms limits rights provided by the Consumer Rights Act 2015.

SECTION 12 – CHANGE-OF-MIND RETURNS

Change-of-mind returns are governed by our Returns & Refunds Policy and applicable consumer legislation.

For qualifying distance purchases, consumers may have a statutory right to cancel within the applicable cancellation period.

Customers exercising a right to cancel must notify us clearly of their decision.

Returned products must be packaged appropriately and customers should take reasonable care of goods while they are in their possession.

Where legally permitted, deductions may be made where handling has gone beyond what would reasonably be permitted when examining goods in a physical shop and that handling has diminished the value of the goods.

Further information is available in our Returns & Refunds Policy:

https://bavarian-automotive.co.uk/policies/refund-policy

SECTION 13 – INSTALLED OR USED GOODS

Installing an automotive product will frequently involve substantially more handling than simply inspecting it.

Depending upon the circumstances, installation may involve:

• removing protective films;
• connecting wiring;
• mounting hardware;
• programming;
• coding;
• applying adhesive;
• cutting;
• drilling;
• modifying components; or
• causing visible installation marks.

Where a customer is exercising a change-of-mind cancellation right, any deduction for diminished value will be determined in accordance with applicable law.

This section does not affect remedies available where goods are faulty, misdescribed or otherwise do not conform to the contract.

SECTION 14 – RETURNS PROCESS

Customers wishing to return a product should follow our authorised returns procedure.

Customers should:

1. contact us with their order details;
2. explain the reason for return;
3. provide any reasonably requested information;
4. obtain the applicable return instructions;
5. securely package the product; and
6. return all supplied components where required.

Customers remain responsible for ensuring returned goods are adequately packaged.

We recommend using an appropriate tracked service and retaining proof of postage.

Our full Returns & Refunds Policy is available at:

https://bavarian-automotive.co.uk/policies/refund-policy

SECTION 15 – ITEMS DAMAGED DURING INSTALLATION

Products damaged through incorrect installation, misuse, modification or accidental damage are not treated as faulty merely because they no longer operate.

Examples may include:

• cut wiring;
• damaged plugs;
• snapped connectors;
• damaged screens;
• water damage;
• burnt circuitry;
• reversed polarity;
• physical damage;
• unauthorised internal modification;
• damaged ribbon cables; or
• damage caused by incorrect voltage.

This does not affect the customer’s rights where damage was caused by an inherent defect in the goods.

SECTION 16 – CODING, SOFTWARE AND CONFIGURATION

Some products require configuration, coding or specific settings before they will operate correctly.

An apparent failure to function does not necessarily establish that the product itself is defective.

Customers may be required to complete reasonable setup or troubleshooting procedures before a fault can be confirmed.

Software functionality may also depend upon:

• connected devices;
• mobile operating systems;
• third-party applications;
• manufacturer updates;
• Bluetooth;
• Wi-Fi;
• mobile phone settings; or
• vehicle software.

We cannot guarantee perpetual compatibility with future third-party software or operating-system updates outside our control.

This does not affect statutory rights regarding the conformity of goods at the time required by law.

SECTION 17 – PRODUCT MODIFICATIONS

Unless specifically required by the installation instructions, customers should not:

• cut;
• solder;
• drill;
• dismantle;
• modify;
• reprogramme;
• alter wiring;
• open sealed electronic hardware; or
• permanently alter

a product before contacting us about a suspected fault.

Unauthorised modification may affect our ability to determine the original condition of the product.

SECTION 18 – ORDERS AND PAYMENT

Customers must provide accurate:

• billing information;
• delivery information;
• contact information; and
• payment information.

We may refuse or cancel an order where reasonably necessary, including where:

• payment cannot be authorised;
• fraud is reasonably suspected;
• stock is unavailable;
• there is an obvious pricing or listing error;
• incorrect customer information has been provided; or
• legal restrictions prevent fulfilment.

Where we cancel an order for reasons not caused by the customer and payment has already been taken for goods not supplied, the relevant amount will be refunded.

SECTION 19 – PRICING

Prices shown on our website may change from time to time.

Price changes do not retrospectively alter an accepted order except where:

• there has been an obvious pricing error;
• the customer agrees to a change; or
• applicable law permits otherwise.

We reserve the right to correct obvious website, technical or pricing errors.

SECTION 20 – AVAILABILITY

All products are subject to availability.

We may:

• discontinue products;
• replace products with updated versions;
• revise specifications; or
• withdraw listings.

Where a material change affects an existing order, we will contact the customer where appropriate.

SECTION 21 – DELIVERY

Delivery estimates are estimates unless we expressly agree that delivery by a particular date is essential.

We are not responsible for delays caused solely by circumstances outside our reasonable control, although this does not remove any statutory responsibility relating to delivery.

Customers are responsible for providing a complete and accurate delivery address.

Where an address provided by the customer is incorrect or incomplete, additional delivery costs may apply where legally permissible.

SECTION 22 – DELIVERY DISPUTES

Where tracking indicates that an order has been delivered but the customer disputes receipt, we may investigate the delivery with the relevant carrier.

We may request reasonable supporting information before reaching a conclusion.

Depending upon the circumstances, this may include:

• confirmation of the delivery address;
• photographs;
• safe-place information;
• neighbour enquiries;
• carrier GPS information; or
• a written declaration of non-receipt.

This does not affect the customer’s statutory rights concerning the risk in goods.

SECTION 23 – WARRANTIES

Where we provide a commercial warranty, that warranty is additional to statutory consumer rights.

Warranty coverage does not ordinarily include damage resulting from:

• incorrect installation;
• accident;
• misuse;
• unauthorised modification;
• water ingress caused externally;
• incorrect wiring;
• physical damage; or
• vehicle faults unrelated to the supplied product.

Specific warranty conditions may also be supplied with individual products.

SECTION 24 – LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

Subject to that principle and to the maximum extent permitted by law, Bavarian Automotive will not be responsible for losses which were not reasonably foreseeable consequences of our breach.

For customers purchasing wholly or mainly for business purposes, we will not be liable, to the extent permitted by law, for:

• loss of profits;
• loss of revenue;
• loss of business;
• loss of contracts;
• loss of opportunity;
• loss of anticipated savings; or
• business interruption.

Nothing in this section affects statutory consumer rights.

SECTION 25 – VEHICLE DAMAGE

Bavarian Automotive is not responsible for damage to a vehicle caused by an independently appointed installer, customer installation or misuse.

Where Bavarian Automotive directly provides installation services, responsibility for those services will be determined in accordance with the applicable contract and law.

SECTION 26 – CONSEQUENTIAL EXPENDITURE

Customers should not incur substantial additional expenditure on the assumption that Bavarian Automotive will reimburse it without first contacting us wherever reasonably possible.

This includes instructing another business to:

• remove the product;
• replace the product;
• undertake extensive diagnostics;
• replace unrelated vehicle components; or
• carry out remedial work.

We reserve the right to dispute costs that were:

• unnecessary;
• disproportionate;
• unrelated to a defect for which we are responsible; or
• incurred without giving us a reasonable opportunity to investigate,

except where the customer was legally entitled to incur those costs and recover them from us.

SECTION 27 – CHARGEBACKS AND PAYMENT DISPUTES

Customers are encouraged to contact us promptly regarding any problem with an order so that we have an opportunity to investigate and resolve the matter.

Nothing in these Terms removes any legal right a customer has to raise a legitimate payment dispute or exercise rights available through their card issuer, payment provider or applicable law.

Where a chargeback or payment dispute is raised, we may provide the payment provider with relevant evidence including:

• order information;
• delivery records;
• tracking;
• customer communications;
• compatibility information;
• technical support records;
• return information;
• photographs;
• testing results; and
• evidence of acceptance of applicable terms.

Where a payment is reversed despite an amount remaining lawfully due, we reserve all rights available to recover that debt.

Any recovery costs or interest will only be claimed where legally recoverable.

SECTION 28 – FRAUD AND ABUSE

We reserve the right to investigate suspected:

• payment fraud;
• false claims;
• abusive purchasing behaviour;
• return fraud;
• deliberate damage;
• misrepresentation; or
• misuse of payment disputes.

Where appropriate, information may be provided to payment providers, fraud-prevention providers, couriers, professional advisers or authorities where lawful.

SECTION 29 – THIRD-PARTY SERVICES

We may use third-party providers including:

• payment processors;
• couriers;
• technology providers;
• finance providers;
• communications platforms; and
• installation partners.

We are not responsible for independent third-party services where the contract for those services is directly between the customer and the third party.

Where a third party acts on our behalf in fulfilling our contractual obligations, this section does not remove responsibilities which the law places upon us.

SECTION 30 – INSTALLATION PARTNERS

Where we specifically sell an installation service or arrange installation as part of the customer’s contract with Bavarian Automotive, separate installation terms may apply.

The legal position may differ from circumstances where the customer independently appoints their own installer.

Any applicable installation terms will be made available where relevant.

SECTION 31 – PRODUCT IMAGES

Product photographs are intended to provide a reasonable representation of the goods.

Minor differences may occur due to:

• product revisions;
• manufacturing updates;
• batches;
• screen displays;
• packaging changes; or
• supplier updates.

Any substitute or revision supplied will still be required to conform to the contract.

SECTION 32 – INTELLECTUAL PROPERTY

The Bavarian Automotive name and associated branding are used by Bavarian Automotive Limited under licence.

Website materials, including:

• text;
• product descriptions;
• photography;
• graphics;
• logos;
• videos;
• installation materials;
• diagrams; and
• website design

may be protected by intellectual-property rights belonging to Bavarian Automotive Limited, its licensors or other rights holders.

You may not reproduce or commercially use protected content without appropriate permission.

SECTION 33 – REVIEWS AND CUSTOMER CONTENT

Customers must not knowingly submit false, fraudulent or misleading content through our website or associated services.

Nothing in these Terms prevents customers from providing genuine reviews, opinions or complaints or exercising lawful rights.

SECTION 34 – BUSINESS CUSTOMERS

Where a customer purchases products wholly or mainly for purposes relating to their trade, business, craft or profession, they may be treated as a business customer rather than a consumer.

Consumer-specific statutory protections may not apply to business-to-business transactions.

Additional trade-account or business terms may apply where provided.

SECTION 35 – REFUSAL OF FUTURE SERVICE

We may refuse future orders or services where there are legitimate reasons for doing so, including:

• fraud;
• abusive behaviour;
• threats;
• repeated payment abuse;
• serious breaches of these Terms; or
• circumstances making it unreasonable or unsafe for us to continue providing service.

Any cancellation of an existing contract will remain subject to applicable contractual and statutory obligations.

SECTION 36 – EVENTS OUTSIDE OUR REASONABLE CONTROL

We will not be responsible for delay or failure caused by events genuinely outside our reasonable control to the extent permitted by law.

Such events may include:

• severe weather;
• transport disruption;
• courier network disruption;
• industrial action;
• power or communications failures;
• natural disasters;
• governmental restrictions; or
• major supply-chain interruption.

We will take reasonable steps to minimise the effect where appropriate.

SECTION 37 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary.

The remainder of these Terms will continue to apply.

SECTION 38 – NO WAIVER

If we do not immediately enforce any provision of these Terms, this does not mean that we waive our right to enforce it later.

SECTION 39 – GOVERNING LAW

These Terms are governed by the applicable laws of England and Wales.

Consumers may also have mandatory rights relating to jurisdiction depending upon where they live.

Nothing in these Terms prevents a consumer from relying upon mandatory legal protections that apply to them.

SECTION 40 – CHANGES TO THESE TERMS

We may update these Terms from time to time.

Changes will apply prospectively from the date the revised Terms are published unless applicable law requires otherwise.

The Terms applicable to an individual order will normally be those in force when the relevant contract was entered into.

SECTION 41 – CONTACT

Questions regarding these Terms should be sent to:

support@bavarian-automotive.co.uk

Bavarian Automotive Limited
Trading as Bavarian Automotive under licence.