Terms & policies

Privacy policy

WHO WE ARE?

Eftermontering Karlstad AB (company code: 5569861882, address: Skårevägen 63, 65350, Karlstad) is a controller of the personal data you provide to us.

WHAT DOES THIS DOCUMENT MEAN?

Eftermontering AB (”re-STREAM”, “us”, “we”, or “our”) operates re-STREAM.se. Here we describe how we collect, use and handle your information when you use our Website and App (“Services”). By using the Services, you agree to the collection and use of information in accordance with this Privacy Policy. If you disagree with Privacy Policy, we will not be able to provide you with Services.

WHAT PRINCIPLES WE FOLLOW?

We process your personally identifiable information (“Personal Data”) in accordance with these data processing principles:

  • we process Personal Data in lawfully, fairly and transparent manner in relation to the data subject;
  • the Personal Data are collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
  • only adequate and relevant Personal Data are processed limited to what is necessary in relation to the purposes for which they are processed;
  • we process only accurate and, where necessary, kept up to date Personal Data;
  • Personal Data we process are kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;
  • Personal Data are processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures;

WHAT INFORMATION WE COLLECT?

We collect and use the following information to provide, improve and protect our Services:

  1. Personal Data: 
    When you use our Services we collect certain Personal Data:

When you use our Website:

  • You can create Your Account. In such case we collect: your first name and last name, email address and phone number. This information is needed only if you want to create the account and facilitate the purchase of our products.
  • In order to purchase our products, you do not need to create Your Account. However, we still need to collect the following information to be able to sell you our products: your first name and last name, email, phone number, shipping address and payment information.

When you use our apps:

  • In order to be able to use certain products with our apps, you have to:
  • Set up your App account by providing your email address and username; or
  • Sign in through “Facebook” or Twitter”.

Through this option, you may choose to have personal information and other content about you available from such social networks, transmitted and shared through the Services.

When you connect to the social network account through the Services, we only collect such information which you allowed the social network(s) to share with third parties (such as your name, email address, list of friends, profile picture, other information available via the applicable social network). You understand and agree that the Services may access, make available and store (if applicable and as permitted by the third party social network) such information so that it is available on and through your App account, until your account is deleted.

  • The user provides information on vehicle model, brand, and identification number (VIN) for the purpose of being able to use products with apps.
  • By posting your sale ads in the Market section of the App user may provide to us Personal Data such as phone number, address and etc. The Personal Data may also be provided by user participating in public discussions on the Market section of App. The Market section user has free choice what Personal Data he/she provides keeping in mind that all users can see published ads.
  • When you subscribe to our Newsletter: we collect your email address for direct marketing purposes.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (”Usage Data”).

This Usage Data may include information such as IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices.

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. We may also receive information about your location.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. See our Cookie Usage Policy for more information.

WHY SUCH INFORMATION IS COLLECTED?

We use Personal Data for various purposes stated in this Privacy Policy, i.e.:

  • To provide and maintain the Services;
  • To notify you about changes to our Services;
  • To allow you to participate in interactive features of our Services when you choose to do so;
  • To provide customer care and support;
  • To provide analysis or valuable information so that we can improve the Services;
  • To monitor the usage of the Services;
  • To detect, prevent and address technical issues;

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions;
  • Process orders and to send information and updates pertaining to orders;
  • We may also send you additional information related to your product and/or service;

IS THIS PROCESS LAWFUL?

  • Processing of Personal Data is necessary for the performance of a contract to which the data subject is party, i.e. to purchase our products, install and use the App. The provision of such personal data is a contractual requirement and the data subject is obliged to provide the personal data, otherwise the data subject will not be able to purchase our products and/or use the App.
  • Processing of Personal Data is also necessary when the data subject has given consent to the processing of his or her personal data for direct marketing purposes. The data subject is not obliged to provide such personal data. However, if such data is provided, the data subject has the right to withdraw consent at any time.

IS THE PERSONAL DATA TRANSFERRED?

We may share information as discussed below, but we won’t sell it to advertisers or other third parties:

  1. Post and Courier servicesIn order to be able to send you our products, which you purchased in our Website, we have to provide the delivery companies your personal information, such as: your name and surname, shipping address and telephone number.We provide shipping via Swedish post (Postnord).
  2. Users of Market section of AppWhen you use the App in order to post your sale ads (by using Market section service), Personal Data you share along with posted sale ads provided to all users of Market section. Shared Personal Data is visible to users in order they can connect to you in relation to posted ads.
  3. Others working for usWe use certain trusted third parties (for example, providers of customer support and IT services) to help us provide, improve, protect, and promote our Services. These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy, and we’ll remain responsible for their handling of your information per our instructions.
  4. Law & OrderWe may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of us or our users; or (d) protect our property rights.
  • Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
  • If you are located outside Sweden and choose to provide information to us, please note that we transfer the data, including Personal Data, to Sweden and process it there.
  • Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
  • The App will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

HOW LONG PERSONAL DATA IS KEPT?

When you purchase our products, we will keep your Personal Data for no longer than 10 years after which time it will be destroyed. Your information we use for marketing purposes will be kept with us until you or your lawful representative notify us that you no longer wish to receive this information.

The Personal Data provided by users in Market section of App will be accessible as long as your posted ad is valid. If the ad is inactive for three months it will be deleted from the Market section automatically. The Personal Data provided by users in public discussions is kept and archived without any time limit unless there is legal basis for deletion of content of discussions.

If you delete your accounts from our Services, we’ll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

Attention!

By deleting your account, you lose your vehicles history, PRO version activation and all credits. PRO version code that you have will not work anymore with another account.

HOW WE PROTECT CHILDREN PRIVACY?

Our Service does not address anyone under the age of 13 (”Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

WHAT RIGHTS DO YOU HAVE?

We respect your legal rights to Personal Data.

Your rights under law and measures we take to implement them are:The right to be informedBefore using Website and App we provide you with information on processing of your Personal Data and guarantee the access to our Privacy Policy. We strive to be transparent about how we use your data.The right to accessYou have the right to access your information. You can receive the information about purposes of processing; Personal Data we keep; providers and receivers of your Personal Data; retention period and your rights if requested.The right to rectificationIf the Personal Data we hold about you is inaccurate or not complete, you have the right to ask us to rectify it. If that Personal Data has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the data.The right to erasureIf we do not have a legal basis to continue processing your Personal Data, you can ask to exercise your “right to be forgotten”.The right to restrict processingYou have the right to ask for restriction on how we process your Personal Data This means we are permitted to store the Personal Data but not further process it.The right to data portabilityWe must consider your right to reuse gathered Personal Data for your own purposes across services in a safe and secure way without this affecting the usability of your data.The right to objectIf the processing of Personal Data is based on your consent, legal obligation or legitimate interest you have the right to object such processing.The right to withdraw consentIf the processing of Personal Data is based on your consent you can reject your consent at any time.The right to complain to a Supervisory AuthorityIf you think your rights is being violated you can complain to Supervisory Authority of Sweden.

We will do our best to help you exercise your rights, All the requests regarding the your rights on Personal Data can be sent to us by email support@re-stream.se along with document proving the identity of data subject.

HOW THE CHANGES OF PRIVACY POLICY MAY BE DONE?

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the ”effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If we are involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We will notify you (for example, via email) of any such deal and outline your choices in that event.

Terms & conditions

GENERAL PROVISIONS

  1. 1. The present terms of use of re-STREAM services & products (the “Terms of Use”) will apply when using the website re-stream.se (the “site”), mobile applications and softwares (the “application”). The site and application are collectively referred to as the “Services” in this document.
  2. The administrator of the products & services is ”Eftermontering Karlstad AB” (”re-STREAM”), legal entity code 5569861882, registered address at Skårevägen 63, 65350, Karlstad, Sweden, e-mail info@eftermontering.se.
  3. By agreeing with these Terms of Use you confirm that when using the Services you will provide Eftermontering AB with your correct, accurate and full personal data. Eftermontering AB does not assume responsibility and cannot be held liable for any damages arising out of provision of incorrect personal data necessary to ensure provision of Services. We process your personal data in compliance with our privacy policy.
  4. If any provision of these Terms of Use becomes invalid in part or in full, it will not render ineffective the remaining provisions of the Terms of Use.

USING THE SERVICES

  1. The Services of Eftermontering AB can be used both by registered and nonregistered users, but to be able to benefit from all the functions and content of the Site and Application, you need to create your Service user account and, if you wish, to acquire the hardware and software of Eftermontering AB. By using the Services (despite the fact that you are a registered user), you commit to complying with these Terms of Use.
  2. You may register at the Site and Application and use the information contained on them, if such right of yours is not restricted by the provisions of applicable legislation (including, but not limited to requirements for the user’s age and legal capacity). By agreeing with these Terms of Use you confirm that you have the right to make an autonomous decision concerning the use of Services, or that you use the Services with the consent of your legal representative. In the event Eftermontering AB becomes aware that you are using the Services without having such right or in violation of provisions of these Terms of Use, we have the right to cancel your account, including all data of the user, or otherwise restrict your ability to use the Services.
  3. By registering at the Site and Application you confirm that you will use the created account personally and will not disclose your password and/or the data required for logging to any third parties. All actions taken after connecting to the Services in your name (as the user of Services) are considered taken by you personally, and you will bear all the responsibility for their consequences.
  4.   Eftermontering AB strives for it, but does not ensure or guarantee that the Services are provided without interruptions, or that the information contained on the Site and/or Application is archived. At the discretion of Eftermontering AB, the Site, the Application and the information as well as the prices and functions contained on them may be changed or removed at any time without a separate prior notice.
  5.    You may use the information contained on the Site and/or Application for your personal needs, but you must not plagiarise it or use it otherwise for profit or remuneration.
  6. Eftermontering AB enables the Service users to post their ads about offered or searched goods or services (Ads) on the Site and/or Application, to read or search for Ads, to write comments or direct messages to other Service users in relation to the Ads. The Service users may also set up and take part in public discussions (forums) with other Service users on the Site and/or Application.
  7. By posting Ads, comments, forum subjects or any other content created by you on the Site and/or Application, you assume all and any liability for such actions, and ensure that the nature of posted content is not illegal or legally restricted, incorrect, misleading, defamatory, threatening, discriminating, fraudulent, pornographic, inciting national, ethnic, racial or religious hatred, or otherwise infringing rights of individuals.
  8. Eftermontering AB is not responsible for any content created or posted by Service users on the Site and/or Application (including, but not limited to the Ads, comments, personal messages, subjects of discussions (forums), files, links, etc. uploaded by users). Eftermontering AB has the right (but is not obligated to do so) to check, at its own discretion, the content received from the Service user and transmitted further in order to identify any unwelcome content or any content infringing these Terms of Use in the context of using the Services, and to remove such content at its own discretion without a separate notice as well as cancel such user’s access to the Services.
  9. Eftermontering AB is not involved in any purchase and sale, exchange or any other transactions offered by you or other users of Services. The content created by you or other users of Services (Ads, opinions, offers, etc.) does not constitute an offer of Eftermontering AB to enter into a transaction, does not create any obligations nor otherwise bound Eftermontering AB which is not and may not be considered as an intermediary between you or other users of Services, your authorised person, surety, or otherwise associated with the content created by any user of Services.
  10. By creating content on the Site and/or Application, you commit to complying with the requirements for such actions, i.e. to post Ads / discussions / comments in the correctly selected category, to immediately remove your Ad that is no longer relevant, misleading or otherwise incompatible with these Terms of Use, to refrain from spreading any knowingly false or misleading information, advertising, offering goods and/or services trading in which is inconsistent with the legislation or good morals and ethical standards, to refrain from offering or using Services for any illegal conduct or transactions.

SOFTWARE AND HARDWARE

  1. By using the Services of Eftermontering AB, you may acquire certain hardware (device, adapter, etc.) and software (mobile applications, coding, etc.) enabling you to run a system diagnostics, carry out programming (coding), and monitoring of the selected vehicle, and to use other related functions. The hardware sold by Eftermontering AB operates only with unmodified and original softwares.
  2. The list of vehicle models compatible with the hardware and software of Eftermontering AB (the List) is published on the Site and Application. Eftermontering AB ensures that the offered software and hardware are fit to be used and compatible with the vehicle models specified in the List, but Eftermontering AB does not assume any liability nor provide compensations in any form if you have acquired this equipment disregarding the fact that it is not fit for use with the vehicle models that are not on the List.
  3. The Application operates with all mobile devices which have Android 4.1 or later software version and use remote databases, accordingly the use of Services requires a good internet connection. To be able to enjoy good quality of Services, you have to meet the conditions necessary for appropriate functioning of the Services as described in these Terms of Use.
  4. Eftermontering AB would like to point out that by using the internet connection necessary for functioning of the Services you may incur certain expenses to pay for the services of the internet service provider. Eftermontering AB is not responsible for such costs, and is not obligated to refund them for you.
  5. The price for hardware and software of Eftermontering AB, the settlement and delivery procedure, the terms of return of goods, and other relevant information is described in the sections for ordering certain equipment on the Site and Application, also in Terms and Warranty conditions.
  6. If you have acquired hardware of poor quality, you may return it to Eftermontering AB and request it to be replaced by a similar product of adequate quality, or to recover the money paid (credits used) for the product of inadequate quality. The software of Eftermontering AB cannot be returned or replaced whether you have used it or not.

LIABILITY

  1. By using the Services, you confirm your awareness and understanding that you may affect electronic and technical systems of a vehicle by using the functions of Application. All the responsibility and risk of any effects on functioning of a vehicle resulting from the use of hardware and software of Eftermontering AB, including, but not limited to the effects on functioning of safety systems, rest exclusively with you.
  2. You must use the hardware and software of Eftermontering AB in a responsible manner, having critically assessed your knowledge about programing (coding) of a vehicle. The use of functions of the Application may disarray the default (factory) settings of the vehicle, and disrupt work of the key systems, including braking, safety and others as a result of which the vehicle may become unfit or unsafe to be operated. The use of functions of the Application may void the warranty applicable to the vehicle, its separate parts and systems, and accordingly you should contact vehicle manufacturer’s representatives for validity of warranty terms. We do not advise using functions of the Application if you do not have special knowledge of programing (coding) of a vehicle.
  3. The use of the products functions may inflict damage on your or third party property, health or life. Do not use the product or software, if you do not understand, anticipate and/or wish to experience the effects that may be caused by the use of certain functions, including, but not limited to those listed below:
  • Adaptations, long coding, basic settings;
  • Control unit software flashing;
  • Subsystem coding/modification;
  • Change diagnostic coding (bytes/bins).
  1. EFTERMONTERING AB DOES NOT BEAR ABY DIRECT OR INDIRECT LIABILITY FOR PECUNIARY OR NON-PECUNIARY DAMAGE CAUSED OR THAT MAY BE CAUSED TO YOUR OR THIRD PARTY PROPERTY, HEALTH OR LIFE AS A RESULT OF USE OF THE HARDWARE OR SOFTWARE OF EFTERMONTERING AB.
  2. EFTERMONTERING AB DOES NOT BEAR ABY DIRECT OR INDIRECT LIABILITY FOR THE WARRANTY APPLICABLE TO THE VEHICLE, ITS SEPARATE SYSTEMS OR PARTS, OR FOR INVALIDITY OF SUCH WARRANTY AS A RESULT OF USE OF THE HARDWARE OR SOFTWARE OF EFTERMONTERING AB.
  3. In any case the liability of Eftermontering AB arising out of or related to the Services or these Terms of Use is restricted to the maximum amount you have paid for the use of Eftermontering AB Services.
  4. For your own safety, Eftermontering AB warns you against using the Services while driving. Eftermontering AB is not responsible and will not indemnify for any damages sustained due to failure to observe this provision.
  5. All the provisions of these Terms of Use irrespective of their language are binding upon you if you use the Services of Eftermontering AB.
  6. When you access the Services as a user, these Terms of Use do not restrict or forfeit your rights guaranteed by provisions of applicable legislation.

Warranty & returns

We understand that you may wish to return a product which you have purchased from us or a retailer. To assist you in the returns process, we have set out our warranty & returns policy.

1. Returns Process

Please follow the below steps to ensure a smooth experience with your product return.

1.1. Email customer service at your retailer with the full description of the issue/s that you’re experiencing and allow us the opportunity to resolve your issue/s through our support process.

1.2. If your issue/s can’t be resolved, use the form found here to contact us, in your email include requesting a product replacement and provide your order number, name, contact number, quantity and the reason for replacement.

1.3. If you are sending a product back to your retailer/us, we recommend sending it back by registered post with a tracking number. Products returned are sent at your own cost and risk. All products being returned should match the conditions outlined in the policy and please include all supplied packaging with the product/s being returned.

1.4. Once retailer receives the product and verifies the issue/s you described, retailer will:
(a) If retailer deems the product to be faulty, the product will be replaced or your purchase refunded. Shipping charges for the replacement product sent to you will be covered by retailer.
(b) If retailer deems the product not to be faulty, we will attempt to resolve the issue/s and the product will be returned to you and shipping charges for the replacement sent to you will be covered by you.

1.5. If a refund is to be paid back to you and you purchased your product directly from the website, it will be processed as a refund on the credit card or account which was used to purchase. If you purchased the Product from a retailer, your refund will need to be processed by them. The refund amount will be based on the advertised price that you paid for the faulty Product at the time of purchase, not including transaction fees, exchange fees or any other costs.

1.6. If you fail to obtain written authorisation from retailer to return a product prior to sending it back, retailer may not process your request. The product will be returned to you and the freight and handling charges (to you) will be covered by you.

1.7. Please note that returns will only be accepted if the request meets all necessary criteria as requested and disclosed to retailers customer service and complies with our Returns Policy.
Please refer to the Terms of Use on this Website for the meaning of capitalised words and expressions not otherwise defined in this document.

2. 30 Day Money Back Guarantee

1.1. If you’re not satisfied with your product within 30 days of receiving the product, we are able to provide you with a refund of the products value once it has been received and inspected by us. This may be subject to Return Fees in some cases, as described in the below return fees section.

1.2. You must contact the retailer to request a refund within 30 days of your purchase including your order number, reason for return and car model/VIN.

1.3. We do ask that you cover the shipping cost to our closest return centre for inspection. If determined the product to be faulty and you request a replacement, the shipping and handling charges for the replacement product sent to you will be covered by retailer.

1.4. Returned products must first be inspected to determine whether the unit is in saleable condition prior to any refunds being processed. The determination of the return fees is entirely at our discretion. Any applicable return Fees will be subtracted from the refund amount.

3. Return Fees

To cover the cost of providing returns and replacements and due to the nature of the product, we may charge you a fee in certain circumstances:

CategoryFeeDescription
Saleable or faultyNo feeProduct and all components are in good condition and fit to be resold or we determine the unit to be faulty.
Not saleableNo refund. 50% discount on a new product.Product and all components are provided with some wear and tear, not fit to be resold.

4. Warranty

For consumers who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by this warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations. Some countries, states and provinces do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on how long an implied warranty or condition may last, so the limitations or exclusions described below may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by country, state or province.

This warranty is provided by Eftermontering I Karlstad AB or authorized resellers (“retailer”) to purchasers of re-STREAM hardware (“you”) . Hardware devices provided by retailer (“hardware”) are warranted to be free from defects in materials or workmanship under normal use (a) for new hardware, one (1) year from the date of purchase by the original end user purchaser, and (b) for refurbished hardware, ninety (90) days after the date the refurbished hardware is shipped by retailer to you or the remainder of the new hardware warranty period, whichever is longer (as applicable, the “warranty period”). Within the Warranty Period, retailer will, at its sole option, and as retailers sole liability and your exclusive remedy, (a) repair the hardware with new or refurbished parts, (b) replace the hardware with reasonably available equivalent new or refurbished hardware, or (c) refund the actual purchase price of the hardware less any rebates and discounts. Such repairs or replacement will be made at no charge to you for parts or labor, provided that you shall be responsible for the shipping and handling costs for your returns as described below. All hardware and parts that are replaced become the property of retailer.

This warranty extends only to hardware purchased from re-STREAM or a authorized retailer. This warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless hardware damage has occurred due to a defect in materials or workmanship of the hardware; (iii) damage caused by abnormal physical or electrical stress, negligence, accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service or repair performed by anyone who is not an authorized service provider of re-STREAM; (v) damage to hardware that has been modified or altered without the written permission of retailer; (vi) hardware that has not been installed, operated, or maintained in accordance with instructions supplied by retailer and the Terms of use, or (vii) hardware that was supplied or licensed for beta, evaluation, testing or demonstration purposes for which retailer does not charge a purchase price or license fee. In addition, retailer reserves the right to refuse warranty claims for hardware that is obtained and/or used in contravention of the laws of any country.

To the maximum extent permitted by applicable law, all software and services provided by retailer with the hardware, whether factory loaded on the hardware or otherwise downloadable, is provided “as is” without warranty of any kind. Without limiting the foregoing, retailer does not warrant that the operation of the Hardware, Software or Service (as those terms are defined in the Terms of use will be uninterrupted or error free, or that use of the Hardware, Software or Services will result in any gas savings or efficiencies. Also, retailer does not warrant that the Hardware, Software or Service, or any equipment, system or network on which the Hardware, Software or Service are used will be free of vulnerability to intrusion or attack.

This warranty does not guarantee any continued availability of any third party’s service on which the Hardware’s use or operation may depend.

To the extent not prohibited by applicable law, all implied warranties and conditions of merchant ability, satisfactory quality or fitness for a particular purpose are limited to the duration of the warranty period. All other express or implied conditions, representations and warranties, including but not limited to any implied warranties of title or non-infringement, are disclaimed.

To the extent not prohibited by applicable law, in no event will retailer be liable for any lost or damaged data (including, without limitation, any data erased by retailer in connection with the repair or replacement of hardware), lost revenue or profit, loss of the ability to use any third party products, software or services, damage to the vehicle to which you connect the hardware, or for special, indirect, consequential, incidental or punitive damages, regardless of the theory of liability (including negligence), arising out of or related to the use of or inability to use the hardware, software or any services provided in respect of such hardware, software or service, even if retailer has been advised of the possibility of such damages. Retailer does not guarantee that vehicle error detection will be accurate or error-free and you should always obtain professional assistance from a vehicle specialist for regular service, as well as for diagnosis of any problems with your vehicle, and to make timely and appropriate repairs. To the extent not prohibited by applicable law, in no event will retailers liability exceed the amount paid by you for the hardware. if you live in the European union, references in this section to “special, indirect, consequential or incidental losses” shall mean any losses which (I) were not reasonably foreseeable by both parties, and/or (II) were known to you but not to retailer and/or (III) were reasonably foreseeable by both parties but could have been prevented by you, including without limitation losses caused by viruses, trojans or other malicious programs, or loss of or damage to your data. The foregoing limitations will apply even if any warranty or remedy provided under this warranty fails of its essential purpose.

Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

No retailer employee, agent or reseller is authorized to make any verbal or written modification, extension or addition to this warranty, and retailer expressly disclaims any such change to this warranty. If any portion of this warranty is found to be void or unenforceable, its remaining provisions shall remain in full force and effect.

HOW TO CLAIM WARRANTY

To obtain warranty service, contact your retailer and you will be provided instructions on submitting your claim. You will be responsible for securely packaging the Hardware and including the requested information, such as account verification information. You are also responsible for all shipping and handling charges, in addition to any applicable customs duties, VAT or other associated taxes or charges when returning the Hardware. Hardware for which retailer cannot reproduce the claimed defect or for which your purchase cannot be verified will be rejected.

Defective hardware covered by this warranty will be repaired or replaced and returned to you without charge or if elected by retailer, the purchase price will be refunded to you. Retailer does not ship replacement hardware to locations outside the country in which the original hardware was purchased. Repairs or replacements not covered by this warranty will be subject to charge at retailers then-current rates.