bFlash Terms & Conditions
Effective date: 15/04/2025
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1. Introduction and Scope
1.1. These General Terms and Conditions (the “Terms”) govern the relationship between BC
Consulting SARL, a company incorporated under Luxembourg law with registered office at
ZI Rolach Hall n°2, 5280 Sandweiler, Luxembourg, registered with the Luxembourg Trade
and Companies Register under number B169121 (“BC Consulting”), and any professional
client (“Client”) purchasing or using the products and services offered under the bFlash
brand.
1.2. bFlash is the commercial brand of BC Consulting SARL, and shall be referred to as
“bFlash” throughout these Terms for clarity and consistency.
1.3. These Terms apply exclusively to business-to-business (B2B) transactions. The
products and services provided by bFlash are intended strictly for professional vehicle
tuners who possess the required technical knowledge and experience. They are not
suitable for private individuals or consumers (B2C use).
1.4. By accessing or using the bFlash platform, registering an account, placing an order, or
purchasing any bFlash product or service, the Client confirms that they are acting in a
professional capacity and not as a consumer under applicable laws. bFlash reserves the
right to verify the professional status of any Client and to suspend or terminate any
account or transaction that does not meet this condition.
1.5. bFlash reserves the right to amend these Terms at any time. Any such amendments
shall be effective upon publication on the official bFlash website. The version in effect at the
time of an order shall apply to that specific transaction.
1.6. Any deviation from these Terms shall be valid only if expressly agreed upon in writing by
bFlash. Any such deviations shall not affect the validity or applicability of the other provisions
of these Terms.
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2. Definitions
Client: A professional customer (legal or natural person) who purchases or uses
bFlash products or services.Products: Hardware, software and services provided by the company, including, but
not limited to : Tools, Accessories, Unlock services and Shipping labels.Platform: The bFlash website, applications, customer portal, and related systems.
Account: A user profile registered with bFlash by the Client.
3. Professional Use Only
3.1. The Client confirms that they are a professional vehicle tuner, capable of safely and
effectively using bFlash products without further training or third-party assistance.
3.2. bFlash may request verification of professional activity at any time and reserves the right
to reject, suspend, or terminate access to its services or products if such verification fails or
is not provided.
3.3. Clients are solely responsible for ensuring that their use of bFlash products complies
with all applicable laws and regulations in their country of operation.
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4. Account Creation & Ordering
4.1. Clients must create an account to place orders. Account creation requires accurate and
complete professional information.
4.2. Clients agree to keep their account details up to date. Providing incorrect, misleading, or
fraudulent information may result in immediate termination of access.
4.3. All orders are subject to acceptance by bFlash. bFlash reserves the right to refuse or
cancel any order if there is a reasonable suspicion of non-professional use, fraud, or misuse.
4.4. Once confirmed, an order is final and binding. Cancellations or modifications are not
permitted unless expressly authorized by bFlash.
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5. Unlock Services
5.1. bFlash offers ECU unlock services (“Unlocks”) for specific vehicle brands and models,
such as Mercedes-Benz. This is a paid, professional-only service requiring the Client to
follow a detailed process, including physical shipment of the ECU.
5.2. The process, requirements, and terms for unlock services are detailed in a separate
Unlock Policy available at: https://bflash.eu/mercedes-unlock. By ordering an unlock service,
the Client confirms having read and accepted the conditions outlined therein.
5.3. bFlash reserves the right to reject or cancel unlock service requests if the procedure is
not followed correctly or if tampering, inconsistencies, or unprofessional use is suspected.
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6. Prices and Payment
6.1. All prices are in Euro (EUR), exclusive of VAT and shipping unless stated otherwise.
6.2. Prices are subject to change at any time without prior notice.
6.3. Payment must be made through approved methods listed on the platform. Accepted
payment methods include PayPal, credit card, bank transfer, and/or any other payment
provider visible during the checkout process on the bFlash website.
6.4. Orders will be processed only after full payment has been received.
6.5. Invoices are issued electronically and sent to the email address linked to the Client’s
account. Invoices can also be accessed via the Client's company profile under the "Invoices"
section.
6.6. A restocking and payment processing fee of 10% will be deducted from all refunds, if
applicable.
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7. Delivery
7.1. Delivery is "ex works" unless otherwise agreed in writing.
7.2. The Client is responsible for all shipping costs, risks, and customs duties.
7.3. Delivery timelines provided are estimates and not binding.
7.4. bFlash is not liable for delays caused by third-party couriers or customs authorities.
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8. Inspection and Acceptance
8.1. The Client must inspect all delivered products immediately upon receipt.
8.2. Any claim of damage, defect, or non-conformity must be submitted in writing within five
(5) days of delivery. If no claim is made, the products shall be deemed accepted.
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9. Return and Refund Policy
9.1. Given the professional and technical nature of the products, bFlash only accepts
returns or offers refunds on hardware, and only in cases of proven non-conformity or
defect reported in accordance with Section 7. No refunds are possible on subscriptions
and/or bFlash software/IP.
9.2. Unauthorized return shipments will not be accepted and may be returned to sender at
their own cost.
9.3. In the event of an approved return, the Client will receive a credit or replacement at
bFlash's discretion. A 10% restocking and payment processing fee applies.
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10. Warranty
10.1. bFlash warrants that its products shall be free from material defects for one (1) year
from delivery.
10.2. The warranty does not cover misuse, normal wear and tear, unauthorized
modifications, or damage caused by third-party products or services.
10.3. Software is licensed "as is" without any guarantees of performance or suitability.
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11. Intellectual Property & Software Licensing
11.1. All intellectual property rights in bFlash products, software, and materials remain the
exclusive property of bFlash.
11.2. Clients are granted a limited, non-transferable, non-exclusive license to use bFlash
software strictly in accordance with these Terms.
11.3. Clients may not reverse engineer, decompile, copy, distribute, sublicense, or otherwise
tamper with the software.
11.4. Upon termination, all software must be deleted, and no further use is permitted.
11.5. In case of any form of tampering with the device, including but not limited to attempts to
intercept or "sniff" data, bFlash reserves the right to immediately disable the affected device.
Such actions will be considered fraud and may lead to permanent exclusion from bFlash
services.
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12. Limitation of Liability
12.1. bFlash shall only be liable for damages resulting from willful misconduct or gross
negligence.
12.2. In no event shall bFlash be liable for indirect, incidental, or consequential damages,
including but not limited to loss of revenue or vehicle damage.
12.3. Liability is strictly limited to the amount paid for the relevant product.
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13. Force Majeure
13.1. bFlash shall not be held liable for any failure or delay in performance resulting from
causes beyond its reasonable control, including natural disasters, war, strikes, or
government restrictions.
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14. Compliance & Client Obligations
14.1. Clients are responsible for ensuring their customers are aware of and comply with any
road, safety, or homologation regulations.
14.2. bFlash does not guarantee compliance with vehicle regulations and makes no
warranties regarding road use approvals.
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15. Termination
15.1. bFlash reserves the right to suspend or terminate any Client account or license in the
event of breach of these Terms, suspected misuse, or fraud.
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16. Governing Law and Jurisdiction
16.1. These Terms shall be governed by the laws of Luxembourg.
16.2. Any disputes shall be submitted to the exclusive jurisdiction of the courts of
Luxembourg City, Luxembourg.
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17. Contact
For questions regarding these Terms, please contact:
BC Consulting SARL
bFlash Legal Department
ZI Rolach Hall n°2, 5280 Sandweiler, Luxembourg
Email: [email protected]