Legal

Refund & ECU Modification Disclaimer

Version v1.0 · Last updated: 2026-05-10

All sales final

SamuelTuned does not issue refunds for delivered or in-progress tune files. Tune files are bespoke digital content calibrated for your specific VIN — once calibration begins, the order is non-cancellable. By submitting the configurator with the disclaimer acknowledged, you expressly consent to start delivery and forfeit the UK Consumer Contracts Regulations 2013 reg. 37(1)(a) right of withdrawal. Read sections below for the full policy and your statutory rights.

1. Refund policy

All tune purchases are final. We do not refund delivered files. We do not refund files that are in progress. The remedy for any issue with a delivered file is rework — see paragraph below — not refund.

  • Cancellation window — before calibration starts: if you change your mind, contact us within 24 hours of payment AND before we start work. If both conditions are met, we will cancel the order and refund. Once we have started calibration the order is locked.
  • Once calibration has begun — no cancellation, no refund: tune files are bespoke digital content created specifically for your VIN. By acknowledging the disclaimer at checkout, you give your express consent to start delivery and acknowledge that the right of withdrawal under UK Consumer Contracts Regulations 2013 reg. 37(1)(a) is forfeited. The order is final.
  • Rework as the remedy for defects: if the delivered file does not match the build you described, we rework it, free of charge, until it does. Rework — not refund — is the sole remedy. We do not issue refunds for files that can be made fit-for-purpose through revision.
  • Hardware-caused issues: we are not responsible for issues caused by faulty hardware (turbo, downpipe, fuel system, intercooler, etc.), incorrect installation, third-party flashing tools, or fuel quality. Diagnostic support is included. New files for revised hardware (added/changed parts) are a paid revision, not a free rework.
  • Chargebacks: chargebacks against delivered files will be defended with evidence including order metadata, delivery confirmation, your acknowledgement of this disclaimer, and the file delivered. We track our dispute rate (target below 0.65%) and reserve the right to refuse future business to customers who chargeback in bad faith.

Statutory consumer rights are preserved. Where applicable consumer protection law (UK Consumer Rights Act 2015 and any non-excludable rights under the law of your country of residence) grants you a remedy that cannot lawfully be excluded — including for digital content that does not meet quality, fitness or description standards — that remedy is preserved and unaffected by this policy. In all other cases the no-refund rule applies.

2. ECU modification — what you are agreeing to

A tune is a software calibration that re-maps how your engine behaves: boost pressure, ignition timing, fuelling, throttle response, transmission shift logic, and other parameters. The change is significant, intentional, and durable in the vehicle's ECU memory until reflashed.

This is not equivalent to fitting an aftermarket exhaust or wheels. It changes how the engine produces power. The implications below are real, not legal theatre.

3. Manufacturer warranty

ECU modification is likely to void your manufacturer warranty for any powertrain-related claim and may void the entire warranty depending on the manufacturer and the specific defect. BMW (and most OEMs) can detect a tune via their dealer flashing tools, including detection of previous flashes that have been returned to stock.

If your vehicle is under warranty and you wish to preserve it, do not place an order. We will not undertake any responsibility for warranty claims that are denied because of the tune.

4. Vehicle insurance

ECU modification is a material change to the vehicle and you are required to disclose it to your insurer. Failure to declare a tune can void your policy and cause an insurer to refuse a claim — including third-party claims. This applies in the UK and most other jurisdictions.

Some insurers will not cover modified vehicles at all. Get written confirmation from your insurer before flashing. We do not take responsibility for declined claims or policy cancellations.

5. Road legality and emissions

Tunes can affect emissions output. In several jurisdictions this means the tune is only legal off-road / on private property / on a closed circuit:

  • California, USA: California Vehicle Code §27156 prohibits the sale or installation of any device, apparatus or modification that alters or modifies the original design or performance of any required emission-control device. Emissions-affecting tunes therefore cannot be supplied for vehicles registered in California. We geo-restrict accordingly. Vehicles registered in other CARB-aligned states may be similarly restricted.
  • UK MOT and Construction & Use Regs: tunes that retain emissions compliance and pass MOT requirements can be road-legal in the UK depending on the specific build. Tunes that disable DTCs related to emissions controls (DPF, catalysts, EGR, AdBlue) generally are not road-legal.
  • EU member states: requirements vary by country (TÜV approval in Germany, individual vehicle approval in the Netherlands, etc.). It is your responsibility to confirm road-legality in your country.
  • UAE / GCC: rules vary by emirate / country. RTA and similar authorities can refuse registration for non-compliant modifications.

You are solely responsible for confirming that the configuration you order is legal in the jurisdiction where you intend to drive. SamuelTuned does not provide legal advice and accepts no liability for fines, prosecutions, registration revocation, or loss of insurance arising from your use of the tune.

6. Mechanical risk

Tuning increases stress on engine and drivetrain components. Stage 1 tunes are generally low-risk on healthy stock hardware. Higher stages, ethanol blends, and Big Turbo packages place significantly greater demands on:

  • Turbo, intercooler, exhaust components.
  • Fuel system (pumps, injectors, lines, tank pressure).
  • Pistons, rods, head gasket, valvetrain.
  • Clutch, gearbox, driveshafts.
  • Cooling — radiator, intercooler, oil cooler.

Pre-existing hardware faults, neglected maintenance, or marginal components can fail under tuned loads in ways they would not under stock loads. We assume your vehicle is in good mechanical health when calibrating. Pre-tune diagnostic logs are strongly recommended.

7. Fuel quality

Calibration is matched to the fuel grade you specify. Running a lower-octane fuel than ordered, fuel contamination, or significant batch-to-batch variance can cause detonation, knock retard, or engine damage. The flash-day briefing covers this. You are responsible for using the specified fuel.

8. Owner responsibility

By ordering you confirm:

  • You are the legal owner of the vehicle, or are authorised by the owner.
  • The vehicle is mechanically sound to the best of your knowledge.
  • You have a valid platform licence (Bootmod3, MHD, MG Flasher) on the VIN.
  • You have read sections 3–7 above and accept the warranty, insurance, legal and mechanical implications.
  • Your use of the tune in your jurisdiction is your responsibility and your risk.

9. Liability summary

See section 9 of the Terms of Service for full liability terms. In short: our liability per order is capped at the order value, we do not accept liability for indirect or consequential losses (including vehicle damage from hardware fault, fuel quality, or driver behaviour, fines, insurance consequences, or third-party claims) and statutory consumer rights are preserved as required by law.

10. Questions before you order

If anything in this page is unclear or you are not sure whether to proceed, please don't order — message Samuel first via /contact. The right call is the informed call.