General Terms and Conditions of Business
GTB
Your contractual partner for orders is ŠKODA AUTO a.s. (referred to as "Skoda" below) with its head office in Mlada Boleslav, address: VAT-1 Department, V. Klementa 869, CZ-29360 Mlada Boleslav. arvato disribution GmbH carries out orders in the name of and to the account of "Skoda".

All correspondence, complaints, etc.in relation to an order can be directed to erWin Hotline, arvato services, Osvobozeni 535, CZ-27303 Stochov, Email: SupporterWin@bertelsmann.de

The text of this GTB can be downloaded to your computer and/or printed out.

§ 1 Scope


"Skoda" grants the authority for the use of the service information in digital form to commercial organisations and private individuals solely in accordance with the terms set out below. This also applies where there are conflicting purchasing specifications on the part of the purchaser. "Skoda" does not recognise such terms and refutes them hereby. Only the Skoda General Conditions and Terms of Business apply (referred to as "GTB" below). Contract languages are Czech, German and English.

§ 2 Subject of the Contract


Subject of the contract is the use of digital service information on Skoda vehicles: workshop manuals, circuit diagrams, detailed maintenance, bodywork repair and vehicle-specific information for Skoda vehicles. The purchaser of the digital service information obtains the right to use this information on his PC (to display it).
The access periods available are:
  • 1 hour
  • 1 day
  • 1 week
  • 1 month
  • 1 year

Price information can be found under products and services > product assistant > display all products. To download the service information to additional PC’s, additional flatrate subscriptions must be made. The service information is continuously updated. Once the period of the contract has elapsed, the digital service information can no longer be displayed. More precise information on the system setup and access requirements, on the conditions for functions and on payments, orders and the displaying of digital service information can be found on the erWin webshop homepage in the section erWin Details, under the headings "erWin Info Tour" and "Step by Step".

§ 3 Contract letting


The contract takes effect, when, in response to the customer's order, arvato distribution GmbH sends an electronic order confirmation to the customer in the name of "Skoda". Access period to the electronic service information starts after conclusion of purchase contract by the customer. Detailed information on the type and method of ordering and on reporting of incorrect entries can be found in the section erWin Details under the headings "erWin Info Tour" and "Step by Step".

§ 4 Contract duration and cancellation


The opportunity to use the digital service information ceases when the access period ends, without the requirement for notice to be given.
Once this access period has ended the digital service information can no longer be displayed.

§ 5 Right of withdrawal of the user


A right of withdrawal from, or return of the digital information is excluded, since the information, due to its nature, is not suitable for return.

§ 6 Reimbursement and payment


Payment for digital information in accordance with the current price information in the erWin webshop becomes due with the confirmation of the order and is to be paid by credit card. Order totals are net (VAT in accordance with the legal provisions). Where the subscription is extended, the amount will be debited each year on the date of the first purchase. Changes to credit card details are to be communicated to us without delay. The subscription is cancelled should the credit check be negative.

§ 7 Warranty and limitation period


Where defects are present the customer has the legal right to claim. Prior to the enforcement of possible claims for compensation, the subscriber must first grant VOLKSWAGEN AG the opportunity to fulfil their obligations within an appropriate period of time. If this repeatedly fails, proves to be impossible, is refused because of disproportionate costs or is otherwise unreasonable then the subscriber is entitled to reduce the payment or to withdraw from the contract, in accordance with the relevant applicable legal provisions, and can claim for compensation and reimbursement of expenses. The statutory limitation periods are valid.

§ 8 Liability


(1) The following provisions on the liability of "Skoda" apply to all claims for damages and cases of liability, regardless of the grounds on which they are based, except for:
  • claims by the purchaser for damages arising from fatalities, injury or health impairment,
  • rights and claims by the purchaser as a result of dishonestly withholding information on a defect by "Skoda" or as a result of lack of a property or characteristic for which "Skoda" has undertaken a guarantee, claims and rights of the purchaser, which are based on wilful or gross negligence on the part of "Skoda" itself, its legal representatives or vicarious agents, and on claims of the purchaser based on the product liability law. Legal provisions apply to the above exceptions.

(2) Where mild negligence is the cause of damage, "Skoda" is only liable in the case of breach of major obligations (cardinal obligations) and then is limited to compensate for the typical damage as could be foreseen by "Skoda" at the time of conclusion of the contract. Otherwise, where negligence is the cause of damage, any liability of Skoda is excluded.

(3) Where "Skoda" is liable under the above provisions in paragraph (2) the liability is restricted to € 20,000 in each instance of damage. Should a higher level of damage appear likely the purchaser is to bring this to the attention of "Skoda" in good time so that the partners to the agreement can change this limitation and "Skoda" can at its own discretion insure against such damages.

The independent fault liability of "Skoda" in the area of tenancy-related and similar conditions of use for faults which already existed at the time of conclusion of the contract, is expressly excluded.

Statutory time limitations apply.

§ 9 Usage rights


The purchaser of digital service information is entitled to make use of (display) all the information throughout the selected period on his PC. The purchaser of mail-order articles is entitled to install the particular program on his computer for his own purposes. Under the rights granted to him, the purchaser is forbidden to make copies, or have copies made of the digital service information and mail-order items, or the files or parts thereof, or to allow access by third parties via communications networks.

§ 10 Other provisions


This contract, and any questions not explicitly dealt with under this contract, are subject to the state law of the Czech Republic, law No. 513/1991 Sb., current edition of the commercial law code. The contractual partners have agreed that the appropriate court of law for the settlement of any emerging disputes is the place of business of Škoda Auto.

Should any provision pertaining to this agreement be, or become ineffective, or if the agreement contains a loophole, the legal effectiveness of the remaining terms and conditions remain unaffected thereby. In such a case, instead of the invalid provisions a valid provision will be taken as agreed which most closely approaches the commercial provision desired by the parties; the same applies to circumstances involving a loophole.

§ 11 Limitations


As a result of maintenance and further development of the erWin webshop, usage availability and/or access to the services may be temporarily limited or suspended (up to 1 hour in every 24 hours).

§ 12 Changes to the GTB and services


"Skoda" reserves the right to change these GTB where such changes reasonably take account of the interests of "Skoda" and the customer. This is particularly the case, when the changes have no commercial disadvantage for the customer, e.g. changes to the registration process, changes to points of contact, changes or augmentation of the service information offer, or similar, as well as modification of the GTB to take account of changes in the law, changed or new services, functionalities or content. In addition, "Skoda" reserves the right to alter these GTB at any time. "Skoda" will inform the customer by e-mail or in writing of any such change. If, having received notification of the change by e-mail or in writing, the customer raises no objection within a period of six weeks, the change in question becomes a constituent part of the contract existing between the contractual partners. Provided that the customer raises an objection within the permitted period, both parties to the contract have the right to give notice of termination to this agreement with immediate effect.

"Skoda" reserves the right to update, change or are adjust the functions of individual services. "Skoda" also reserves the right to revise completely individual services, provided that this is legally admissible.

Dated 01/04/2008

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The above general conditions and terms for business (GTB) form the basis for your orders of digital service information.

Please read through the GTB carefully.