General Terms and Conditions for erWin Online (hereinafter referred to as erWin)
-General Terms and Conditions-
Issue: 01.05.2024
Reinhard-Mohn-Str. 22
33333 Gütersloh
Germany
, with the tax identification number DE 319 051 807, entered in the commercial register of the district court of Gütersloh HRB 11370; and the user of erWin (hereinafter referred to as "Customer” or "user").
1.2 The provider allows the use of the repair and maintenance information by entrepreneurs, within the meaning of section 1 of the Spanish Commercial Code and section 4 of Royal Legislative Decree 1/2007, of 16 November, adopting the new version of the Consolidated text of the General Law for the Defence of the Rights of Consumers and Users and other complementary laws ("TRLGDCU"), and by consumers, within the meaning of section 3 of the TRLGDCU, exclusively under the following conditions.
Entrepreneurs within the meaning of these terms and conditions are natural or legal persons under private or public law who act directly or indirectly in their own name or on their own account for a purpose that is related to their business, commercial, craft or professional activity. The entrepreneur is obliged to present the relevant documents proving his entrepreneurial status upon request (e.g. extract from the commercial register, professional licence, etc.).
Consumers are considered to be natural persons acting for purposes that cannot be attributed to their business, commercial, craft or professional activities, as well as legal persons and corporations without legal personality acting for non-profit purposes outside the scope of their business or commercial activities.
1.3 For the purposes of these General Terms and Conditions, both entrepreneurs and consumers are customers.
1.4 Detailed information about making bookings and correcting incorrect entries can be found in the ABOUT ERWIN section, in "erWin Info Tour" and "Step by Step".
The service information is updated regularly. If you have any questions, objections or if you would like to comment on a booking in the erWin web shop, please contact:
Email: erwin.support@seat.es
1.5 The language of the contract is Spanish. For customers outside the Spanish-speaking area, the language selected for the online shop interface applies.
1.6 These General Terms and Conditions exclusively regulate the acquisition and downloading of repair and maintenance information via erWin. If the user wishes to disclose and/or pass on repair and maintenance information, documents, instructions, software and content with the aim of processing, exploiting or publishing them (e.g. publisher or "republisher" of technical information) as part of his own business activities, he must first obtain SEAT's explicit approval (conclusion of a licence agreement). The user should contact the following email address: erwin.support@seat.es
2.2 In addition, no devices may be used or applications run that could cause damage or operational disruptions to the provider's systems, in particular through changes to the physical or logical structure of the provider's servers and network or other networks.
2.3 The user is prohibited from using software, scripts and mechanisms in connection with the use of the erWin website, as well as the direct or indirect distribution or advertising of such.
3.2 The user must have a user account in order to use the erWin web shop. To register, the user must enter his/her data in the form provided under "My erWin" in the "Registration" section. By clicking the "Register" button during the registration process, the user declares his or her willingness to use the services in accordance with these General Terms and Conditions.
3.3 The contract on the use of the erWin web shop between the user and the provider is concluded by the user's request to use the services of the erWin web shop (registration application) and acceptance (in text form) of this request by the provider.
3.4 By registering and/or pressing the "Register" button as part of the registration process, the user undertakes to use the online services in accordance with these General Terms and Conditions.
3.5 The provider will immediately notify the user of receipt of the registration application by sending an email with a link to the erWin web shop. This automated acknowledgement of receipt does not constitute a binding acceptance of the registration application, but it may be linked to the declaration of acceptance.
3.6 The declaration of binding acceptance of the application request on the part of the provider can be made in the following ways:
The user receives a notification of acceptance or rejection of the submitted registration application to the email address used for registration.
The provider reserves the right to reject the registration application in justified cases.
3.7 The user is obliged to provide truthful and complete information about the data requested during the registration process. The user must keep his personal profile in the erWin online shop up to date. The provider assumes no liability for damage due to the data provided by the user.
3.8 During the registration process for the erWin web shop, the user chooses a password. Passing on this password to third parties is not permitted. The user commits to keeping this password secret. The user is liable for any misuse of his password, including access to the erWin web shop with his password by third parties, from which the same obligations arise for the user as those granted access by the user.
3.9 The provider reserves the right to block users and companies who violate the general terms and conditions or to deny them access to the erWin web shop. The user will be informed of this by email.
Likewise, and for security reasons, the provider reserves the right to deny the user access to the erWin web shop if the user last accessed it more than 13 months ago.
3.10 The user can edit their access data at any time in the "My Profile" menu option. The user can edit his data independently at any time when accessing the erWin web shop. In order to delete his access, the user can delete the account in "My Profile".
4.2 The contract for a booking by the customer comes into effect when the provider sends an electronic booking confirmation.
4.3 The period for accessing and downloading electronic information begins upon receipt of the booking confirmation.
The provider informs the user acting as a consumer about details of the right of withdrawal below in the description of the procedure for exercising the right of withdrawal. In addition, the provider provides the consumer with a model form for exercising his right of withdrawal.
5.2 If the subject matter of the contract is the transmission of digital content without a physical medium, the right of withdrawal expires at the time when the provider, with the express consent of the customer, executes the contract before the expiry of the withdrawal period and the customer has expressed his knowledge of the expiry of the right of withdrawal from the time of execution of the contract.
Access to the following areas is free:
Release of oils
Digital Service Schedule
Access to the "Digital Service Schedule" area is reserved exclusively for customers who have registered as entrepreneurs.
For access to repair and maintenance information for vehicles of the SEAT/CUPRA brand and in particular to repair guides, vehicle-specific information, wiring diagrams, information on maintenance (in particular bodywork repair) and exhaust emission testing as well as to self-study programmes, the customer shall receive online access which enables him to access this information via erWin.
In addition, the customer acquires the right to use all repair and maintenance information on any computer for a specified period of time (hereinafter referred to as "Term"). Use includes displaying data on a computer and printing.
6.2 The customer can only access repair and maintenance information from vehicles for which he has authorisation. This approval may be based on the customer's vehicle ownership, the placing of an order by a vehicle owner for a workshop or similar circumstances.
6.3 Access rights purchased at a flat rate can be used in an authorised workshop by anyone and on any computer, but not across multiple devices at the same time. For use in another authorised workshop of the customer, additional flat rates are to be purchased in accordance with the price list valid at the time in question. After expiry of the term, the electronic information on services can no longer be displayed.
6.4 Access to information, instructions and documents that are not free of charge can be purchased for a term of one hour, one day, one week, one month or one year. The relevant price is displayed in the web shop and in the shopping cart before completing the payment process. Upon completion of the payment process, authorisation to access the purchased information is granted during the chosen term:
Access for one hour: 60 minutes
Access for one day: 24 hours
Access for one week: 7 days
Access for one month: 30 days
Access for one year: 365 days
If payment is made by credit card, the term begins immediately. Separate activation to access the information is not required.
The "Prepayment" payment method is only available for monthly and annual terms. The customer selects a monthly or annual term in erWin, chooses prepayment as the method of payment and receives the information required for payment. The customer must transfer the amount corresponding to the desired term within a period of 14 days. The customer receives a confirmation and activation email after receipt of payment. The runtime begins automatically when the following session starts.
6.5 By agreeing to these General Terms and Conditions, the customer expressly requests that the term pursuant to section 5 commence within the period specified for exercising the right of withdrawal.
A server crash can temporarily make it impossible to download documents, instructions and information.
8.2 Under no circumstances may any use be made that is contrary to the law and/or the contract, or any use for purposes contrary to the law and/or the contract (including the violation of the rights of third parties or the use of data obtained or processed unlawfully). The user exempts the provider from all costs and expenses as well as from any liability resulting from use contrary to the law and/or the contract. The provider is entitled to delete illegal data without prior notice and to block the use of erWin.
8.3 The user is not entitled to reconstruct (reverse engineering), decompile or deconstruct the codes of the erWin web shop, its systems and its software, or to carry out activities with the same or similar effect, unless (and only in this case) this is expressly permitted by applicable law contrary to this restriction. Demands for the release of the source code are excluded.
8.4 The provider only grants the user the right to use the repair and maintenance information acquired via the erWin web shop. This right of use is limited to the user and is not transferable to third parties. The user undertakes to keep the proprietary notices contained in the information, as well as the notices of proprietary rights and other reserved rights unchanged.
8.5 If the user is an authority or test centre which receives access to the information or technical data within the scope of the Implementing Regulation EU 2019/621 for the purpose of carrying out the technical inspection of motor vehicles, it is permitted to use the information or technical data exclusively for these purposes.
8.6 The publication, distribution and/or transmission of repair and maintenance information, documents, instructions, software and content is only permitted with prior approval (conclusion of a license agreement). The user should contact the following email address: erwin.support@seat.es
8.7 Automatic access by machines (bots) is not permitted. Information obtained illegally in this way is not subject to the right of use described in point 8.4.
9.2 Payment of the price for access to the repair and maintenance information available on erWin is due in accordance with the price information published in the erWin web shop at the time the contract is concluded and is to be made online by credit card payment or bank transfer (in the case of advance payment, if a term of one year or one month is purchased). Despite the customer's provisions to the contrary, the provider is entitled to allocate payments made by the customer to the settlement of unsecured or older receivables at its discretion. If costs or interest have already been incurred, the provider is entitled to use the payment first to settle the costs, then the interest and finally for the main services mentioned in the previous paragraph.
9.3 The payment is deemed to have been made from the point at which the provider can freely dispose of the amount. If the payment is made in advance, the buyer (for example, in the case of international bank transfers) shall bear any costs associated with this. The right of the provider to claim higher compensation remains unaffected. The customer is only entitled to compensation if the provider expressly agrees to this in writing, if the claim in question is undisputed or if the counter-claim has been legally established.
9.4 If the customer is based outside of Germany, all direct taxes due to the payment to the provider (e.g. withholding taxes) that are levied or paid in the country in which the customer is located are to be borne by the customer.
If the user is to be considered a consumer, the provider guarantees in accordance with the applicable legal provisions.
11.2 In the case of minor negligence, the liability of the provider is limited to the breach of essential contractual obligations which arise from the content and purpose of the contract or the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the user may normally rely. This liability is limited to typical damage that was foreseeable at the time the contract was concluded, insofar as it is not a question of claims for damages by the customer due to physical damage that represents a danger to life and limb.
11.3 In the event of minor negligence, the personal liability of the provider's legal representatives, employees and members of the company for damage caused by them is excluded.
11.4 Liability in the event of fraudulent concealment of a defect, liability arising from the assumption of a warranty or a procurement risk and liability in accordance with the statutory product liability provisions cannot be excluded, regardless of whether the provider is at fault.
11.5 The provider does not guarantee the constant availability of the erWin web shop and the information, documents, software and/or instructions contained therein. Liability for damages and pecuniary losses due to a server failure is excluded, unless the provider has caused this through gross negligence or wilful intent.
11.6 The provider assumes no liability for the correctness and completeness of the instructions and/or documents provided in the erWin web shop.
11.7 The customer is responsible for the correct implementation of the information, instructions and/or documents provided in the erWin web shop. Vehicle repairs may only be carried out by suitably qualified personnel. In addition, all safety standards must be observed. Compliance with the standards is essential and the customer must always exercise caution to avoid accidents, personal injury and material damage. Before starting work, the customer must ensure that he always uses the current documentation of the available service information.
11.8 The operation of the erWin web shop may be interrupted for reasons of force majeure, including strikes, lockouts and official orders, as well as technical and other measures required on the provider's or network operators' facilities to ensure the proper performance or improvement of the services (for example, maintenance, repairs, software updates, extensions). Such outages can also be caused by temporary capacity bottlenecks due to peak loads and damage to third-party telecommunications equipment. If the provider is at fault due to minor negligence, claims for damages up to a maximum of the booking value are possible.
11.9 The customer bears full responsibility for the provision and maintenance of the devices required for the use of the software (for example hardware, operating systems, network connections and so on) and other software as well as the data lines for access to the portal. Furthermore, it is his responsibility to ensure that the configuration and technical status of the end devices meet the respective necessary requirements. The costs for remote access by the customer (in particular costs of necessary terminal devices and network connections) shall be borne by the customer, who shall be responsible for providing an Internet connection.
11.10 This is without prejudice to the provisions of consumer law if the user is considered a consumer.
12.2 When using the purchased object, the buyer is responsible for compliance with all applicable international trade and export control regulations, standards and laws, in particular those relating to the import, export, re-export or use of the object of purchase.
12.3 When completing a booking, the buyer expressly declares that he is not prohibited from receiving and using the object of purchase in accordance with the applicable export control and sanctions regulations.
12.4 The buyer acquires the object of purchase exclusively for civil use. Any (para)military, weapons-related, nuclear or weapons-related use is prohibited.
13.2 All disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of the city of Barcelona (Spain) and, in the case of a user acting as a consumer, to the jurisdiction of the court of the user's registered domicile.
13.3 If the User is a consumer, they may also submit disputes related to these General Terms and Conditions to an Alternative Dispute Resolution (“ADR”) procedure. The list of dispute resolution bodies available in the European Union can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
13.4 Irrespective of this, the provider undertakes neither to participate in online dispute resolution procedures before a consumer arbitration court, nor is he obliged to do so.
13.5 Agreements can be made that deviate from the provisions of these General Terms and Conditions. Such agreements must be in writing to be valid and must be made separately.
13.6 If one of the above provisions loses its effectiveness in part or in full, the effectiveness of the remaining provisions shall remain unaffected.
13.7 Neither party shall be liable for the total or partial non-performance of the obligations arising from the contract or for delays in the performance of these obligations if this is due to reasons beyond the control of that party, based on reasonable and objective criteria. Such reasons include, for example, natural events, earthquakes, fires, floods, pandemics, epidemics, embargoes, riots, sabotage, attacks on computer systems by third parties (e.g. hacks), acts or omissions of authorities, war, acts of sabotage and terrorist attacks.
The provider will inform the customer of the relevant changes by email or in writing. The changes mentioned will only come into effect with the consent of the user.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken receipt of the goods.
To exercise your right of withdrawal, please contact:
Arvato SE
Reinhard-Mohn-Str. 22
33333 Gütersloh
Germany
e-mail: contact.erwin.eu@arvato-support.com
and clearly declare the revocation of this contract (in writing or by means of an email). If you wish, you can use the enclosed form for this purpose.
To comply with the cancellation period, sending the cancellation within the relevant period is sufficient.
To
[Company, address, email: xx@xx, phone: xx,]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Special clauses
Reinhard-Mohn-Str. 22
33333 Gütersloh
Germany,
with the tax identification number DE 319 051 807, registered in the commercial register of the district court of Gütersloh HRB 11370; and the user of erWin (the “Customer” or “User”).
1.2 The PROVIDER allows the use of the repair and maintenance information by entrepreneurs within the meaning of Article 1 of the Spanish Commercial Code exclusively under the following conditions.
Detailed information about completing bookings and correcting incorrect entries can be found in the ABOUT ERWIN section, in "erWin Info Tour" and "Step by Step".
1.3 ODIS is updated regularly. If you have any questions, objections or if you would like to comment on a booking in the erWin web shop, please contact: Email: erwin.support@seat.es
1.4 The language of the contract is Spanish.
2.2 In addition, no devices may be used or applications run that could cause damage or operational disruptions to the provider's systems, in particular through changes to the physical or logical structure of the provider's servers and network or other networks.
2.3 The customer is prohibited from using software, scripts and mechanisms in connection with the use of the ODIS, as well as the direct or indirect distribution or advertising of such.
3.2 The contract for a booking by the customer comes into effect when the provider sends an electronic booking confirmation to the buyer.
3.3 The term of the purchased ODIS diagnostic software flat rate begins with the first diagnostic session.
4.2 The flat rates for the ODIS service can be used with different diagnostic devices of an authorised workshop with a licence. The purchase of several flat rates is required to use several devices at the same time. Additional diagnostic flat rates are to be purchased in accordance with the respective current price list for use in another authorised workshop of the customer.
4.3 Access to information, instructions and documents that are not free of charge can be booked for an hour, a day, a week, a month or a year. The relevant price is displayed in the web shop and in the shopping cart before completing the payment process. After completion of the payment process, authorisation for use with a licence of the ODIS diagnostic software takes place during the following periods:
Flat rate for one hour: 60 minutes
Flat rate for one day: 24 hours
Flat rate for one week: 7 days
Flat rate for one month: 30 days
Flat rate for one year: 365 days
Activation of the flat rate begins with the start of the diagnostic session. It cannot be interrupted and ends with the expiry of the purchased term. If the flat rate expires during a diagnostic session, the session can be run until the end.
The possibility of using ODIS ends with the expiry of the selected flat rate from the start date of the first diagnostics session without the need for termination. If the flat rate expires while a diagnostic session is active, this session can be closed. After booking a flat rate, a partial refund of the unused term is not possible.
A server crash can temporarily make it impossible to download documents, instructions, and information, or to run diagnostics.
6.2 Under no circumstances may any use be made that is contrary to the law and/or the contract, or any use for purposes contrary to the law and/or the contract (including the violation of the rights of third parties or the use of data obtained or processed unlawfully). The user exempts the provider from all costs and expenses as well as from any liability resulting from use contrary to the law and/or the contract. The provider is entitled to block access without prior notice in the event of illegal use.
6.3 The user is not entitled to reconstruct (reverse engineer), decompile, deconstruct or perform activities with the same or similar effect on the codes of the ODIS diagnostic software, its components, its systems and its interfaces, unless (and only in this case) this is expressly permitted by applicable law contrary to this restriction. Demands for the release of the source code are excluded.
6.4 The provider only grants the user the right to use the diagnostic software ODIS. The right to use the information obtained via the ODIS license is limited to personal use by the user and cannot be transferred to third parties. The user undertakes to keep the proprietary notices contained in the information and in the software, as well as the notices of proprietary rights and other reserved rights unchanged.
6.5 The publication, distribution and or transmission of documents, instructions, software and content is only permitted with prior authorisation. The user must contact the following email address in this regard:
erwin.support@seat.es
6.6 Automatic access by machines (bots) is not permitted. Information obtained illegally in this way is not subject to the right of use described in point 6.4.
7.2 Payment of the price for access to the electronic information available on erWin is due in accordance with the price information published in the erWin web shop at the time the contract is concluded and, if advance payment has been agreed, is to be made online by credit card payment or bank transfer. Despite the customer's provisions to the contrary, THE PROVIDER is entitled to allocate payments made by the customer to the settlement of unsecured or older receivables at its discretion. If costs or interest have already been incurred, the provider is entitled to use the payment first to settle the costs, then the interest and finally for the main services mentioned in the previous paragraph.
7.3 The payment is deemed to have been made from the point at which the provider can freely dispose of the amount. If the payment is made in advance, the buyer (for example, in the case of international bank transfers) shall bear any costs associated with this. The right of the provider to claim higher compensation remains unaffected. The customer is only entitled to compensation if the provider expressly agrees to this in writing, if the claim in question is undisputed or if the counter-claim has been legally established.
7.4 If the customer is located outside of Spain, any direct taxes due to the payment to Arvato (e.g. withholding taxes) that are levied or remitted in the country where the customer is located shall be borne by the customer.
9.2 In the case of minor negligence, the liability of the provider is limited to the breach of essential contractual obligations which arise from the content and purpose of the provider contract or the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the user may normally rely. This liability is limited to typical damage that was foreseeable at the time the contract was concluded, insofar as it is not a question of claims for damages by the customer due to physical damage that represents a danger to life and limb.
9.3 In the event of minor negligence, the personal liability of the provider's legal representatives, employees and members of the company for damage caused by them is excluded.
9.4 Liability in the event of fraudulent concealment of a defect, liability arising from the assumption of a warranty or a procurement risk and liability in accordance with the statutory product liability provisions cannot be excluded, regardless of whether the provider is at fault.
9.5 The provider assumes no liability for the constant availability of the system components, the systems involved in the ODIS service and the information, documents, software and/or instructions contained therein. Liability for damages and financial losses due to a server failure is excluded, unless the provider has caused the server failure by gross negligence or intentionally.
9.6 The provider assumes no liability for the correctness and completeness of the instructions and/or documents provided in the ODIS Service.
9.7 The customer is responsible for the correct implementation of the information, instructions and/or documents provided in the ODIS service. Vehicle repairs may only be carried out by suitably qualified personnel. In addition, all safety standards must be observed. Compliance with the standards is essential and the customer must always exercise caution to avoid accidents, personal injury and material damage. Before starting work, the customer must ensure that he always uses the current documentation of the available service information.
9.8 The operation of the system components and the systems involved in the ODIS service can be interrupted for reasons of force majeure, including strikes, lockouts and official orders as well as technical and other measures that are required at the provider's or network operator's facilities to ensure the proper implementation or improvement of the services (e.g. maintenance, repairs, software updates, expansions). Such outages can also be caused by temporary capacity bottlenecks due to peak loads and damage to third-party telecommunications equipment. If the provider is at fault due to minor negligence, claims for damages up to a maximum of the booking value are possible.
9.9 The Customer shall bear full responsibility for the provision and maintenance of the equipment (for example, hardware, operating systems, network connections etc.) and other software necessary for the use of the software, as well as the cable to access the ODIS Service and the relevant systems. Furthermore, it is his responsibility to ensure that the configuration and technical status of the end devices meet the respective necessary requirements.
The costs for remote access by the customer (in particular costs of necessary terminal devices and network connections) shall be borne by the customer, who shall be responsible for providing an Internet connection.
10.2 When using the purchased object, the buyer is responsible for compliance with all applicable international trade and export control regulations, standards and laws, in particular those relating to the import, export, re-export or use of the object of purchase.
10.3 When completing a booking, the buyer expressly declares that he is not prohibited from receiving and using the object of purchase in accordance with the applicable export control and sanctions regulations.
10.4 The buyer acquires the object of purchase exclusively for civil use. Any (para)military, weapons-related, nuclear or weapons-related use is prohibited.
11.2 Any dispute related to these General Terms and Conditions will be brought under the jurisdiction of the courts of the city of Barcelona (Spain).
11.3 Agreements can be made that deviate from the clauses in these general terms and conditions. Such agreements must be in writing to be valid and must be made separately.
11.4 If the provisions of these terms and conditions or the contract based on them lose their effectiveness partially or completely, the validity of the remaining contractual terms or clauses of the terms and conditions remains unaffected.
11.5 Neither party shall be liable for the total or partial non-performance of the obligations arising from the contract or for delays in the performance of these obligations if this is due to reasons beyond the control of that party, based on reasonable and objective criteria. Such reasons include, for example, natural events, earthquakes, fires, floods, pandemics, epidemics, embargoes, riots, sabotage, attacks on computer systems by third parties (e.g. hacks), acts or omissions of authorities, war, acts of sabotage and terrorist attacks.
The provider will inform the customer of the relevant changes by email or in writing.
Section 1 Scope and subject matter of the contract
1.1 These General Terms and Conditions apply to access to electronic information about the repair and maintenance of vehicles in the repair and workshop information system erWin (hereinafter referred to as "repair and maintenance information") in the form of a downloaded file. The contracting parties are Arvato SE (the "provider"), a German company based in:Reinhard-Mohn-Str. 22
33333 Gütersloh
Germany
, with the tax identification number DE 319 051 807, entered in the commercial register of the district court of Gütersloh HRB 11370; and the user of erWin (hereinafter referred to as "Customer” or "user").
1.2 The provider allows the use of the repair and maintenance information by entrepreneurs, within the meaning of section 1 of the Spanish Commercial Code and section 4 of Royal Legislative Decree 1/2007, of 16 November, adopting the new version of the Consolidated text of the General Law for the Defence of the Rights of Consumers and Users and other complementary laws ("TRLGDCU"), and by consumers, within the meaning of section 3 of the TRLGDCU, exclusively under the following conditions.
Entrepreneurs within the meaning of these terms and conditions are natural or legal persons under private or public law who act directly or indirectly in their own name or on their own account for a purpose that is related to their business, commercial, craft or professional activity. The entrepreneur is obliged to present the relevant documents proving his entrepreneurial status upon request (e.g. extract from the commercial register, professional licence, etc.).
Consumers are considered to be natural persons acting for purposes that cannot be attributed to their business, commercial, craft or professional activities, as well as legal persons and corporations without legal personality acting for non-profit purposes outside the scope of their business or commercial activities.
1.3 For the purposes of these General Terms and Conditions, both entrepreneurs and consumers are customers.
1.4 Detailed information about making bookings and correcting incorrect entries can be found in the ABOUT ERWIN section, in "erWin Info Tour" and "Step by Step".
The service information is updated regularly. If you have any questions, objections or if you would like to comment on a booking in the erWin web shop, please contact:
Email: erwin.support@seat.es
1.5 The language of the contract is Spanish. For customers outside the Spanish-speaking area, the language selected for the online shop interface applies.
1.6 These General Terms and Conditions exclusively regulate the acquisition and downloading of repair and maintenance information via erWin. If the user wishes to disclose and/or pass on repair and maintenance information, documents, instructions, software and content with the aim of processing, exploiting or publishing them (e.g. publisher or "republisher" of technical information) as part of his own business activities, he must first obtain SEAT's explicit approval (conclusion of a licence agreement). The user should contact the following email address: erwin.support@seat.es
Section 2 General obligations of the user
2.1 Any and all improper use of the provider's websites is prohibited. Circumventing the safety precautions that could impair the operation of erWin's infrastructure is prohibited. This applies in particular to the creation of overloads.2.2 In addition, no devices may be used or applications run that could cause damage or operational disruptions to the provider's systems, in particular through changes to the physical or logical structure of the provider's servers and network or other networks.
2.3 The user is prohibited from using software, scripts and mechanisms in connection with the use of the erWin website, as well as the direct or indirect distribution or advertising of such.
Section 3 Registration
3.1 The offer provided via erWin is subject to change. We reserve the right to make technical changes within reasonable limits.3.2 The user must have a user account in order to use the erWin web shop. To register, the user must enter his/her data in the form provided under "My erWin" in the "Registration" section. By clicking the "Register" button during the registration process, the user declares his or her willingness to use the services in accordance with these General Terms and Conditions.
3.3 The contract on the use of the erWin web shop between the user and the provider is concluded by the user's request to use the services of the erWin web shop (registration application) and acceptance (in text form) of this request by the provider.
3.4 By registering and/or pressing the "Register" button as part of the registration process, the user undertakes to use the online services in accordance with these General Terms and Conditions.
3.5 The provider will immediately notify the user of receipt of the registration application by sending an email with a link to the erWin web shop. This automated acknowledgement of receipt does not constitute a binding acceptance of the registration application, but it may be linked to the declaration of acceptance.
3.6 The declaration of binding acceptance of the application request on the part of the provider can be made in the following ways:
The user receives a notification of acceptance or rejection of the submitted registration application to the email address used for registration.
The provider reserves the right to reject the registration application in justified cases.
3.7 The user is obliged to provide truthful and complete information about the data requested during the registration process. The user must keep his personal profile in the erWin online shop up to date. The provider assumes no liability for damage due to the data provided by the user.
3.8 During the registration process for the erWin web shop, the user chooses a password. Passing on this password to third parties is not permitted. The user commits to keeping this password secret. The user is liable for any misuse of his password, including access to the erWin web shop with his password by third parties, from which the same obligations arise for the user as those granted access by the user.
3.9 The provider reserves the right to block users and companies who violate the general terms and conditions or to deny them access to the erWin web shop. The user will be informed of this by email.
Likewise, and for security reasons, the provider reserves the right to deny the user access to the erWin web shop if the user last accessed it more than 13 months ago.
3.10 The user can edit their access data at any time in the "My Profile" menu option. The user can edit his data independently at any time when accessing the erWin web shop. In order to delete his access, the user can delete the account in "My Profile".
Section 4 Booking and conclusion of contract
4.1 Prior to the conclusion of bookings, all services selected by the customer together with the basic contractual elements and in particular the total price including taxes and duties, as well as the calculation of the total price are displayed in the shopping basket for review. In this way, incorrect items can be identified and corrected before the booking is completed. The General Terms and Conditions can be viewed again before completing the booking.4.2 The contract for a booking by the customer comes into effect when the provider sends an electronic booking confirmation.
4.3 The period for accessing and downloading electronic information begins upon receipt of the booking confirmation.
Section 5 Right of withdrawal of the user acting as a consumer
5.1 If the customer is a consumer and the purchase contract was concluded exclusively using distance means of communication, the customer may exercise his right of withdrawal.The provider informs the user acting as a consumer about details of the right of withdrawal below in the description of the procedure for exercising the right of withdrawal. In addition, the provider provides the consumer with a model form for exercising his right of withdrawal.
5.2 If the subject matter of the contract is the transmission of digital content without a physical medium, the right of withdrawal expires at the time when the provider, with the express consent of the customer, executes the contract before the expiry of the withdrawal period and the customer has expressed his knowledge of the expiry of the right of withdrawal from the time of execution of the contract.
Section 6 Use and term
6.1 Within the framework of the erWin online shop, registered customers are provided with both free and paid information.Access to the following areas is free:
Release of oils
Digital Service Schedule
Access to the "Digital Service Schedule" area is reserved exclusively for customers who have registered as entrepreneurs.
For access to repair and maintenance information for vehicles of the SEAT/CUPRA brand and in particular to repair guides, vehicle-specific information, wiring diagrams, information on maintenance (in particular bodywork repair) and exhaust emission testing as well as to self-study programmes, the customer shall receive online access which enables him to access this information via erWin.
In addition, the customer acquires the right to use all repair and maintenance information on any computer for a specified period of time (hereinafter referred to as "Term"). Use includes displaying data on a computer and printing.
6.2 The customer can only access repair and maintenance information from vehicles for which he has authorisation. This approval may be based on the customer's vehicle ownership, the placing of an order by a vehicle owner for a workshop or similar circumstances.
6.3 Access rights purchased at a flat rate can be used in an authorised workshop by anyone and on any computer, but not across multiple devices at the same time. For use in another authorised workshop of the customer, additional flat rates are to be purchased in accordance with the price list valid at the time in question. After expiry of the term, the electronic information on services can no longer be displayed.
6.4 Access to information, instructions and documents that are not free of charge can be purchased for a term of one hour, one day, one week, one month or one year. The relevant price is displayed in the web shop and in the shopping cart before completing the payment process. Upon completion of the payment process, authorisation to access the purchased information is granted during the chosen term:
Access for one hour: 60 minutes
Access for one day: 24 hours
Access for one week: 7 days
Access for one month: 30 days
Access for one year: 365 days
If payment is made by credit card, the term begins immediately. Separate activation to access the information is not required.
The "Prepayment" payment method is only available for monthly and annual terms. The customer selects a monthly or annual term in erWin, chooses prepayment as the method of payment and receives the information required for payment. The customer must transfer the amount corresponding to the desired term within a period of 14 days. The customer receives a confirmation and activation email after receipt of payment. The runtime begins automatically when the following session starts.
6.5 By agreeing to these General Terms and Conditions, the customer expressly requests that the term pursuant to section 5 commence within the period specified for exercising the right of withdrawal.
Section 7 Limitations
The provider makes every reasonable effort to ensure the accessibility of the information and to restore functionality immediately in the event of an interruption. However, unavoidable temporary disruptions or interruptions can occur in the event of force majeure (e.g. armed conflicts, epidemics and pandemics, natural disasters, strikes) or if maintenance, repair or other work has to be carried out on the provider's or third-party technical systems that are used to provide data, content, information or transmission options.A server crash can temporarily make it impossible to download documents, instructions and information.
Section 8 Rights of Use / Copyright
8.1 The provider expressly reserves all publication, duplication, editing, design and/or exploitation rights to the contents of the erWin web shop, in particular to the information provided therein. The aforementioned rights are exclusively and completely at the disposal of the provider. Violations of these rights are illegal and may be subject to civil and/or criminal prosecution.8.2 Under no circumstances may any use be made that is contrary to the law and/or the contract, or any use for purposes contrary to the law and/or the contract (including the violation of the rights of third parties or the use of data obtained or processed unlawfully). The user exempts the provider from all costs and expenses as well as from any liability resulting from use contrary to the law and/or the contract. The provider is entitled to delete illegal data without prior notice and to block the use of erWin.
8.3 The user is not entitled to reconstruct (reverse engineering), decompile or deconstruct the codes of the erWin web shop, its systems and its software, or to carry out activities with the same or similar effect, unless (and only in this case) this is expressly permitted by applicable law contrary to this restriction. Demands for the release of the source code are excluded.
8.4 The provider only grants the user the right to use the repair and maintenance information acquired via the erWin web shop. This right of use is limited to the user and is not transferable to third parties. The user undertakes to keep the proprietary notices contained in the information, as well as the notices of proprietary rights and other reserved rights unchanged.
8.5 If the user is an authority or test centre which receives access to the information or technical data within the scope of the Implementing Regulation EU 2019/621 for the purpose of carrying out the technical inspection of motor vehicles, it is permitted to use the information or technical data exclusively for these purposes.
8.6 The publication, distribution and/or transmission of repair and maintenance information, documents, instructions, software and content is only permitted with prior approval (conclusion of a license agreement). The user should contact the following email address: erwin.support@seat.es
8.7 Automatic access by machines (bots) is not permitted. Information obtained illegally in this way is not subject to the right of use described in point 8.4.
Section 9 Payment
9.1 Information on the prices for the products offered in the erWin web shop can be found under Products and Services > Product Assistant > Show All Products. Prices are in euros and exclude VAT.9.2 Payment of the price for access to the repair and maintenance information available on erWin is due in accordance with the price information published in the erWin web shop at the time the contract is concluded and is to be made online by credit card payment or bank transfer (in the case of advance payment, if a term of one year or one month is purchased). Despite the customer's provisions to the contrary, the provider is entitled to allocate payments made by the customer to the settlement of unsecured or older receivables at its discretion. If costs or interest have already been incurred, the provider is entitled to use the payment first to settle the costs, then the interest and finally for the main services mentioned in the previous paragraph.
9.3 The payment is deemed to have been made from the point at which the provider can freely dispose of the amount. If the payment is made in advance, the buyer (for example, in the case of international bank transfers) shall bear any costs associated with this. The right of the provider to claim higher compensation remains unaffected. The customer is only entitled to compensation if the provider expressly agrees to this in writing, if the claim in question is undisputed or if the counter-claim has been legally established.
9.4 If the customer is based outside of Germany, all direct taxes due to the payment to the provider (e.g. withholding taxes) that are levied or paid in the country in which the customer is located are to be borne by the customer.
Section 10 Warranty and warranty period
Claims by the customer based on material defects become time-barred two years after the goods have been called up or handed over.If the user is to be considered a consumer, the provider guarantees in accordance with the applicable legal provisions.
Section 11 Liability
11.1 In the event of intent, gross negligence and product liability, the liability of the provider shall be governed by the statutory provisions. The same applies with regard to liability in the event of physical damage that poses a risk to life and limb.11.2 In the case of minor negligence, the liability of the provider is limited to the breach of essential contractual obligations which arise from the content and purpose of the contract or the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the user may normally rely. This liability is limited to typical damage that was foreseeable at the time the contract was concluded, insofar as it is not a question of claims for damages by the customer due to physical damage that represents a danger to life and limb.
11.3 In the event of minor negligence, the personal liability of the provider's legal representatives, employees and members of the company for damage caused by them is excluded.
11.4 Liability in the event of fraudulent concealment of a defect, liability arising from the assumption of a warranty or a procurement risk and liability in accordance with the statutory product liability provisions cannot be excluded, regardless of whether the provider is at fault.
11.5 The provider does not guarantee the constant availability of the erWin web shop and the information, documents, software and/or instructions contained therein. Liability for damages and pecuniary losses due to a server failure is excluded, unless the provider has caused this through gross negligence or wilful intent.
11.6 The provider assumes no liability for the correctness and completeness of the instructions and/or documents provided in the erWin web shop.
11.7 The customer is responsible for the correct implementation of the information, instructions and/or documents provided in the erWin web shop. Vehicle repairs may only be carried out by suitably qualified personnel. In addition, all safety standards must be observed. Compliance with the standards is essential and the customer must always exercise caution to avoid accidents, personal injury and material damage. Before starting work, the customer must ensure that he always uses the current documentation of the available service information.
11.8 The operation of the erWin web shop may be interrupted for reasons of force majeure, including strikes, lockouts and official orders, as well as technical and other measures required on the provider's or network operators' facilities to ensure the proper performance or improvement of the services (for example, maintenance, repairs, software updates, extensions). Such outages can also be caused by temporary capacity bottlenecks due to peak loads and damage to third-party telecommunications equipment. If the provider is at fault due to minor negligence, claims for damages up to a maximum of the booking value are possible.
11.9 The customer bears full responsibility for the provision and maintenance of the devices required for the use of the software (for example hardware, operating systems, network connections and so on) and other software as well as the data lines for access to the portal. Furthermore, it is his responsibility to ensure that the configuration and technical status of the end devices meet the respective necessary requirements. The costs for remote access by the customer (in particular costs of necessary terminal devices and network connections) shall be borne by the customer, who shall be responsible for providing an Internet connection.
11.10 This is without prejudice to the provisions of consumer law if the user is considered a consumer.
Section 12 Compliance with standards for international transactions and export controls
12.1 The execution and compliance of the contract is subject to the absence of impediments due to regulations related to the applicable standards for international transactions and export controls. In addition to national regulations for international transactions and European export control regulations, including embargoes and other sanctions, this may also include export control and sanction regulations of the USA and other countries that are applicable extra-territorially, insofar as their compliance is permitted under EU law.12.2 When using the purchased object, the buyer is responsible for compliance with all applicable international trade and export control regulations, standards and laws, in particular those relating to the import, export, re-export or use of the object of purchase.
12.3 When completing a booking, the buyer expressly declares that he is not prohibited from receiving and using the object of purchase in accordance with the applicable export control and sanctions regulations.
12.4 The buyer acquires the object of purchase exclusively for civil use. Any (para)military, weapons-related, nuclear or weapons-related use is prohibited.
Section 13 Applicable law and jurisdiction
13.1 These terms and conditions are governed by Spanish law. The United Nations Convention on Contracts for the International Sale of Goods is excluded. If the user is a consumer, these terms and conditions are also subject to the applicable local laws.13.2 All disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of the city of Barcelona (Spain) and, in the case of a user acting as a consumer, to the jurisdiction of the court of the user's registered domicile.
13.3 If the User is a consumer, they may also submit disputes related to these General Terms and Conditions to an Alternative Dispute Resolution (“ADR”) procedure. The list of dispute resolution bodies available in the European Union can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
13.4 Irrespective of this, the provider undertakes neither to participate in online dispute resolution procedures before a consumer arbitration court, nor is he obliged to do so.
13.5 Agreements can be made that deviate from the provisions of these General Terms and Conditions. Such agreements must be in writing to be valid and must be made separately.
13.6 If one of the above provisions loses its effectiveness in part or in full, the effectiveness of the remaining provisions shall remain unaffected.
13.7 Neither party shall be liable for the total or partial non-performance of the obligations arising from the contract or for delays in the performance of these obligations if this is due to reasons beyond the control of that party, based on reasonable and objective criteria. Such reasons include, for example, natural events, earthquakes, fires, floods, pandemics, epidemics, embargoes, riots, sabotage, attacks on computer systems by third parties (e.g. hacks), acts or omissions of authorities, war, acts of sabotage and terrorist attacks.
Section 14 Changes to the General Terms and Conditions
The provider reserves the right to change these General Terms and Conditions.The provider will inform the customer of the relevant changes by email or in writing. The changes mentioned will only come into effect with the consent of the user.
Procedure for exercising the right of withdrawal
Consumer's right of withdrawal
If you act as a consumer, you can exercise your right of withdrawal in the following ways:Right to withdraw consent
You may cancel this contract without giving any reason within a period of fourteen days.The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken receipt of the goods.
To exercise your right of withdrawal, please contact:
Arvato SE
Reinhard-Mohn-Str. 22
33333 Gütersloh
Germany
e-mail: contact.erwin.eu@arvato-support.com
and clearly declare the revocation of this contract (in writing or by means of an email). If you wish, you can use the enclosed form for this purpose.
To comply with the cancellation period, sending the cancellation within the relevant period is sufficient.
Consequences of cancellation
If you cancel this contract, we will refund all payments received from you. The refund will be made within a period of fourteen days from the receipt of your cancellation letter. Unless otherwise expressly agreed, the refund will be made to the means of payment used in the original transaction. The reimbursement will not incur any costs for you.Please note:
If the subject matter of the contract is the transmission of digital content without a physical data carrier, the right of withdrawal expires at the point in time at which we execute the contract with your express consent before the end of the withdrawal period and you have expressed your knowledge of the expiry of the right of withdrawal from the time of execution of the contract.Withdrawal form
(If you wish to cancel a contract, please complete and return this form).To
[Company, address, email: xx@xx, phone: xx,]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
________________________________________________
Booking date (*) / Receipt date (*):
_________________________________________________
Name(s) of the consumer(s):
________________________________________________
Address of the consumer(s):
________________________________________________
Signature of the consumer(s) (only in the case of notification on paper):
_______________________________________________
Date:
_______________________________________________
(*) Delete where not applicable.
Special clauses
General Terms and Conditions for ODIS
The following terms and conditions apply to the application for the diagnostic software ODIS.
The use of the ODIS diagnostic software, which is not free of charge, is only permitted to companies that have registered as such online on erWin.
Section 1 Scope and subject matter of the contract
1.1 These General Terms and Conditions apply to access to the ODIS diagnostic software (hereinafter referred to as "ODIS Service") via the downloaded file in the erWin repair and workshop information system. The contracting party is Arvato SE (the "Provider"), a German company based inReinhard-Mohn-Str. 22
33333 Gütersloh
Germany,
with the tax identification number DE 319 051 807, registered in the commercial register of the district court of Gütersloh HRB 11370; and the user of erWin (the “Customer” or “User”).
1.2 The PROVIDER allows the use of the repair and maintenance information by entrepreneurs within the meaning of Article 1 of the Spanish Commercial Code exclusively under the following conditions.
Detailed information about completing bookings and correcting incorrect entries can be found in the ABOUT ERWIN section, in "erWin Info Tour" and "Step by Step".
1.3 ODIS is updated regularly. If you have any questions, objections or if you would like to comment on a booking in the erWin web shop, please contact: Email: erwin.support@seat.es
1.4 The language of the contract is Spanish.
Section 2 General obligations of the user
2.1 Any improper use of the ODIS diagnostic software that is contrary to the sole purpose of repairing SEAT/CUPRA vehicles is prohibited. In addition, circumventions of the security measures that may affect the operation of the diagnostic infrastructure, including adjacent systems, are prohibited. This applies in particular to the creation of overloads.2.2 In addition, no devices may be used or applications run that could cause damage or operational disruptions to the provider's systems, in particular through changes to the physical or logical structure of the provider's servers and network or other networks.
2.3 The customer is prohibited from using software, scripts and mechanisms in connection with the use of the ODIS, as well as the direct or indirect distribution or advertising of such.
Section 3 Booking and conclusion of contract
3.1 Before completing bookings, all services/goods selected by the customer are displayed for verification together with the basic elements of the contract and in particular the total price including taxes and duties, as well as the calculation of the total price, if applicable. In this way, incorrect items can be identified and corrected before the binding booking is completed. The General Terms and Conditions can be viewed again before completing the booking.3.2 The contract for a booking by the customer comes into effect when the provider sends an electronic booking confirmation to the buyer.
3.3 The term of the purchased ODIS diagnostic software flat rate begins with the first diagnostic session.
Section 4 Use and term
4.1 To use the diagnostic software ODIS (Offboard Diagnostic Information System), the customer receives a specific license for a computer that allows this use. In addition, he acquires the right to use all information on the computer in question for a fixed period of time (hereinafter referred to as the "Licence period").4.2 The flat rates for the ODIS service can be used with different diagnostic devices of an authorised workshop with a licence. The purchase of several flat rates is required to use several devices at the same time. Additional diagnostic flat rates are to be purchased in accordance with the respective current price list for use in another authorised workshop of the customer.
4.3 Access to information, instructions and documents that are not free of charge can be booked for an hour, a day, a week, a month or a year. The relevant price is displayed in the web shop and in the shopping cart before completing the payment process. After completion of the payment process, authorisation for use with a licence of the ODIS diagnostic software takes place during the following periods:
Flat rate for one hour: 60 minutes
Flat rate for one day: 24 hours
Flat rate for one week: 7 days
Flat rate for one month: 30 days
Flat rate for one year: 365 days
Activation of the flat rate begins with the start of the diagnostic session. It cannot be interrupted and ends with the expiry of the purchased term. If the flat rate expires during a diagnostic session, the session can be run until the end.
The possibility of using ODIS ends with the expiry of the selected flat rate from the start date of the first diagnostics session without the need for termination. If the flat rate expires while a diagnostic session is active, this session can be closed. After booking a flat rate, a partial refund of the unused term is not possible.
Section 5 Limitations
The provider makes every reasonable effort to ensure the accessibility of the information and to restore functionality immediately in the event of an interruption. However, unavoidable temporary disruptions or interruptions can occur in the event of force majeure (e.g. armed conflicts, epidemics and pandemics, natural disasters, strikes) or if maintenance, repair or other work has to be carried out on the provider's or third-party technical systems that are used to provide data, content, information or transmission options.A server crash can temporarily make it impossible to download documents, instructions, and information, or to run diagnostics.
Section 6 Rights of use / copyrights
6.1 The provider expressly reserves all publication, duplication, editing, design and/or exploitation rights to the contents of the ODIS diagnostic system, in particular to the information provided therein. The aforementioned rights are exclusively and completely at the disposal of the provider. Violations of these rights are illegal and may be subject to civil and/or criminal prosecution.6.2 Under no circumstances may any use be made that is contrary to the law and/or the contract, or any use for purposes contrary to the law and/or the contract (including the violation of the rights of third parties or the use of data obtained or processed unlawfully). The user exempts the provider from all costs and expenses as well as from any liability resulting from use contrary to the law and/or the contract. The provider is entitled to block access without prior notice in the event of illegal use.
6.3 The user is not entitled to reconstruct (reverse engineer), decompile, deconstruct or perform activities with the same or similar effect on the codes of the ODIS diagnostic software, its components, its systems and its interfaces, unless (and only in this case) this is expressly permitted by applicable law contrary to this restriction. Demands for the release of the source code are excluded.
6.4 The provider only grants the user the right to use the diagnostic software ODIS. The right to use the information obtained via the ODIS license is limited to personal use by the user and cannot be transferred to third parties. The user undertakes to keep the proprietary notices contained in the information and in the software, as well as the notices of proprietary rights and other reserved rights unchanged.
6.5 The publication, distribution and or transmission of documents, instructions, software and content is only permitted with prior authorisation. The user must contact the following email address in this regard:
erwin.support@seat.es
6.6 Automatic access by machines (bots) is not permitted. Information obtained illegally in this way is not subject to the right of use described in point 6.4.
Section 7 Payment, taxes
7.1 Information on the prices for the products offered in the erWin web shop can be found under Products and Services > Product Assistant > Show All Products. Prices are in euros and exclude VAT.7.2 Payment of the price for access to the electronic information available on erWin is due in accordance with the price information published in the erWin web shop at the time the contract is concluded and, if advance payment has been agreed, is to be made online by credit card payment or bank transfer. Despite the customer's provisions to the contrary, THE PROVIDER is entitled to allocate payments made by the customer to the settlement of unsecured or older receivables at its discretion. If costs or interest have already been incurred, the provider is entitled to use the payment first to settle the costs, then the interest and finally for the main services mentioned in the previous paragraph.
7.3 The payment is deemed to have been made from the point at which the provider can freely dispose of the amount. If the payment is made in advance, the buyer (for example, in the case of international bank transfers) shall bear any costs associated with this. The right of the provider to claim higher compensation remains unaffected. The customer is only entitled to compensation if the provider expressly agrees to this in writing, if the claim in question is undisputed or if the counter-claim has been legally established.
7.4 If the customer is located outside of Spain, any direct taxes due to the payment to Arvato (e.g. withholding taxes) that are levied or remitted in the country where the customer is located shall be borne by the customer.
Section 8 Warranty and warranty period
Claims by the customer based on material defects become time-barred one year after the request.Section 9 Liability
9.1 In the event of intent, gross negligence and product liability, the liability of the provider shall be governed by the statutory provisions. The same applies with regard to liability in the event of physical damage that poses a risk to life and limb.9.2 In the case of minor negligence, the liability of the provider is limited to the breach of essential contractual obligations which arise from the content and purpose of the provider contract or the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the user may normally rely. This liability is limited to typical damage that was foreseeable at the time the contract was concluded, insofar as it is not a question of claims for damages by the customer due to physical damage that represents a danger to life and limb.
9.3 In the event of minor negligence, the personal liability of the provider's legal representatives, employees and members of the company for damage caused by them is excluded.
9.4 Liability in the event of fraudulent concealment of a defect, liability arising from the assumption of a warranty or a procurement risk and liability in accordance with the statutory product liability provisions cannot be excluded, regardless of whether the provider is at fault.
9.5 The provider assumes no liability for the constant availability of the system components, the systems involved in the ODIS service and the information, documents, software and/or instructions contained therein. Liability for damages and financial losses due to a server failure is excluded, unless the provider has caused the server failure by gross negligence or intentionally.
9.6 The provider assumes no liability for the correctness and completeness of the instructions and/or documents provided in the ODIS Service.
9.7 The customer is responsible for the correct implementation of the information, instructions and/or documents provided in the ODIS service. Vehicle repairs may only be carried out by suitably qualified personnel. In addition, all safety standards must be observed. Compliance with the standards is essential and the customer must always exercise caution to avoid accidents, personal injury and material damage. Before starting work, the customer must ensure that he always uses the current documentation of the available service information.
9.8 The operation of the system components and the systems involved in the ODIS service can be interrupted for reasons of force majeure, including strikes, lockouts and official orders as well as technical and other measures that are required at the provider's or network operator's facilities to ensure the proper implementation or improvement of the services (e.g. maintenance, repairs, software updates, expansions). Such outages can also be caused by temporary capacity bottlenecks due to peak loads and damage to third-party telecommunications equipment. If the provider is at fault due to minor negligence, claims for damages up to a maximum of the booking value are possible.
9.9 The Customer shall bear full responsibility for the provision and maintenance of the equipment (for example, hardware, operating systems, network connections etc.) and other software necessary for the use of the software, as well as the cable to access the ODIS Service and the relevant systems. Furthermore, it is his responsibility to ensure that the configuration and technical status of the end devices meet the respective necessary requirements.
The costs for remote access by the customer (in particular costs of necessary terminal devices and network connections) shall be borne by the customer, who shall be responsible for providing an Internet connection.
Section 10 Compliance with standards for international transactions and export controls
10.1 The execution and compliance of the contract is subject to the absence of impediments due to regulations related to the applicable standards for international transactions and export controls. In addition to national regulations for international transactions and European export control regulations, including embargoes and other sanctions, this may also include export control and sanction regulations of the USA and other countries that are applicable extra-territorially, insofar as their compliance is permitted under EU law.10.2 When using the purchased object, the buyer is responsible for compliance with all applicable international trade and export control regulations, standards and laws, in particular those relating to the import, export, re-export or use of the object of purchase.
10.3 When completing a booking, the buyer expressly declares that he is not prohibited from receiving and using the object of purchase in accordance with the applicable export control and sanctions regulations.
10.4 The buyer acquires the object of purchase exclusively for civil use. Any (para)military, weapons-related, nuclear or weapons-related use is prohibited.
Section 11 Applicable law and jurisdiction
11.1 These terms and conditions are governed by Spanish law. The United Nations Convention on Contracts for the International Sale of Goods is excluded.11.2 Any dispute related to these General Terms and Conditions will be brought under the jurisdiction of the courts of the city of Barcelona (Spain).
11.3 Agreements can be made that deviate from the clauses in these general terms and conditions. Such agreements must be in writing to be valid and must be made separately.
11.4 If the provisions of these terms and conditions or the contract based on them lose their effectiveness partially or completely, the validity of the remaining contractual terms or clauses of the terms and conditions remains unaffected.
11.5 Neither party shall be liable for the total or partial non-performance of the obligations arising from the contract or for delays in the performance of these obligations if this is due to reasons beyond the control of that party, based on reasonable and objective criteria. Such reasons include, for example, natural events, earthquakes, fires, floods, pandemics, epidemics, embargoes, riots, sabotage, attacks on computer systems by third parties (e.g. hacks), acts or omissions of authorities, war, acts of sabotage and terrorist attacks.
Section 12 Changes to the General Terms and Conditions
The provider reserves the right to change these General Terms and Conditions.The provider will inform the customer of the relevant changes by email or in writing.