§1 Subject of the contract
arvato permits tradespersons and private persons (hereafter referred to as the "customer") to use information on vehicles - such as workshop manuals, electrical circuit diagrams or instructions on bodywork repairs - in electronic format (hereafter referred to as "flat-rate"). The service provided by arvato is the provision of an Internet platform which offers the possibility of being able to view documents. Use of the Internet platform is regulated by the following conditions.
The decoding software required does not form part of the service. It can however be downloaded free of charge via the erWin website. arvato specifically points out that this software is a third party product, and excludes any liability for this software. The third party's licensing terms must be observed.
More detailed information on the system setup and access requirements, on the use of functions and on payment for the services offered, can be found on the pages of the erWin Webshop.
§2 Conclusion of contract
The order from a customer represents a proposal to us to conclude a contract. The contract comes into being with the granting of access to the Internet platform including to all its contents, whereby only these GTB apply to the contract. arvato does not recognise contrary purchasing conditions on the part of the customer and declares them null and void.
§3 Right of withdrawal
The customer can revoke the conclusion of the contract within two weeks of receipt of the authorization to access the features of the erWin Webshop, without giving any reasons, by doing so in written form (e.g. by email, telefax or letter). To ensure this withdrawal period is complied with it is sufficient to dispatch the withdrawal notice in good time. The withdrawal notice is to be sent to:
for the attention of Oliver Grothues
Fax: +49 (0) 5241/806-8204
Where the withdrawal from the contract is effective the contract lapses and the services are to be mutually waived. The customer's right of withdrawal ceases prematurely if he has taken up use of the services of the erWin Webshop before expiry of the withdrawal period, i.e. upon downloading or opening electronic content for the first time. Further, a right of withdrawal does not apply to the purchase of data media from the erWin Webshop, where these have been opened.
Payment becomes due on conclusion of the contract. Payment can only be made by credit card. Net order total (VAT in accordance with the relevant legal provisions).
§5 Contract duration and cancellation
The contract is set up for the period of duration selected by the customer at the time the contract was concluded. The contract period begins with the view of the first document and ends upon the expiry of the selected duration. Cancellation within the selected duration can only be made on important grounds. An important ground exists in particular should arvato cease provision of its services, e.g. if the Internet platform to be provided becomes permanently unavailable. Cancellation is also possible if arvato becomes aware of use contrary to the contract of the contents which can be accessed from the Internet platform.
§6 Right of use
Following a contract concluded on the basis of these GTB the customer will be assigned a non-transferable and non-exclusive licence for the use of the documents deposited on the Internet platform, which the customer may only use for his own professional or private purposes. This licence is restricted to use in the customer's own information systems.
The period of validity of the present licence corresponds with the duration of the contract. Use of information both following the end of the duration of the contract and following placement of an updated version on the Internet platform releases both arvato and SEAT/CUPRA from any liability.
The customer acquires the right to use all the documents placed on the Internet platform, on the computer for which access authorisation was purchased. Changes to the hardware used by the customer can result in the access authorisation lapsing. In this case the customer can use the hotline to arrange for the access authorisation to be transferred to the new system.
Documents may only be viewed or printed using this computer. The customer is in particular not authorised to sell documents or parts of documents, or - except for the purpose of making his own data backups - to copy documents or parts of documents, either in paper form or by electronic means.
All usage rights cease with the end of the contract.
Should a document be defective, the customer can demand supplementary performance of the contract (correction of the defect or provision of a replacement). Should the supplementary performance not be successful then if the defect is not inessential the customer can withdraw from the contract, reduce the purchase price or assert claims for damages or reimbursement of expenses.
§8 Limitation of liability
Where not otherwise represented below, other claims by the customer - regardless of on which legal grounds they are based - are excluded. arvato is therefore not liable for damages which have not arisen on the document itself; in particular arvato is not liable for loss of earnings or for any other pecuniary loss on the part of the customer. Where the liability of arvato is excluded or limited, then this also applies to the personal liability of employees, representatives and vicarious agents.
The present restrictions on liability do not apply
- where arvato dishonestly withholds information on a defect, or through lack of a property or characteristic for which arvato has undertaken a guarantee,
- where the customer has made claims based on the product liability law,
- where the cause of damage is based on wilful intent or gross negligence or where a case of personal injury caused by arvato (harm to life, body or health) is present.
If arvato through negligence breaches a fundamental duty, then the liability for damage to property is restricted to the damages typically arising. In case of simple negligence is not liable towards an entrepreneur for direct and consequent damages, and in particular is not liable for damages resulting from interruption of operations or loss of earnings; otherwise the liability towards an entrepreneur is restricted to € 50,000.- ; should there be a likelihood of higher damages then the entrepreneur is to draw arvato's attention to this in good time so that the partners to the contract can change this limitation and so that arvato at its own discretion can insure against such damages.
arvato's liability regardless of negligence or default towards an entrepreneur 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.
§9 Final clauses
German law applies, with the exception of the UN convention on contracts for the international sale of goods.
Where the customer is a merchant, a legal person under public law or a special asset under public law, then the sole place of jurisdiction is Gütersloh. arvato reserves the right also to take legal steps against the customer at the customer's place of general jurisdiction.
Should a provision of this contract be or become invalid or should the contract contain an omission, the legal validity of the remaining provisions is unaffected thereby. In place of the invalid provisions or the omission a valid provision is taken to have been agreed upon which comes closest in business terms to the one desired by the parties.
§10 Resolution of disputes
SEAT/CUPRA is not willing or obliged to attend dispute settlement proceedings before a consumer arbitration board.
„Online Dispute Resolution under Article 14 Abs. 1 ODR-VO: EU platform to resolve disputes out-of-court http://ec.europa.eu/consumers/odr/