General Terms of Business (GTB)
§ 1 Scope and object of contract
These GTB apply for the retrieval of electronic service information from the erWin repair and workshop system in the form of a file and for the delivery of service information on CD-ROM, DVD and/or in printed form. The contracting party is AUDI AG.
AUDI AG only assigns use of the service information to traders and private persons subject to the following conditions. This also applies in the case of conflicting purchase conditions on the part of the customer. AUDI AG does not recognise such terms and conditions and does not acknowledge them. Deviations from these GTB are only permitted if they have been approved in writing by AUDI AG. For contracts concluded before 01.04.2008, the existing GTB continue to apply until the subscription has expired. Once the subscription has expired, customers may only place their orders in accordance with these GTB.
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".
The service information is regularly updated. If you have any questions, complaints or other information to impart in connection with an order from the erWIN Webshop, please direct them to: Audi erWin Hotline, Rudolf-Diesel-Str. 5, Emsdetten 48282, e-mail: firstname.lastname@example.org
The contract languages are German and English.
§ 2 Ordering and conclusion of contract
Once an order is placed by the customer, the contract comes into effect when arvato distribution GmbH, on behalf of and for the account of AUDI AG,
- - sends an electronic order confirmation to the buyer for the order and accepts the offer upon conclusion of a contract of sale or
- - receives payment by credit card for such goods that AUDI AG charges to the specified credit card account, otherwise
- - when the goods are shipped.
The retrieval period for electronic service information begins when the electronic order is confirmed or, at the latest, when the customer accesses the data carrier.
§ 3 Right of cancellation for consumers
If the customer is a consumer, he can cancel his contractual acceptance in writing (e.g. letter, fax, e-mail) within two weeks without providing reasons or, if the item is sent to him before the expiry date, by returning the item. The period begins once these instructions have been received in text form, however not before the recipient has received the goods (for the repeat delivery of similar goods, not before the first partial delivery has been received) and also not before AUDI AG has fulfilled its duties to provide information in accordance with § 312c para. 2 BGB (German Civil Code) in conjunction with § 1 para. 1, 2 and 4 BGB-InfoV (German Duty to Inform Regulation) as well as the duties relating to provision of information that apply to AUDI AG in accordance with § 312e para. 1 clause 1 BGB in conjunction with § 3 BGB-InfoV. To meet the cancellation deadline, it is sufficient to post the notice of cancellation or the item in good time. The notice of cancellation should be sent to: Audi erWin Hotline, Rudolf-Diesel-Str. 5, Emsdetten 48282, e-mail: email@example.com.
§ 4 Consequences of cancellation for consumers
In the case of successful cancellation, any services received on either side are to be returned and, if applicable, any usage advantages (e.g. interest) are to be refunded. If the customer is not able return the service received to AUDI AG in full or in part, or if it is no longer "as new", he must, where applicable, pay compensation at the appropriate value. For the return of items, this does not apply if the damage caused to the item is solely attributable to its testing — as it could have been for the customer in the retail store. For the rest, the customer can avoid the obligation to compensate for damage caused to the item through normal use by not using the item as if it were his own and forbearing anything that could impair its value. Items sent by post are sent at the risk of AUDI AG. The customer shall bear the cost of returning items if the goods delivered correspond to the goods ordered and if the price of the item to be sent back does not exceed EUR 40 or, in the event that the price of the item is higher at the time of cancellation, if the customer is yet to reciprocate or has made a contractually agreed partial payment. Otherwise, returns are free for the customer. Items that cannot be sent by post must be collected from the customer. Obligations to reimburse payments must be fulfilled within 30 days. The deadline begins for the customer when he sends off his notice of cancellation or the item; the deadline for AUDI AG begins upon receipt of the notice or item.
§ 5 Exclusion of the right of withdrawal by the Consumer
The right of cancellation for online retrieval of electronic service information (download) shall expire if the Consumer starts online retrieval prior to the end of the cancellation deadline.
CD-ROM and DVD mail orders, and service information orders in printed form as data packages, may only be cancelled if they have not been opened by the customer.
§ 6 Rights of use and Retrieval Period
The customer shall receive online access to erWin information, allowing it access to electronic service information for Audi vehicles such as repair guides; vehicle-specific information; wiring diagrams; maintenance, more precisely, particular, body maintenance; exhaust service and self-study programmes. The customer also has the right to off-line use of all the information on a PC for a specific period of time (hereinafter referred to as "Retrieval Period"). This use allows information to be viewed on a computer and files to be printed off. The person who ordered the mail-order items is authorised to install, save and use the respective program on a computer for his own purposes.
Each erWin licence may be used by any person and on any computer within a service centre. For use in other service centres, further erWin licences must be obtained in line with the latest price list. Upon expiry of the Contract term, the electronic service information may no longer be viewed.
The following Retrieval Periods are available:
1 hour, 1 day, 1 week, 1 month or 1 year
The electronic Audi quality standards and the Genuine Parts Contract documents may only be used upon payment of an additional nominal fee in accordance with the latest applicable price list. The period of use shall be one year in each case.
Beyond his own rights, the person who placed the order is prohibited from copying the electronic service information and mail-order items, creating files or parts of files or having these created, and making these available to third parties via communication networks. This excludes the right to make backup copies for his own use.
§ 7 Limitations of the period of use
The maintenance and further development of the erWin webshop may temporarily (one hour every 24 hours in each case) limit or interrupt the opportunities for use and/or the provision of the services.
§ 8 Payment
Information on prices is available under product assistant > display all products
. Prices are given in EUR plus VAT at the applicable statutory rate. The prices apply from the place of performance and exclude packaging, insurance and dispatch.
The payment for access to the electronic service information in erWin is due upon order confirmation according to the latest price information in the erWin webshop and must be paid online by credit card. Mail-order items are paid for following invoicing. AUDI AG is entitled to offset these against unsecured or older debts at its own discretion and irrespective of any provisions of the buyer that state otherwise. If charges and interest have already been incurred, AUDI AG is entitled to offset the payment against the following: firstly against the charges, then against the interest and lastly against the principal considerations in the preceding sentence.
A payment is considered effected when AUDI AG has the funds at full disposal. In the event of default, AUDI AG is entitled to charge default interest of 5% above basic interest. AUDI AG’s right to request compensation for any further loss remains unaffected. The customer is only entitled to offset the payment with the express written approval of AUDI AG, if the claim is not contested or if the counter claims have been legally established.
§ 9 Dispatch, delivery and performance time
Goods shall be delivered exclusively by arvato distribution GmbH. For the delivery of mail-order items, the given price excludes a dispatch fee of EUR 5 plus VAT for each order dispatched in Germany, and EUR 10 plus VAT for each order dispatched to all other countries.
The deadlines and time limits defined by AUDI AG are not binding, unless expressly agreed otherwise elsewhere in writing. AUDI AG is entitled to offer partial deliveries and partial services, provided the deliveries are made in the agreed time and the partial deliveries/services are of interest to the customer.
Access to erWin and the opportunity of using electronic service information on the chosen data carrier shall end upon expiry of the chosen Retrieval Period, without the need for termination. Upon expiry of this Retrieval Period, the electronic service information may no longer be viewed.
§ 10 Passing of risk and obligation to give notice of defects
The risk is passed to the customer with the transfer of the goods. If the customer is not the consumer, the risk is passed on at the time the goods are transferred to the person transporting said goods, at the latest however, when the item leaves the AUDI AG or the arvato distribution GmbH warehouse. In the event that AUDI AG is unable to offer dispatch independent of negligence, the risk is passed to the customer with notification of the readiness to dispatch, provided this is not the consumer.
Any deliveries that are identified as faulty must be rejected from the transportation company immediately, and this company must acknowledge the damage. In the event that the buyer is in breach of this obligation to give notice of defects, it is obliged to compensate AUDI AG for any damage resulting from this breach.
If the customer is the consumer, it is obliged to notify AUDI AG in writing of any defects of quality and defects of title within two weeks of detecting the defect. In the event that the buyer is in breach of this obligation to give notice of defects, it is obliged to compensate AUDI AG for any damage resulting from this breach. For business people, the obligation to give notice of defects applies in accordance with § 377 HGB (German Commercial Code).
§ 11 Warranty and limitation
Claims (warranty claims) can be asserted via e-mail or in writing to AUDI AG (please see above for address and phone numbers). Claim returns must be sent to arvato distribution GmbH, Gottlieb-Daimler-Str. 1, 33428 Harsewinkel, Germany. In the event of defects, the customer shall have the right to legal claims.
Customer claims based on defects of quality shall be limited to one year, unless there is fraudulent concealment of the defects or there is a transfer of warranty is by AUDI AG. If the customer is the consumer, the claims based on defects of quality correspond to the statutory provisions of two years.
§ 12 Liability
AUDI AG shall be liable for any personal or physical injury and, more generally, for any damages resulting from any intent and gross negligence in accordance with statutory provisions. Furthermore, AUDI AG shall also be liable in the event of culpable breach of essential contractual obligations or, insofar as AUDI AG fraudulently conceals the defect or transfers a warranty for the delivery item. However, compensation for breach of essential contractual obligations is limited to damages that can reasonably be foreseen and are typical of this type of contract. Liability in accordance with the German Product Liability Act remains unaffected.
No-fault liability of AUDI AG for tenancy rights and similar user relationships, in particular for software, for faults present at contract conclusion is expressly excluded. AUDI AG shall be liable, in particular, for defects, damages or consequential losses that result from a lack of compatibility or interoperability of the software with the customer's systems. The Customer must check the software and the relevant data carrier with an up-to-date virus checker.
The legal statute of limitations apply.
§ 13 Reservation of proprietary rights
All deliveries to AUDI AG shall be carried out under reservation of proprietary rights. Ownership is only transferred to the customer when all delivery obligations relating to AUDI AG are fulfilled. In the event of resale of the goods subject to retention, the customer shall immediately assign the claims resulting form this to AUDI AG. The assigned claim shall serve to secure the AUDI AG goods that are sold. In the event that the goods are resold by the customer together with other goods that do not belong to AUDI AG, the conveyance only applies to the share of the value of the AUDI AG goods in accordance with the AUDI AG invoice.
§ 14 Place of performance, applicable right and place of jurisdiction
The place of performance for all obligations of both contracting parties shall be Ingolstadt, Germany. The contractual relationship and the legal relationships relating to this are governed exclusively by German law. The UN Convention on Contracts for the International Sale of Goods and the application of other laws, contracts etc. is excluded. The place of jurisdiction for all legal disputes arising from this Contract or in connection with this Contract including the way in which the Contract was conceived, shall be Ingolstadt, insofar as the dispute relates to business people or persons who do not have a general place of jurisdiction in inland or whose place of residence or domicile is unknown and insofar as another place of jurisdiction is not prescribed based on strictly binding legal regulations. Audi is also entitled to file a suit at the general place of jurisdiction of the customer.
In the event that provisions of these General Terms and Conditions of Business and the Contract on which they are based are not fully legally valid or cannot be implemented, or they lose their legal validity or feasibility at a later date, this shall not affect the validity of the other provisions of the Contract and the General Terms and Conditions of Business. The contracting parties are obliged to replace the invalid provision with a regulation that comes as close as possible to the economic purpose of the original provision.
§ 15 Amendments to the GTB and services
AUDI AG reserves the right to amend these GTB, insofar as the amendments made in the interest of AUDI AG are just and reasonable for the customer. This shall be the case, in particular, when amendments have no economic drawbacks for the customer, e.g. changes to the registration process, change of contacts, changes to the completeness of the service information etc. as well as changes of the GTB in line with amendments to laws, alterations to or new services, functionalities or content. AUDI AG also reserves the right to amend these GTB at any time. AUDI AG shall inform the customer of each amendment via e-mail or in writing. Each amendment shall form part of the Contract concluded between the contracting parties, unless the customer objects to the amendment via e-mail or in writing within six weeks of being informed of said amendment. If the customer objects to the amendments of the GTB within the specified timeframe, both contracting parties have the right to terminate this Contract without notice.
AUDI AG reserves the right to update, alter or discontinue the functions of individual services. Audi reserves the right to discontinue individual services in full, insofar as this is legally permissible.
As at 01/04/2008
§ 16 Resolution of disputes
Audi 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