User name

Email *

Repeat e-mail *

First name *

Last name *

Type of consumer

Telephone

Street, no. *

City *

Post code *

Country *

Skoda working context

Issue: 01.07.2023

Section 1 Scope and subject matter of the contract

1.1 These Terms and Conditions apply to the retrieval of electronic service information from the erWin repair and workshop system (hereinafter referred to as service information) in file form via download. The contract partner is ŠKODA AUTO a.s..
1.2 ŠKODA AUTO a.s. grants the use of the service information to traders (entrepreneurs according to section 420 of the Czech Civil Code (CLC)) and private individuals (consumers according to section 419 of the CLC) exclusively under the following conditions.
1.3 Traders (entrepreneurs according to section 420 of the CLC) in these Terms and Conditions are natural or legal persons or legal partnerships with legal capacity, with whom a business relationship is entered into, who in doing so act in pursuit of a commercial or self-employed professional activity and who employ trained specialist personnel to carry out repairs. Upon request, the entrepreneur is obliged to submit the necessary documents (e.g. extract from the commercial register, trade licence, etc.) as proof of entrepreneurial status.
1.4 Customers according to the Terms and Conditions are both entrepreneurs and consumers.
1.5 Detailed information on how to order and correct input errors can be found in the About erWin section under "erWin Info Tour" and "Step by Step".
The service information is updated regularly. If you have any questions, complaints or other communications in connection with an order in the erWin online shop, please address them to: e-mail: support.erwin.skoda@skoda-auto.cz
1.6 The language of the contract is German. For customers outside the German-speaking area, the language selected for the online shop interface applies.

Section 2 General obligations of the user

2.1 Any improper use of the ŠKODA AUTO a.s. websites must be avoided; in particular, no security measures may be circumvented that are likely to impair the functionality of the erWin infrastructure, in particular by placing an excessive load on it.
2.2 In addition, no facilities may be used or applications executed which could lead to damage to or a functional failure of ŠKODA AUTO a.s.'s facilities, in particular through changes to the physical or logical structure of the servers or the network of Volkswagen AG or other networks.
2.3 The user is prohibited from using, advertising directly or indirectly or distributing software, scripts or mechanisms in connection with the use of the erWin website.

Section 3 Registration

3.1 The offer is conditional. We reserve the right to make technical changes within reasonable limits.
3.2 The contract between the user and ŠKODA AUTO a.s. for the use of the erWin online shop shall be concluded by means of an offer by the user to use the services of the erWin online shop (registration application) and acceptance (in text form) of this offer by ŠKODA AUTO a.s..
3.3 By registering or pressing the "Register" button during the registration process, the user bindingly declares that they wish to use the online services in accordance with these Terms and Conditions.
3. 4 ŠKODA AUTO a.s. will immediately notify the user of the receipt of the registration application by sending them an e-mail with a link to the erWin online shop. This automated confirmation of receipt does not constitute a binding acceptance of the registration application, but it may be combined with the declaration of acceptance.
3.5 Binding acceptance by ŠKODA AUTO a.s. may be declared as follows:
The user will receive a notification by e-mail to the e-mail address provided in the registration application about the approval or rejection of the submitted registration application.
ŠKODA AUTO a.s. reserves the right to reject the registration application in justified cases.
3.6 The user is obliged to provide the data requested during registration truthfully and completely. The user must keep his personal profile in the erWin online shop up to date. ŠKODA AUTO a.s. assumes no liability for damages resulting from incorrect information provided by the user.
3.7 During the registration process for the erWin online shop, the user chooses a password. Passing on this password to third parties is not permitted. The user undertakes to keep the password secret at all times. The user is responsible for any misuse of their password, including if a third party accesses the erWin online shop using their password. In this case, the user would be subject to the same obligations as in the case of own use.
3.8 ŠKODA AUTO a.s. reserves the right to block the user or the company or to delete access data in the erWin online shop in the event that the user acts in breach of the Terms and Conditions. The user will be informed of this by e-mail.
Likewise, ŠKODA AUTO a.s. reserves the right to delete the user's access data in the erWin online shop if the user has not logged in for more than 24 months for security reasons.
3.9 The User may change their login data at any time under the menu item "My Profile". The user can change the data independently at any time after logging into the erWin online shop. To delete an account, they can go to "My Profile" and delete the account.

Section 4 Order and conclusion of contract

4.1 Before submitting an order, all services/goods selected by the customer are displayed again in the shopping basket for review, together with all essential contractual components, in particular the total price - including taxes and duties - as well as the method of calculating the total price. Any input errors are then recognisable and can be corrected before the binding submission of the order. The Terms and Conditions can be called up again before placing the order. Before submitting the binding offer, these must be accepted by the customer.
4.2 The contract shall be concluded when ŠKODA AUTO a.s. sends an electronic order confirmation of the Customer's order and accepts the offer to conclude a contract for the ordered goods/services. 4.3. The retrieval period of the electronic service information via download begins with the receipt of the order confirmation.

Section 5 Right of cancellation for consumers

5.1. If the Customer is a consumer and the purchase contract was only concluded remotely, the Customer shall have the right to cancel the order.
A consumer is any natural person who enters into a legal transaction either mainly commercially or on a self-employed basis.
ŠKODA AUTO a.s. informs the consumer about the details of the right of cancellation in the cancellation policy below. ŠKODA AUTO a.s. will also provide the consumer with a sample cancellation form.
5.2 The right of cancellation shall expire in the case of a contract for the delivery of digital content not on a physical data medium if ŠKODA has commenced performance of the contract after the customer has expressly consented to ŠKODA commencing performance of the contract before the expiry of the cancellation period and the customer has confirmed his knowledge that by consenting he loses his right of cancellation on commencement of performance of the contract.

Section 6 Use and retrieval period

6.1 Within the framework of the erWin online shop, all registered customers are provided with both free and paid content.
Access to the following areas is free of charge:
Oil approvals
Digital service schedule
The "Digital service schedule" area is only accessible to Customers who identify themselves as traders (entrepreneurs according to Section 420 of the CLC).
For access to electronic service information (repair and maintenance information) for ŠKODA vehicles, in particular repair guides, vehicle-specific information, circuit diagrams, as well as information on maintenance (in particular body repair) and exhaust emissions testing, as well as self-study programmes, the Customer shall receive online access that enables access to the information from erWin.
Furthermore, independently of the computer, the Customer acquires the right to use all information on a PC for a certain period of time (hereinafter referred to as the "retrieval period"). The use includes the visualisation on a computer and the printout of the data.
The purchaser of the shipping items is entitled to install, store and use the respective programme on a computer for his or her own purposes. 6.2 The Customer may only retrieve electronic service information from vehicles for which they have authorisation. This entitlement may be based on the ownership of the vehicle by the customer, on a workshop order by the vehicle owner, or based on comparable factors. 6.3 Each flat rate may be used independently of a computer and person within a ŠKODA dealership. For use in a ŠKODA dealership used by the customer, additional flat rates must be purchased in accordance with the respective current price list. After the end of the contract period, the electronic service information can no longer be made visible.
6.4 The Customer may obtain access to paid information, instructions and documents for one hour, one day, one week, one month or one year. The respective price is displayed in the online shop and in the shopping cart before payment is completed. Once payment has been completed, authorisation to access the purchased information is granted for the following periods:

Hourly access: 60 minutes
Daily access: 24 hours
Weekly access: 7 days
Monthly access: 30 days
Yearly access: 365 days

If the payment is made by credit card, the booked flat rate starts immediately. Separate activation of access to the information is not required.
The selection of the payment method "Prepayment" is possible for payments upwards of 252,00 €. The customer receives the payment information and is obliged to transfer the amount of the booked flat rate within 14 days. After receipt of payment, the Customer will receive an activation email. The booked period of use begins automatically with the subsequent login.

Section 7 Limitations

ŠKODA AUTO a.s. shall make every reasonable effort to ensure full availability and to restore its functionality without unreasonable delay in the event of an interruption. Cases of force majeure (e.g. military conflicts, epidemics and pandemics, natural disasters, industrial disputes) or necessary maintenance, repair or other work on infrastructure belonging to ŠKODA AUTO a.s. or a third party to provide data, content, information or transmission capacities may lead to unavoidable, temporary disruptions or interruptions.
Server failures may mean that documents, instructions or information are temporarily unavailable or downloads are not possible.

8. Rights of use / copyrights

8.1 ŠKODA AUTO a.s. expressly reserves all publication, reproduction, editing, design and/or exploitation rights to the content of the erWin online shop, in particular to the information provided therein. ŠKODA AUTO a.s. is entitled to these rights exclusively and in full. Any infringement is illegal and will be prosecuted under civil and/or criminal law (in particular section 40 of the Czech Copyright Act (CRA)).
8.2 Under no circumstances may the software be used in a manner contrary to the law and/or the contract (incl. infringement of third party property rights or use of unlawfully obtained or processed data). The user shall indemnify ŠKODA AUTO a.s. against all costs, expenses and liability incurred by ŠKODA AUTO a.s. as a result of such use in breach of the law and/or the contract. ŠKODA AUTO a.s. is entitled to delete illegal data without further notice or to block the use of the portal.
8.3 The user is not entitled to reverse engineer, decompile or disassemble the coding of the erWin online shop or systems and software or to take other measures with the same or similar effect, unless (and only to the extent that) applicable law expressly permits this notwithstanding this restriction. A claim for surrender of the source code is excluded.
8.4 ŠKODA AUTO a.s. grants the user a non-exclusive right to use the information accessible in the erWin online shop. Rights of use to ŠKODA AUTO a.s. information acquired via the portal exist only for the user's own use and may not be transferred to third parties. The user undertakes to retain unchanged the protective notices contained in the information, such as copyright notices and other reservations of rights.
8.5 If the user is an authority or a inspection body that receives access to the information or technical data within the scope of the Commission Implementing Regulation EU 2019/621 for the purpose of carrying out roadworthiness tests on motor vehicles, they may use the information or technical data exclusively for these purposes.
8.6 Publication and/or making available and/or passing on of documents, instructions, software and contents is only permitted with the prior consent (conclusion of a licence agreement) of ŠKODA AUTO a.s.. The user must contact the following e-mail address in this regard: support.erwin.skoda@skoda-auto.cz
8.7 Any automatic machine queries (bots) are not permitted; information obtained illegally in this way is not covered by the right of use pursuant to section 6.4.

Section 9 Payment

9.1 Information on the prices for the products offered in the erWin online shop can be found under Products and services > product assistant > Display all products.
The prices stated are in euros plus the statutory VAT. 9.2 The fee for access to the electronic service information in erWin is due in accordance with the current price information in the erWin online shop when the contract is concluded on receipt of the order confirmation and is payable online by credit card or, for a minimum amount of € 252.00, by advance payment by bank transfer. Payment for shipping items will be made after invoicing. Even if the customer has stipulated otherwise ŠKODA AUTO a.s.shall be entitled to offset payments made by the customer against unsecured or older debts at the discretion of ŠKODA AUTO a.s.. If costs and interest have already been incurred, ŠKODA AUTO a.s.shall be entitled to set off the payment first against the costs, then against the interest and lastly against the main services referred to in the preceding sentence. 9.3 A payment shall only be deemed to have been made when ŠKODA AUTO a.s. can freely dispose of the amount. If payment is made in advance, any fees incurred (e.g. for foreign bank transfers) are to be borne by the Buyer. In the event of default, ŠKODA AUTO a.s. shall be entitled to demand interest on arrears. If the Customer is an entrepreneur, they shall pay interest on the monetary debt at a rate of 8 percentage points above the CNB's main refinancing rate (CNB – Czech National Bank, www.cnb.cz) during the period of default. If they are a consumer, they shall pay interest on the monetary debt at a rate of 5 percentage points above the CNB's main refinancing rate (www.cnb.cz) during the period of default. The right on the part of ŠKODA AUTO a.s. to demand compensation for any further damage shall remain unaffected. The Customer shall only be entitled to compensation if ŠKODA AUTO a.s.has expressly agreed in writing, if the claim is undisputed, or if the counterclaims have been legally established.
9.4 If the customer is domiciled outside the Czech Republic, all direct taxes (e.g. withholding tax) levied or paid in the customer's country of domicile on the basis of the remuneration paid to ŠKODA AUTO a.s. shall be borne by the Customer.

Section 10 Dispatch, delivery and service performance time

10.1 In the case of mail-order items, the goods shall be delivered exclusively by Arvato SE. For the delivery of mail-order items, we will charge you a flat-rate shipping fee of €5 plus VAT per order in addition to the stated price for shipping to Germany and EU countries, and €10 plus VAT for shipping to all other
countries. 10.2 The dates and deadlines stated by ŠKODA AUTO a.s. are non-binding unless expressly agreed otherwise in writing. ŠKODA AUTO a.s. shall be entitled to make partial deliveries and render partial services as long as the deliveries are made within the agreed time and the partial deliveries/partial services are of interest to the customer.
10.3 Access to erWin and the possibility of using the electronic service information on the selected data medium ends with the expiry of the selected retrieval period without the need for termination. After this retrieval period has expired, the electronic service information can no longer be made visible.

Section 12 Warranty and limitation period

Customer claims due to material defects expire two years after cancellation or handover of the goods.

Section 13 Liability

13.1 The liability of ŠKODA AUTO a.s. for intent, gross negligence and product liability shall be governed by the statutory provisions; likewise liability regarding injury to body, life or health.
13.2 In cases of simple negligence, the liability of ŠKODA AUTO a.s. shall be limited to the breach of material contractual obligations, such as those which the respective contract specifically imposes on ŠKODA AUTO a.s. according to its content and purpose or the fulfilment of which makes the proper performance of the respective contract possible in the first place and on the observance of which the user regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of the conclusion of the contract, unless it concerns claims for damages by the customer arising from injury to life, body or health.
13.3 The personal liability of the legal representatives, vicarious agents and employees of ŠKODA AUTO a.s. for damage caused by them through slight negligence is excluded.
13.4 Irrespective of any fault on the part of ŠKODA AUTO a.s., any liability on the part of ŠKODA AUTO a.s. in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.
13.5 ŠKODA AUTO a.s. does not assume any warranty or liability for the availability of the erWin online shop and the information, documents, software and/or instructions provided therein at any time. Liability for damages or consequential damages as well as for financial losses due to a server failure is excluded, unless ŠKODA AUTO a.s. has caused the server failure by gross negligence or intentionally.
13.6. ŠKODA AUTO a.s. accepts no liability for the completeness and accuracy of the information, instructions and/or documents provided in the erWin online shop.
13.7 The customer is responsible for the professional implementation of the information, instructions and/or documents provided in the erWin online shop. Repairs to vehicles must always be carried out by trained specialist personnel. Furthermore, all safety instructions must be observed. The instructions must be followed and the customer must act prudently to avoid accidents, personal injury and damage to property. Before commencing work, the customer must ensure that it always uses the most up-to-date documentation of the available service information.
13.8 Disruptions to the erWin online shop may arise for reasons of force majeure, including strikes, lockouts and official orders, as well as due to technical and other measures which are necessary on the systems of ŠKODA AUTO a.s. or the network operators for proper operation or improvement of the services (e.g. maintenance, repair, system-related software updates, extensions). They may also result from short-term capacity bottlenecks due to service load peaks or from disruptions in the area of third-party telecommunications equipment. In the event of simple negligence on the part of ŠKODA AUTO a.s., compensation for damage caused by delay may be claimed up to a maximum of the order value.
13.9 The contractual partner is solely responsible for providing and maintaining the end devices (e.g. hardware, operating systems, network connections, etc.) and other software as well as connectivity necessary for accessing the portal in order to use the software. It is his or her responsibility to ensure that the configuration and the technical status of the terminal equipment meet the necessary requirements in each case. The costs of remote access by the contracting party (in particular for the required terminal equipment and the contracting party's connection costs) shall be borne by the contracting party and the contracting party alone shall be responsible for the availability of the Internet connection.

Section 14 Compliance with foreign trade law and export controls

14.1 The execution and performance of the contract is subject to the proviso that there are no obstacles to performance due to applicable provisions of foreign trade law and export control. In addition to national foreign trade law and EU export control law, including embargoes or other sanctions, this may also concern extraterritorially applicable export control and sanction regulations of the USA and other countries, insofar as their observance is permissible under EU legislation.
14.2 When using the purchased object, the Buyer shall be responsible for compliance with all applicable foreign trade and export control provisions, laws and regulations, in particular with regard to the import, export, re-export or use of the purchased object.
14.3 By placing its order, the Buyer expressly declares that it is not prohibited under any applicable export control or sanctions regulations from receiving and using the object of purchase.
14.4 The Buyer acquires the object of purchase exclusively for civil use. (Para)military, armament, nuclear or weapons-related use is excluded.

Section 15 Place of Fulfilment, Applicable Law and Jurisdiction

15.1 The place of fulfilment for all obligations of both contracting parties is Mladá Boleslav (CZ). The contractual relationship and the legal relationships in connection therewith shall be governed exclusively by the law of the Czech Republic. The UN Convention on Contracts for the International Sale of Goods and the application of other laws, treaties etc. are excluded. Further mandatory provisions under the law of the state in which a consumer has his habitual residence shall remain unaffected and may be asserted by the customer if he is a consumer. These further-reaching mandatory provisions under the law of the other country include, by way of example, any right of cancellation exceeding the provisions of Clause 5 for goods which are not excluded from the right of cancellation under the provisions of the law of the other country, further possibilities of set-off than those set out in Clause 9.3 or longer limitation periods for claims for defects than those set out in Clause 12.
The jurisdiction for all legal disputes arising from or in connection with the contract, including the question of its conclusion, shall be Mladá Boleslav (CZ), insofar as it concerns merchants or persons who have no general place of jurisdiction in Germany or whose place of residence or domicile is unknown and insofar as no other jurisdiction is prescribed as binding on the basis of mandatory legal provisions. ŠKODA AUTO a.s. shall also be entitled to take legal action at the general jurisdiction of the contractual partner.
15. 2 Contradictory terms and conditions or terms and conditions deviating from these Terms and Conditions may be agreed upon. A separate written agreement is required for this purpose. 15.3 Should any of the above conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining conditions.
15.4 Neither Party shall be responsible for any partial or complete non-performance or late performance of any obligation under the Contract if the reasons for this are within the reasonable objective control of that Party. This may include, in particular, natural events, earthquakes, fire, floods, pandemics, epidemics, plagues, embargoes, riots, sabotage, attacks on IT systems by third parties (e.g. attacks by hackers), acts or omissions by public authorities, war, acts of sabotage or terrorist attacks.

Section 16 Amendments to the Terms and Conditions

ŠKODA AUTO a.s. reserves the right to amend these Terms and Conditions. ŠKODA AUTO a.s. will notify the Customer of the respective change by e-mail or in writing. Changes to these Terms and Conditions shall only become effective with your consent.

Section 17 Notice pursuant to section 20d of the Consumer Protection Act

The European Commission provides a platform for online dispute resolution.
The platform can be found at http://ec.europa.eu/consumers/odr/.
__________________________________________________________________
CLC - Civil Code (Act no. 89/2012 Sb.)
CRA - Copyright Act (Act no. 121/2000 Sb.)
Consumer Protection Act - (Act no. 634/1992 Sb.)

Cancellation policy
Consumer right of cancellation
If you are acting as a consumer, the following right of cancellation applies:

Right to withdraw consent
You have the right to cancel this agreement within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of cancellation, you must send us

ŠKODA AUTO a.s.
tř. Václava Klementa 869
29301 Mladá Boleslav
Czech Republic

e-mail: support.erwin.skoda@skoda-auto.cz

a clear declaration (e.g. a letter sent by post) of your decision to revoke this contract. You may use the sample cancellation form attached, but this is not mandatory.
In order to comply with the cancellation period, it is sufficient to send the notice of cancellation before the cancellation period expires.

Consequences of cancellation
If you cancel this agreement within the cancellation period, we must refund you all payments that we have received from you, including delivery costs (except any additional costs due to your choosing a delivery method other than the cheapest standard delivery we offer). This will be done promptly, not more than 14 days from the day we receive notice of your cancellation of the agreement. We will use the same method of payment for the refund that you used in the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged as a result of this refund. We are entitled to refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is deemed to have been met if you send the goods before the
expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of about 10 EUR.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Please note:
The right of cancellation shall expire in the case of a contract for the supply of digital content not on a tangible medium if we have commenced performance of the contract after you have expressly consented to our commencing performance of the contract before the expiry of the cancellation period and you have confirmed your knowledge that by consenting you lose your right of cancellation on commencement of performance of the contract.

Exclusion of the right of cancellation
The order of a CD-ROM or DVD or the service information in printed form as a mail order item can only be revoked if it has not yet been unsealed by the Customer.
To exercise the right of cancellation, you can use the following template cancellation form, which is, however, not mandatory.
Template cancellation form
(If you wish to cancel a contract, please complete and return this form).
To
[Company, address, e-mail: xx@xx]

I/we (*) hereby cancel the contract concluded by myself/us (*) for the purchase of the following goods (*)/the provision of the following service (*): ________________________________________________

Ordered on (*) / received on (*): _________________________________________________

Name of the consumer(s): ________________________________________________

Consumer’s address: ________________________________________________

Consumer’s signature (only if sent on paper): _______________________________________________

Date:
_______________________________________________
(*) Delete as applicable

Special section
Terms and Conditions ODIS
The following Terms and Conditions apply to the retrieval of the ODIS Service diagnostic software.
The paid use of the ODIS-Service diagnostic software is only permitted for traders who are registered as entrepreneurs with erWin online.

Section 1 Scope and subject matter of the contract
1.1 These Terms and Conditions apply to the retrieval of the ODIS-Service diagnostic software (hereinafter: ODIS-Service) from the erWin repair and workshop system in file form via download. The contract partner is ŠKODA AUTO a.s..
1.2 ŠKODA AUTO a.s. grants the use of the service information to traders (entrepreneurs according to section 420 of the CLC) exclusively under the following conditions.
Detailed information on how to order and correct input errors can be found in the ABOUT ERWIN section under "erWin Info Tour" and "Step by Step".
1.3 ODIS is updated regularly. If you have any questions, complaints or other notifications in connection with an order in the erWin online shop, please address them to: support.erwin.skoda@skoda-auto.cz
1.4 The language of the contract is German.

Section 2 General obligations of the user
2.1 Any misuse of the ODIS Service diagnostic software that is contrary to the sole purpose of repairing a ŠKODA vehicle must be refrained from. Furthermore, no safety precautions may be circumvented that are likely to impair the functionality of the diagnostic infrastructure incl. adjacent systems, in particular by placing an excessive load on them.
2.2 In addition, no facilities may be used or applications executed which could lead to damage to or a functional failure of ŠKODA AUTO a.s.'s facilities, in particular through changes to the physical or logical structure of the servers or the network of Volkswagen AG or other networks.
2.3 The customer is prohibited from using, directly or indirectly advertising or distributing any software, scripts or mechanisms in connection with the use of the ODIS Service Diagnostic Software.

Section 3 Order and conclusion of contract
3.1 Before placing an order, all services/goods selected by the customer, with all essential contractual components, in particular the total price - including taxes and duties - as well as, if applicable, the method of calculating the total price, shall be displayed again for review. Any input errors are then recognisable and can be corrected before the binding submission of the order. The Terms and Conditions can be called up again before placing the order. Before submitting the binding offer, these must be accepted by the customer.
3.2 The contract shall be concluded by ŠKODA AUTO a.s. sending an electronic order confirmation of the order to the buyer in response to the customer's order, thereby accepting the offer to conclude a contract for the ordered goods/services. 3.3. The booked flat rate of the diagnostic software ODIS starts from the first diagnostic session.

Section 4 Use and retrieval period
4.1 For the use of the diagnostic software ODIS Service (OBD information), the Customer receives a computer-bound licence which enables the use. Furthermore, they acquire the right to use all information on this PC for a specific period of time (hereinafter referred to as "licence period") on a computer-bound basis. 4.2 Each ODIS service flat rate can be used on several licensed testers of a Volkswagen dealership. Parallel use is only possible with the purchase of further flat rates. For use in a further Volkswagen dealership used by the customer, additional diagnostics flat rates must be purchased in accordance with the respective current price list.
4.3 The Customer may obtain access for one hour, one day, one week, one month or one year to chargeable information, instructions and documents. The respective price is displayed in the online shop and in the shopping cart before payment is completed. Upon completion of payment, authorisation to use the licensed diagnostics software ODIS Service is granted for the following periods:

Hourly flat rate: 60 minutes
Daily flat rate: 24 hours
Weekly flat rate: 7 days
Monthly flat rate: 30 days
Yearly flat rate: 365 days

The activation of the flat rate starts with the beginning of a diagnostics session. It cannot be interrupted and ends with the expiry of the described term. If the flat rate ends during an ongoing diagnostics session, this session can be completed.
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 a diagnostics session is started when the flat rate expires, it can still be carried out. After booking a flat rate, a partial refund of the unused term is not possible.

Section 5 Limitations
ŠKODA AUTO a.s. shall make every reasonable effort to ensure full availability and to restore its functionality without unreasonable delay in the event of an interruption. Cases of force majeure (e.g. military conflicts, epidemics and pandemics, natural disasters, industrial disputes) or necessary maintenance, repair or other work on technical facilities which either belong to ŠKODA AUTO a.s. or a third party involved or are used to provide data, content, information or transmission capacities may lead to unavoidable, temporary disruptions or interruptions.
Server failures can lead to documents, instructions or information being temporarily unavailable or diagnostics work not being possible.

6. Rights of use / copyrights
6.1 ŠKODA AUTO a.s. expressly reserves all publication, reproduction, editing, design and/or exploitation rights to the contents of the ODIS Service Diagnostics System, in particular to the information provided therein ŠKODA AUTO a.s. is entitled to these rights exclusively and in full. Any infringement is illegal and will be prosecuted under civil and/or criminal law (in particular section 40 of the CRA).
6.2 Under no circumstances may the use be made in a manner contrary to the law and/or the contract or for purposes contrary to the law and/or the contract (incl. infringement of third party property rights or use of unlawfully obtained or processed data). The user shall indemnify ŠKODA AUTO a.s. against all costs, expenses and liability incurred by ŠKODA AUTO a.s. as a result of such use in breach of the law and/or the contract. ŠKODA AUTO a.s. is entitled to block access without further notice in the event of unlawful use.
6.3 The user is not entitled to reverse engineer, decompile, disassemble, or take any other action with the same or similar effect with respect to the coding of the ODIS Service Diagnostics Software and its components and involved systems or interfaces,
INTERNAL
unless (and only to the extent that) applicable law expressly permits it notwithstanding this limitation. A claim for surrender of the source code is excluded.
6.4 ŠKODA AUTO a.s. grants the user of the ODIS Service Diagnostics Software a simple right of use. Rights of use to ŠKODA AUTO a.s. information acquired through ODIS Service Licensing exist only for the user's own use and may not be transferred to third parties. The user undertakes to retain unchanged the protective notices contained in the information, such as copyright notices and other reservations of rights.
6.5 Publication and/or making available and/or passing on of documents, instructions, software and contents is only permitted with the prior consent of ŠKODA AUTO a.s.. The user must contact

ŠKODA AUTO a.s.
tř. Václava Klementa 869
29301 Mladá Boleslav
Czech Republic

e-mail: support.erwin.skoda@skoda-auto.cz

in this regard.
6.6 Any automatic machine queries (bots) are not permitted; information obtained illegally in this way is not covered by the right of use pursuant to section 6.4.

Section 7 Payment, taxes
7.1 Information on the prices for the products offered in the erWin online shop can be found under Products and services > erWin product assistant > Display all products. The prices stated are in euros plus the statutory VAT. 7.2 The fee for access to the electronic service information in erWin is due in accordance with the current price information in the erWin online shop on conclusion of the contract on receipt of the order confirmation and is payable online by credit card or by advance payment by bank transfer. Payment for shipping items will be made after invoicing. Even if the customer has stipulated otherwise ŠKODA AUTO a.s. shall be entitled to offset payments made by the customer against unsecured or older debts at the discretion of ŠKODA AUTO a.s.. If costs and interest have already been incurred, ŠKODA AUTO a.s. shall be entitled to set off the payment first against the costs, then against the interest and lastly against the main services referred to in the preceding sentence.
INTERNAL
7.3 A payment shall only be deemed to have been made when ŠKODA AUTO a.s. can freely dispose of the amount. If payment is made in advance, any fees incurred (e.g. for foreign bank transfers) are to be borne by the Buyer. In the event of default, ŠKODA AUTO a.s. shall be entitled to demand interest on arrears. During the period of default, the customer shall pay interest on the monetary debt at a rate of 8 percentage points above the CNB's main refinancing rate (CNB – Czech National Bank, www.cnb.cz). The right on the part of ŠKODA AUTO a.s. to demand compensation for any further damage shall remain unaffected. The customer shall only be entitled to set-off if ŠKODA AUTO a.s. has expressly agreed in writing, if the claim is undisputed or if the counterclaims have been legally established.
7.4 If the customer is domiciled outside the Czech Republic, all direct taxes (e.g. withholding tax) levied or paid in the customer's country of domicile on the basis of the remuneration paid to ŠKODA AUTO a.s. shall be borne by the Customer.

Section 8 Warranty and limitation period
Customer rights to claim due to material defects expire within one year from download.

Section 9 Liability
9.1 The liability of ŠKODA AUTO a.s. for intent, gross negligence and product liability shall be governed by the statutory provisions; the same shall apply to liability for injury to body, life or health.
9.2 In cases of simple negligence, the liability of ŠKODA AUTO a.s. shall be limited to the breach of material contractual obligations, such as those which the respective contract specifically imposes on ŠKODA AUTO a.s. according to its content and purpose or the fulfilment of which makes the proper performance of the respective contract possible in the first place and on the observance of which the user regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of the conclusion of the contract, unless the customer's claims for damages arise from injury to life, body or health.
9.3 The personal liability of the legal representatives, vicarious agents and employees of ŠKODA AUTO a.s. for damage caused by them through slight negligence is excluded.
9.4 Irrespective of any fault on the part of ŠKODA AUTO a.s., any liability on the part of ŠKODA AUTO a.s. in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.
9.5 ŠKODA AUTO a.s. assumes no warranty and liability for the availability at any time of the ODIS Service system components and participating systems, as well as the information, documents, software and/or instructions provided therein. Liability for damages or consequential damages as well as for financial losses due to a server failure is excluded, unless ŠKODA AUTO a.s. has caused the server failure by gross negligence or intentionally.
9.6. ŠKODA AUTO a.s. accepts no liability for the completeness and accuracy of the information, instructions and/or documents provided in ODIS Service.
9.7 The customer is responsible for the professional implementation of the information, instructions and/or documents provided by ODIS-Service. Repairs to vehicles must always be carried out by trained specialist personnel. Furthermore, all safety instructions must be observed. The instructions must be followed and the customer must act prudently to avoid accidents, personal injury and damage to property. Before commencing work, the customer must ensure that it always uses the most up-to-date documentation of the available service information.
9.8 Disruptions to the ODIS Service system components and participating systems may arise for reasons of force majeure, including strikes, lockouts and official orders, as well as due to technical and other measures required on the systems of ŠKODA AUTO a.s. or the network operators for proper operation or improvement of the services (e.g. maintenance, repair, system-related software updates, new features). They may also result from short-term capacity bottlenecks due to service load peaks or from disruptions in the area of third-party telecommunications equipment. In the event of simple negligence on the part of ŠKODA AUTO a.s., compensation for damage caused by delay may be claimed up to a maximum of the order value.
9.9 The contractual partner is solely responsible for providing and maintaining the terminal equipment (e.g. hardware, operating systems, network connections, etc.) and other software necessary for the use of the software, as well as data lines for accessing the ODIS Service and participating systems. It is his or her responsibility to ensure that the configuration and the technical status of the terminal equipment meet the necessary requirements in each case. The costs of remote access by the contracting party (in particular for the required terminal equipment and the contracting party's connection costs) shall be borne by the contracting party and the contracting party alone shall be responsible for the availability of the Internet connection.

Section 10 Compliance with foreign trade law and export controls
10.1 The execution and performance of the contract is subject to the proviso that there are no obstacles to performance due to applicable provisions of foreign trade law and export control. In addition to national foreign trade law and EU export control law, including embargoes or other sanctions, this may also concern extraterritorially applicable export control and sanction regulations of the USA and other countries, insofar as their observance is permissible under EU legislation.
10.2 When using the purchased object, the Buyer shall be responsible for compliance with all applicable foreign trade and export control provisions, laws and regulations, in particular with regard to the import, export, re-export or use of the purchased object.
10.3 By placing its order, the Buyer expressly declares that it is not prohibited under any applicable export control or sanctions regulations from receiving and using the object of purchase.
10.4 The Buyer acquires the object of purchase exclusively for civil use. (Para)military, armament, nuclear or weapons-related use is excluded.

Section 11 Place of Fulfilment, Applicable Law and Jurisdiction
11.1 The place of fulfilment for all obligations of both contracting parties is Mladá Boleslav (CZ). The contractual relationship and the legal relationships in connection therewith shall be governed exclusively by the law of the Czech Republic. The UN Convention on Contracts for the International Sale of Goods, as well as the application of other laws, treaties etc. is excluded. The jurisdiction for all legal disputes arising from or in connection with the contract, including the question of its conclusion, shall be Mladá Boleslav (CZ), insofar as it concerns merchants or persons who have no general place of jurisdiction in inland or whose place of residence or domicile is unknown and insofar as no other jurisdiction is prescribed as binding on the basis of mandatory legal provisions. ŠKODA AUTO a.s. shall also be entitled to take legal action at the general jurisdiction of the contractual partner.
11. 2 Contradictory terms and conditions or terms and conditions deviating from these Terms and Conditions may be agreed upon. A separate written agreement is required for this purpose. 11.3 Should any provisions of these Terms and Conditions and the contract on which they are based be wholly or partially invalid or unenforceable or subsequently lose their validity or enforceability, this shall not affect the validity of the remaining provisions of the contract and the Terms and Conditions.
11.4 Neither Party shall be responsible for any partial or complete non-performance or late performance of any obligation under the Contract if the reasons for this are within the reasonable objective control of that Party. This may include, in particular, natural events, earthquakes, fire, floods, pandemics, epidemics, plagues, embargoes, riots, sabotage, attacks on IT systems by third parties (e.g. attacks by hackers), acts or omissions by public authorities, war, acts of sabotage, or terrorist attacks.

Section 12 Amendments to the Terms and Conditions

ŠKODA AUTO a.s. reserves the right to amend these Terms and Conditions. ŠKODA AUTO a.s. will notify the Customer of the respective change by e-mail or in writing.

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CLC - Civil Code (Act no. 89/2012 Sb.)
CRA - Copyright Act (Act no. 121/2000 Sb.)
Consumer Protection Act - (Act no. 634/1992 Sb.)