Par. 1 Scope and object of the contract
1.1 These T&Cs apply for the accessing of electronic service information from the erWin repair and workshop system (referred to in the following as service information) in the form of downloaded files. The contractual partner is ŠKODA AUTO a.s.
1.2 ŠKODA AUTO a.s allows the service information to be used by traders (contractors as per Par. 420 BGB et seq. BGB (Civil Code)) and private persons (consumer as per Par. 419 BGB (Civil Code)) under the following conditions only.
1.3 Traders (contractors as per Par. 420 et seq. BGB (Civil Code)) as per these terms and conditions are natural persons or legal entities or associations with a legal capacity with whom a business relationship is created who in the process act by practising a commercial or self-employed occupational activity and who are involved directly or indirectly in maintenance and repair of vehicles with the trained specialist staff as per Regulation (EU) 2018/858. Including repair companies, manufacturers or distributors of workshop equipment, tools or spare parts, publishers of technical information, automobile associations, breakdown services, providers of inspection and testing services, organisations for training and further education of mechanics and manufacturers and repair staff for equipment for vehicles which run on alternative fuels.
On request, the contractor is required to submit the required documents (e.g. extract of company register, trade licence etc.) to certify contractor status.
1.4 Detailed information on the type and method of ordering and on reporting of incorrect entries can be found in the section "About erWin" under the headings "erWin Info Tour" and "Step by Step".
The service information is updated regularly. If you have questions, complaints or other messages related to an order in the erWin webshop, please send them to:
E-mail: support.erwin.skoda@skoda-auto.cz
1.5 The contract language is German. For users outside of German-speaking countries, the language selected for the webshop interface is definitive.
Par. 2 General obligations of the user
2.1 Any misuse of the websites of ŠKODA AUTO a.s. is prohibited, in particular, security measures which are capable of compromising the functionality of the erWin infrastructure, above all of overloading it, must not be circumvented.
2.2 Furthermore, no facilities or applications must be used which can cause damage to or the failure of the facilities of ŠKODA AUTO a.s, in particular as a result of changes to the physical or logical structure of the servers or the network of ŠKODA AUTO a.s. or other networks.
2.3 The user must not use, directly or indirectly promote or distribute software, scripts or mechanisms in conjunction with the erWin website.
2.4 In the event of culpable infringement of the terms and conditions by the user, a contractual penalty - set at the reasonable discretion of ŠKODA AUTO a.s. and, in case of dispute, reviewed by the competent jurisdiction - must be paid to ŠKODA AUTO a.s..
Par. 3 Registration
3.1 The offer is subject to change. Subject to technical changes within reason.
3.2 The contract on use of the erWin webshop between the user and ŠKODA AUTO a.s. is concluded as a result of an offer from the user of wishing to use the services of the erWin webshop (registration request) and acceptance (in text form) of this offer by ŠKODA AUTO a.s..
3.3 With registration, i.e. by pressing the "Register" button in the course of the registration process, the user expressly declares to wish to use the online services in accordance with the provisions of these terms and conditions. If the user is a trader as per Par. 1 Clause 1.3 of this agreement, and also makes his/her access and the data accessible via erWin available to employees of his/her operation, the user commits to inform his/her employees on these terms and conditions and oblige them to comply.
3.4 ŠKODA AUTO a.s. will inform the user immediately of receipt of the registration request by sending an e-mail with a link to the erWin webshop. This automated confirmation of receipt does not represent binding acceptance of the registration request. However, it can be combined with the acceptance declaration.
3.5 Binding acceptance by ŠKODA AUTO a.s. can be declared as follows:
The user receives notification by e-mail, sent to the e-mail address specified by him/her in the course of the registration request, of the approval or rejection of the submitted registration request. ŠKODA AUTO a.s. reserves the right to reject the registration request in justified cases.
3.6 The user is obliged to provide the data requested during registration truthfully and in full. The user must keep his/her personal erWin webshop profile up-to-date. ŠKODA AUTO a.s. assumes no liability for damages resulting from incorrect data submitted by the user.
3.7 In the course of the registration request for the erWin webshop, the user selects a password. The user is responsible of any misuse of his/her password.
3.8 ŠKODA AUTO a.s. reserves the right to block the user, i.e. revoke access to the erWin webshop, if the user violates the terms and conditions. The user is informed of this by e-mail.
ŠKODA AUTO a.s. also reserves the right for security purposes to revoke the user’s access to the erWin webshop if the user has not logged in for more than 13 months.
3.9 The user can change his/her registration data at any time by selecting the menu item "My profile". The user can change the data in the erWin webshop himself/herself at any time after logging in. In order to disable his/her access, the account can be deleted in the section "My profile".
Par. 4 Order placement and conclusion of the agreement
4.1 Before placing an order, all the services selected by the user, with all the essential contractual elements, in particular the total price – including taxes and duties – and the type of calculation of the total price, are displayed again in the shopping cart for checking. Any input errors are then identifiable and can be corrected before placing the binding order. The T&Cs can be called up again before placing the order. Before submitting the binding quotation, they must be accepted by the user.
If the user is a trader as per Par. 1 Clause 1.3 of this agreement, and also makes his/her access and the data accessible via erWin available to employees of his/her operation, the user commits to inform his/her employees on these terms and conditions and oblige them to comply. The user is liable for use of erWin by his/her employees in the event that it violates the terms and conditions.
4.2 The contract enters into force when the user places the order, an electronic order confirmation of the order is sent to the customer by ŠKODA AUTO a.s. and the offer to complete a contract for the ordered services is thus accepted.
4.3 The access period for the electronic service information by download starts with access to the order confirmation.
Par. 5 Right of revocation for consumers
5.1 If the user is a consumer, and the contract of sale has been completed by exclusive use of means of telecommunication, the user has a right of revocation.
A consumer is any natural person who completes a transaction for purposes which cannot be attributed to either his/her commercial or professional activity.
ŠKODA AUTO a.s. informs the consumer of the details of the right of revocation in the revocation policy below. ŠKODA AUTO a.s. also provides the consumer with a sample revocation form.
5.2 The right of revocation for a contract relating to the delivery of digital contents not stored on a physical data storage device expires if ŠKODA has started with implementation of the contract after the consumer has expressly confirmed that ŠKODA should start with implementation of the contract before the revocation period expires, and the consumer has acknowledged that, by way of the consumer’s acceptance, the consumer relinquishes his/her right of revocation once implementation of the contract begins.
Par. 6 Use and access period
6.1 Registered private persons
Within the scope of the erWin webshop, all registered private persons are provided with both contents free of charge and contents which is subject to a charge. Access is provided by way of online access. The private person is afforded the right to use the information provided on a PC for a certain period of time (referred to hereinafter as the "access period"). Use comprises visualisation on a PC and printing out of the files.
Access to the following areas is free of charge:
Oil approvals
Access to the following areas is subject to a charge:
Electronic service information: Workshop manuals, information for individual vehicles (vehicle identification, field campaigns, repair and maintenance information), current flow diagrams, information on servicing (body repairs), information on exhaust emissions testing, self-study programmes
The areas "Digital service schedule" and "Information for individual vehicles (vehicle data)" are not available for registered private persons.
6.2 Registered traders
Within the scope of the erWin webshop, all registered traders as per Par. 1 Clause 1.3 are provided with both contents free of charge and contents which are subject to a charge. Access is provided by way of online access. The trader is afforded the right to use the information provided on a PC for a certain period of time (referred to hereinafter as the "access period"). Use comprises visualisation on a PC and printing out of the files.
Access to the following areas is free of charge:
Oil approvals, digital service schedule
Access to the following areas is subject to a charge:
Electronic service information: Workshop manuals, information for individual vehicles (vehicle identification, field campaigns, repair and maintenance information, vehicle data), current flow diagrams, information on servicing (body repairs), information on exhaust emissions testing, self-study programmes
6.3 Common arrangements for registered private persons and traders
6.3.1 The user can only call up the electronic service information for vehicles for which he/she has authorisation. A condition of this authorisation can be ownership of the vehicle by the user, a workshop order from the vehicle owner or comparable constellations.
6.3.2 Each flat rat can be used at an authorised workshop and is not restricted to a specific computer or individual person. Additional flat rates must be purchased in accordance with the respective current price list for use at a further authorised workshop of the user. After expiration of the contract period, the electronic service information can no longer be displayed.
6.3.3 The user can acquire access to information, instructions and documents which are subject to a charge for one hour, one day, one week, one month or one year. The respective price is displayed in the webshop and before completion of payment in the shopping cart. After completion of payment, authorisation for access to the purchased information is issued for the following periods:
Hour pass: 60 minutes
Day pass: 24 hours
Week pass: 7 days
Month pass: 30 days
Year pass: 365 days
When payment is made by credit card, the booked flat rate period begins immediately. Special activation of access to the information is not required. The payment method "payment in advance" is available for a minimum amount equal to the costs for a month pass. The user receives payment information and is required to transfer the amount for the booked flat rate within 14 days. After receipt of the payment, the user receives an activation mail. 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.
Par. 8 Rights of use/copyright
8.1 ŠKODA AUTO a.s expressly reserves all rights of publication, reproduction, processing, configuration and/or utilisation for the contents of the erWin webshop, in particular for the information provided there. ŠKODA AUTO a.s. holds these rights exclusively and completely. Any infringement is legally inadmissible and shall be prosecuted according to civil and/or criminal law (in particular Par. 40 et seq. UrhG (Copyright Act)).
8.2 Use must not under any circumstances be performed in a way which is in contravention of the law and/or contract, or for purposes which are in contravention of the law and/or contract (including the violation of the property rights of third parties or the use of unlawfully acquired or processed data). A purpose which is in contravention of the contract and/or law is constituted, for instance, if the information from erWin is used in order to make modifications to a vehicle which is used on public roads, which are contrary to intended, legally compliant use (e.g. installation of parts which lead to the expiry of the operating permit of the vehicle).
The user shall indemnify ŠKODA of any costs, expenses and liability which ŠKODA or third parties incur as a result of such use which is in contravention of the law and/or contract. ŠKODA AUTO a.s. shall be authorised to delete unlawful data without notice or disable use of the portal.
8.3 The user is not authorised to reverse engineer the coding of the erWin webshop or systems and systems, to decompile or disassemble them or take any other measures with the same or a similar effect, unless the applicable legislation expressly allows it (and only to the extent to which it is allowed), regardless of this restriction. The user shall not have the right to disclosure of the source code.
8.4 ŠKODA AUTO a.s. grants the user a simple user right for the information accessible in the erWin webshop. User rights for ŠKODA AUTO a.s. information purchased via the portal are for the user’s own use only and must not be transferred to third parties. The user commits to maintaining the protection notices included in the information, such as copyright notices and other legal reservations, unchanged.
8.5 If the user is an authority or testing body granted access to the information or technical data within the scope of Implementing Regulation EU 2019/621 for the purposes of implementation of technical monitoring of motor vehicles, the user is authorised to use the information and technical data for these purposes only.
8.6 Documents, instructions, software and contents must only be published and/or made accessible and/or forwarded with prior approval (completion of a licensing agreement) from ŠKODA AUTO a.s.. For this purpose, the user must make contact at the following e-mail address: support.erwin.skoda@skoda-auto.cz
8.7 Any automatic mechanical queries (bot) are prohibited; information gathered unlawfully in this manner is not covered by the user right as per clause 6.3.3.
Par. 9 Payment
9.1 You will find information on prices for the products offered in the erWin webshop at Products and services > Product assistant > Display all products. The quoted prices are in euros and do not include the statutory value added tax.
9.2 In the event of conclusion of a contract, payment for access to the electronic service information in erWin as per the current price information in the erWin webshop is due on receipt of the order confirmation, and must be made online by credit card. If advance payment is selected for a minimum amount equal to at least a monthly flat rate, payment can also be made by bank transfer. ŠKODA AUTO a.s. has the right to offset the payments of the user against unsecured or older debts of the free choice of ŠKODA AUTO a.s., despite any conditions of the user to the contrary. If costs and interest have already been generated, ŠKODA AUTO a.s. shall be authorised to first offset the costs, then the interest, and finally the main services mentioned in the above sentence.
9.3 Payment is not considered to have been made until ŠKODA AUTO a.s. freely disposes of the full amount. In case of payment in advance, any fees incurred (e.g. in case of international bank transfers) must be paid by the purchaser. In case of default, ŠKODA AUTO a.s. shall have the right to demand interest for default. If the user is a contractor, during the default period, the customer shall be required to pay interest on the debt of 8 percentage points above the main refinancing rate of the ČNB (ČNB – Czech National Bank, www.cnb.cz). If he/she is a consumer, during the default period, he/she shall be required to pay interest on the debt of 5 percentage points above the main refinancing rate of the ČNB (ČNB – Czech National Bank, www.cnb.cz). The right of ŠKODA AUTO a.s. to demand compensation of any damages going beyond this, remains unaffected. The user shall only have the right to offset if ŠKODA AUTO a.s. has expressly agreed in writing, the receivable is undisputed, or if the counterclaims have been established in law.
9.4 If the user is based outside of the Czech Republic, all direct taxes (e.g. withholding tax) which are raised or paid in the state in which the user is registered as a result of the remuneration raised by ŠKODA AUTO a.s., shall be paid by the user.
Par. 10 Performance period
10.1 The dates and deadlines specified by ŠKODA AUTO A.S. are non-binding provided that nothing to the contrary has been agreed and expressly confirmed in writing. ŠKODA AUTO A.S. shall have the right to provide partial services as long as the services are provided within the agreed period and the partial services are of interest to the user.
10.2 Access to erWin and the possibility of use of the electronic service information end when the selected access period elapses without the need for revocation. Once the access period elapses, the electronic service information can no longer be displayed.
Par. 11 Warranty and period of limitation
The statutory periods of limitation apply. User claims due to defects lapse two years from the provision of use of the electronic service information.
Par. 12 Liability
12.1 The liability of ŠKODA AUTO a.s. for wilful intent, gross negligence and product liability is determined by the legal regulations, the same applies for liability for physical injuries, death or damage to health.
12.2 In case of simple negligence, the liability of ŠKODA AUTO a.s. is limited to the infraction against contractual obligations, for instance those which the respective ŠKODA AUTO a.s. contract intends to enforce in accordance with its content and purpose or those which must be fulfilled in order to implement the respective contract properly, and those which the user regularly trust and can trust will be adhered to. This liability is limited to the foreseeable typical damage on conclusion of contract unless claims for compensation for damages from the user from loss of life, physical injury or health damage are affected.
12.3 The personal liability of legal representatives, vicarious agents and company employees of ŠKODA AUTO a.s. for damages caused by them as a result of slight negligence is excluded.
12.4 Regardless of any culpability on the part of ŠKODA AUTO a.s., any liability of ŠKODA AUTO a.s. in the event of Fraudulent non-disclosure of a defect, from the provision of a warranty or a procurement risk, and in accordance with the product liability law, remains unaffected.
12.5 ŠKODA AUTO a.s. does not guarantee nor assume liability for the uninterrupted availability of the erWin webshop and the information, documents, software and/or instructions made available there. A duty to provide compensation for damages or consequential damages or for financial losses as a result of server failure is excluded, provided that ŠKODA AUTO a.s. has not caused the server failure due to gross negligence or wilful intent.
12.6 ŠKODA AUTO a.s. assumes no liability for the completeness and correctness of the information, instructions and/or documents made available in the erWin webshop.
12.7 The user himself/herself is rep for the proper implementation of the implementation, instructions and/or documents made available in the erWin webshop. Repairs and servicing work carried out on vehicles must always be carried out by trained specialist staff. Moreover, all safety instructions must be observed. It is imperative that the instructions be observed and the user must act prudently in order to prevent accidents, personal injuries and material damage. Before starting work, the user must make sure that he/she is always using the current documentation of the service information provided.
12.8 Malfunctions of the erWin webshop can occur due to force majeure, including strikes, lockouts and administrative orders, and due to technical and other measures which are necessary on the systems of ŠKODA AUTO a.s. or the network operator in the interest of the proper running or improvement of the services (e.g. maintenance, repair, system-related software updates, upgrades). They can result from short-term capacity shortages due to load peaks in the services or due to faults in the area of the telecommunication systems of third parties. Compensation for damage caused by default can be requested up to a maximum of the order value in case of simple negligent fault on the part of ŠKODA AUTO a.s..
12.9 The contractual partner is solely responsible for the provision and servicing of the terminals required for use of the software (e.g. hardware, operating systems, network connection etc.) and other software, and the data cable for access to the portal. He/she is responsible for ensuring that the configuration and the technical condition of the terminals meet the respective necessary requirements. The costs for remote access by the contractual partner (in particular for the required terminals and the connection costs of the contractual partner) are covered by the contractual partner and he/she is solely responsible for the availability of the internet connection.
Par. 13 Compliance with foreign trade law and export controls
13.1 Implementation and fulfilment of the contract is under the reserve that there are no obstacles due to applicable regulations of foreign trade law and export controls. Alongside national foreign trade law and the export control law of the EU, including embargoes or other sanctions, this can also affect the export control and sanction rules of the USA and other countries, provided that adherence to them is permitted as per the legal provisions of the EU.
13.2 When using the object of purchase, the user is responsible for adherence to all valid provisions of foreign trade and export control, laws and regulations, in particular in relation to the importing, re-exporting or use of the object of purchase.
13.3 On submission of his/her order, the user expressly declares that, in accordance with applicable export control or sanction regulations, he/she is not prohibited from receiving and using the object of purchase.
13.4 The user acquires the object of purchase exclusively for civilian use. A (para)military use or use related to arms, nuclear energy or weapons technology is strictly forbidden.
13.5 No Russia/No Belarus clause
13.5.1 The user must not export or re-export goods, software and/or technology supplied to him/her within the scope of or in conjunction with this agreement to the Russian Federation and/or the Republic of Belarus, or make them available for use in the Russian Federation and/or the Republic of Belarus. The same applies to the sale, licensing or any other transfer of rights of intellectual property or trade secrets, and to the granting of access rights and rights for further use of material or information which is protected by intellectual property rights or as trade secrets.
13.5.2 The user ensures that the purpose of paragraph (13.5.1) is not subverted by third parties in the supply chain, including possible resellers or sublicensees.
13.5.3 Any breach of the paragraphs (13.5.1) or (13.5.2) represents a substantial breach of a central component of this agreement, and entitles ŠKODA AUTO a.s. to lodge appropriate legal means, including but not limited to:
- Termination of this agreement
- ŠKODA AUTO a.s.’s unilateral right to cease fulfilment of the contract within the scope of or in conjunction with this agreement, either in part of in full.
13.5.4 The user will inform ŠKODA AUTO a.s. immediately of any problems with application of the paragraphs (13.5.1) or (13.5.2), including all relevant activities of third parties which could subvert the purpose of paragraph (13.5.1). Following a unilateral request, the user will provide ŠKODA AUTO a.s. with information on adherence of the obligations from paragraph (13.5.1) and (13.5.2) within two weeks.
Par. 14 Place of performance, applicable law and place of jurisdiction
14.1 The place of performance for all obligations for both contractual partners is Mladá Boleslav (CZ). The contractual relationship and thus the related legal relationships are subject exclusively to the law of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods and the application of other laws, contracts etc. are excluded. Further mandatory provisions in accordance with the legislation of the state in which a user has his/her habitual residence, remain unaffected and can be asserted by the customer, provided that he/she is a consumer. These further mandatory provisions in accordance with the legislation of the other state include, for example, any right of revocation going beyond the right of revocation in clause 5 for a service which is not excluded from the right of revocation in accordance with the legislation of the other state, further offsetting options other than those stated in clause 9.3, or a period of limitation for claims for defects which is longer than those stated in clause 11.
The place of jurisdiction for all legal disputes resulting from or related to the contract, including the question of its realisation, is Mladá Boleslav (CZ), provided that the affected parties are business persons or persons with no general domestic place of jurisdiction, or their place of residence is unknown, and as long as no other binding place of jurisdiction is stipulated as a result of mandatory legal provisions. ŠKODA AUTO a.s. shall also have the right to take legal action in the place of jurisdiction of the contractual partner.
14.2 Conditions which are contrary to or differ from these T&Cs, can be agreed. A separate written agreement is required for this purpose.
14.3 In the event that one of the above conditions should become invalid, either fully or in part, the validity of the other conditions remains unaffected.
14.4 Neither contractual party is responsible for partial or complete non-performance or delayed completion of obligations from the contract if, by reasonable and objective standards, the reasons cannot be influenced by this contractual party. These can in particular include natural events, earthquakes, fire, flooding, pandemics, epidemics, plagues, embargo, sabotage, attacks on IT systems by third parties (e.g. attacks by hackers), the actions or failures of authorities, war, acts of sabotage or terrorist attacks.
Par. 15 Changes to the T&Cs
ŠKODA AUTO a.s. reserves the right to change the T&Cs.
The user is notified of the respective change by ŠKODA AUTO a.s. in an e-mail or in writing. Changes to these T&Cs take effect with your approval.
Section 16 Notice as per Par. 20d of the Consumer Act
The European Commission provides a platform for online resolution of disputes.
The platform can be found at http://ec.europa.eu/consumers/odr/.
T&Cs - Terms and conditions of ŠKODA AUTO a.s. for erWin Online
BGB - Bürgerliches Gesetzbuch (German Civil Code) (law no. 89/2012 Sb.)
UrhG - Urheberrechtsgesetz (Copyright Act) (law no. 121/2000 Sb.)
Consumer Act - (law no. 634/1992 Sb.)
Revocation policy
Right of revocation for consumers
If you are acting as a consumer, the following right of revocation applies:
Right of revocation
You have the right to revoke this contract within fourteen days without the need to state your reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took the goods into possession.
To exercise your right of revocation, you must inform us
ŠKODA AUTO a.s.
tř. Václava Klementa 869
29301 Mladá Boleslav
Czech Republic
E-mail: support.erwin.skoda@skoda-auto.cz
in a clear declaration (e.g. a letter sent by post or by e-mail) of your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose. However, it is not compulsory.
Sending the notification exercising the right of revocation before the revocation period expires is sufficient in order to comply with the revocation period.
Consequences of revocation
If you revoke this contract, we must reimburse you with all payments which we have received from you, including delivery costs (with the exception of additional costs which result from you having selected a different type of delivery to the default economical delivery we offer), immediately and at the latest within 14 days from the day on which we receive the notification of revocation of this contract. For the purposes of this reimbursement, we use the same means of payment that you have used for the original transaction, unless a different arrangement has been expressly agreed with you; we will not under any circumstances invoice you with charges for this reimbursement.
Please note:
The right of revocation for a contract relating to the delivery of digital contents not stored on a physical data storage device expires if we have started with implementation of the contract after you have expressly confirmed that we should start with implementation of the contract before the revocation period expires, and you have acknowledged that, by way of your acceptance, you relinquish your right of revocation once implementation of the contract begins.
Sample revocation form
(If you wish to revoke a contract, please fill our this form and return it to us).
To
[company, address, e-mail: xx@xx, telephone: xx,]
I/we (*) hereby revoke the contract completed by me/us (*) relating to the purchase of the following goods(*)/the provision of the following service (*):
________________________________________________
Ordered on (*)/received on (*):
_________________________________________________
Name of the consumer(s):
________________________________________________
Address of the consumer(s):
________________________________________________
Signature of the consumer(s) (for notification on paper only):
_______________________________________________
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.
Par. 1 Scope and object of the contract
1.1 These T&Cs apply for the call-up of ODIS Service diagnostics software (in the following ODIS Service) in file form from the repair and workshop system erWin via download. The contractual partner is ŠKODA AUTO a.s.
1.2 ŠKODA AUTO a.s allows the service information to be used by traders (contractors as per Par. 420 et seq. BGB (Civil Code)) under the following conditions only.
Detailed information on the type and method of ordering and on reporting of incorrect entries can be found in the section "ABOUT ERWIN" under the headings "erWin Info Tour" and "Step by Step".
1.3 Traders (contractors as per Par. 420 et seq. BGB (Civil Code)) as per these terms and conditions are natural persons or legal entities or associations with a legal capacity with whom a business relationship is created who in the process act by practising a commercial or self-employed occupational activity and who are involved directly or indirectly in maintenance and repair of vehicles with the trained specialist staff as per Regulation (EU) 2018/858. Including repair companies, manufacturers or distributors of workshop equipment, tools or spare parts, publishers of technical information, automobile associations, breakdown services, providers of inspection and testing services, organisations for training and further education of mechanics and manufacturers and repair staff for equipment for vehicles.
On request, the contractor is required to submit the required documents (e.g. extract from company register, trade licence etc.) to certify contractor status as per this clause.
1.4 ODIS is updated regularly. If you have questions, complaints or other messages related to an order in the erWin webshop, please send them to:
support.erwin.skoda@skoda-auto.cz
1.5 The contract language is German.
Par. 2 General obligations of the user
2.1 Any misuse of the ODIS Service diagnostics software which is contrary to the repair purpose of an ŠKODA vehicle, is prohibited. Moreover, security measures must not be bypassed which can compromise the functionality of the diagnostics infrastructure including adjacent systems, above all by subjecting it to an excessive load.
Control device software must only be flashed in accordance with the specifications and instructions in ODIS Service. Use, distribution and reproduction of the control device software files available in erWin outside of the ODIS Service diagnostics system is strictly prohibited.
Examples of compliant use:
• ODIS Service must only be used to install approved vehicle parts or software.
• ODIS Service is used by workshop staff to carry out a diagnosis – this ensures proper repair.
• ODIS Service can be used to collect necessary field data in order to meet legal requirements and improve quality.
Examples of misuse:
• ODIS Service, e.g. software components, data must not be sold to third parties.
• When using ODIS Service, personal user data must not be forwarded.
• The instructions in ODIS Service must be adhered to by the workshop and they must obeyed.
• ODIS Service must not be reproduced or sold without approval
2.2 Furthermore, no facilities or applications must be used which can cause damage to or the failure of the facilities of ŠKODA AUTO a.s, in particular as a result of changes to the physical or logical structure of the servers or the network of Volkswagen or other networks.
2.3 The user must not use, directly or indirectly promote or distribute software, scripts or mechanisms in conjunction with the ODIS Service diagnostics software.
Par. 3 Order placement and conclusion of the agreement
3.1 Before placing an order, all the goods/services selected by the user, with all the essential contractual elements, in particular the total price – including taxes and duties – and, if necessary, the type of calculation of the total price, are displayed again in the shopping cart for checking. Any input errors are then identifiable and can be corrected before placing the binding order. The T&Cs can be called up again before placing the order. Before submitting the binding quotation, they must be accepted by the user.
If the user is a trader as per Par. 1 Clause 1.3 of the ODIS terms and conditions, and also makes his/her access available to employees of his/her operation, the user commits to inform his/her employees on these terms and conditions and oblige them to comply. The user is liable for use of ODIS by his/her employees in the event that it violates the general terms and conditions.
3.2 The contract enters into force when the user places the order, an electronic order confirmation of the order is sent to the purchaser by ŠKODA AUTO a.s. and the offer to complete a contract for the ordered goods/services is thus accepted.
3.3 However, the booked flat rate for the ODIS diagnostics software does not start to run until the first diagnostics session.
Par. 4 Use and access period
4.1 For the use of the ODIS Service diagnostics software (OBD information), the user receives a license which makes use possible on a single computer. He/she also acquires the right to use the information provided on this PC for a certain period of time (referred to hereinafter as the "license period") on the single computer.
4.2 Each ODIS Service flat rate can be used on multiple licensed testers of an authorised workshop. Parallel use is only possible if further flat rates are acquired. Additional diagnostics flat rates must be purchased in accordance with the respective current price list for use at a further authorised workshop of the user.
4.3 The user can acquire access to information, instructions and documents which are subject to a charge for one hour, one day, one week, one month or one year. The respective price is displayed in the webshop and before completion of payment in the shopping cart. After completion of payment, authorisation for use of the licensed ODIS Service diagnostics software is issued for the following periods:
Hourly flat rate: 60 minutes
Daily flat rate: 24 hours
Weekly flat rate: 7 days
Monthly flat rate: 30 days
Annual flat rate: 365 days
The activation of the flat rate starts with the start of a diagnostics session. A break cannot be inserted into the contract period. The flat rate ends once the described contract period expires. If a flat rate ends during an ongoing diagnostics session, this session can be completed.
The option of use of ODIS ends once the selected flat rate expires, starting from the start date of the first diagnostics session, without the need for cancellation. If a flat rate expires during a session which has been started, it can still be completed. After booking a flat rate, there can be no partial refunds for any part of the contract period which remains unused.
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.
Par. 6 Rights of use/copyright
6.1 ŠKODA AUTO a.s. expressly reserves all rights of publication, reproduction, processing, configuration and/or utilisation for the contents of the ODIS Service diagnostics system, in particular for the information provided there. ŠKODA AUTO a.s. holds these rights exclusively and completely. Any infringement is legally inadmissible and shall be prosecuted according to civil and/or criminal law (in particular Par. 40 et seq. UrhG (Copyright Act)).
6.2 As per Par. 2 Clause 2.1 of the ODIS terms and conditions, use must not under any circumstances be performed in a way which is in contravention of the law and/or contract, or for purposes which are in contravention of the law and/or contract (including the violation of the property rights of third parties or the use of unlawfully acquired or processed data). The user shall indemnify ŠKODA of any costs, expenses and liability which ŠKODA or third parties incur as a result of such use which is in contravention of the law and/or contract. In the event of use which is in contravention of the law and/or contract, ŠKODA AUTO a.s. shall have the right to block the user’s access without notice.
6.3 The user is not authorised to reverse engineer the coding of the ODIS Service diagnostics software or its components and associated systems or interfaces to decompile or disassemble them or take any other measures with the same or a similar effect, unless the applicable legislation expressly allows it (and only to the extent to which it is allowed), regardless of this restriction. The user shall not have the right to disclosure of the source code.
6.4 ŠKODA AUTO a.s. grants the user of the ODIS Service diagnostics software a simple user authorisation. User rights for ŠKODA AUTO a.s. information purchased via the ODIS Service licensing are for the user’s own use only and must not be transferred to third parties. The user commits to maintaining the protection notices included in the information, such as copyright notices and other legal reservations, unchanged.
6.5 Documents, instructions, software and contents must only be published and/or made accessible and/or forwarded with prior approval from ŠKODA AUTO a.s.. In relation to this, 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
6.6 Any automatic mechanical queries (bot) are prohibited; information gathered unlawfully in this manner is not covered by the user right as per clause 6.4.
Par. 7 Payment, taxes
7.1 You will find information on prices for the products offered in the erWin webshop at Products and services > Product assistant > Display all products. The quoted prices are in euros and do not include the statutory value added tax.
7.2 In the event of conclusion of a contract, payment for access to the electronic service information in erWin as per the current price information in the erWin webshop is due on receipt of the order confirmation, and must be made online by credit card or in advance by bank transfer. ŠKODA AUTO a.s. has the right to offset the payments of the user against unsecured or older debts of the free choice of ŠKODA AUTO a.s., despite any conditions of the user to the contrary. If costs and interest have already been generated, ŠKODA AUTO a.s. shall be authorised to first offset the costs, then the interest, and finally the main services mentioned in the above sentence.
7.3 Payment is not considered to have been made until ŠKODA AUTO a.s. freely disposes of the full amount. In case of payment in advance, any fees incurred (e.g. in case of international bank transfers) must be paid by the purchaser. In case of default, ŠKODA AUTO a.s. shall have the right to demand interest for default. The user shall be required to pay interest on the debt of 8 percentage points above the main refinancing rate of the ČNB (ČNB – Czech National Bank, www.cnb.cz). The right of ŠKODA AUTO a.s. to demand compensation of any damages going beyond this, remains unaffected. The user shall only have the right to offset if ŠKODA AUTO a.s. has expressly agreed in writing, the receivable is undisputed, or if the counterclaims have been established in law.
7.4 If the user is based outside of the Czech Republic, all direct taxes (e.g. withholding tax) which are raised or paid in the state in which the user is registered as a result of the remuneration raised by ŠKODA AUTO a.s., shall be paid by the user.
Par. 8 Warranty and period of limitation
The statutory periods of limitation apply. User claims due to defects lapse two years from the provision of use of the electronic service information.
Par. 9 Liability
9.1 The liability of ŠKODA AUTO a.s. for wilful intent, gross negligence and product liability is determined by the legal regulations, the same applies for liability for physical injuries, death or damage to health.
9.2 In case of simple negligence, the liability of ŠKODA AUTO a.s. is limited to the infraction against contractual obligations, for instance those which the respective ŠKODA AUTO a.s. contract intends to enforce in accordance with its content and purpose or those which must be fulfilled in order to implement the respective contract properly, and those which the user regularly trust and can trust will be adhered to. This liability is limited to the foreseeable typical damage on conclusion of contract unless claims for compensation for damages from the user from loss of life, physical injury or health damage are affected.
9.3 The personal liability of legal representatives, vicarious agents and company employees of ŠKODA AUTO a.s. for damages caused by them as a result of slight negligence is excluded.
9.4 Regardless of any culpability on the part of ŠKODA AUTO a.s., any liability of ŠKODA AUTO a.s. in the event of Fraudulent non-disclosure of a defect, from the provision of a warranty or a procurement risk, and in accordance with the product liability law, remains unaffected.
9.5 ŠKODA AUTO a.s. does not guarantee nor assume liability for the uninterrupted availability of the ODIS Service system components and associated systems and the information, documents, software and/or instructions made available there. A duty to provide compensation for damages or consequential damages or for financial losses as a result of server failure is excluded, provided that ŠKODA AUTO a.s. has not caused the server failure due to gross negligence or wilful intent.
9.6 ŠKODA AUTO a.s. assumes no liability for the completeness and correctness of the information, instructions and/or documents made available in the ODIS Service.
9.7 The user himself/herself is rep for the proper implementation of the implementation, instructions and/or documents made available in ODIS Service. Repairs and servicing work must always be carried out by trained specialist staff within the scope described by ŠKODA AUTO a.s.. Moreover, all safety instructions must be observed. It is imperative that the instructions be observed and the user must act prudently in order to prevent accidents, personal injuries and material damage. Before starting work, the user must make sure that he/she is always using the current documentation of the service information provided.
9.8 Malfunctions of the ODIS Service system components and associated systems can occur due to force majeure, including strikes, lockouts and administrative orders, and due to technical and other measures which are necessary on the systems of ŠKODA AUTO a.s. or the network operator in the interest of the proper running or improvement of the services (e.g. maintenance, repair, system-related software updates, upgrades). They can result from short-term capacity shortages due to load peaks in the services or due to faults in the area of the telecommunication systems of third parties. Compensation for damage caused by default can be requested up to a maximum of the order value in case of simple negligent fault on the part of ŠKODA AUTO A.S..
9.9 The contractual partner is solely responsible for the provision and servicing of the terminals required for use of the software (e.g. hardware, operating systems, network connection etc.) and other software, and the data cable for access to the ODIS Service. He/she is responsible for ensuring that the configuration and the technical condition of the terminals meet the respective necessary requirements. The costs for remote access by the contractual partner (in particular for the required terminals and the connection costs of the contractual partner) are covered by the contractual partner and he/she is solely responsible for the availability of the internet connection.
Par. 10 Compliance with foreign trade law and export controls
10.1 Implementation and fulfilment of the contract is under the reserve that there are no obstacles due to applicable regulations of foreign trade law and export controls. Alongside national foreign trade law and the export control law of the EU, including embargoes or other sanctions, this can also affect the export control and sanction rules of the USA and other countries, provided that adherence to them is permitted as per the legal provisions of the EU.
10.2 When using the object of purchase, the user is responsible for adherence to all valid provisions of foreign trade and export control, laws and regulations, in particular in relation to the importing, re-exporting or use of the object of purchase.
10.3 On submission of his/her order, the user expressly declares that, in accordance with applicable export control or sanction regulations, he/she is not prohibited from receiving and using the object of purchase.
10.4 The user acquires the object of purchase exclusively for civilian use. A (para)military use or use related to arms, nuclear energy or weapons technology is strictly forbidden.
10.5 No Russia/No Belarus clause
10.5.1 The user must not export or re-export goods, software and/or technology supplied to him/her within the scope of or in conjunction with this agreement to the Russian Federation and/or the Republic of Belarus, or make them available for use in the Russian Federation and/or the Republic of Belarus. The same applies to the sale, licensing or any other transfer of rights of intellectual property or trade secrets, and to the granting of access rights and rights for further use of material or information which is protected by intellectual property rights or as trade secrets.
10.5.2 The user ensures that the purpose of paragraph (10.5.1) is not subverted by third parties in the supply chain, including possible resellers or sublicensees.
10.5.3 Any breach of the paragraphs (10.5.1) or (10.5.2) represents a substantial breach of a central component of this agreement, and entitles ŠKODA AUTO a.s. to lodge appropriate legal means, including but not limited to:
- Termination of this agreement
- ŠKODA AUTO a.s.’s unilateral right to cease fulfilment of the contract within the scope of or in conjunction with this agreement, either in part of in full.
10.5.4 The user will inform ŠKODA AUTO a.s. immediately of any problems with application of the paragraphs (10.5.1) or (10.5.2), including all relevant activities of third parties which could subvert the purpose of paragraph (10.5.1). Following a unilateral request, the user will provide ŠKODA AUTO a.s. with information on adherence of the obligations from paragraph (10.5.1) and (10.5.2) within two weeks.
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.
Par. 12 Changes to the T&Cs
ŠKODA AUTO a.s. reserves the right to change the T&Cs.
The user is notified of the respective change by ŠKODA AUTO a.s. in an e-mail or in writing.
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T&Cs - Terms and conditions of ŠKODA AUTO a.s. for erWin Online
BGB - Civil Code (law no. 89/2012 Sb.)
UrhG - Copyright Act (law no. 121/2000 Sb.)
Consumer Act - (law no. 634/1992 Sb.)