General Conditions and Terms for Business for VOLKSWAGEN AG for erWin Webshop
-GTB-

GTB

§ 1 Scope and subject of the contract
§ 2 Ordering and conclusion of the contract
§ 3 Right of revocation for the consumer
§ 4 Usage rights and access period
§ 5 Limitations to usage periods
§ 6 Payment
§ 7 Dispatch, delivery and performance times
§ 8 Transfer of risk and duty of inspection
§ 9 Warranty and limitation period
§ 10 Liability
§ 11 Retention of title
§ 12 Place of delivery, applicable law and court of jurisdiction
§ 13 Changes to GTB and services

§ 1 Scope and subject of contract


These GTB are applicable for the downloading of service information in digital file form from the erWin repair and workshop system, and for the provision of service information on CD-ROM, DVD and/or in printed form. The contractual partner is VOLKSWAGEN AG.

VOLKSWAGEN AG grants the rights of use for service information to commercial organisations (contractor in terms of § 14 BGB - German Civil Code) and private individuals (consumers in terms of § 13 BGB) solely in accordance with the terms set out below. Exact information concerning the type and method of ordering and error correction input can be found under the heading ABOUT ERWIN under "erWin Info Tour" and "Step by Step".

The service information is updated regularly. Should you have questions, complaints or other information relating to an order in erWin Web-shop, please address these to: VOLKSWAGEN erWin Hotline, Rudolf-Diesel-Str. 5, 48282 Emsdetten, Germany; e-mail support@erwin-hotline.de

The contractual language is German. For customers outside the German-language territory, the contractual language is English.

§ 2 Ordering and conclusion of contract


The contract comes into force when arvato distribution GmbH sends an electronic order confirmation in response to the customer's order on behalf of and to the account of VOLKSWAGEN AG, and the offer therefore assumes the conclusion of a contract of sale.

Alternatively, the contract comes into force upon receipt of prepayment, payment by credit card when Volkswagen AG debits the specified credit card account for the corresponding goods, or when the goods are dispatched.

The access period for the digital service information commences with the confirmation of the electronic order, or at the latest upon receipt of the data storage medium by the customer.

§ 3 Right of revocation for the consumer


If the customer is a consumer under the terms of § 13 BGB and the contract was concluded under the exclusive use of telecommunication media, the customer can revoke their contractual statement within 14 days, without a statement of reasons, in writing (e.g. letter, fax, e-mail) or - if the item has been delivered before the deadline has expired - by returning the item. The term commences following receipt of this revocation policy in written form, not however before delivery of the goods to the consignee (for recurrent deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfilment of the obligation to provide information by VOLKSWAGEN AG in accordance with article 246 § 2 in relation to § 1 para. 1 and 2 EGBGB (Introductory Law to the German Civil Code) as well as the obligations of Volkswagen AG in accordance with § 312e para. 1 section 1 BGB in relation to article 246 § 3 EGBGB.
The customer will receive separate information about the terms of their right of revocation immediately following these sales conditions.

§ 4 Usage rights and access period


The customer will be given an online authorisation for erWin which allows access to digital service information (OBD, repair and maintenance information) for VOLKSWAGEN vehicles, in particular repair guidance, vehicle-specific information, circuit diagrams, precise maintenance guidance, bodywork repair, exhaust emissions testing, self-study programs and diagnostic software (OBD information). The customer also acquires the right to use all the information on an unspecified computer for a specified period (henceforth referred to as "download period"). Usage covers its display on a computer and printing of data. The person ordering mail-order items has the right to install, save and use the respective program on a computer for their own use.

Each erWin licence may be used by any person on any computer within a particular repair shop. For usage in a further repair shop, additional licences must be purchased in accordance with the current price list for each. Once the contractual period has elapsed, the digital service information can no longer be displayed.

The following download periods are available:

1 hour, 1 day, 7 days, 30 days or 365 days

Under the rights granted to him, the person making the order is forbidden to make copies of digital service information and mail-order items, of files or parts thereof, or to have copies made and to grant third parties access via communication networks. Copies made for backup purposes for own usage are excluded.

If a customer who has effected a retrieval by downloading revokes his contractual statement in accordance with clause 3 of these GTB, the usage rights to the digital service information are terminated with immediate effect. The customer is obliged to delete the downloaded file permanently without delay following revocation. Unless revocation is not excluded, service information which was delivered on CD-ROM, DVD and/or in printed form must be sent back upon revocation.

§ 5 Limitations to usage periods


As a result of maintenance of and enhancements to the erWin-Webshop, availability for usage and/or access to the service may be temporarily (up to 1 hours in each 24 hour period) limited or suspended.

§ 6 Payment


Information on prices can be found under products and services > product assistant > display all products. All prices are quoted in Euro plus VAT at the respective statutory rate. The prices are applicable from the place of delivery excluding postage, packing and insurance.

Remuneration for access to digital service information in erWin is to be made in accordance with the current price information in the erWin-Webshop, due upon confirmation of the order and to be paid online by credit card, or by prepayment via bank transfer. Payment for mail-order articles is due after invoicing. Despite any provisions by the purchaser to the contrary, VOLKSWAGEN AG reserves the right to choose to offset payments against unsecured or older debts. If costs and interest have already been incurred, VOLKSWAGEN AG is entitled to offset the payment against the costs first, then against the interest and finally against the principal service listed in the paragraph above.

A payment is only deemed to have been made when VOLKSWAGEN AG has unrestricted access to the full sum. The purchaser is liable for any collection charges or other expenses. Prepayments may incur fees (e.g. foreign currency transfers) for which the purchaser is liable. In the event of overdue payment, VOLKSWAGEN AG is entitled to charge interest at 5% above the base rate on arrears. The right of VOLKSWAGEN AG to claim compensation for any additional damages remains unaffected. The customer is only entitled to set-off if VOLKSWAGEN AG has expressly agreed to this in writing, the claim is undisputed or if counterclaims have been legally recognised.

§ 7 Dispatch, delivery and performance time


arvato distribution GmbH shall be solely responsibility for delivery of the goods. For the delivery of mail-order items, we charge a flat-rate postage fee of €5.00 plus VAT for each order for dispatch within Germany, and €10.00 plus VAT for dispatch to all other countries, in addition to the stated price.

The dates and deadlines named by VOLKSWAGEN AG are not binding unless otherwise specifically agreed in writing. VOLKSWAGEN AG is entitled to make partial deliveries and render partial services as long as deliveries are made within the agreed time and the partial deliveries/partial services are in the interest of the customer.

Access to erWin and the opportunity to use the digital service information on the selected data medium is terminated upon conclusion of the download period, without requiring notice. Once the download period has elapsed, the digital service information can no longer be displayed.

§ 8 Transfer of risk and duty of inspection


The risk is transferred to the customer upon receipt of the goods. If the customer is not the consumer, the risk is transferred to the person responsible for transport upon handover of the goods, at the latest when the object leaves the VOLKSWAGEN AG or arvato distribution GmbH storage facility. In the event that dispatch is not possible without any fault on the part of VOLKSWAGEN AG, the risk passes to the customer upon notification of readiness for dispatch, provided that the customer is not the consumer.

Dispatches exhibiting recognisable damage are to claimed immediately from the commercial carrier responsible for the delivery, who is obliged to acknowledge the damage. If the purchaser breaches this duty of inspection, he is obliged to compensate VOLKSWAGEN AG for the damages incurred.

As far as the customer is the consumer, he is obliged to notify VOLKSWAGEN AG in writing of any material defects or defects of title within two weeks of establishing the defect. If the purchaser breaches this duty of inspection, he is obliged to compensate VOLKSWAGEN AG for the damages incurred. For traders, the notification duty applies in accordance with § 377 HGB (German Commercial Code).

§ 9 Warranty and limitation period


Complaints (warranty claims) can be asserted by e-mail or in writing from VOLKSWAGEN AG. Return consignments due to claims must be sent to arvato distribution GmbH, Gottlieb-Daimler-Str. 1, 33428 Harsewinkel, Germany. The customer has legal rights to statutory claims in the event of defects.

Customer claims for material defects elapse within one year, unless there is evidence of fraudulent non-disclosure of defects, or VOLKSWAGEN AG has assumed a guarantee for the quality of the goods. If the customer is also the consumer, claims for material defects elapse after a period of two years in accordance with the legal terms and conditions.

§ 10 Liability


VOLKSWAGEN AG is liable in the event of injury to life, body or health as well as for all damages resulting due to intent or gross negligence according to the legal terms and conditions. Furthermore, VOLKSWAGEN AG will only assume liability, irrespective of the legal basis, in the event of a culpable violation of fundamental contractual obligations or as far as VOLKSWAGEN AG has fraudulently concealed defects or provided a guarantee for the quality of the item delivered. Compensation for the violation of fundamental contractual obligations is however limited to foreseeable damage typical of the contract. Liability according to the product liability laws remains unaffected.

VOLKSWAGEN AG's liability without fault under rental law and similar usage conditions, in particular for software, is expressly excluded for faults already existing upon conclusion of the contract. VOLKSWAGEN AG assumes no liability for defects, damage or consequential damage arising from a lack of compatibility or interoperability of the software with the customer's systems. It is the customer's responsibility to scan the software and the respective data storage medium with an up-to-date virus scanning program.

The statutes of limitation periods apply.

§ 11 Retention of title


All deliveries by VOLKSWAGEN AG are made subject to retention of title. The title is only transferred to the customer when all obligations to VOLKSWAGEN AG arising from the delivery have been fulfilled. If the method of payment is prepayment, the payment obligation is only then considered fulfilled when the full amount owing has been credited to Volkswagen AG's bank account. In the event of resale of goods subject to retention of title, the customer immediately assigns any claims arising to VOLKSWAGEN AG. The claim which has been assigned serves as security for the goods sold by VOLKSWAGEN AG. In the event that the customer resells the goods together with other goods not belonging to VOLKSWAGEN AG, the assignment of the claims shall only apply to the value of the proportion of VOLKSWAGEN AG goods concerned according to the invoice issued by VOLKSWAGEN AG.

§ 12 Place of delivery, applicable law and court of jurisdiction


Place of delivery for all obligations of both contractual parties is Wolfsburg. The law of the Federal Republic of Germany applies exclusively to the contractual relationship and all associated legal relationships. The UN Convention on Contracts for the International Sale of Goods, as well the application of other laws, contracts etc. is excluded. Court of jurisdiction for all legal disputes arising from, or in association with, the contract, including the question of its validity, is Wolfsburg, as far as it concerns traders or persons who do not have their general place of jurisdiction in Germany or whose place of residence is unknown and as far as no other court of jurisdiction is binding due to mandatory statutory regulations. VOLKSWAGEN is also entitled to file suit at the customer's general court of jurisprudence.

Should the provisions of these terms and conditions of business and the contract based upon them be held void or be unenforceable, either completely or in part, or subsequently lose their validity and practicability, the validity of the remaining contractual provisions and terms and conditions of business shall remain unaffected. The contractual partners are obliged to replace the invalid provision with one that approximates the economic intent of the ineffective provision as closely as possible.

§ 13 Changes to the GTB and services


VOLKSWAGEN AG reserves the right to change these GTB provided the customer can be reasonably expected to accept the changes while taking the interests of VOLKSWAGEN AG into account. This is particularly the case when the changes have no economic disadvantages for the customer, e.g. changes to the registration process, changes to contact persons, changes or completion of the service information offer, or similar, as well as modification of the GTB stipulated by legal amendments, changed or new services, functionalities or contents. Furthermore, VOLKSWAGEN AG reserves to right to change these GTB at any time. VOLKSWAGEN AG will inform the customer of the relevant change by e-mail or in writing. If the customer raises no objection to the change within a period of six weeks following notification, the respective change will become a constituent part of the contract existing between both contractual parties. Provided that the customer raises an objection to changes to the GTB within the permitted period, both contractual partners have the right to terminate this agreement with immediate effect.

VOLKSWAGEN AG reserves the right to update, to change or to suspend the functions of individual services. VOLKSWAGEN also reserves the right to discontinue individual services completely to the extent permitted by law.

Dated 10.09.2009

§ 14 Resolution of disputes

Volkswagen is not willing or obliged to attend dispute settlement proceedings before a consumer arbitration board.
„Online Dispute Resolution under Article 14 Abs. 1 ODR-VO: EU platform to resolve disputes out-of-court http://ec.europa.eu/consumers/odr/.“

Revocation policy

Right of revocation for consumers (§ 13 BGB)


You can revoke the contractual agreement within 14 days, without statement of reasons, in writing (e.g. letter, fax, e-mail) or - if the item has been delivered before the deadline has expired - by returning the item. The period commences following receipt of these instructions in written form, not however before delivery of the goods to the consignee (for recurrent deliveries of similar goods, not before receipt of the first partial delivery) and also not before the obligation by VOLKSWAGEN AG to provide information has been fulfilled in accordance with article 246 § 2 in relation to § 1 para. 1 and 2 EGBGB as well as the obligations of Volkswagen AG in accordance with § 312e para. 1 section 1 BGB in relation to article 246 § 3 EGBGB. The revocation period has been met if the revocation notice or the merchandise has been dispatched prior to the deadline. Address the revocation to:
Volkswagen AG
erWin-hotline
Rudolf--Diesel-Str. 5,
48282 Emsdetten, Germany.
E-mail: support@erwin-hotline.de

Consequences of revocation


In the event of a valid revocation, the services received on both sides are to be returned and, if applicable, any benefits derived (e.g. interest) refunded. If you are not able to return the service received in full or in part, or only in a deteriorated condition, you may be liable to provide compensation. This does not apply to returnable objects if the deterioration of the item can be attributed exclusively to the inspection of the item - such as may occur in a retail outlet. Furthermore you can avoid the obligation to pay compensation for deterioration caused by the intended and regular use of the item by not using the item as your property and refraining from actions which diminish the value of the goods.

Items suitable for dispatch by parcel are to be sent back at the risk of VOLKSWAGEN AG. You must pay the costs for the return if the delivered goods comply with the ordered goods and if the price of the goods returned does not exceed 40 Euro or if, in the event of a higher price, the customer has not yet paid the agreed consideration or the contractually agreed part payment. In all other cases, you will incur no costs for the return. Items not suitable for dispatch by parcel will be collected. Obligations to reimburse payments must be honoured within 30 days. The term begins for you once the notice of revocation of the item has been sent, for VOLKSWAGEN AG upon its receipt.

Exclusion of revocation rights


The ordering of CD-ROMs or DVDs or service information in printed form by mail order can only be revoked as long as they have not been unsealed by the customer.

Your Volkswagen AG


Chairman of the supervisory board: Hans Dieter Pötsch
Chairman of the board: Herbert Diess
Board of directors: Oliver Blume, Gunnar Kilian, Hiltrud Werner, Andreas Renschler, Abraham Schot, Stefan Sommer, Frank Witter
Postal address: Berliner Ring 2, 38436 Wolfsburg, Germany
Tel.: +49-5361-9-0
Fax: +49-5361-9-28282
E-Mail: vw@volkswagen.de

VOLKSWAGEN AG is registered in the Commercial Registry of the Braunschweig Municipal Court, number HRB 100484.

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