As an independent market participant, you have the opportunity to purchase a multiple-place user licence, if you are registered as a "Company". Following the registration, further information can be obtained under the menu item "Request multiple-place user licence".
LAMBORGHINI ERWIN STORE
The site https://erwin.lamborghini .com offers the Lamborghini Diagnostic Software "ODIS". The Terms and Conditions of Sale and the License Terms can be found here.
TERMS AND CONDITIONS OF USE
This page (together with the documents referred to on it) explains to you the terms of use on which you may make use of our website https://lamborghini.erwin-store.com ("Lamborghini erWin Store") and our diagnostic software product ordering service and license ("Service"), as a guest or a registered user, depending on your situation. Please read these terms of use carefully before you start to use the Lamborghini erWin Store and/or the Service. By using the Lamborghini erWin Store and/or our Service, you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please do not use the Lamborghini erWin Store and/or the Service.
§ 1 INFORMATION ABOUT US
https://lamborghini.erwin-store.com is a Site operated by Arvato SE ("we", "us", "our"). We are registered in Germany and our principle place of business is Reinhard-Mohn-Straße 22, D-33333 Gütersloh, Germany.
§ 2 ACCESSING THE LAMBORGHINI ERWIN STORE
2.1 Access to the Lamborghini erWin Store is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide via the Lamborghini erWin Store or the Site itself without notice (see below). We will not be liable to you if for any reason the Lamborghini erWin Store or the Service is temporarily unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some or all parts of the Lamborghini erWin Store and/or the Service.
2.3 If you choose, or you are provided with, a Lamborghini erWin account or such other user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. No responsibility of any kind could be attributed to Lamborghini or arvato.
2.4 You are responsible for making all arrangements necessary for you to have access to the Lamborghini erWin Store and/or our Service. You are also responsible for ensuring that all persons who access the Lamborghini erWin Store through your internet connection are aware of these terms, and that they comply with them.
§ 3 USE OF THE LAMBORGHINI ERWIN STORE
3.1 To order our products from the Lamborghini erWin Store please follow the instructions on screen. Any order of product shall be construed in accordance to and shall be governed by our Terms and Conditions of Sale/License Terms which can be found here .
3.2 You may not use the Lamborghini erWin Store or its contents:
3.2.1 to download (other than page caching) or modify the Lamborghini erWin Store, or any portion of it; or
3.2.2 for any purpose which is unlawful.
3.3 Lamborghini and arvato reserve the right to take the appropriate actions and to seek damages.
§ 4 INTELLECTUAL PROPERTY RIGHTS
4.1 We are the owner or the licensee of all intellectual property rights in the Lamborghini erWin Store including the Service, and the material published on it . Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
4.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.3 If you print off, copy or download any part of the Lamborghini erWin Store in breach of these terms of use, your right to use the Lamborghini erWin Store will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.4 Using the Lamborghini erWin Store does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
4.5 Lamborghini erWin Store and all logos on the Site are business names and marks which are the property of Arvato SE or Automobili Lamborghini S.p.A.
4.6 In case of violation of the above listed provisions, Lamborghini and arvato reserve the right to take the appropriate actions and to seek damages.
§ 5 THE LAMBORGHINI ERWIN STORE CHANGES REGULARLY
We aim to update the Lamborghini erWin Store and maintain the Services regularly, and may change the content at any time. If the need arises, we may suspend access to the Lamborghini erWin Store or the Services, or close it indefinitely. Any of the material on the Lamborghini erWin Store may be out of date at any given time, and we are under no obligation to update such material. . No responsibility of any kind could be attributed to Lamborghini or arvato for said changes.
§ 6 OUR LIABILITY
6.1 The Lamborghini erWin Store is provided "as is". Whilst we have taken every care in the preparation of the content of the Lamborghini erWin Store we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Lamborghini erWin Store. Except as set out in this condition 6, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law.
6.2 We shall not be liable to any person for any loss or damage which may arise from the use or misuse of the Lamborghini erWin Store or any of the materials on the Lamborghini erWin Store (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill). Nothing in these terms of use shall operate to exclude or restrict our liability for:
6.2.1 death or personal injury resulting from negligence;
6.2.2 fraud or deceit; or
6.2.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
§ 7 INFORMATION ABOUT YOU AND YOUR VISITS TO THE LAMBORGHINI ERWIN STORE OUR LIABILITY
We process information about you in accordance with our Privacy Policy. By using the Lamborghini erWin Store and/or our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate.
§ 8 VIRUSES, HACKING AND OTHER OFFENCES
8.1 You must not misuse the Lamborghini erWin Store or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Lamborghini erWin Store or the Service, the server on which the Lamborghini erWin Store or the Service is stored or any server, computer or database connected to the Lamborghini erWin Store. You must not attack the Lamborghini erWin Store or the Service via a denial-of-service attack or a distributed denial-of-service attack.
8.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Lamborghini erWin Store and our Service will cease immediately.
8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Lamborghini erWin Store and our Service or to your downloading of any material posted on it, or on any website linked to it.
§ 9 LINKS FROM THE LAMBORGHINI ERWIN STORE
Where the Lamborghini erWin Store contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
§ 10 WAIVER
If you breach these terms of use and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
§ 11 ALTERATIONS TO THESE TERMS OF USE
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Lamborghini erWin Store.
§ 12 JURISDICTION AND APPLICABLE LAW
These terms of use are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we. Last Updated: September 20th, 2010 Thank you for visiting the Lamborghini erWin Store.
LAMBORGHINI ERWIN STORE
TERMS AND CONDITIONS OF SALE/LICENSE TERMS
Last Updated: September 20th, 2010
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTShttps://lamborghini.erwin-store.com is a website operated by Arvato SE, a company incorporated under the laws of Germany whose principal place of business is at…Gütersloh, Germany whose registered office is Gütersloh
§ 2 AVAILABILITY
2.1 By ordering Products from the Lamborghini erWin Store, you warrant that:
2.1.1 You are legally capable of entering into binding contracts;
2.1.2 You are at least 18 years old; and
§ 3 USING THE LAMBORGHINI ERWIN STORE
Please log into the Lamborghini erWin Store and browse the shop. To order simply add it to your shopping cart. Once you have finished shopping, please proceed to the checkout and complete your purchase as described there.
§ 4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 This contract will be concluded with Arvato SE (…- Germany), an independent reseller of Lamborghini Products.
4.2 After placing an order by clicking the order button, you will receive a confirmation from us acknowledging that we have received your order (Order Submission). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending either a confirmation that we accept your order (Order Acceptance) or by sending (a) the download link and key or (b) the physical product to you. The contract between us (the "Contract") will only be formed when we send you the Order Acceptance or the Product.
4.3 The Contract’s content will be stored by us. You may store or print out the general terms and conditions and readily look them up. For safety reasons your order’s data are not available via internet. We keep these data as confidential according to our privacy policy.
§ 5 AVAILABILITY AND PRODUCT DELIVERY
5.1 Your order will be fulfilled by the delivery date set out in the Order Acceptance or, and if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances. If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.
5.2 Products sold in the Lamborghini erWin Store are shipped to you. Costs for the Products are the nominal charge plus shipping costs. Shipping costs are fixed for each country. Prior to your payment you will be informed about the shipping costs for your home country on the shopping basket page.
§ 6 LICENSE TO USE THE PRODUCT
The Product does not contain the License to use the software on your computer. In addition to the Product you are required to purchase a valid License in the erWin shop. Licenses are available for different time periods: 1hour, 1 day, 7 days, 30 days and 365 days. Prices of these License types differ accordingly.
You may only purchase one License at a time. As long as this License is still valid, you cannot purchase further Licenses. The License resides inside the erWin shop for its entire life. When launching the VAS software on your computer, the software will connect to the erWin server via the Internet. You must enter your erWin login credentials and your License will then be checked. This procedure is done every time you start the software or start a new diagnostic run. You must ensure that every time a License check is done, your computer has a valid connection to the erWin server via Internet.
The countdown of the License will start with the first License check. After that the License counts down to zero, independent of your use of the software. After a License has reached its end, you may purchase a new License in the erWin shop. Please be aware that in case of reprogramming of the immobilizer, you will need to have requested and received first a valid (namely active) Geko Token from Lamborghini.
Licenses are hardware bound. You may use a License only with a single computer. Using the erWin account with a single License on several computers is not possible. Licenses must not be transferred between different computers.
Using the VAS software for different brands is not possible with Licenses available in Lamborghini’s erWin shop.
§ 7 CONSUMER RIGHTS
7.1 The Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations") allow consumers the right to cancel orders for goods or services without having to give any reasons during the period of seven working days starting as set forth in section 7.2 (the "Cooling Off Period "). You may only not return the Product if it is unsealed.
If you choose to exercise this right, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). Please carefully read the provisions below as they will affect your right to cancel the Contract.
7.2 The seven day Cooling Off Period will start:
on the day after you have received the Product; but in any event not before all information obligations laid down in the “Consumer Protection (Distance Selling) Regulations 2000 have been fulfilled.
7.3 To cancel a Contract within the Cooling Off period, you must inform us in writing or in another durable medium by giving notice to support.erwin@bertelsmann.de.
If you cancel a Contract within the Cooling Off Period our customer service will contact you with regards to the pickup of the Product to be returned. You are under the duty to take reasonable care to see that the returned Product is received by us and not damaged in transit, but in other respects your duty to take care of the Product shall cease once you send them or once they are picked up from you. We recommend that you retain copies of any dockets, receipts and proof of postage for your records.
§ 8 RISK AND TITLE
The Product will be at your risk from the time it has been delivered to you.
§ 9 PRICE AND PAYMENT
9.1 The price of any Product will be as quoted in the Lamborghini erWin Store from time to time, except in cases of obvious error.
9.2 These prices exclude VAT and delivery costs. You will be informed about these costs before your payment.
9.3 Prices could change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acceptance.
9.4 Payment for all Products must be made by credit card, debit card. We accept payment with Visa and Master Card. We are under no obligation to deliver the Product until we have received payment from you.
§ 10 OUR REFUNDS POLICY
10.1 When you return a Product to us because you have cancelled the Contract between us within the seven-day Cooling-off Period (see clause 7 (Consumer Rights) above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.
10.2 If you wish to return a Product to us for any other reason (for instance, because have notified us in accordance with clause 22 (Right to Vary) that you do not agree to any change in these terms of sale or in any of our policies, or because you claim that the Product is defective), you must inform us in writing by giving notice to Arvato SE, Reinhard-Mohn-Straße 22, D-33333 Gütersloh, Germany or by email to support.erwin@bertelsmann.de. Our customer service will contact you with regards to the pickup of the Goods to be returned. We will examine the returned Product or investigate your complaint and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Payments returned by you because of a defect will be refunded in full. If you return a Product at your own risk and if this return is not covered by our returns policies we will send the Product back to you.
10.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
§ 11 PERSONAL DATA
Personal details provided to arvato through this website will only be used in accordance with our Privacy Policy. By using the Lamborghini erWin Store and/or our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate. Please read our policy carefully.
§ 12 OUR LIABILITY
12.1 In accordance with your statutory rights we warrant to you that any Product purchased from the Lamborghini erWin Store is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
12.2 We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms of sale/license terms and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the Lamborghini erWin Store.
12.3 This does not include or limit in any way our liability:
12.3.1 for death or personal injury caused by our negligence;
12.3.2 under Section 2(3) of the Consumer Protection Act 1987;
12.3.3 for fraud or fraudulent misrepresentation; or
12.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.4 Nothing in these terms of sale shall affect your statutory rights. if you have any doubts as to your statutory rights then you should contact your local citizens advice bureau or refer to the office of fair trading website (http://www.oft.gov.uk)
§ 13 INTELLECTUAL PROPERTY
Products offered in the arvato Lamborghini erWin Store are the intellectual property of Lamborghini. You may not remove any copyright, trademark or intellectual property notices contained which forms part of any Product.
§ 14 IMPORT DUTY
If you order a Product from the Lamborghini erWin Store for delivery outside the UK, it may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Product is destined. We will not be liable for any breach by you of any such laws.
§ 15 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Lamborghini erWin Store, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in the Lamborghini erWin Store or the Account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
§ 16 NOTICES
All notices given by you to us must be given to Arvato SE, Reinhard-Mohn-Straße 22, D-33333 Gütersloh, Germany or by email to support.erwin@bertelsmann.de. We may give notice to you at either the e-mail or postal address you provide to us when placing an orderor in any of the ways specified in clause 15 (Written Communications) above. Notice will be deemed received and properly served immediately when posted in the Lamborghini erWin Store, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
§ 17 TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
17.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
§ 19 WAIVER
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2 A waiver by us of any right shall not constitute a waiver of any subsequent right.
19.3 No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 (Notices) above.
§ 20 SEVERABILITY
If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
§ 21 ENTIRE AGREEMENT
21.1 These terms of sale/license terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale.
21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale.
§ 22 OUR RIGHT TO VARY THESE TERMS OF SALE/LICENSE TERMS
22.1 We have the right to revise and amend these terms of sale from time to time.
22.2 You will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
§ 23 LAW AND JURISDICTION
Contracts for the purchase of Products placed through the Lamborghini erWin Store will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
§ 24 LANGUAGE
The language of the Contract shall be English.
§ 25 Resolution of disputes
Lamborghini 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/.“
I accept the General Terms and Conditions (GTB) of erWin online
I hereby agree that my data can be queried, processed and used for statistical purposes and for the transmittal of customer information. With the exception of group-related companies of the Arvato SE, data will not be passed on to third parties.