GENERAL TERMS OF THE SILBERAUTO LOYAL CUSTOMER AGREEMENT.
1. The loyal customer agreement system of Silberauto (hereinafter ‘Agreement’) states the discounts of contractual customers for after-sales service works and spare part prices, contractual terms of payment, simplifies the administrative process and exchange of information.
2. The terms and conditions of the Agreement apply identically in all dealerships of AS Silberauto, AS Silberauto Eesti and in AS Silwi Autoehitus (hereinafter jointly referred to as Silberauto). A contractual relationship is created between the aforementioned companies and a customer (hereinafter ‘Customer’). For the purposes of the Agreement, both legal and natural persons can be the Customer.
3. The loyal Customer Agreement states the contractual level of the Customer, which depends on the number of vehicles acquired from Silberauto and/or the annual service and/or spare part turnover of the Customer.
4. The contractual discounts established for after-sales services and spare part prices apply to all vehicles entered into the Agreement by the Customer provided that the payer is the subject that entered into the Agreement.
5. The specific discounts of a contractual Customer are established based on the marketing policies of Silberauto and the Customer is informed about current discounts upon entry into the Agreement; any changes shall be communicated on the Web page of Silberauto or personally.
6. In the service process, a contractual relationship is determined against the identity document of the Customer and/or their representative, the registration certificate of the vehicle and, where relevant, the authorisation letter of the representative.
7. The Customer undertakes to pay for all works ordered under the Agreement (the Customer is liable to pay for all the works ordered by persons authorised by the Agreement).
8. Silberauto may claim a fine for delay of 0.1% of the invoice amount for each day delayed with the payment of the invoice. The Agreement remains effective for one (1) year from the date it is entered into and shall be automatically renewed for a year unless a party to the Agreement expresses their desire to terminate the Agreement.
9. If a vehicle linked to the Customer Agreement leaves the ownership/possession/use of the Customer, the Customer shall notify Silberauto and the Customer Agreement shall no longer apply to that vehicle. Where the Customer possesses none of the vehicles linked to the Customer Agreement, the Customer Agreement becomes void.
10. Silberauto reserves the right to not offer discounts and/or payment credit and/or to terminate the Agreement if the Customer is in breach of the terms and conditions of the Agreement or if Silberauto doubts that the Customer is capable of duly performing the obligations assumed by the Customer (e.g., overdue payments, substantial debts according to the credit information register, etc.).
11. The parties may terminate the Agreement by giving at least a one-month prior notice to the other party.
12. The Customer is required to give Silberauto a written notice of a change in the Customer’s name, address or other particulars. Otherwise, Silberauto has the right to assume that all particulars made known to Silberauto at an earlier time are valid and that the Customer receives all the notices sent based on such particulars.
13. Entry into this Agreement cancels all oral and written Agreements previously entered into by the parties in respect of the same subject-matter.
14. By entering into this Agreement, the Customer agrees to the processing of their personal data, including to the recording of phone calls between the Customer and the customer service of Silberauto.
15. Silberauto processes the following personal data of the Customer for the following purposes and according to the following principles:
15.1. Silberauto records, automatically and without an additional warning, phone calls between the Customer and the customer service of Silberauto in which the Customer orders services from Silberauto and in which the terms and conditions of providing the services are agreed upon. The purpose of collecting such data is to ensure that the terms and conditions agreed over the phone for the provision of services are recorded and forwarded to the person ultimately providing the service for Silberauto with a view to careful adherence to the Agreements.
15.2. Recorded phone calls may also be forwarded to a particular employee of Silberauto who was not available during the phone call to keep such a person informed about the terms and conditions of the service agreed upon.
15.3. Furthermore, recorded phone calls may be used to settle potential disagreements between the Customer and Silberauto to establish the terms and conditions in which the Customer and Silberauto agreed over the phone.
15.4. One purpose of recording phone calls is to ensure that Silberauto has control over Silberauto’s Customer staff providing quality and appropriate services for the Customer.
15.5. Silberauto uses the personal data of the Customer (name, personal identification code, date of birth of the Customer, data from the identity document and the registration certificate of the vehicle, etc.) to identify the Customer.
15.6. Silberauto uses the contact data of the Customer (phone numbers, address, e-mail, etc.) to provide information and financial services offers to the Customer and to conduct Customer satisfaction surveys.
16. The Customer agrees that Silberauto may forward the Customer’s data, including both recorded phone calls and other personal data,
16.1. to legal persons belonging to Silberauto Group and providing services to Silberauto to ensure the best services for the Customer and provision of services as agreed over the phone;
16.2. other third persons to protect the legal rights of Silberauto, employees of Silberauto or the Customer (e.g., to persons who provide legal services to Silberauto, employees of Silberauto or the Customer, etc.).
17. As regards the Customer’s data (i.e., both recorded phone calls and other personal data), the Customer has the right
17.1. to access their data at any time; the Customer may also demand at any time that their data is corrected if the data has changed or is incorrect due to any other reason;
17.2. to demand that Silberauto ceases to process the Customer’s data unless otherwise provided for in law.
18. Hereby Silberauto informs the Customer that the employees with the following job titles whose contacts can be found on the Web page of Silberauto are authorised to process the data of the Customer (i.e., both recorded phone calls and other personal information):
18.1. head of the customer service department of Silberauto;
18.2. customer service specialist of Silberauto;
18.3. head of the IT department of Silberauto.
19. Silberauto may unilaterally amend the terms and conditions of this Agreement, by giving the Customer a one-month prior notice or publishing a relevant notice on the Web page of Silberauto. If the Customer does not accept the amended terms and conditions, the Customer may terminate the Agreement.