AUTO1.com

Acceso gratuito a más de 6.000 vehículos verificados.
Fácil, seguro, profesional.

Atención al Cliente AUTO1.com
(512) 640-3630

The website www.auto1.com is a service provided by AUTO1.com GmbH, based in Berlin (hereinafter "AUTO1.com" or "we" ).

§ 1 GENERAL

AUTO1.com operates a web-accessible database. We list cars for sale and authorized automobile dealers ( hereinafter "User " or " Merchant " ) can use the search function provided by AUTO1.com. AUTO1.com is itself the party offering the vehicles.

The present general terms and conditions (the "Terms") apply to your use of our website or service. The validity of these Terms and Conditions will be recognized with the use of our website by a given user as binding. We reserve the right to change these Terms at any time without giving reasons. Conflicting terms and conditions of a user are not valid .

§ 2 REGISTRATION

The registration is only permitted to dealers of motor vehicles. They can login as a legal person or natural person. The person registering must be authorized to make an application for the participating users.

AUTO1.com decided after receipt of the application and in its sole discretion , if the dealer gets an access to the database. The acceptance of an offer by a dealer is done by a written confirmation of AUTO1.com or by sending the data of access (username and password).

As part of the application and in the further course of the business relationship AUTO1.com is entitled at any time to require the submission of a current commercial or industrial registration certificate and other documents or information as may be required for an appropriate application. From foreign merchants comparable evidence or documents are required.

If the data given changes after the application, the participating user is obliged to inform AUTO1.com. The information may only be in writing, by email or fax.

The user must keep his password secret and secure his access carefully . He is also obliged to inform AUTO1.com immediately if there is evidence that his data will be collected and used by third parties.

The user is liable for all activities that occur under his access . If the user is not responsible for the misuse of their access , because a violation of the due diligence is not present, then he is not liable .

§ 3 BLOCKING

AUTO1.com can take several measures, if there are concrete indications that a user infringed statutory provisions , third party rights or these Terms, or if AUTO1.com has a legitimate interest. The measures include the warning of users, the provisional and the final closure of users. In the choice of the measure, AUTO1.com reflects the legitimate interests of the affected user.

§ 4 RIGHTS

Users have the right to use the provided online search and make the individual records on their screen visible. Furthermore users have the right - for permanent visualization - to create a print under these terms and conditions. In addition , the user can submit binding offers for individual vehicles. Activities of users who aimed to make our service disfunctional or complicate its use is prohibited.

User may not without our express written consent systematically extract and / or reuse parts of our service . In particular, users are not allowed without the express written consent of AUTO1.com to use data mining, robots, or similar use of any data gathering and extraction programs to extract any substantial parts of our service for reuse.

The linking, integration or any other link in our service without express written permission is prohibited . Presentation and functionality of the service can vary by type of access - for example, via internet or via mobile application. The right to use the service and its functions is only possible within the context of the current state of the art .

§ 4 WARRANTY

We do not assume any warranty for technical defects, in particular for the constant and uninterrupted availability of the website or for the correct reproduction of the content entered by the user. In case of non availability of the service, the user can contact our customer service.

§ 5 PRIVACY

The protection of personal data and privacy of users of our website is taken very seriously by us . To ensure maximum protection, it is natural for us that we comply with all legal regulations in the field of data protection.

Responsible agency and service provider is the AUTO1.com GmbH. You can direct all questions relating to the Privacy Policy, at any time to the Privacy Officer of AUTO1.com . You can contact him by e-mail: datenschutz@auto1.com.

Personal information is information that can be assigned to a user individually. This includes, for example, the e-mail address or telephone number of a user if appropriate . Through our website, we collect personal data if this will be provided by the user.

We use this information, to the extent necessary to provide our services to the user . A promotional use of the data is done solely for the purposes of self-promotion (including the recommendation advertising) by us or affiliated companies. We use your e-mail address to provide you with similar products or services of AUTO1.com or affiliated companies.

§ 6 LIMITATION OF LIABILITY

We always try to ensure that the services of AUTO1.com are without interruptions, available and error free. By the nature of the Internet , however this can not be guaranteed. Also, your access to our Website may occasionally be interrupted or restricted to allow for repairs, maintenance or the introduction of new services. We try to limit the frequency and duration of any temporary interruption or limitation.

In the course of using our site and services we accept unlimited liability for damage caused intentionally or by gross negligence AUTO1.com or through their legal representatives , employees or vicarious agent. In cases of slightly negligent breach of contractual obligations AUTO1.com shall not be liable . Moreover, the liability for damages caused by carelessness is limited to those that can be expected to arise typically. The liability to the direct average damage is limited .

The foregoing limitations will not apply to damages arising from injury to life , body or health, and for other damages based on malice. Where the liability of AUTO1.com is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

§ 7 COPYRIGHT AND USE RIGHTS

All trade marks, logos, text, images and other data on our website are subject to copyright. By using our website you have no rights to use this information. The change, further processing and use in media of any kind is strictly prohibited. A further use is possible only with prior written consent from us.

The unauthorized use of our information, as well as the logos or trademarks of third parties, which are shown on our website violate our rights or the rights of others and is not permitted.

§ 8 SEVERABILITY

If any provision of these Terms and Conditions is or become invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision a valid provision shall be deemed agreed that the economic is intended by the parties to the next.

§ 9 APPLICABLE LAW and PLACE OF JURISDICTION

Applicable is only the law of the Federal Republic of Germany.

Place of performance and jurisdiction is Berlin (Germany).

§ 10 PAYMENT TERMS

Payment must be issued within 72 hours of receiving your vehicle. Accepted forms of payment are: Check, ACH/Wire or Draft.

A penalty of $75/day will be applied to each vehicle past-due. A new invoice will be issued with the updated total due.

In the instance where AUTO1 is not in possession of the vehicle title, immediate payment will not be required and a customer service representative will reach out to you when the title is ready. Payment will then be due within 24 hours of the title being ready.

§ 11 SERVICE CHARGE

A service charge of $45 is applied to each vehicle purchased. This amount is automatically included on your vehicle invoice and is non-refundable.

§ 12 No-Sale Fee

For any vehicle listed and sold on Auto1.com, Seller must make the vehicle available at the listed pickup location within three (3) business days of the sale date. In addition to other arbitration remedies Auto1.com or the Buyer may invoke, the Seller may be assessed a fee of up to $500 to compensate the Buyer for each sale not fulfilled, which fee will be passed on to the Buyer.

§ 13 Arbitration Policy

ALL VEHICLES ARE SOLD AS-IS. Auto1 will announce certain conditions as specified below. Dealer is obligated to read vehicle notes for condition announcements and to understand those condition announcements. Any and all refund/adjustment decisions will be made by the Auto1 Arbitration Manager in his/her sole and absolute discretion and shall be final. This Refund/Return policy shall be the sole and exclusive remedy of Dealer and Authorized Agents. All other potential claims for damages, including, but not limited to, incidental, consequential, and exemplary damages and lost profits are waived. Refunds will be limited to the vehicle price shown on the invoice, shipping and service fees are non-refundable. Auto1 will only accept return of a vehicle if it is in the same condition as when it was sold. Auto1 may deny any request if the vehicle appears to have been tampered with by Dealer. Auto1 will consider requests for refunds/adjustments in the following circumstances only: 1) Dealer must request a refund/return or adjustment for the following within 3 days of receiving the vehicle: a) Unannounced major transmission defects. b) Unannounced major transfer case defects. c) Unannounced major engine defects. d) Unannounced major differential defects. NOTE: No refunds/adjustments will be given for any of the defects identified in (a), (b), (c), or (d) above if a vehicle does not run. e) Unannounced absence of air conditioning. Vehicles that are not equipped with air conditioning will be announced if the vehicle is a model of the current calendar year or newer. f) Logo/decal discrepancies. Discrepancies between a vehicle’s features or equipment as represented on the vehicle’s decals or logos and those actually present on the vehicle. g) Unannounced major mechanical convertible top defect. h) Unannounced structural damage. Vehicles with frame/structural damage as defined by the NAAA will be announced as “structural damage” or “structural alterations.” i) Unannounced flood damage. Vehicles with flood damage or flood damage history as defined by the NAAA will be announced as “flood” or “possible flood.” j) Unannounced missing catalytic converters. Absence of catalytic converter(s) on any vehicle originally equipped with such equipment. k) Unannounced missing and/or currently deployed air bags. l) Any unannounced single mechanical defect that has a repair cost of $500 or more is subject to arbitration on vehicles sold. An itemized repair order (R.O.) from an Auto1 approved vendor must be provided to process the arbitration. The arbitrator will inspect only the defect that is on the arbitration form/documents. If price adjustment is made and accepted, vehicle becomes “As-Is, No Arbitration” property of the Buyer, and is not subject to any further arbitration. NOTE: Electronic Vehicle Data Histories “EVDH” (i.e., Carfax, AutoCheck, NMVTIS, NICB, etc.) will not be considered as the sole means of resolution for any of the above. 3) Failure to deliver title. Receipt of title is guaranteed within 30 days (or the maximum allowable under applicable state law, if any) for those vehicles purchased “Title Absent.” In order to arbitrate a vehicle, Dealer must notify the Auto1 Office Manager or the Arbitration Manager. If the title is received by Auto1 before Dealer provides notice, the sale will not be arbitrated. 4) Unannounced brands or title errors. Unannounced title brands (i.e., existing Salvage or Not Actual Miles brands) and/or title errors must be reported to the Auto1 Office Manager or the Arbitration Manager within seven (7) days of receipt of title. Requests for refunds will not be considered for any other reason, including, without limitation: 1) Dash warning lights of any kind; 2) Battery failure on hybrid and/or electric vehicles unless covered by manufacturer’s warranty; 3) Visible defects, including suspension defects; 4) Noises or conditions that are related to general maintenance and wearable items; and 5) Mechanical problems or defects in or damage to the vehicle of any kind (such as missing or inoperative safety equipment) other than as expressly and specifically listed above. All announcements and/or descriptions of any vehicle, express or implied, are based on Auto1’s actual knowledge of the vehicle. Auto1 assumes no duty to inspect or investigate the condition of any vehicle. Auto1 assumes no responsibility to investigate, disclose, or implement manufacturer recalls.

§ 14 ACH Authorization

ACH Authorization. You agree that, if you designate a bank account for payment of amounts you owe us, including, but not limited to, by adding a bank account to your online profile, we may use such account information to initiate an ACH debit to your bank account for such amounts owed. Additionally, you agree that, if any ACH debit we initiate to your bank account is returned unpaid, we may debit your account for a returned item fee in the maximum amount permitted under applicable state law. You agree that any authorizations we initiate to your bank account must comply with applicable law and NACHA Operating Rules. This authorization is in addition to, and does not terminate, any other authorization for electronic or ACH payments that we have on file or that you provide us in the future.