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 .
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 .
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.
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 .
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.
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.
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.
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.
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.
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.
Applicable is only the law of the Federal Republic of Germany.
Place of performance and jurisdiction is Berlin (Germany).
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.
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.