Mājas lapa www.auto1.com ir pakalpojums, ko nodrošina “Auto1.com GmbH”, bāzēts Berlīnē (turpmāk tekstā "auto1.com" vai "mēs" ).

§ 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 .

§ 5 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.

§ 6 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.

§ 7 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.

§ 8 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.

§ 9 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.

§ 10 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).

(Stand: Januar 2014)


Terms and conditions for used cars

(Version dated May 2016)

  1. General
    1. Through the merchant portal www.auto1.com (in the following called portal) used vehicles are exclusively sold to auto merchants. The operating company is the AUTO1.com GmbH (in the following called AUTO1.com). AUTO1.com is a subsidiary of AUTO1 Group GmbH, Bergmannstr. 72, 10961 Berlin / Germany. AUTO1 Group GmbH or AUTO1 European Cars B.V., Overschiestraat 57, 1062HN Amsterdam, Niederlande (in the following called the “seller”) are proprietor and seller of the cars offered through the portal. AUTO1 European Cars B.V. is a subsidiary of AUTO1 Group GmbH. The actual seller will be announced upon request and is also stated on the purchase confirmation sent to the dealer.
    2. Only auto merchants (in the following called “merchants”) that are registered at the portal can be buyers. The terms and conditions of the portal are valid.
    3. The contract conclusion between seller and merchant is exclusively based on these terms and conditions. Other, especially opposing or dissenting terms are not acknowledged by the seller. This also applies to rules that are not included in the existing terms and conditions. For the acknowledgement of other terms an explicit and written approval of the seller is required.
  2. Contract conclusion
    1. General
      1. The portal advertises used cars, which are in principle proprietary of the seller. The portal is divided into the rubrics “Premium sale”, “New in stock”, “Live” and “Auction”. The advertised cars do not generally represent an offer for the conclusion of a purchasing contract. They merely represent an invitation for such an offer through the merchant (so called Invitatio ad oferendum).
      2. The merchant retrieves the individual vehicles and, if interested, articulates an offer for the respective vehicle through giving a purchase price. Hereby the merchant submits a binding offer for a purchasing contract. The merchant is bound to this offer during and after the respective offer period.
      3. Rights and obligations based on the materialized purchasing contract are subject to the respective terms and conditions valid during the time of contract conclusion. The current version of the terms and conditions is at any time stored and can be retrieved on the website www.auto1.com. After concluding the contract the risk for the sold vehicle transfers to the merchant.
      4. The transfer of rights and obligations based on the purchasing contract requires the written approval through the seller.
      5. The purchasing contract materializes upon the merchant receiving an order confirmation per E-mail.
    2. Premium Sale
      1. In the rubric „Premium sale“ selected vehicles with a fixed price are advertised. These vehicles merely represent an invitation for an offer through the merchant. There is no limit to the offer period.
      2. The merchant may buy these vehicles for the advertised price. For this purpose the merchant places a respective binding offer for the conclusion of a purchasing contract.
      3. Through the acceptance of this offer by the seller a purchasing contract materializes. The materialization of the purchasing contract is immediately, generally within one working day, communicated to the merchant via E-mail or Fax. Upon the merchant receiving the E-mail or the Fax all effects come into power that are tied to the conclusion of the contract based on the following.
    3. New in stock
      1. The rubric „New in stock“ is activated for selected merchants only. In this rubric newly bought vehicles of the seller are advertised. The offer period for the individual vehicles is determined. The offer period is visible in the detailed view of each advertised vehicle and generally amounts to 24 hours.
      2. The merchant may place a maximum of two binding offers for the conclusion of a purchasing contract of the respective vehicle during the offer period. The highest placed offer for the vehicle during the offer period is binding.
      3. Through the acceptance of this offer by the seller a purchasing contract materializes. The materialization of the purchasing contract is immediately, generally within one working day, communicated to the merchant via E-mail or Fax. Upon the merchant receiving the E-mail or the Fax all effects come into power that are tied to the conclusion of the contract based on the following.
    4. Live
      1. The rubric „Live“ is activated for selected merchants only. In this rubric the merchant can see vehicles in real-time that are evaluated at a branch – parallel and life to the ongoing purchasing process through the seller.
      2. The merchant may place a maximum of two binding offers for the conclusion of a purchasing contract. The highest placed offer for a vehicle is binding for 14 days.
      3. Through the acceptance of this offer by the seller a purchasing contract materializes. The materialization of the purchasing contract is immediately, generally within one working day, communicated to the merchant via E-mail or Fax. Upon the merchant receiving the E-mail or the Fax all effects come into power that are tied to the conclusion of the contract based on the following.
    5. Auction
      1. The rubric „auction“ is activated for selected merchants only. In this rubric the merchant can see vehicles in real-time that are evaluated at a branch – parallel and life to the ongoing purchasing process of the seller. The merchant may place binding offers within an auction with a limited time frame.
      2. The merchant may place an unlimited number of binding offers for the conclusion of a purchasing contract. The highest placed offer for a vehicle is binding for 14 days.
      3. Through the acceptance of this offer by the seller a purchasing contract materializes. The materialization of the purchasing contract is immediately, generally within one working day, communicated to the merchant via E-mail or Fax. Upon the merchant receiving the E-mail or the Fax all effects come into power that are tied to the conclusion of the contract based on the following
  3. Payment
    1. The merchant is obliged to pay the total purchase price without reduction. Details result from the respective order confirmation. The purchase price is immediately due. The payment of the purchase price has to follow without delay after concluding the purchasing contract and sending the order confirmation. Payment has to follow at latest three days after contract conclusion through bank transfer to the account of the seller stated in the order confirmation. All prices are stated in Euro (EUR).
    2. The merchant can only charge up against the claims of the seller, if the counterclaims are undisputed or a legally binding title exists. The merchant can only exert a right of retention, if it is based on claims resulting from the purchasing contract.
    3. In case of payment delay through the merchant, the seller may withdraw from the purchasing contract. Payment delay starts 14 days after the due date of payment. After declaring the withdrawal the seller will remarket the vehicles again. A possible minimum revenue will be claimed as compensation for damages to the merchant.
    4. Fees for services conducted by the seller are shown in the current price list. The printable list can always be viewed on the website using the following link: Price list
  4. Pickup
    1. The merchant is responsible for picking up the sold vehicle at the respective site. After concluding the purchasing contract the seller transfers all required information for the pickup, especially site, opening hours, earliest possible appointment (delivery notification) to the merchant. The seller reserves the right to transfer the vehicle to another site within the internal logistics till pickup.
    2. The merchant has to pick up the bought vehicle within three working days after concluding the purchasing contract at the site stated at the delivery notification or alternatively take care for transportation.
    3. In case the merchant does not comply with this obligation at latest 7 days after concluding the purchasing contract, the seller will charge a stall fee of EUR 15.00 per day and vehicle. The merchant has to pay this stall fee to the seller as long as he does not prove that no or only small actual costs have been incurred for storing the vehicles. The seller may delay the handover of the vehicle till the total incurred stall fee has been paid.
    4. The seller grants access for the merchant to the company grounds or alternatively the respective sites required to pick up the sold vehicles.
    5. On its own risk and costs the merchant may engage the seller to organize transportation through an external logistics provider.
  5. Title retention
    1. After completion of all obligations resulting from the purchasing contract through the merchant, the seller is obliged to handover the vehicle and if applicable all accessories as well as the associated registration documents. Till completion of all obligations resulting from the purchasing contract through the merchant, the title of the vehicle as well as all associated rights remain with the seller.
    2. During the time of title retention the seller has the right to hold the registration documents.
    3. The seller is obliged to maintain the due diligence for handling the sold vehicles.
  6. Material defect
    1. The sale of vehicles to merchants takes place excluding any claims for material defect. Claims for material defect are especially excluded, if the defect or damage is due to natural wear and tear. More information at section H. The liability for material defects prescribes one year after pick up of the vehicle.
    2. The merchant is obliged to examine the vehicle immediately after appropriation. In case of defects, the merchant needs to declare this to the seller immediately, which means within one working day after appropriation. If the merchants neglects this declaration, the good is classified as approved, unless the defect could not be recognized during the examination.
    3. Above mentioned terms do not apply to the vehicles, which are sold on special campaigns/promotions or Last Run Auctions.
    4. Should a defect which could not be recognized during appropriation appear at a later stage, the merchant is obliged to declare this defect to the seller within one working day. Otherwise the vehicle is classified as approved even considering the defect. This does not apply in case the seller or his agents fraudulently conceal the defect.
    5. The exclusion does not apply to damage claims which are based on grossly negligent or intentional breaches of duty through the seller or its agents as well as in case of damages to life, body and health.
  7. Miscellaneous
    1. The contracting parties as well as the contract object are documented in form of an order confirmation. Handwritten changes or additions of this written purchasing contract are ineffective. Changes of the webpages, policies as well as the terms and conditions through the seller are possible at any time.
    2. For the business relationship the respective version of the terms and conditions valid at the beginning of the business relationship apply.
    3. German law with exclusion of the UN sales law applies to all contracts, legal and business relationships as well as to the resulting claims underlying the terms and conditions.
    4. The exclusive place of jurisdiction for all present and future claims resulting from the business relationship is the location of the seller (Berlin). The seller is also entitled to sue the respective contract partner at his general place of jurisdiction.
  8. Other agreements
    1. The sale of vehicles to merchants through the seller takes place excluding any claims for material defect. This applies especially to:
      1. — Vehicles which were marked as damaged vehicles
      2. — Vehicles with a mileage of more than 175.000 km
      3. — Vehicles that are older than 10 years
      4. — Normal wear
      5. — Visible defects and damages and especially:
        1. — Small paint scratches
        2. — Small dents
        3. — Missing antennas
        4. — Scratches at aluminium rims
        5. — Dirty interior space
        6. — Flat tires
        7. — Small damages through rock fall at the windshield
        8. — Missing operating manual of the vehicle
        9. — Missing CD, DVD or memory card for the GPS
        10. — Missing luggage department cover or hat shelf
        11. — Missing remote control
        12. — Missing keys of components (tow bar, roof bars, etc.)
        13. — Blown light bulbs
      6. — Technical damages at wear parts such as especially:
        1. — Exhaust system
        2. — Airco Fluid (Air condition fluid)
        3. — Shock absorbers
        4. — Broken springs
        5. — Control arms and sockets
        6. — Any lack of the clutch
        7. — Dual mass flywheel
        8. — Brakes, handbrake and cylinder
        9. — Wheel bearings
        10. — Strut bearings
        11. — Battery

(Version dated May 2016)