The website www.auto1.com is a service provided by AUTO1.com GmbH, based in Berlin (hereinafter "AUTO1.com" or "we" ).
Please read these general terms and conditions (hereinafter the “T&Cs”) carefully before using the website and services of AUTO1.com GmbH (Gesellschaft mit beschränkter Haftung, a German company with limited liability). By using our website and/or our services you agree to be bound by these T&Cs.
§ 1 GENERAL
- The website www.auto1.com is a website operated by AUTO1.com GmbH with its seat in Berlin, Germany (hereinafter “AUTO1.com” or “we”)
- AUTO1.com operates a database that is accessible via the Internet, in which we list motor vehicles for sale and which can be used for motor-vehicle searches by approved car dealers (hereinafter the “Users” or “Dealers” or “you” or, if used in the singular, a “User” or a “Dealer” or “you”)via the search function made available by AUTO1.com.
- These T&Cs shall govern the utilization of our website and/or service.By using our website, the respective User agrees to be bound by these T&Cs.We reserve the right to modify these T&Cs at any time and without giving reasons.
- Any conflicting terms & conditions of a User shall not apply.
§ 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 may take a variety of measures if there are specific indications which suggest that a User breaches statutory provisions, third-party rights or these T&Cs, or if AUTO1.com has any other legitimate interest, in particular in the event that a User is in default of payment (Zahlungsverzug) in the context of a motor-vehicle deal with AUTO1.com or an affiliated company of AUTO1.com.
- The measures include issuing a warning to Users or blocking them temporarily or permanently. In its choice of which measure to apply, AUTO1.com will take into account 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 give any warranty (Gewährleistung) for the absence of technical defects, in particular for the continuous and uninterrupted availability of the website or for the error-free display of the contents entered by the User.
- In the event that the service offered is not accessible, the User may 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.
- 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
- Should any provision in these T&Cs be or become invalid, then this shall not affect the legal validity of the remaining provisions. Instead of the invalid provision, a valid provision shall be deemed to have been agreed which most closely reflects, in commercial terms, what was intended by the parties.
§ 10 APPLICABLE LAW and PLACE OF JURISDICTION
- The laws of the Federal Republic of Germany shall apply to the exclusion of all other laws.Place of performance and place of jurisdiction shall be Berlin. (Germany).
(Version as at June 2017)
Terms and conditions for used cars
- Via the trading platform www.auto1.com, used vehicles are sold exclusively to car dealers. The operator of the trading platform is AUTO1 European Auctions GmbH & Co. KG1 , Bergmannstr. 72, 10961 Berlin, Germany (Local Court [Amtsgericht] of Charlottenburg, commercial-register no. HRA 52288 B, hereinafter “AUTO1 European Auctions KG 2”). For every purchase agreement entered into via the portal, AUTO1 European Auctions KG collects an auction fee. AUTO1 European Auctions KG is a company within the AUTO1 Group GmbH group, Bergmannstr. 72, 10961 Berlin (Local Court [Amtsgericht] of Charlottenburg, commercial-register no. HRB 143662 B, hereinafter “AUTO1 Group GmbH”). The Owner and the seller of the vehicles offered via the portal is AUTO1 European Cars B.V. , Overschiestraat 57, 1062 HN Amsterdam, The Netherlands, or companies affiliated with (hereinafter the “Seller”).
- In order to be eligible as buyer, an entity/person must have been registered on the portal as a dealer (hereinafter the “Dealer” or, if used in the plural, “Dealers”). The terms & conditions of use of the portal (“General terms and conditions regarding the use of the services of AUTO1 GmbH that are accessible via the website www.auto1.com”) shall apply.
- The Seller and the Dealer expressly agree that the agreement between the Seller and the Dealer is entered into exclusively on the basis of these terms and conditions of sale (hereinafter the “T&Cs of Sale”),regardless of any other general terms & conditions of the Dealer. The Seller does not accept any other terms & conditions – in particular conflicting terms & conditions, or terms & conditions that deviate from these T&Cs of Sale –, not even to the extent that individual provisions contained therein are not contained in these T&Cs of Sale. The acceptance of any other terms & conditions shall require the Seller’s express written consent.
- Dealers accept the binding legal nature of these T&Cs of Sale upon their initial registration on the dealer portal www.auto1.com. The Seller reserves the right to modify these T&Cs of Sale at any time and without giving reasons.
- These T&Cs of Sale have been uploaded in printable format on the dealer portal www.auto1.com. They can be retrieved and saved at any time, in the version as amended from time to time, from the homepage www.auto1.com.
- Entering into an agreement
- The portal lists, without exception, used vehicles owned by the Seller. The portal is divided into the categories “Instant Purchase”, “24h Auction”, “Customer Auction”, and “Last Chance”. The vehicles listed and their descriptions shall not constitute an offer to enter into a purchase agreement but rather merely a call for the Dealer to make such an offer (known as an invitatio ad offerendum).
- The Dealer calls up the individual vehicles in the respective categories and, where interested, makes an offer in accordance with the provisions of the respective category by stating a purchase price for the vehicle in question. Doing so shall constitute a binding offer on the part of the Dealer to enter into a purchase agreement with the Seller. Dealers shall be bound, during and after the end of each bid-submission period, by the offer made by them for a period of 14 days.
- Rights and obligations under the purchase agreement that has been concluded shall be subject to the current T&Cs of Sale as applicable at the time the agreement is entered into. The risk regarding the vehicle sold shall transfer to the Dealer at the time at which the purchase agreement is entered into.
- The transfer of rights and obligations of the Dealer under a purchase agreement shall require the prior written consent of the Seller.
- The purchase agreement between the Seller and the Dealer is concluded once the Seller has accepted the offer. The Dealer will be notified without delay, typically within one working day, by way of a purchase confirmation sent by e-mail of the fact that the purchase agreement has been concluded. Upon receipt (Zugang), by the Dealer, of the purchase confirmation, the consequences – as set out below – attached to the conclusion of the agreement shall take effect
- Utilisation of services
- The Seller makes electronic services (tools) available for purposes of the swift processing and fulfilment of the individual purchase agreements. The Dealer shall be under an obligation to use these services for payment, collection, transportation, complaints and other matters.
- In this context, Dealers shall be obliged to keep their data up to date, for example to adjust in the system without delay any change of address.
- The Dealer shall be under an obligation to pay the full purchase price without deduction. Details are set out in the respective purchase confirmation. The purchase price as well as, where applicable, transport costs and other fees shall be due immediately. The purchase price shall be paid immediately after the purchase agreement has been entered into and the purchase confirmation has been sent; payment shall be effected by way of bank transfer into the Seller’s account as specified in the purchase confirmation. The Dealer shall be considered to enter into default (Verzug) pursuant to sect. 286 German Civil Code (Bürgerliches Gesetzbuch – BGB) (hereinafter “BGB”) after three working days from the Dealer having received the payment demands included in the invoices.
- In addition to being obliged to pay the purchase price, the Dealer shall also be obliged to pay the auction fee. AUTO1 European Auctions KG will invoice the Dealer separately for this auction fee. The payment of the auction fee shall be subject to the same provisions as that of the purchase price.
- The Dealer shall neither be permitted to offset nor to exercise any retention rights against the Seller’s claims unless these claims have been expressly accepted by the Seller or have been established in court in a final and binding way (rechtskräftig). In particular, Dealers shall not be entitled to refuse payment on the grounds that they (i) have other actual claims against the Seller under other purchase agreements that were entered into or (ii) merely allege that they have such claims.
- In the event that the Dealer is in default of payment (Zahlungsverzug), the Seller may withdraw from the purchase agreement after the default of payment has occurred. After withdrawal has been declared – such withdrawal may also be declared by sending a reversal entry to the Dealer – the Seller will release the vehicles for resale. The Dealer shall be obliged to pay to the Seller a lump sum of 5 % of the purchase price, at least EUR 250.00 (net), per vehicle for the additional processing costs incurred owing to the withdrawal and resale, unless the Dealer proves that no or only minimal costs were incurred in this regard. Possible diminished proceeds realized during resale will be asserted as damages against the Dealer, invoiced and charged against the handling costs. If the merchant does not pay this invoice within five working days, the seller will automatically initiate legal dunning proceedings against the merchant. The Seller expressly reserves the right to assert further damages claims arising from the default of payment.
- Fees for special services provided by the Seller are listed in the current price list as amended from time to time. The Current Price list can be viewed on the website at any time and has been uploaded there in printable format.
- Sect. 288(5) BGB shall apply.
- It shall be the Dealer’s own responsibility to collect the sold vehicle at the respective location of the vehicle The Seller reserves the right to move the vehicle, within the scope of the internal logistics and until it is collected by the Dealer,to the logistics center that is closest to the current location of the vehicle. Usually, upon conclusion of the agreement and after registration for the collection of the vehicle,the Seller will provide to the Dealer all information necessary for such collection; this information will include, in particular, the location, business hours and earliest collection date(the notice that the vehicle is ready for collection, hereinafter the “Collection Notice”). The registration for the collection must be notified at least 24 hours in advance. A collection without registration is not possible.
- Within three working days after receiving the Collection Notice,the Dealer shall collect the purchased vehicle from the location specified in the Collection Notice.
- If the Dealer fails to meet this obligation, the Seller will charge a storage fee of EUR 15.00 per day and vehicle plus value added tax / sales tax. The Dealer shall pay this storage fee to the Seller unless the Dealer proves that no or only minimal costs were incurred in this regard. The Seller reserves the right not to release the vehicle to the Dealer until the storage fee incurred has been paid in full.
- The Seller shall grant the Dealer access to the business premises or the location in question, respectively, as is necessary for the collection of the sold vehicle.
- When collecting the vehicle themselves, Dealers shall be obliged to inspect the vehicle for damage as well as for any missing accessories. Should there be any damage or missing accessories, then the Dealer shall note this down as early as on the documentary proof of handover of the vehicle. The general terms & conditions of the respective logistic center shall apply. Notwithstanding the above, the Dealer shall be under an obligation to notify the Seller of any such defects in accordance with clause I. 1. of the T&Cs of Sale.
- Force majeure or disruptions of operations that occur at the Seller’s premises or at the logistic center e.g. owing to riots, strike, etc. which temporarily prevent the Seller through no fault of its own to make the vehicle available or deliver it, shall extend the delivery/performance time by the duration of the impediment plus a reasonable lead time of one week.
- The dealer can also have the seller commission a transport company to do the collection. In that case, the Dealer will be invoiced for the respective costs.
- If the Dealer instructs the Seller to organize transport by an external transport company, then this is done entirely at the risk and cost of the Dealer. The Seller will invoice the Dealer for the transport costs on behalf of the carrier.The Seller has been authorized by the carrier to collect payment. The Dealer shall be under an obligation to fully pay the transport costs invoiced by the Seller within 3 days. If the Dealer fails to pay these, then the Seller shall have an unlimited retention right in relation to the vehicle until all payment obligations have been met in full.
- Should any damage occur to the vehicle in the context of the transport commissioned by the Dealer, then solely the transport company shall be liable for such damage. The Dealer shall be under an obligation to note down all visible damage and missing accessories on the consignment note or the CMR consignment note, respectively. The general terms & conditions of the respective transport company shall apply.
- Retention of title (Eigentumsvorbehalt)
- The Seller undertakes to hand over to the Dealer, following the complete fulfilment of the obligations under the purchase agreement on the part of the Dealer, the vehicle along with accessories, where applicable as well as the registration documents pertaining to the vehicle. Until all obligations under the purchase agreement have been fully met by the Dealer, title to the sold vehicle as well as all associated rights shall remain with the Seller.
- For the duration of the retention of title, the Seller shall have the right to retain the vehicle documents, in particular registration certificate part II (Fahrzeugbrief or ‘vehicle-title document’).
- For the duration of the retention of title, the Dealer undertakes to take due care when handling the sold vehicle.
- Defect (Mangel)
- Any claims for defects shall be excluded in relation to the sale of vehicles to Dealers. There shall be no claims for defects of quality, in particular, if the defect or damage is attributable to normal wear and tear. This exclusion shall also apply to defects which occur between conclusion of the purchase agreement and handover of the vehicle to the Dealer or to a carrier instructed by or for the Dealer.
- Vehicle data which are listed in the vehicle description under "Vehicle data according to identification number (FIN)" (Fahrzeugdaten laut Identifikationsnummer) will be made available to us by third party suppliers (DAT). The liability for the correctness of these data is excluded, in particular this does not constitute an agreement about the constitution of the goods.
- The exclusion in H, Nr. 1 and H, Nr. 2 shall not apply in case of fraudulent intent (Arglist) and in relation to damages claims that are based on a breach, caused either by gross negligence (grob fahrlässig) or intentionally (vorsätzlich), of obligations on the part of the Seller or (i) ‘persons employed in performing a contractual obligation for whom the Seller is vicariously liable’ (Erfüllungsgehilfen) (hereinafter the “Vicarious Agents”) or (ii) servants in a master-servant relationship for whom the Seller is generally liable (Verrichtungsgehilfen) (hereinafter the “Servants”) as well as in case of an injury to life, body or health.
- Claims on the part of the Dealer shall become time-barred (verjähren) after one year from handover of the vehicle to the Dealer or to a carrier instructed by or for the Dealer.
- If, in special exceptional cases, the purchase agreement is reversed and if the Seller takes the vehicle back from the Dealer in the course of this reversal, the Dealer will be charged compensation for use, if during the period since it was sold to the Dealer, the vehicle was used for more than 100 km (approx. 62 miles). The Seller will offset the compensation for use against the purchase price to be repaid.The Dealer shall be deemed to have agreed to such an offset.
- The Dealer refrains from charging possible storage or other processing fees
- A reversal of the transaction shall be effected as follows: The Dealer shall be under an obligation to send a current photograph of the mileage to the Seller, to return the vehicle documents obtained, any spare keys and accessories obtained by the Dealer and to move the vehicle to the nearest site of the Seller.. As of the date the Seller informed the Dealer of the rescission the Dealer has to meet this obligation on or before the 3rd working day for national shipment/transport or on or before the 5th working day for international shipment/transport. If the Dealer fails to meet this obligation, the Seller will charge a fee of EUR 15.00 (net) per day plus value added tax / sales tax,unless the Dealer proves that no or only minimal costs were incurred in this regard Following receipt of the vehicle documents obtained, any spare keys, accessories obtained by the Dealer and the vehicle, the Seller shall repay to the Dealer the purchase price and the auction fee, less, where applicable, the compensation for use and the fee.
- The Dealer must inspect the sold vehicle without delay after taking possession and, if a defect becomes apparent, must note down all damage on the consignment note resp. the documentary proof of handover of the vehicle and notify the Seller of such defect via the electronic services without delay, i.e. within one working day after taking possession. Any later notifications of defect as well as any notifications of defect issued face to face or over the telephone will not be taken into account. If the Dealer fails to issue such notification, then the goods shall be deemed to have been approved unless the defect is such that it was not noticeable during the inspection. The dealer is not entitled to claim any obvious defect present at the time of delivery or collection which are not noted on the consignment note or the proof of handover of the vehicle.
- If such a defect which was not noticeable when the vehicle was taken into possession becomes apparent at a later point in time, then the Dealer must notify the Seller accordingly within one working day after its discovery. Otherwise the vehicle shall be deemed to have been approved in respect of the defect, too. This shall not apply to the extent that the Seller or its Vicarious Agents and/or Servants have fraudulently concealed the defect.
- The Dealer shall issue the notification of defects via the electronic services made available by the Seller. Therein, the Dealer shall upload the respective requested evidence regarding the defect. If the Dealer fails to provide the required evidence in this regard within 7 days, then the goods shall be deemed to have been approved, and the complaint will be rejected.
- The Seller will examine the defects set out in the written notification of defects and notify the Dealer in writing about the outcome of the examination of the complaint
- Data protection and provision of information
- We refer to the data protection statement. The forwarding of the data to the European subsidiaries of AUTO1 Group GmbH shall be permissible. If Dealers retract their registration for the portal, then they shall have a right for the stored data to be deleted unless AUTO1 European Auctions KG or a subsidiary of AUTO1 Group GmbH still requires the data for purposes of contract implementation.
- The Seller shall be entitled to collect, store and process personal data and to use it for the Seller’s own purposes. In doing so, the Seller will in particular comply with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) and the German Telemedia Act (Telemediengesetz – TMG).
- The Seller shall be entitled to pass personal data of the Dealer and/or the Dealer’s Vicarious Agents on to law enforcement agencies, regulatory authorities, other authorities or authorized third parties on the basis of a request for information in connection with investigation proceedings or with a suspicion regarding a criminal offense, an unlawful act or other acts which may result in legal liability on the part of the Seller, the Dealer or any other authorized third party
- The contracting parties and the subject of the agreement shall be recorded in the form of an order confirmation for purposes of documentation. Handwritten modifications or supplements of the purchase confirmation shall be invalid. The Seller may make changes to the websites, sets of regulations as well as these T&Cs of Sale at any time.
- If any of these T&Cs of Sale is or becomes invalid, void or – for any reason whatsoever – unenforceable, then such provision shall be deemed to be severable and shall not affect the validity and enforceability of all remaining provisions.
- The business relationship shall be subject to the T&Cs of Sale in the version applicable at the time at which the respective individual purchase agreement is entered into.
- All agreements, legal relationships and business connections that are subject to these T&Cs of Sale as well as the associated and resulting claims shall be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- The exclusive place of jurisdiction for all current and future claims arising from the business connection shall be the district court of Tempelhof-Kreuzberg, Berlin, or the superior court of this court, should the material competence lie with the latter. The Seller shall be entitled to also sue the respective contractual partner at the latter’s general place of jurisdiction.
- — vehicles that have been marked as vehicles that were involved in an accident (this shall also include economic total losses)
- — vehicles with a mileage in excess of 150,000 km (approx. 93,200 miles)
- — vehicles older than 10 years, with normal wear and tear
— visible defects and damage, such as, in particular:
- Small paint scratches
- Small dents
- Missing antennas
- Scratches at aluminium rims
- soiled interior (including smells)
- flat/damaged tires
- small damage caused by the impact of stones on the windscreen (including outside of the field of vision)
- missing operating manual, radio code cards for the vehicle
- missing navigation CDs, DVDs, hard drives or modules or memory card for navigation devices
- Missing luggage department cover or parcel shelf
- missing spare tire, breakdown kit, Tirefit kit or vehicle tool kit
- Missing remote control (e.g. for engine-independent heating, radio or similar)
- Missing keys of components (tow bar, roof bars, etc.)
- — blown light bulbs, LED, Xenon / Xenon bulbs
- — technical defects to wearing parts, such as, in particular:
- Exhaust system (e.g. particle filter, muffler, catalytic converter)
- Airco Fluid (Air condition fluid)
- Shock absorbers
- Broken springs
- Control arms and sockets
- transverse control arms, axial control arms and bushings
- wiper blades
- seeping-out of fluids (e.g. motor oil, coolant, transmission oil, etc.)
- Wheel bearings
- Strut bearings
- — for vehicles that have been marked “SPECIAL OFFER - Highest bid wins”
Examples of defects covered by the exclusion of claims pursuant to clause H are:
(Version as at June 2018)1. A ›GmbH & Co. KG‹ is a Kommanditgesellschaft or KG (a limited partnership) with a Gesellschaft mit beschränkter Haftung or GmbH (›company with limited liability‹) as general partner under German law.
2. ›KG‹ is short for ›Kommanditgesellschaft‹ (a limited partnership under German law).
3. ›GmbH‹ is short for ›Gesellschaft mit beschränkter Haftung‹ (a company with limited liability under German law).
4. ›BV‹ is short for ›besloten vennootschap met beperk¬te aanspra-kelijkheid‹ (a private company with limited liability under Dutch law).
General terms and conditions
“ZRT – Zero-Risk Trade-In”
- The user of these general terms and conditions (hereinafter the “T&Cs”) is AUTO1.com GmbH , Bergmannstr. 72, 10961 Berlin, Germany (hereinafter “AUTO1”). These T&Cs shall apply exclusively to the purchase of used vehicles in the context of the “zero-risk trade-in service” of AUTO1 (hereinafter “ZRT” or “ZRT Service”).
- In the context of ZRT, AUTO1 purchases vehicles from commercial sellers (hereinafter the “Posters” or, if used in the singular, the “Poster” [Einsteller]). The Poster must be an entrepreneur within the meaning of sect. 14 German Civil Code (Bürgerliches Gesetzbuch – BGB) (hereinafter “BGB”). Posters must first have registered with AUTO1 for the ZRT Service. The Poster shall be deemed to have accepted these T&Cs as legally binding. AUTO1 reserves the right to amend these T&Cs at any time and without giving reasons.
- AUTO1 and the Poster agree that any agreement regarding the purchase of a vehicle between AUTO1 and the Poster in the context of ZRT is entered into exclusively on the basis of these T&Cs, irrespective of any different terms & conditions of the Poster. AUTO1 does not accept any other T&Cs — in particular conflicting terms & conditions, or terms & conditions that deviate from these T&Cs —, not even to the extent that individual provisions contained therein are not contained in these T&Cs. The acceptance of any other terms & conditions shall require the express written consent of AUTO1.
- The most recent version of the T&Cs, as amended from time to time, is stored on the ZRT App and can be retrieved and saved from the homepage www.auto1.com at any time.
- Vehicle valuation by the Poster
AUTO1 makes the ZRT App available to the Poster, free of charge, for purposes of valuing used vehicles.After the valuation of the vehicle by the Poster has been completed, AUTO1 will market the vehicle.The vehicle may be marketed via an “Instant Price” to AUTO1 or by entering the valued vehicle in an auction of AUTO1 (see chapter E).
- Vehicle valuation
In the context of the valuation, the Poster shall describe, accurately and fully, the vehicle that is to be marketed. The Poster must truthfully state all properties and characteristics, as well as any defects, which are considered material for the purchase decision by AUTO1. The Poster shall carry out, step by step, the vehicle-valuation procedure stipulated in the ZRT App and shall enter the necessary data, photographs and information. The Poster shall, in particular, state fully and in detail any damage resulting from accidents and any pre-existing damage as well as defects of any kind of the vehicle.
- Vehicle valuation by AUTO1
- In the context of a vehicle valuation by AUTO1, a staff member inspects and values used vehicles, usually at the location of the Poster. In relation to each vehicle that has been inspected and valued, the Poster shall communicate to AUTO1 a binding price at which the Poster guarantees (garantiert) to sell the vehicle to AUTO1.
- The Poster undertakes to make available to the staff member of AUTO1 all documents — in particular papers, invoices and expert opinions. In addition, the Poster shall provide information in response to queries raised by the valuer and undertakes to disclose all known information regarding the valued vehicles.
- After completion of the valuation, the vehicles will be entered for auction (see chapter E).
- Vehicle valuation via an expert opinion
- In the context of a vehicle valuation on the basis of expert opinions, the Poster shall provide AUTO1 with a separate third-party opinion, including photographs, in relation to each vehicle.
- The Poster undertakes to truthfully complete, in a table prepared by AUTO1, all necessary details that are not recorded in the expert opinion. In relation to each vehicle that has been added, the Poster shall provide AUTO1 with a binding price at which the Poster intends to sell the vehicle to AUTO1.
- The Poster shall procure that the expert opinion was prepared truthfully and that the vehicle conforms to the description of the vehicle’s condition as per the expert opinion.
- AUTO1 shall ensure that the expert opinions that have been submitted are processed within 48 hours and that the associated vehicles are included among those that are being marketed.
AUTO1 shall be free to choose which form of marketing is offered to the Poster. As a rule, the vehicles will be auctioned, in particular if they have been accepted by AUTO1 (see chapter C) or on the basis of an expert opinion (see chapter D).
- „Instant Sale“
Following the vehicle valuation by the Poster, by choosing “Instant Sale” the Poster can obtain an immediate binding purchase offer from AUTO1. The acceptance, if any, by the Poster of the offer shall be effected (i) by express declaration over the telephone, (ii) by sending an e-mail to the e-mail address of AUTO1 that was specified to the Poster, (iii) via the AUTO1 platform (web or app) or, (iv) at the latest, upon receipt of the confirmation of purchase for the vehicle in question.
Once the vehicle has been valued by the Poster, if “Auction” is chosen, the valued vehicle may be offered for purchase to third parties by AUTO1 in the context of a 24-hour auction. The Poster shall set a binding minimum selling price for the vehicle. A purchase agreement between the Poster and AUTO1 regarding the vehicle shall be subject to the condition precedent of the acceptance of a bid submitted by a third party in the context of the 24-hour auction. The vehicle will be offered in a 24-hour auction for a maximum of three times. If the minimum selling price of the Poster or a higher purchase offer is achieved in the context of the auction, AUTO1 shall buy the vehicle from the Poster. If no bid is received for the minimum selling price of the Poster or for a price above that, then no purchase agreement shall come about between the Poster and AUTO1. In the event that AUTO1 makes an offer to the Poster beneath the minimum sale price set by the Poster, the Poster may decide, within two working days after the auction closes, whether to accept it.
- The Poster undertakes to hand over — upon conclusion of the purchase agreement — the vehicle, the associated registration documents and vehicle documents, vehicle keys as well as accessories to AUTO1 or to a service provider instructed and authorized by AUTO1, respectively.
- The Poster shall be free to deliver the vehicle to a logistics center operated by a partner of AUTO1 or to have the vehicle collected by AUTO1. In exceptional cases, after consultation with the Poster, the purchaser of AUTO1 may collect the vehicle directly from the Poster. The costs of transport shall be borne by the Poster. .
- In the event of a collection by AUTO1, once the purchase agreement has been entered into, AUTO1 will collect the vehicle from the location designated by the Poster. Prior to collection, the Poster shall provide the necessary information to AUTO1, in particular the location of the vehicle, business hours and earliest possible collection time. AUTO1 will use an external transport provider to collect the vehicle. AUTO1 will inform the Poster of the respective transport provider who will collect the vehicle(s).
- Subject to internal logistics, AUTO1 will usually collect the vehicle within three working days after conclusion of the purchase agreement at the location communicated by the Poster.
- If AUTO1 fails to meet this obligation on or before the 10th working day from conclusion of the agreement, then the Poster shall have the right to charge a storage fee which may not, however, amount to more than EUR 5.00 gross per day and vehicle. AUTO1 shall be free to furnish proof that, in fact, no or lower costs have been incurred in this regard. The Poster shall not have the right to refuse to hand over the vehicle even if AUTO1 has not yet paid the storage fee claimed by the Poster.
- The Poster shall grant AUTO1 and/or the service provider instructed by AUTO1 access to the business premises or location as required in order to collect the vehicle that has been sold.
- AUTO1 shall be under an obligation to fully pay the purchase price without deduction unless there is a right to reduce the purchase price (Minderungsrecht) or similar. The purchase price shall be due immediately after handover of the vehicle, any accessories delivered along with it, and the vehicle documents.
- The purchase price shall be paid no later than three working days after the handover of the vehicle to AUTO1; it shall be paid into the account of the Poster as specified in the invoice. All prices shall be stated in euros (EUR). Payment of the purchase price shall not be deemed to automatically mean that AUTO1 accepts the vehicle as being free of any defects. This shall not affect the right to make a complaint as per chapter H.
- Posters shall not be entitled to refuse to hand over the vehicle on the grounds that they (i) have other actual claims against AUTO1 under other purchase agreements that were entered into or (ii) merely allege that they have such claims.
- In the event that AUTO1 is in default of payment (Zahlungsverzug), the Poster may withdraw from the purchase agreement in accordance with statutory provisions only. Default of payment shall commence seven working days after payment is due. The Poster shall not have any further damages claims against AUTO1 in relation to the default of payment. This exclusion shall not apply in relation to damages claims that are based on a breach, caused either by gross negligence (grob fahrlässig) or intentionally (vorsätzlich), of obligations on the part of AUTO1 or (i) ‘persons employed in performing a contractual obligation for whom AUTO1 is vicariously liable’ (Erfüllungsgehilfen) (hereinafter the “Vicarious Agents”) or (ii) servants in a master-servant relationship for whom AUTO1 is generally liable (Verrichtungsgehilfen) as well as in case of an injury to life, body or health. The claims on the part of the Poster referred to in this no. 4 shall become time-barred after one year from the time at which the claim arises.
- The general warranty rights (Gewährleistungsrechte) of the BGB and the German Commercial Code (Handelsgesetzbuch – HGB) (hereinafter “HGB”) shall apply. Contrary to sect. 377 HGB, AUTO1 may make a complaint to the Poster about defects of the vehicle up to 30 days after the vehicle has been handed over but no later than three working days after the vehicle has been handed over to the purchaser of AUTO1. The legal consequences of sect. 377 HGB shall arise only after this time has expired.
- The protection of personal data of the Poster is important to AUTO1. In this context, we refer to the Data protection of AUTO1. The forwarding of the data to affiliated companies of AUTO1 shall be permissible.
- If Posters retract their registration for the ZRT Service, then they shall have a right for the stored data to be deleted unless AUTO1 still requires the data for purposes of contract processing.
- AUTO1 shall be entitled to collect, store and process personal data and to use it for its own purposes.In doing so AUTO1 will, in particular, observe the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG).
- AUTO1 will endeavor to ensure at all times that the ZRT Service is available without any disruptions and free from any faults. Due to the nature of the Internet, however, it is impossible to guarantee (garantieren) this. It is possible that access by Posters to the ZRT Service may be interrupted or limited from time to time in order to allow for repairs, maintenance work or the introduction of new services. AUTO1 will endeavor to limit the frequency and duration of each of these temporary disruptions or restrictions.
- AUTO1 does not give any warranty (Gewährleistung) for the absence of technical defects, in particular for the continuous and uninterrupted availability of the ZRT Service or for the error-free display of the contents entered by the Poster. In the event that the ZRT Service is not accessible, the Poster may contact customer service.
- The Poster shall, free of charge, grant AUTO1 and the affiliated companies of AUTO1 the right – unlimited in terms of time, content and geographical area – to exploit, both online and offline, the (i) contents that the Poster has transmitted to AUTO1, (ii) vehicle data as well as (iii) photographs made available by Poster in the context of the valuation of a vehicle.
- AUTO1 shall be entitled to pass personal data of the Poster and/or the Poster’s Vicarious Agents on to law enforcement agencies, regulatory authorities, other authorities or authorized third parties on the basis of a request for information in connection with investigation proceedings, with a suspicion in relation to a criminal offense, an unlawful act or other acts which may result in legal liability on the part of AUTO1.
- From the time the vehicle valuation commences until the purchase by AUTO1 or the failure of the purchase, the Poster undertakes to refrain from offering the vehicle to third parties via other sales channels.
- From the time of valuation, the Poster shall bear the procurement risk, i.e. from this time onwards the Poster shall be liable vis-à-vis AUTO1 for the destruction of the vehicle or deterioration of the vehicle’s condition, provided that a purchase agreement is concluded between the Poster and AUTO1.
- All agreements, legal relationships and business connections that are subject to these T&Cs as well as the associated and resulting claims shall be subject to German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- The exclusive place of jurisdiction for all current and future claims arising from the business connection shall be the Local Court (Amtsgericht) of Berlin Tempelhof-Kreuzberg or the Berlin Regional Court (Landgericht). AUTO1 shall be entitled to also sue the respective Poster at the Poster’s general place of jurisdiction.
(Version as at April 2017)