General terms and conditions of Europecartrader.com for the use of services
Valid as of 01.09.2022
§ 1 Personnel Scope; General
These general terms and conditions ("AGB") apply exclusively between Europecartrader.com and the traders who use the database operated by Europecartrader.com. Contradictory regulations of terms and conditions of a trader have no validity.
Europecartrader.com operates a database accessible via the Internet for the search and marketing of vehicles, in which registered companies, as natural or legal persons ("dealers"), can request motor vehicles for purchase for a fee (search request) and subsequently submit offers in response to a search request from other dealers.
Europecartrader.com only provides the technical requirements for the transmission of information for search queries and offers by means of its database. Europecartrader.com does not submit its own search queries or sales offers for a vehicle, nor does it influence the content of the search queries and sales offers of the dealers.
Europecartrader.com is involved neither as an intermediary, nor as a party or as a representative of a party in the relationship between the prospective buyer or purchaser and the supplier or seller.
All contracts between traders, which are concluded via the Europecartrader.com database, are concluded and fulfilled without the involvement of Europecartrader.com.
§ 2 Subject of the contract of use; scope of services
Europecartrader.com enables the dealers within the scope of the use of the Europecartrader.com service to search for and market motor vehicles, as well as to obtain or offer related services, including those of third parties. Europecartrader.com provides a database with an input mask for search queries, activates the search queries entered and enables the retrievability of the search queries from the Europecartrader.com database via the Internet for the period of time agreed upon with the Dealer.
In addition, Europecartrader.com provides an input mask for sales offers in the database, activates the posted sales offers and enables the retrievability of the sales offers from the Europecartrader.com database via the Internet for a period of time uniformly determined by Europecartrader.com.
Europecartrader.com has access to various information within the scope of its service, such as, in particular, information transmitted by traders to Europecartrader.com, including personal data as well as information generated in the course of providing and processing the Europecartrader.com service.
Traders receive via the Europecartrader.com service only such anonymous information, which is absolutely necessary for the provision of the Europecartrader.com service.
A passing on or a making available of the information from the Europecartrader.com data base to third parties takes place only, if that is absolutely necessary for the provision of the Europecartrader.com service or Europecartrader.com is entitled to this legally or contractually. After termination of the user contract, the trader's data in his account will be deleted, unless Europecartrader.com is legally obligated to retain this information even after the end of the contract or has a legitimate interest in doing so. More details can be found in the privacy policy.
3. The Trader grants Europecartrader.com free of charge the non-exclusive, transferable and sub-licensable right, unlimited in time, geography and content, to exploit online and offline the contents that the Trader has transmitted to Europecartrader.com, in particular to make the contents public accessible, to reproduce, to distribute and to edit. This includes in particular:
the archiving and database right, i.e. the right to archive the contents in any form and also to record them digitally, to place them in databases and to store them on all known storage media and on any data carriers and to combine them with other works or parts of works;
the right to use the contents placed in the database in compliance with data protection regulations for the purpose of analysis, further development of the platform, product development and marketing as well as advertising the offers and services to the aforementioned extent.
the right to edit, i.e. the right to edit the content as desired, in particular to change, shorten, supplement and combine it with other content (e.g. to change formats and resolutions, add image components, representations in a different context, etc.).
The Dealer also agrees that translations of its listings may also be made for the above purposes with respect to foreign websites and apps.
§ 3 Scope of use
Europecartrader.com may make the use of the Europecartrader.com service, the type and scope of use or individual functions of the Europecartrader.com service subject to certain conditions, such as the verification of registration data, the duration of the contractual relationship and the use dependent on the fulfillment of certain security precautions.
Europecartrader.com publishes and promotes the Europecartrader.com Service and the search queries posted by traders itself and reserves the right (for the purpose of promoting and increasing the reach of the Europecartrader.com Service) to publication and promotion by third parties. Europecartrader.com also enables third parties to advertise their offers and services via the Europecartrader.com service.
Europecartrader.com reserves the right to test new or modified functions and features only with certain user groups in advance, insofar as this is reasonable for the traders, taking into account the legitimate interests of Europecartrader.com. This can lead to different representations with different users.
Europecartrader.com also reserves the right to limit the daily number of imports of data sets by a trader, if this is necessary for technical reasons (capacity, data transmission, etc.).
In particular, for technical reasons (eg unforeseen system failures) content may be temporarily unavailable or limited.
The right to use the Europecartrader.com service and their functions exists only within the framework of the current state of technology.
§ 4 Conclusion of contract and registration, account and account data
Each trader must register with Europecartrader.com in order to use the service. Registration is only allowed for legal entities and natural persons with unlimited legal capacity. Especially minors are not allowed to register. The person who makes the registration for a legal entity must be authorized to conclude appropriate contracts.
Only one registration is allowed per trader.
By submitting the trader's data during the registration process, the trader makes an offer to conclude a contract on the use of the Europecartrader.com service subject to these terms and conditions.
Europecartrader.com shall decide on the acceptance of the offer at its reasonable discretion. If Europecartrader.com confirms the offer of the trader, a contract between the trader and Europecartrader.com is concluded. If Europecartrader.com does not confirm the registration within a reasonable period of time by email to the email address provided by the trader, the trader is no longer bound to his offer.
The use of the services offered by Europecartrader.com requires the registration and the allocation of a user ID by Europecartrader.com. The registration takes place under complete and correct indication of the user-related data and presentation of a trade proof in the motor vehicle trade and a mandate for the participation in the SEPA direct debit procedure. A further prerequisite is the applicant's agreement to the validity of these General Terms and Conditions. For contractual partners from EU countries outside the Federal Republic of Germany, a further prerequisite is the notification of the corresponding valid foreign VAT identification number.
The traders, with the admission to participate in the services and performances offered by Europecartrader.com, are provided with the online access data necessary for the use of the system
The admission takes place by notification on the part of Europecartrader.com via e-mail under announcement of the user identification and login data.
A claim for admission to the Europecartrader.com system does not exist.
In the context of the decision on the acceptance of the registration and the current contractual relationship, Europecartrader.com may demand the submission of all documents and information that appear necessary or expedient for the registration or maintenance of the contractual relationship (e.g. extract from the commercial register, trade register extract).
In the case of contracts concluded between entrepreneurs in the context of electronic commerce, Section 312i (1) Sentence 1 No. 1 to 3 and Sentence 2 of the German Civil Code (BGB) shall not apply.
The trader must check the correctness of the data provided during the registration process and whenever changes are made. If the data provided changes after the registration, the trader is obliged to inform Europecartrader.com immediately in writing or in text form.
The trader is obligated to carefully secure his access data, in particular to keep his password secret. He must inform Europecartrader.com immediately of any suspicion of misuse of his access data by third parties. In order to ensure the security of the traders' data, Europecartrader.com will never pass on a trader's password to third parties and will also not ask the trader for the password.
The trader is generally liable for all activities carried out using its access data, unless the trader is not responsible for the misuse of the access data.
§ 5 Search inquiries or offers for sale
1. Only the submission of searches aimed at the purchase of motor vehicles and the submission of offers for sale aimed at the sale of motor vehicles that have been requested in a search query previously entered and activated on the Europecartrader.com database is permitted.
In particular, it is not permitted to post search queries and sales offers that are directed at
the conclusion of a leasing, rental or hire-purchase agreement or any other form of financing or transfer of use of motor vehicles
the assumption of motor vehicle purchase or leasing contracts,
the purchase or sale of other items of any kind,
the sale of motor vehicle spare parts and motor vehicle accessories.,
the sale or promotion of software,
the promotion of services.
The dealer must always provide complete and truthful information regarding the vehicle, the equipment of the vehicle, the mileage of the vehicle, the asking price, the legal relationships to the vehicle and the other contents of the offer. Erroneously incorrect information must be corrected immediately upon becoming aware of it.
In addition, the dealer must state the condition of the vehicle, in particular whether there is damage to a not insignificant extent. Considerable damage is understood to mean in particular damage to the engine and transmission, damage caused by traffic accidents, fire, severe weather or water, the repair of which is not possible or only possible by incurring considerable repair costs. Minor damage is excluded from this and should be specified in the offer. Repaired previous damages of not insignificant extent known to the seller are to be disclosed.
Vehicles are sold exclusively to commercial customers.
Within a search request or an offer for sale, several vehicles may not be requested or offered individually or as a package.
The search queries or sales offers must not violate legal regulations or morality. The regulations of the copyright and trademark law, the telemedia law (Impressum obligation) and the Pkw-EnVKV must always be observed.
The trader must provide correct and truthful price information and representations. Net final prices must be stated first. These must not take into account any services provided by the trader or third parties, the receipt of which is subject to conditions yet to be fulfilled. Offers for sale with incorrect or misleading price information are inadmissible.
The traders undertake to pay the value added tax according to the legal provisions at the conclusion of a purchase contract.
The trader may post his offers in the Europecartrader.com database only with such photos for which he has the unrestricted copyrights or rights of use. The photos must reflect the actual condition of the offered vehicle and must not be misleading.
It is generally not permitted to include references (links, e-mail addresses and non-activated web addresses) to external websites, other services and sources of information in an offer for sale, unless these are required by law or are links to our own externally stored vehicle images, PDF files and multimedia presentations, if these contain additional information about the offered vehicle.
§ 6. Auction Process
Each trader can enter any number of search queries into the Europecartrader.com database. A specific price can be specified in the search query. A publication of the search query takes place only after verification by Europecartrader.com. The search queries are published anonymously on Europecartrader.com after activation.
Each trader can only submit concrete non-binding offers in response to posted and activated search queries. The offers are not binding. The traders can reserve the right of intermediate sales. The offers are published anonymously for a period of 7 days after activation. Several offers regarding the same vehicle cannot be submitted per search query. However, different offers with different vehicles can be submitted per search query, provided that the offers correspond to the search query.
Within the publication period of the non-binding offers, the traders can enter into negotiations. The negotiation period is 48 hours. During the negotiation period, the dealer who submits the sales offer must be in a position to immediately conclude a legally effective purchase contract with an interested party for the offered vehicle and to hand over and transfer ownership of the vehicle at the specified availability time or delivery time. Also during the negotiation period both dealers remain anonymous.
The negotiation period starts as soon as a trader indicates his willingness to negotiate to the offeror. The status of the offer changes "in negotiation".
The traders can accept the other trader's offer or make a new offer naming a different price during this negotiation period (live auction). Each trader can name a new price at any time. Traders can exclusively outbid each other, i.e. only quote a higher price. Bidders can exclusively underbid each other, i.e. only quote a lower price. Each trader can stop the negotiations before the end of the negotiation period.
The negotiation period ends as soon as one trader accepts the offer of the other trader, one trader breaks off the negotiations or the period of 48 hours has expired. If the negotiation period ends, the respective offer for the trader, which is with the offerer "in negotiation" no longer visible.
If several traders want to accept the non-binding offer of the offerer, the offerer has the right to choose with whom he wants to conclude a purchase contract.
It is also possible for other traders to participate in the live auction as soon as the status of the offer changes to "in negotiation". The other traders can also exclusively outbid themselves, i.e. only specify a higher price.
Once two traders have agreed on the conclusion of a purchase contract, the data of the respective contracting party will be sent to the other party by e-mail.
The anonymity is removed as soon as a so-called "deal" is made. The required trader data is sent by e-mail to the respective contract partners. The settlement then runs between the traders, Europecartrader.com is not involved in the outside settlement. The dealers (searching / offering) commit themselves with the conclusion of a deal to transfer the negotiated price quickly to the account of the respective contracting partner, to organize the transport promptly and to make available the vehicle documents necessary for the completion. If a support of Europecartrader.com is desired for the settlement, this is to be indicated by e-mail to relay to info@europecartrader.com. A flat fee of 99€ gross is required. This fee is also debited at the end of each month.
§ 7 Price and terms of payment
A flat fee is charged for placing a search request. In addition, a commission fee is payable as soon as the traders have concluded a purchase contract for a vehicle.
The flat fee for placing a search request is calculated according to the current price list. Europecartrader.com sends an invoice to traders at the end of each month regarding all fees incurred. The sending of an invoice takes place exclusively electronically by e-mail.
The trader shall be in default if the flat fee is not paid within 14 days after receipt of the invoice from Europecartrader.com. In the event of default, Europecartrader.com shall be entitled to demand interest on arrears in accordance with the statutory provisions
If a search request or an offer is deleted by Europecartrader.com due to a circumstance for which the trader is responsible, a refund of the placement fee or a credit to the performance quota shall only take place if the trader proves that no damage at all or a significantly lower amount of damage has been incurred.
The commission fee shall become due upon agreement of the traders on the sale of a vehicle (commitment transaction). The amount of the commission is calculated according to the applicable price list and is due immediately after the conclusion of the sales contract.
The payment of the trader is basically made by way of SEPA/SWIFT direct debit. For this purpose, the trader grants Europecartrader.com a corresponding SEPA/SWIFT direct debit mandate within the scope of registration.
In this case, the final amount shown on the invoice is debited from the traders account after the due date. The trader must ensure that his account is adequately covered at all times.
The trader shall reimburse all costs incurred due to the fact that a direct debit is not honored and the trader is responsible for this. The trader is free to prove that the costs were not incurred or were not incurred in the amount claimed.
§ 8 Measures in the event of violations of statutory provisions, third-party rights or these Terms and Conditions
Europecartrader.com may take the following measures listed in this clause, after weighing the legitimate interests and taking into account the individual case, if there are concrete indications that a trader violates legal regulations, rights of third parties or these terms and conditions, or if Europecartrader.com has another legitimate interest. This applies in particular in the case of a delay in payment, the revocation of a direct debit authorization or a return debit note. The following measures may be taken in particular:
Delay in the publication of content posted on Europecartrader.com
Deletion of search queries, sales offers or the trader account. Europecartrader.com can delete search queries or offers if they violate these terms and conditions in terms of content or presentation.
Trader Warning Notification
Restrictions on the use of the Europecartrader.com service
Temporary or permanent blocking of traders. A temporary blocking has the consequence that the trader can no longer log in via the Europecartrader.com service and his offers and vehicles can no longer be accessed via the Europecartrader.com service.
Termination of the user relationship if the trader repeatedly or particularly seriously violates these terms and conditions or if there is any other important reason.
The contractual relationship existing between Europecartrader.com and the trader can be terminated by either party within 30 days.
From receipt of a termination declared by Europecartrader.com, the trader may not post any search queries or sales offers or make use of other services of Europecartrader.com. In all other respects, the rights of Europecartrader.com with regard to the measures in accordance with this § 6 as well as the right to termination without notice for good cause remain unaffected. Deviating from this, other notice periods can be agreed upon by individual agreement.
3. Europecartrader.com will inform the trader in the event of a termination or final blocking 30 days before the termination or blocking takes effect and justify the measure taken, unless there are compelling reasons to the contrary. This period does not apply if the termination or final blocking is due to mandatory legal provisions or official orders or Europecartrader.com can prove that the trader has repeatedly violated these terms and conditions and was therefore terminated or his account was permanently blocked.
§ 9 Responsibility for the content of the search queries or offers
The trader is solely responsible for the content of the search queries and sales offers. Neither their correctness nor their completeness are checked by Europecartrader.com. Europecartrader.com assumes no responsibility for the accuracy and completeness of the data.
Europecartrader.com does not assume any warranty or liability that the search queries or sales offers comply with the legal provisions. In particular, Europecartrader.com does not assume any warranty or liability for the fact that sales contracts concluded via the Europecartrader.com database are enforceable according to the national law of an affected state or otherwise do not have the desired legal or economic consequences for one or both contracting parties of the sales contract.
§ 10 Exemption
The trader is solely responsible for the legality or accuracy of the content posted by the trader. Europecartrader.com is merely a technical service provider and as such does not act as an intermediary or representative of the trader or otherwise on his behalf. In particular, Europecartrader.com is not obligated pursuant to § 7 TMG to monitor the transmitted or stored information or to research circumstances that indicate illegal activity.
In particular, the trader undertakes to comply with the requirements for the design of advertisements pursuant to § 4 of these terms and conditions when designing the posted content and to ensure that the content does not violate any statutory provisions. The trader further undertakes not to make accessible any content that is relevant under criminal law or that poses a credit risk.
The trader indemnifies Europecartrader.com from all claims, which third parties assert against Europecartrader.com due to the violation of their rights by his search query or his sales offer or due to the other use of the Europecartrader.com service by the trader. The trader assumes the costs of the necessary legal defense by Europecartrader.com, including all court and attorney's fees, unless the trader is not responsible for the infringement.
§ 11 Warranty
1. The Europecartrader.com database is available at least 90% of the month. Due to the implementation of necessary maintenance work and improvements, it may happen that individual functions are not available for a short or medium period of time.
2. Europecartrader.com does not guarantee the accuracy and timeliness of the data entered by traders in the Europecartrader.com database.
3. Europecartrader.com shall not be released from its obligation to perform in cases of force majeure. Force majeure shall be all unforeseen events as well as such events whose effects on the performance of the contract are not the responsibility of either party. Such events include, in particular, lawful labor disputes, including in third party companies, official measures, failure of communication networks and gateways of other operators, disruptions in the area of line providers, other technical failures, even if these circumstances occur in the area of subcontractors, sub-suppliers or their subcontractors or with operators of sub-node computers authorized by the Provider. Insofar as Europecartrader.com is not responsible for failures, no claims of the traders against Europecartrader.com arise
§ 12 Limitation of liability
Europecartrader.com shall only be liable for damages, except in the case of a breach of essential contractual obligations, if and to the extent that Europecartrader.com, its legal representatives, executive employees or other vicarious agents are guilty of intent or gross negligence.
Material contractual obligations are those obligations the fulfillment of which is essential to the proper performance of the contract, the observance of which the contracting party may regularly rely on, and the breach of which jeopardizes the achievement of the purpose of the contract.
Except in the case of intent or gross negligence of legal representatives, executives or other vicarious agents, the liability of Europecartrader.com is limited to the amount of damages typically foreseeable at the time of the conclusion of the contract. In the event of delay, liability shall be limited to 5% of the order value.
Insofar as Europecartrader.com is only liable in the amount of the typically foreseeable damage in accordance with section 2, there shall be no liability for indirect damage, consequential damage or loss of profit.
Sections 1. to. 4. shall not apply in the case of the assumption of expressed guarantees by Europecartrader.com and for damages arising from injury to life, body or health as well as in the case of mandatory statutory regulations.
§ 13 Offsetting, right of retention
The trader is not entitled to any rights of retention, insofar as they are based on counterclaims from other legal transactions with Europecartrader.com.
The Trader may only offset such claims that are undisputed or have been legally established or are in a close mutual relationship to the claim of Europecartrader.com.
§ 14 Copyrights and rights of use
All data, information, logos, texts, programs and images of the search queries or sales offers posted via the Europecartrader.com service may be subject to copyright. Furthermore, the other images retrievable via the Europecartrader.com service are also subject to copyright. The modification, further processing and use in media of any kind by third parties is not permitted. The rights of the respective author and the trader remain unaffected.
§ 15 Data Protection
The trader undertakes to comply with the Privacy Policy.
§ 16 Price changes
Europecartrader.com is entitled to increase the prices once a year up to a maximum of 5%.
Furthermore, Europecartrader.com shall be entitled, at its reasonable discretion, to change the prices in an inflation-adjusted manner and due to cost increases resulting from IT maintenance and further development (new features / functions for the Users) by adding the additional costs of XX to the prices on a percentage basis in the amount of the increase. Price changes will be announced by Europecartrader.com in such a timely manner that the trader can exercise his right to terminate the contractual relationship extraordinarily or in compliance with the contractually agreed notice period with termination date before the new prices apply. If the Trader does not exercise this right and continues to use the services of Europecartrader.com after the effective date of the price change by means of a clear confirming action, the price change shall become binding for both contractual partners. Invoicing shall then take place on the basis of the price change.
§ 17 Changes in terms and conditions
Europecartrader.com may offer these terms and conditions in an amended form to the traders by way of an amendment offer with a reasonable period of notice of at least 15 days at its reasonable discretion, taking into account the interests of both contracting parties, due to changes in the market situation, changes in the legal situation or supreme court rulings. The amended terms and conditions shall be made available to the traders on a durable data carrier no later than 15 days before they take effect. Europecartrader.com's offer of amendment shall be deemed to be accepted, unless the amendment is objected to in text form within 15 days of notification. If the trader does not agree with the changes, he has the right to terminate the agreement without notice until the proposed date of the changes taking effect. Europecartrader.com will specifically inform the trader of the right of rejection, the period within which this is to be asserted, as well as the possibility of termination when submitting the offer of change. The amended terms and conditions will also be published on the website of Europecartrader.com.
§ 18 Closing provisions
The contract of use including these terms and conditions shall be governed in application and interpretation exclusively by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods of April 11, 1998 is excluded.
The place of performance is Munich, Germany. Munich is agreed as the exclusive place of jurisdiction for all claims arising from or in connection with the contract of use, including these terms and conditions, insofar as the trader is domiciled outside the Federal Republic of Germany (Art. 25 EuGVVO) or the domestic trader (domiciled in the Federal Republic of Germany) is a trader, a legal entity, or a special fund under public law. The same applies if the dealer moves his residence abroad after conclusion of the contract or has no general place of jurisdiction in Germany.
Amendments or supplements to the contract, including this clause, must be made in writing in accordance with Section 126 (1) and (2) of the German Civil Code (BGB) in order to be effective.
Should individual provisions of these terms and conditions be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these terms and conditions that are not included or are invalid. If there are any loopholes or if they would lead to an unacceptable result, the parties shall enter into negotiations to replace the unincluded or invalid provision with a valid provision that comes as close as possible to the economic purpose of the unincluded or invalid provision.
