GTC Consumer

Terms and Conditions (T&C) for the Use of carmalls.de (Varietur Trading GmbH)

§ 1 Scope

(1) These Terms and Conditions (T&C) apply to all contracts and services between Varietur Trading GmbH, Wacholderweg 8, 41564 Kaarst (hereinafter "Carmalls"), and the private users of the services accessible through the website www.carmalls.de (hereinafter "Users"). These T&C govern the use of the vehicle database and other related services. Additionally, the requirements for the design of advertisements as well as our privacy policy apply. For commercial users, the Terms and Conditions for the use of services accessible through the website www.carmalls.de by companies apply.

(2) Supplementary or deviating conditions of the User are not recognized, unless Carmalls expressly agrees to their validity in writing.

§ 2 Services of Carmalls

(1) Carmalls operates a database in which vehicle advertisements are stored. Carmalls grants its Users online access to the contents stored in the database via the "Search" section and allows Users to post their own content (hereinafter "Advertisements") into the database via the "Post" section. Carmalls is neither an intermediary, buyer, seller, nor representative of the buyer or seller of the vehicles stored in the database, but merely a technical service provider.

(2) The provision of access and the posting of content in the database are at the discretion of Carmalls. The User has no claim to the maintenance of specific services or parts thereof.

§ 3 User Registration

(1) The use of certain services of Carmalls requires the User to register on the Carmalls website. Registration is only permitted for adults who are fully legally competent. Only registered Users can post advertisements in the Carmalls database.

(2) During registration, the User must provide their name, address, telephone number, email address, and a password. The User must provide truthful information on the registration form and update the information promptly in case of changes. Each User may only register once with Carmalls. Registrations are non-transferable and may only be used by the registered User.

(3) The email address and password are the access data for using the registration-required services of Carmalls. The User must keep the password confidential and may not disclose it to third parties. If third parties gain knowledge of the User's password, the User must notify Carmalls immediately and change the password.

(4) Carmalls reserves the right to delete registrations where the User has not logged in for more than 12 months.

(5) The personal data collected during registration are subject to our privacy policy.

§ 4 Posting Content in the Database

(1) By submitting the registration data and the content intended for posting in the database, the User submits an offer to Carmalls to conclude a contract for the temporary inclusion and provision of the content in the database. Carmalls decides whether to accept the offer upon receipt. Acceptance of the offer occurs by including the content in the database.

(2) The permissible number of advertisements simultaneously retrievable in the database is limited to two per User, and the User may not post more than two different vehicles within a calendar month. If the User has more than two advertisements simultaneously retrievable in the database or posts more than two different vehicles in the calendar month, Carmalls is entitled to delete the advertisements. Circumventing this rule, especially by using multiple registrations, also entitles Carmalls to delete the advertisements and registrations.

(3) Advertisements are retrievable from the database for eight weeks unless deleted by the User. After eight weeks, the advertisement may be deleted by Carmalls.

(4) The placement of advertisements is at the discretion of Carmalls. Carmalls is entitled at any time to limit the availability of advertisements in the database spatially and temporally as well as in number, and to delete advertisements from the database or prevent their forwarding if they do not meet the requirements for the design of advertisements, are considered illegal by Carmalls, or are objected to by third parties.

§ 5 Responsibility for Content

(1) The User is responsible for the content they post. They must ensure that the content is not illegal and does not infringe on the rights of third parties (e.g., copyright or trademark rights). Carmalls is not obliged to check whether posted content affects the rights of third parties or violates legal regulations. The User is obliged to correct or delete the content they have posted if it does not meet the requirements for the design of advertisements. Changes can be made by the User through the "My Carmalls" menu.

(2) The User indemnifies Carmalls from all third-party claims, including the costs of legal action, arising from the adoption of the User's content into the Carmalls database in unchanged form.

(3) The User must ensure that the files they transmit do not contain viruses or similar harmful programs. Carmalls may delete such files without the User having any claims as a result. Carmalls reserves the right to claim damages due to virus-related damage.

§ 6 Usage Rights

By submitting advertisements, the User grants Carmalls and its affiliated companies the following non-exclusive, transferable, unlimited rights (including the right to grant sublicenses) to the transmitted content:

• the right to archive and database, i.e., the right to archive the content in any form and, in particular, to digitize it, enter it into databases, store it on all known storage media and any data carriers, and combine it with other works or parts of works;
• the right to reproduce and distribute, i.e., the right to store, reproduce, and make the content accessible or distribute it in whole or in part in electronic or other media (e.g., newspapers, magazines);
• the right to edit, i.e., the right to edit the content in any way, in particular, to change, shorten, supplement, and combine it with other content.

Carmalls is also entitled to have the aforementioned actions carried out by third parties.

§ 7 Rights to the Database

(1) Carmalls owns the rights to the content of the website and the database. All copyrights, trademark rights, and other protection rights in the database work, the database, and the content, data, and other elements contained therein belong exclusively to Carmalls; the User's rights to the content they have posted remain unaffected.

(2) The User has the right under these T&C to make individual data records visible on their screen using the online search masks provided by Carmalls and to create a printout for permanent visibility. Automated queries through scripts, bypassing the search mask using search software, or similar measures are not permitted.

(3) The User may not use the data obtained through queries, either fully, partially, or in excerpts, to create their own database in any media form and/or for commercial data exploitation or information services and/or for any other commercial use. Linking, integrating, or otherwise connecting the database or individual elements of the database with other databases or meta-databases is prohibited.

§ 8 Warranty

(1) Carmalls does not guarantee the accuracy and completeness of the information provided by Users and the declarations made, nor the identity and integrity of the Users.

(2) The content or advertisements posted in the database are third-party content for Carmalls in terms of § 8 paragraph 1 of the Telemedia Act (TMG). The legal responsibility for this content lies with the person who posted the content in the database.

(3) Carmalls does not guarantee technical faults, especially the continuous and uninterrupted availability of the database and its content, or the complete and error-free reproduction of the content posted by the User in the database.

§ 9 Liability

(1) For damages caused to the User in connection with the services of Carmalls by Carmalls, subcontractors, or their respective vicarious agents, the following applies: In cases of intent or gross negligence and in the presence of a guarantee, liability is unlimited. In cases of slight negligence, liability is also unlimited in the event of injury to life, body, or health. For a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable, typically occurring damage. Any further liability for damages is excluded, except for claims under the Product Liability Act.

(2) Carmalls is only liable for data loss and the costs of useless data entry within the scope of the above provisions, to the extent that the damage could not have been avoided even if the User had backed up the data in machine-readable form at the latest processing status.

(3) Any contributory negligence on the part of the User must always be taken into account. The User is particularly obliged to verify the accuracy of the data they have posted and displayed by Carmalls through at least one search query.

(4) The above provisions also apply in favor of Carmalls' employees.

§ 10 Termination

(1) Users can terminate the services of Carmalls at any time. To do so, a User can delete their registration at any time. From that point on, it is no longer possible for the User to post new vehicles or edit existing advertisements.

(2) Carmalls may terminate the services at any time with 14 days' notice to the Users. The right to block a registration or delete individual advertisements remains unaffected.

§ 11 Final Provisions

(1) The legal relationships between Carmalls and the User are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

(2) The place of jurisdiction is Kaarst, provided that the buyer is a merchant or a legal entity under public law or a special fund under public law. The same applies if the customer has no general place of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time of the lawsuit. The right to also appeal to the court at another statutory place of jurisdiction remains unaffected.

Consumer Information according to Regulation (EU) No. 524/2013

As part of the regulation on online dispute resolution in consumer matters, an online dispute resolution platform of the EU Commission is available at https://ec.europa.eu/consumers/odr/.

We do not participate in a dispute resolution procedure before a consumer arbitration board.