Terms and conditions

General Terms and Conditions (GTC) for the use of carmalls.de (Varietur Trading GmbH)

§ 1 Scope of Application

(1) These General Terms and Conditions (GTC) apply to all contracts and services between Varietur Trading GmbH, Wacholderweg 8, 41564 Kaarst (hereinafter "Carmalls") and private users of the services accessible via the website www.carmalls.de (hereinafter "Users"). These GTC regulate the use of the vehicle database and related services. Additionally, the requirements for the design of advertisements and our privacy notices apply. For commercial users, the General Terms and Conditions for the use of the services accessible via www.carmalls.de by companies apply. (2) Supplementary or deviating conditions from users will not be recognized unless Carmalls explicitly agrees to them in writing.

§ 2 Services Provided by Carmalls

(1) The vehicle advertisements are stored in the database operated by Carmalls. Carmalls grants its users online access to the contents stored in the database through the "Search" section and allows users to post their own content (hereinafter "Advertisements") into the database through the "Post Advertisement" section. Carmalls is neither a broker, buyer, or seller nor a representative of the buyer or seller of the vehicles listed in the database; it only acts as a technical service provider. (2) The provision of access and posting of content in the database is at the discretion of Carmalls. Users have no claim to the retention of specific services or parts thereof.

§ 3 Registration by the User

(1) The use of certain services on Carmalls requires user registration on the Carmalls website. Only adult users who are fully legally competent are allowed to register. Only registered users can post advertisements in the Carmalls database. (2) Users must provide their name, address, telephone number, email address, and a password during registration. The information must be truthful, and users must update it immediately if there are any changes. Each user may only register once on Carmalls. Registrations are non-transferable and may only be used by the registered user. (3) The email address and password serve as login credentials for the services that require registration. Users must keep their password confidential and not share it with third parties. If third parties gain knowledge of the password, users must immediately notify Carmalls and change the password. (4) Carmalls reserves the right to delete registrations if 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 registration data and content intended for posting in the database, the user makes an offer to Carmalls to enter into a contract for the limited-time inclusion and provision of the content in the database. Carmalls decides whether to accept the offer. Acceptance occurs through the inclusion of the content in the database. (2) Users are limited to two advertisements in the database at any given time, and they may not post more than two different vehicles per calendar month. If a user exceeds these limits, Carmalls is entitled to delete the advertisements. Circumventing this rule, particularly by using multiple registrations, also entitles Carmalls to delete the advertisements and registrations. (3) Advertisements remain available in the database for eight weeks unless deleted by the user beforehand. After eight weeks, Carmalls may delete the advertisement. (4) The placement of advertisements is at Carmalls' discretion. Carmalls reserves the right to limit the availability of advertisements in the database in terms of location, time, and number and to delete or prevent the forwarding of advertisements that do not meet the ad design requirements, are deemed illegal by Carmalls, or are subject to complaints by third parties.

§ 5 Responsibility for Content

(1) Users are solely responsible for the content they post. In particular, they ensure that the content is not illegal and does not infringe on third-party rights (e.g., copyright or trademark rights). Carmalls is not obliged to check whether posted content infringes third-party rights or violates legal regulations. Users are obligated to correct or delete their content if it does not meet the ad design requirements. Users can make changes via the "My Carmalls" menu. (2) Users indemnify Carmalls from all third-party claims, including legal defense costs, arising from the unmodified incorporation of user content into the Carmalls database. (3) Users must ensure that files they submit are free of viruses or similar harmful programs. Carmalls reserves the right to delete such files without compensation. Carmalls may claim damages due to virus-related harm.

§ 6 Usage Rights

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

Archiving and Database Rights: The right to archive the content in any form, particularly in digital format, and store it in databases or on any storage medium.
Reproduction and Distribution Rights: The right to store, reproduce, and make the content available or distribute it in electronic or other media (e.g., newspapers, magazines), in whole or in part.
Editing Rights: The right to edit the content, particularly to modify, shorten, supplement, or combine it with other content. Carmalls is also entitled to delegate these actions to third parties.

§ 7 Rights to the Database

(1) Carmalls holds all intellectual property rights to the website's content and database. All copyrights, trademarks, and other protective rights to the database and the elements contained therein belong exclusively to Carmalls, except for users' rights to their posted content. (2) Users are granted the right to display individual data sets on their screen using Carmalls’ online search tools and to create a permanent printout for their use. Automated queries using scripts or search software are prohibited. (3) Users may not use the queried data to build their own database or for commercial data utilization or disclosure.

§ 8 Warranty

Carmalls does not guarantee the accuracy, completeness, or identity of users’ information and statements or the technical availability of the database. Carmalls is not responsible for third-party content posted in the database.

§ 9 Liability

Carmalls' liability is limited to intent or gross negligence and specific contract obligations in cases of slight negligence, with liability capped for foreseeable damages. Liability for product defects and claims under the Product Liability Act remain unaffected.

§ 10 Termination

Users can terminate their services at any time by deleting their registration, while Carmalls reserves the right to terminate services with 14 days’ notice.

§ 11 Final Provisions

The legal relationship between Carmalls and the user is governed by German law. The jurisdiction is Kaarst unless otherwise required by law.