General Terms and Conditions of AutodealerXL

I. General, Legally binding nature of the GTC, Definitions

1. AutodealerXL B.V. (“AutodealerXL“) is the developer and owner of the rights to a web-based platform (“Platform“) and a software application (“Software“) to manage and sell the inventory of used motor vehicles (“Vehicles“). AutodealerXL enables the acquisition and sale of Vehicles through the Platform within online auctions and offers the use of the Platform and the Software as well as certain additional services in accordance with these General Terms and Conditions (“GTC“).

Within the online auctions, a purchase contract for the Vehicle to be auctioned is concluded between the seller of a Vehicle (“Seller“) and the auction house (“Auction House“) or a motor vehicle dealer (“Partner Dealer“). If a corresponding framework agreement exists between the Seller and AutodealerXL, the purchase contract is concluded between AutodealerXL – Autoveiling EU (“Autoveiling EU“), a subsidiary of AutodealerXL, and the Auction House or the Partner Dealer, subject to the condition that the Vehicle is auctioned off to an Auction House or Partner Dealer in the same auction. If the condition occurs, Autoveiling EU thus becomes a party to the purchase contract.

2. These GTC apply to all legal relationships arising from online auctions, e. to the legal relationships between AutodealerXL and Sellers, AutodealerXL and Auction Houses, AutodealerXL and Partner Dealers as well as to the legal relationships between Sellers and Autoveiling EU. They also apply to the legal relationships between Sellers and Auction Houses and Sellers and Partner Dealers and finally to the legal relationships between Partner Dealers and Auction Houses. Furthermore, they apply to all framework agreements concluded between AutodealerXL and Sellers, Auction Houses and Partner Dealers as well as to all other sales of Vehicles brokered by AutodealerXL.
3. The use of the Platform and the Software of AutodealerXL is exclusively permitted to such customers, who are operators of a commercial business in the sense of § 14 German Civil Code (BGB).
4. These GTC are stored on the website of AutodealerXL in printable With their registration, the users (Sellers, Auction Houses and Partner Dealers) (“Users“) of the Platform and Software accept these GTC.
5. AutodealerXL reserves the right to amend the GTC, in particular in the event of changes of law, changes in jurisprudence or changes in economic circumstances. Such changes will be published on the website of AutodealerXL and in this way brought to the attention of They shall be deemed accepted if Users do not object to them within 4 weeks upon publication on the AutodealerXL website. When changes to the GTC are published, Users will again be informed about the 4-week objection period and the fact that the changed GTC will become valid if they are not objected to in writing within the 4-week period.
6. Deviating, conflicting or supplementary terms and conditions, in particular general terms and conditions of Sellers and Auction Houses, shall only apply if and to the extent that AutodealerXL has agreed to them in writing, e.g. by concluding a framework agreement. Insofar as a framework agreement exists with a Seller or an Auction House, it may contain provisions that take precedence in the event of a deviation from the provisions of these GTC.

II. Login, Registration and Access to the Platform

1. The use of the Platform requires the User’s login and
2. Natural persons and legal entities are authorized to When registering, Users shall prove their identity by presenting an excerpt from the commercial register/trade license and a valid ID

 

card. In the case of legal entities, the presentation of the identity card of the legal representative is required.

3. When registering, Users shall provide their full company name, their address, bank details and e- mail address as well as any other information requested by AutodealerXL in full and correctly. In addition, they are obliged to provide their valid tax number and/or their value added tax identification number (VAT ID) when registering. For Users from a country within the EU, the provision of a notification of the valid VAT ID number issued to them is The tax number and/or VAT ID number will be used for the contractual relationship with AutodealerXL as long as it is not revoked in writing by the Users.
4. Users from a country outside the EU are required to submit a certificate of proof regarding their status as an operator of a commercial business issued by the tax office responsible for them when registering. The date of issue of such certificate shall not be older than 12 months.
5. The User’s registration constitutes an offer to conclude a user contract with respect to AutodealerXL’s Platform and AutodealerXL reserves the right to accept or reject the conclusion of the contract at its own discretion. There is no entitlement to the conclusion of a contract. The user contract for the Platform and Software shall effectively be concluded after accepted by means of activation at https://app.AutodealerXL.com and the creation of a user account (“Account“).
6. Users are obliged to provide all data requested during registration completely and If the data provided during registration changes, the information shall be adjusted immediately. In the event of inaccurate information, AutodealerXL is entitled at any time to temporarily or permanently block the Account and access to the Platform.
7. If Users delete their Account, this requires a written notification to AutodealerXL. Upon receipt of this notification, AutodealerXL will delete all actively entered data and content unless it is part of an active or completed auction and must still be visible to other auction participants (e.g. auction parameters, vehicle data). Passively obtained data (e.g. the number of completed orders) as well as transaction- related data and internal processes, such as accounting processes, remain stored, but are no longer
8. Users shall ensure that their accounts are used exclusively by them or by authorized persons. They are obliged to keep all access data and passwords confidential. They are liable for any use of the password and are responsible for all actions taken in the context of the use of the Accounts. If it is suspected that the password has been stolen or that third parties have had or may have unauthorized access to the Account, Users are obliged to notify AutodealerXL immediately and to change the affected access data (including the password) immediately. Users shall bear responsibility for any use of AutodealerXL’s services by means of their access data until 1 business day after such notification, including all direct or indirect consequences. Any liability of AutodealerXL, in particular due to the loss of the password or other information, is excluded. This shall not affect the liability under section XIII of these GTC.
9. If the User is an Auction House, only the creation of one Account is allowed. The account is not transferable. If the User is a Seller, multiple accounts with different functions and permissions can be
10. The data stored in an Account regarding the authorized person(s), such as the name, telephone, address, login, password, account data and information about the storage location and the contact person can be edited independently by the User.
11. There is no entitlement to admission to use the online platform. AutodealerXL is entitled to refuse or withdraw admission without stating Admission will be refused or withdrawn in particular in the event of false information provided during registration, misuse of AutodealerXL’s services, infringement

 

of third party rights, default/ non-fulfilment of contractual service obligations, insolvency or settlement proceedings against the User’s assets or dismissal of insolvency proceedings for lack of assets.

12. Usually, the contractual relationship between AutodealerXL and the User is regulated by concluding a framework agreement in the course of the registration process.
13. If the User intends to make use of the permissible option to deregister his Account and a framework agreement exists, he shall observe the term and notice periods agreed therein.
14. The User shall compensate AutodealerXL for all damages suffered by the latter as a result of liability under Section 25e of the Act on the Avoidance of Value Added Tax Losses on Trade in Goods on the Internet due to a tax not paid by the User concerned.

III. Legal status of AutodealerXL

1. By means of the Platform and Software, AutodealerXL auctions Vehicles in the name of others and for its own account. AutodealerXL collects the purchase price plus purchaser’s fee in its own name. The Seller assigns to AutodealerXL all rights arising from the purchase contract concluded with the Auction House or the Partner AutodealerXL hereby accepts the assignment. AutodealerXL will disclose the name of the Seller to the Auction House or the Partner Dealer in the event of a justified complaint, provided that the Auction House or the Partner Dealer request this in writing.
2. AutodealerXL itself does not become a party to the purchase contracts concluded via the
3. AutodealerXL reserves the right to modify or discontinue its offered services or parts thereof at any time or to replace them by other services. The User has no claim to the retention of certain services.

IV.  Duties of the Seller

1. The Seller shall accurately and completely describe the Vehicle to be He shall truthfully state on the Platform all characteristics and features as well as defects which are considered essential for the decision to purchase in the course of trade. This includes in particular the following information:
   • Vehicle identification number (VIN )
   • Date of first registration
   • Number of holders
   • previous use/origin of the Vehicle (e.g. re-import)
   • Equipment
   • Minimum price
   • Information on standard or differential taxation
   • Mileage
   • Accidental/previous damage

 

The Seller shall provide detailed and comprehensive information on accident and previous damages as well as technical defects. He has to guarantee that the Vehicle is in a condition to be driven and roadworthy. Should the Vehicle not be in such condition and/or roadworthy, he has to explicitly state this on the Platform.

 

2. If vehicle data is created via external service providers, such as appraisers, there are three options for accessing this data:

1. the Seller creates AutodealerXL as a registered user of his appraisal account,
2. the Seller authorizes AutodealerXL with a declaration of right of use for his respective

 

customer number of the web service or similar services of the appraiser organization for accessing the and exchange of the appraisal data (condition reports, photos, reduced value appraisals, etc.),

1. the Seller provides AutodealerXL in accordance with the appraiser conditions the existing Server Login data of the Seller available.

 

3. All essential data concerning the sale of a Vehicle are stored in the log of the customer and the auction. This also includes the deadlines for the timely provision of the vehicle documents as well as for the provision of the Vehicle after receipt of payment. The Seller is liable for the correctness and completeness of the information stored in the auction log and customer log, as well as for compliance with the deadlines. Any disadvantages or damage incurred due to incorrect or omitted information as well as late or non-receipt of documents shall be borne exclusively by the Seller.

 

4. Insofar as the vehicle description of the Seller contains vehicle data of the manufacturer, g. via a DAT query, and this vehicle data deviates from the data entered by the Seller, the information of the Seller shall be decisive. If the photos of the Vehicle posted on the Platform show deviations from the written information of the Seller, the photos of the Vehicle shall be decisive.

 

5. AutodealerXL is entitled to exclude a Vehicle from participation in an auction, in particular if AutodealerXL determines that the information provided by the Seller does not correspond to the actual condition of the Vehicle. AutodealerXL has no obligation to verify the information provided by the Seller. The description and photographs of a Vehicle may not contain advertising for other vehicles.

 

6. The seller warrants that the Vehicle is in its absolute ownership or, if it is not in its ownership or otherwise encumbered with rights of third parties, that he is entitled to sell the Vehicle.

 

7. The Seller is obliged to not offer Vehicles placed with AutodealerXL on other marketing platforms or through other marketing He is also not permitted to, directly or through a third party, place bids on a Vehicle placed by himself during the term of such auction.

 

8. After the sale of a Vehicle, the Seller shall provide AutodealerXL with an invoice for the purchase price, make the Vehicle with vehicle documents as well as all keys and any accessories available for collection, stating the location in the AutodealerXL system, and hand it over to the purchaser or to a transport company commissioned to collect it on presentation of a collection Upon instruction and after consultation with AutodealerXL, the Seller shall send the vehicle documents to an address specified by AutodealerXL.

In doing so, the seller must observe and comply with the deadlines specified by him on the Platform in the auction.

 

9. If the consignment of a Vehicle is cancelled by the Seller or if the Vehicle is excluded from an auction by AutodealerXL because the Seller’s information does not correspond to the actual condition of the Vehicle, AutodealerXL will charge the Seller the fees resulting from the framework agreement or the respective valid price list.

 

V.  Services, Duties of AutodealerXL

 

1. AutodealerXL provides the Platform and the Software to Sellers, Auction Houses and Partner Dealers at the access point of AutodealerXL’s data center (“Place of Performance“).

 

2. AutodealerXL does not guarantee the uninterrupted availability of the services, but strives to achieve an availability of 99.00%. For technical or operational reasons, a temporary limitation of availability is possible. This may be the case in particular with regard to capacity limits, the security or integrity of the data processing systems or due to the implementation of technical measures required for the

 

proper or improved provision of services. In doing so, AutodealerXL will take into account the legitimate interests of all parties involved.

 

2. At the following times, the availability of AutodealerXL’s services is not guaranteed:

 

• daily maintenance (updates and upgrades) from 20:00 – 22:00 – regional time,
• announced maintenance
• the announcement is made at least two business days in advance,
• due to circumstances beyond the control of

 

3. AutodealerXL reserves the right to temporarily or permanently limit the data volume of Sellers for the upload of data (including photos and status information), in particular if this is necessary for technical reasons, such as the maintenance or optimization of the services. AutodealerXL therefore does not assure a minimum volume of storage capacity.

 

4. AutodealerXL provides the Sellers with a recording app with which they can digitally store all vehicle information relevant to the sale, such as condition, equipment and photos, using a smartphone application. AutodealerXL ensures that all deposited vehicle data is transferred to the Seller’s account on the

 

5. AutodealerXL offers the Sellers the use of an “indicator”, which supports them in providing the most complete and meaningful information possible about the Vehicles. There is no check of the topicality, plausibility, correctness or legality of the transmitted contents and data and AutodealerXL assumes no liability for them.

 

6. For the activation of AutodealerXL, Auction Houses receive documentation with the necessary technical details regarding the exchange of data and bids as well as a sample data set with all data types that are transmitted in the communication between the Auction House and AutodealerXL.

A test run takes place before the first activation.

 

7. AutodealerXL offers Users support for technical questions or error messages between 9:00 – 17:00 (CET) from Monday to Friday.

On public holidays at AutodealerXL’s headquarters (currently Munich) this support is not available.

 

Support requests can be made by phone, by email or by chat function on the Platform. AutodealerXL will examine the support requests and submit a solution proposal to the Users. AutodealerXL is not obliged to answer questions from Users concerning services that are not part of the subject matter of the contract.

 

8. If Users of AutodealerXL wish to take advantage of additional services such as consulting, customizing, implementation and reporting, terms and conditions shall be agreed in individual contracts.

 

9. AutodealerXL offers the seller, after separate agreement, a price indication, which, based on the details of the Vehicle (VIN, if applicable), calculates a B2B sales price, which is transmitted via digital The remuneration of AutodealerXL is regulated in a separate contract.

VI.  Purchase Contract and Settlement

1. By means of the Software provided, AutodealerXL auctions the Vehicles in the name of a third party and for its own account. With the acceptance of the highest bid in an auction, a purchase contract is concluded between the Seller – or in the case of the existence of a framework agreement – between

 

Autoveiling EU and the purchaser. If a framework agreement exists, it regulates the detailed procedures.

2. If the Seller has set a minimum price and AutodealerXL sells the Vehicle below the minimum purchase price set by the Seller, this sale shall be subject to the consent of the Seller. This consent can be given by telephone or via the AutodealerXL system. If such consent is not given, the purchase contract will not effectively be concluded. AutodealerXL can then conclude a purchase contract with the purchaser at a different purchase price via the AutodealerXL system or by telephone in agreement with the Seller. The Seller is bound to his offer 24 hours after the acceptance of the provisional bid. An extension of this period is possible in consultation with the Seller.
3. The purchase price to be paid by the purchaser for the sold Vehicle consists of the hammer price and the purchaser’s fee.
4. With the acceptance of the highest bid in an auction or the conclusion of a purchase contract by renegotiation between the Seller and the purchaser, the Seller assigns his purchase price claim against the purchaser /Autoveiling EU to AutodealerXL, which accepts this assignment.
5. AutodealerXL shall collect the purchase price in its own name and for a third party’s account and the purchaser’s fee in its own name and for its own account without becoming a party to the purchase contract. Payment of the invoice is due immediately and does not require a reminder (§ 286 No. 3 BGB).
6. The ownership of the Seller in regard to the auctioned Vehicle is transferred to the purchaser only after full and irrevocable receipt of the purchase price on the bank account of AutodealerXL.
7. Payment of the purchase price by AutodealerXL to the Seller is due two bank working days after receipt of payment by AutodealerXL from the purchaser and after invoicing by the Seller to AutodealerXL/the Autoveiling EU.
8. After the sale of a Vehicle and upon the Seller issuing an invoice, AutodealerXL is entitled to deduct its fees from the purchase price payable to the Seller.
9. Insofar as a purchaser justifiably withdraws from a purchase contract due to incorrect or missing data transmission for which AutodealerXL is responsible, the Seller can place the Vehicle in another auction free of charge with complete and correct vehicle data.
10. AutodealerXL assumes the invoicing to the purchaser and the collection, but not the collection risk for the Seller. If the purchaser refuses payment and acceptance of the Vehicle, AutodealerXL is entitled, on the basis of the assignment agreement with the Seller, to withdraw from the purchase contract and claim damages for non-performance.

If a framework agreement exists, in such a case AutodealerXL is entitled, on the basis of an assignment agreement with Autoveiling EU, to withdraw from the purchase contract concluded between Autoveiling EU and the purchaser and to claim damages.

 

11. In both cases, the Seller decides whether to consign the Vehicle again in another If the Vehicle is placed in a further auction, AutodealerXL will charge the Seller a further sales fee in accordance with the current price list/framework agreement.

 

12. The purchaser is solely liable for any default in payment or damages due to reduced proceeds and costs incurred. A liability of AutodealerXL is excluded.

 

13. If the Seller mistakenly places a Vehicle at an incorrect minimum price or if the Auction House mistakenly places an incorrect bid during the auction, it is possible to report this to AutodealerXL via the

 

Platform or other written communication channels. The deadline for reporting is 24 hours after the minimum price has been set or an incorrect bid has been submitted. The report must be received before the end of the auction. AutodealerXL will then cancel the minimum price or the bid if, upon a reasonable assessment of the overall circumstances, it becomes clear that the submission of the minimum price or the bid was indeed in error. Cancellation of the minimum price will result in the Seller having to set a new minimum price.

14. If such an error is reported to AutodealerXL after the conclusion of a successful auction, cancellation is no longer possible. Sellers and purchasers are only left with the possibility of rescission in accordance with §§ 118, 119 seqq. German Civil Code.
15. During an ongoing auction, the cancellation of a vehicle offer by the Seller is generally not possible unless the Seller’s request for cancellation is based on an important reason (e.g. significant deterioration or destruction of a Vehicle after the start of the auction). At the request of AutodealerXL, the Seller shall prove the existence of the important reason. In the event of cancellation, AutodealerXL shall charge the Seller a fee in accordance with the framework agreement.

 

 

VII.  Sale of Vehicles within the EU/outside the EU

1. In the case of a sale of Vehicles exported from the Federal Republic of Germany, the purchase price is to be paid In addition, AutodealerXL charges a security retention in the amount of the applicable statutory value added tax. It will be refunded to the purchaser as soon as he has proven that the Vehicle he has purchased has been exported from the Federal Republic of Germany.
2. For this purpose, the purchaser from a third country (outside the EU) has to provide AutodealerXL with an export certificate from the border customs office of the third country including the notification about the export.
3. The purchaser from an EU country must provide proof of export of a Vehicle to another EU country by means of a certificate of arrival.
4. If the purchaser does not provide proof of export of the Vehicle within 3 months, AutodealerXL will issue an invoice including VAT and pay the amount withheld as security as VAT to the German tax
5. AutodealerXL may commission an external transport company with the transport of a Vehicle to a location outside the Federal Republic of Germany. In accordance with this order, the transport company is obliged to send AutodealerXL the confirmation of arrival/export certificate immediately after export of the

 

 

VIII. Transfer of Risk

 

1. The risk of accidental loss or accidental deterioration shall be borne by the Seller until the Vehicle is handed over to the If a Vehicle is transported by a transport company at the request of the purchaser, the risk of accidental loss or accidental deterioration shall pass to the purchaser upon handover of the Vehicle to the transport company.

 

2. In the event of rescission of a purchase contract, the risk of accidental loss or accidental deterioration of the Vehicle shall pass back to the Seller analogous to number 1 upon its handover to the Seller or the transport company.

 

IX. Complaints

1. Complaints and notices of defects shall be made by purchasers directly to AutodealerXL in
2. Purchasers are obliged to immediately provide a notice of defects and missing accessories in writing after handover of the Vehicle. A complaint shall be deemed to be made without delay if it is made by 24:00 hours on the business day following the handover. If the Vehicle is handed over to a transport company on behalf of a purchaser, a transport handover certificate shall be issued when the Vehicle is handed over to the transport All determined visible defects shall be recorded in the transport – handover certificate. The transport company shall be exclusively liable for any damage to the Vehicle occurring during transport. In case of handing over the Vehicle to a transport company, the time limit for complaints shall be extended until 24:00 hours of the business day after the handing over of the Vehicle by the transport company to the purchaser, however, at the latest until 24:00 hours of the 6th business day after the sale. If a precise diagnosis of the defect is not possible within these deadlines, the general notification of the defect shall still be made within these deadlines. Delayed as well as verbal/telephonic notices of defects cannot be considered.
3. AutodealerXL shall inform the Seller of the existence of a complaint, examine its justification – if necessary with the assistance of its legal department – and inform the Seller of the result of its examination, together with a recommendation.
4. The Seller is free to follow or reject this If AutodealerXL considers a complaint to be justified, but the Seller considers it to be unjustified, he shall inform AutodealerXL in writing thereof. According to this notification, AutodealerXL will reject the complaint of the purchaser.
5. If the purchaser maintains his complaint to AutodealerXL despite rejection, the further handling of this complaint will take place in close coordination between the Seller and AutodealerXL. For this purpose, AutodealerXL will immediately transmit to the Seller the relevant correspondence between it and the purchaser, in particular in cases where the purchaser announces or makes pending a lawsuit.

7. AutodealerXL points out to the Seller that it is legally obliged to provide its name upon such request of the
8. In the internal relationship between the Seller and AutodealerXL, AutodealerXL is bound by the decisions of the Seller. Insofar as the Seller rejects a claim, even in the event of a court dispute between AutodealerXL and the purchaser, and this is established as well-founded by a court, the Seller must reimburse AutodealerXL for the incurred costs as a result of this claim, including all legal costs, and indemnify AutodealerXL against other claims of the purchaser.

X. Fees

1. The fees to be paid by Users and the payment modalities result from the framework agreements concluded with them.
2. If there is no framework agreement, the fees are to be taken from the The accrued fees are also to be paid by the Seller if a purchaser does not pay or in the event of the reversal of a purchase contract the purchase price is returned, unless AutodealerXL is responsible for the reason for the reversal of the purchase contract or the non-payment of the purchase price.
3. Changes of fees will be announced by AutodealerXL on the Platform in due Continued use of the services of AutodealerXL after notification of a change in fees implies acceptance of the change in fees.

 

XI. Rights of use, third party rights, hosting

 

1. The Seller grants AutodealerXL the non-exclusive right to use the contents and data in all known and unknown media and regarding all types of use, limited in time to the term of the contract, unlimited in space and content, including the right of duplication, distribution, public reproduction (including the right of making available on demand and dispatch), the right of translation and adaptation and the right to use all contents and data provided by him and/or at his instigation, to combine the contents and data also with other works, to supplement them, to expand them, as well as the right to analyse the contents and data itself and/or to have them analysed by third parties, to evaluate them statistically and/or to have them evaluated (including so-called “text and data mining”) and also to use and exploit them for purposes of marketing, advertising, market research and statistics, as well as the right to transfer the aforementioned rights in part or in total to third parties, as well as all other rights of use necessary for the fulfilment of the contract. The rights of exploitation and use shall continue to exist beyond the term of the contract insofar as it is necessary for the purpose of fulfilling the contract, for accounting or verification purposes or for compliance with statutory retention obligations. There is no obligation to exercise and use these rights.

 

2. The Seller shall ensure that the respective author or creator waives the exercise of his right to be named, as far as possible.

 

3. The Seller guarantees that he has obtained all necessary rights of use and exploitation to copyrights, trademark rights and other rights from third parties for all content and data, that he can freely dispose of the aforementioned rights, and that their use and exploitation in accordance with these GTC do not violate any rights of third parties or other legal or contractual He shall further ensure that the relevant appraiser organization(s) have the necessary authorizations for AutodealerXL. If the Seller provides personal data, he guarantees to have obtained all necessary consents. If third parties assert claims against AutodealerXL due to a breach of this provision, the Seller will indemnify AutodealerXL against these claims, including any legal costs incurred.

 

4. AutodealerXL is entitled to use and exploit the vehicle-related data transmitted by the Seller himself or at his instigation (including all vehicle-related details, raw data, statistical data and metadata, vehicle types, accident statistics, etc.), without reference to the person of the Seller, even after the end of the contract, without any restrictions in terms of time, space or AutodealerXL creates backup copies of the data of already sold Vehicles, which can be made available to the Seller as a rule for up to 6 months after the day of the sale of a Vehicle. AutodealerXL assures not to merge this data with personal data of the Seller after the end of the user contract.

 

5. AutodealerXL grants Users the non-exclusive and non-transferable right, unlimited in location and limited in time to the term of the contract, to use the Platform and the Account as well as the Software for their internal business purposes and to have them used by the users’ employees approved by Users are not authorized:
   • to make their Account available, reproduce or otherwise distribute it, in whatever legal form, to others than the authorized persons,
   • to reproduce it or distribute it in any other way,
   • to use the services offered by AutodealerXL for the development of other services,
   • activate functions of the Platform for which they have not been granted any rights of use
   • and to use
   • to modify, translate, reproduce or decompile the source code of the Software
   • to examine its functions, except to the extent permitted by mandatory law in accordance with the UrhG (German Copyright Act),
   • remove, conceal, change or alter any legal notices, in particular those relating to proprietary rights of AutodealerXL.

 

XII. Data protection/Use of Stored Data

 

1. AutodealerXL is entitled to collect, store, process and use personal data for its own In doing so, it must comply in particular with the provisions of the German Data Protection Regulation (DSGVO) and the German Telemedia Act.

 

2. AutodealerXL, in particular, in regard to the data and information on the sale of Vehicles is entitled to
   • in the context of the use of their services by the Seller / purchaser
   • use and publish the data, as far as this is necessary for the use of these services,
   • forward this information to the parties to a purchase contract, insofar as this is necessary,
   • forward to third parties, as far as this is demonstrably necessary to protect the legitimate interests of
   • third parties or public interests, g. when it is necessary for the clarification of an abuse
   • the Platform or for general legal prosecution,
   • in other cases, to pass on such data after obtaining the consent of the Seller / purchaser,
   • to use sales data, e. vehicle data, bidding steps and vehicle documents, anonymously.

 

3. If a User cancels his registration, he is entitled to the deletion of the personal data stored, unless AutodealerXL still needs them for the processing of contracts or to maintain the duties towards

 

4. Users are prohibited from using contact details and addresses as well as other content found on the AutodealerXL website for commercial advertising.

 

5. In all other respects, reference is made to the provisions of the order processing agreement, which can be viewed at https://app.AutodealerXL.com/dsgvo/sll_auftragsverarbeitungsvertrag.pdf.

 

XIII. Liability

 

1. AutodealerXL shall not be liable for damages suffered by Users or third parties in connection with the use of the Platform and Software or other services provided by AutodealerXL, in particular not for damages resulting from the fact that bids submitted due to technical deficiencies were not received or considered in time on the Platform. The same applies to damages resulting from the fact that Vehicles have not been presented or have been presented incorrectly (e.g. temporary failure of the Platform). Insofar as it is necessary for maintenance work and updates or similar, AutodealerXL reserves the right to temporarily disable its website and Only the Seller shall be liable for the content and legality of an offer for sale.

 

2. Insofar as the Platform offers the possibility of forwarding to databases, websites, services, of third parties, AutodealerXL is not liable for the accessibility, existence or security of these databases or services or their content. In particular, AutodealerXL shall not be liable and does not assume any liability for their legality, correctness of content, completeness, actuality, etc.

 

3. AutodealerXL shall furthermore not be liable for the accessibility, existence, security, correctness, completeness and actuality or content of the databases or services of third parties as well as of data of third parties which are integrated on the Platform. In particular, AutodealerXL makes no assurances and provides no warranty with regard to the services and technical requirements of the Auction Houses. The Auction Houses are responsible for the functionality and the course of the auction as well as for (technical) Disruptions in data transmission on the part of the Auction Houses can lead to the fact that a data delivery and the auction cannot be carried out successfully.

 

4. AutodealerXL shall only be liable to Users and third parties in the event of intent and gross negligence, as well as in the event of a breach of cardinal obligations pursuant to Section 203 (2) No. 2 of the German Civil Code (BGB). Any further liability is This exclusion does not apply to damages resulting from injury to life, body or health due to a negligent breach of duty by AutodealerXL or an intentional or negligent breach of duty by a legal representative or vicarious agent of AutodealerXL.

 

5. In the event of a negligently caused breach of material contractual obligations, AutodealerXL’s liability shall be limited to the amount of the foreseeable damage typical for the contract. Material contractual obligations are obligations the fulfilment of which is essential to the proper performance of a contract and compliance with which Users may regularly rely on.

 

6. Existing manufacturer warranties are not affected by the

 

7. Any further liability of AutodealerXL is

 

8. The limitation period for claims for damages against AutodealerXL pursuant to clauses 1-3, 5 of this section is 1 year.

 

9. Users shall be liable to AutodealerXL for damages suffered by the latter in connection with the use of the Platform due to a culpable breach of its obligations.

 

XIV.  Liability for material defects

 

1. Liability for material defects is excluded. Vehicles are auctioned in the condition in which they are at the time of the acceptance of the highest bid. Used Vehicles show signs of wear and tear corresponding to their age or mileage. AutodealerXL is not the owner of the Vehicles and therefore assumes no warranty for a certain condition or property of the Vehicle. Likewise, AutodealerXL does not guarantee the correctness and completeness of the information provided by the Seller. This applies in particular to information about a certain condition or property of the Vehicle or its equipment. The Seller is exclusively liable for this information.

 

2. The exclusion of liability for material defects shall not apply in the event of intent or gross negligence and shall not apply to damage resulting from injury to life, body or health caused by a negligent breach of duty on the part of AutodealerXL or an intentional or negligent breach of duty on the part of a legal representative or vicarious agent of AutodealerXL.

 

3. Vehicles are not subject to technical inspection by

 

4. The Seller agrees that AutodealerXL may disclose its name to the purchaser if the purchaser asserts material defect liability claims that are not obviously unfounded and the purchaser asserts in writing to disclose the identity of the Seller.

 

XV.  Applicable law, Place of jurisdiction, German language

 

1. These GTC as well as the framework agreements existing between AutodealerXL and the Seller as well as the Auction House concerning the use of the Platform, the use of the Software and the conduct of auctions are subject to the laws of the Federal Republic of The legal relationship between the parties is governed by the GTC in German. Translations of these GTC serve the purpose of information and comprehensibility. The same applies to the vehicle description on the Platform.

 

2. If the User is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law or a company within the meaning of § 14 of the

 

German Civil Code (BGB), the exclusive – including international – place of jurisdiction for all disputes arising from or in connection with the GTC, the framework agreements and the purchase contracts for Vehicles shall be the registered office of AutodealerXL in Munich.

 

3. The same place of jurisdiction shall apply if the User does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after conclusion of the contract or if his place of residence or habitual abode is unknown at the time the action is brought.

 

4. However, AutodealerXL is also entitled in all cases to bring an action at the Place of Performance in accordance with these GTC or a prior individual agreement or at the user’s general place of

 

5. Overriding statutory provisions, in particular on exclusive responsibilities, shall remain

 

6. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the rules of private international law do not apply. The contract – and auction language is German. If documents in other languages are used, they are for information purposes The German version shall apply.

 

XVI.  Severability clause

 

Should any provision of these GTC or any provision subsequently incorporated into these GTC be or become invalid or unenforceable in whole or in part, or should a gap in these GTC become apparent, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision or in order to fill the gap, the valid and enforceable provision shall be deemed agreed which comes closest in legal and economic terms to what the parties intended or would have intended in accordance with the spirit and purpose of these GTC.