Welcome to the website of mobile.international GmbH (hereinafter referred to as "mobile.de"), Albert-Einstein-Ring 2-6, D-14532 Kleinmachnow-Dreilinden, mailing address: Marktplatz 1, D-14532 Europarc Dreilinden.
These General Terms and Conditions shall become effective as per November 15th, 2008.
View the Terms and Conditions effective until November 14th, 2008
By clicking on the button "I have read and agree with the General Terms & Conditions of mobile.de.", you agree to these General Terms and Conditions for Using the Public Domain of the mobile.de Website as valid.
In case you are acting as a consumer according to legal statutes you can revoke your acceptance of these GTC-PuD and this user agreement in writing during a period of one month after concluding the contract.
To revoke your acceptance please send a letter to mobile.de or an E-Mail to our customer support to service@team.mobile.de subject “Revocation acc. to Distance Selling Regulations”.
To meet the deadline timely mailing of the revocation shall suffice. In case of a timely revocation you are no longer bound to this user agreement nor to your acceptance of these GTC-PuD. Your right of revocation expires as soon as you place an advertisement on the mobile.de website, thereby initiating the service of mobile.de according to Section 312d III Nr. 2 of the German Civil Code.
Section 1: General
1. mobile.de operates databases accessible via the Internet in which, via the so-called Public Domain, legal entities and natural persons capable to enter into legal transactions without limitations (hereinafter referred to as "participants") may advertise motor vehicles for sale against payment of a fee (advertisement function), and in which said entities and persons can search for motor vehicles by means of the search function provided by mobile.de.
2. The Public Domainof the mobile.de website is generally open to participants acting as private or business sellers, as long as they are not acting as professional car dealers. Ads by professional car dealers my only be listed in the Professional Domain of the mobile.de website.
3. The present General Terms and Conditions for Use (GTC-PuD) apply exclusively to the relationship between mobile.de and the participants using the Public Domain of the databases operated by mobile.de (markets for passenger cars, freight/commercial vehicles, campers and motorcycles). Any terms and conditions of a participant contradicting the present GTC-PuD or deviating from them shall not be valid.
4. For the use of the Professional Domain, exclusively the General Terms and Conditions for the Professional Domain (GTC-PrD) shall apply.
5. mobile.de merely provides the technical requirements, in the form of databases, by which information (advertisements) is conveyed without in any influencing the contents of advertisements. In particular, mobile.de is not itself the party offering the advertised vehicles for sale.
6. mobile.de is not involved in the relationship between the seller and the party interested in the purchase, or buyer, neither in the capacity of an intermediary nor as a party or representative of any party. Agreements that were initiated as a consequence of an advertisement being placed on mobile.de shall be concluded and implemented without mobile.de participating.
Section 2: Scope of Services
1. Under the present Terms and Conditions, mobile.de is under the obligation of providing an input mask for advertisements, of activating the advertisements placed via the input mask, and of ensuring that the advertisements in the mobile.de databases can be retrieved via the Internet.
2. mobile.de promotes the advertisements placed by the participants in various ways, in particular by including them in other websites or other online and print media and promoting advertisements by indicating them in e-mails. The participant herewith consents to having its advertisements translated for this purpose for foreign media.
3. The participants are entitled to use the mobile.de website and its functions only within the scope of the current state of technology.
4. mobile.de reserves the right to temporarily restrict the possibilities of placing and retrieving advertisements if this is required due to capacity limits, for purposes of server safety or integrity or in order to implement technical measures and if this serves to provide for a due and proper, or improved, performance of the contractual services owed (maintenance work). In so doing, mobile.de shall take into consideration the legitimate interests of all users, in particular by informing them prior to taking the above measures.
5. In particular technical reasons may mean that it is not possible, or possible only to a limited extent, to retrieve activated advertisements (unexpected system failures).
6. Sections 13 and 14 of the present General Terms and Conditions for Using the Public Domain (GTC-PuD) shall remain unaffected hereby.
Section 3: Registration and user account
1. The use of the mobile.de Website requires a registration. The registration is free. With the registration a participant and mobile.de conclude a contract regarding the use of the Public Domain of the mobile.de Website (hereinafter referred to as “user agreement”). A participant is not entitled to the conclusion of the user agreement.
2. Only legal entities and natural persons capable to enter into legal transactions without limitations may register. In particular, minors are prohibited from registering.
3. The information a participant has to provide during registration has to be provided completely and correctly. The registration requires a valid e-mail address. A participant must choose a personal password which is to be kept secret and may not be disclosed to third parties.
4. In case the information provided during registration changes at a later date, the participant is obligated to update this information in his user account promptly.
5. Every participant may only register once on the mobile.de website. The simultaneous registration of more than one user account is prohibited. A circumvention of this regulation is not allowed. A user account is not transferable.
6. mobile.de reserves the right to delete user accounts which have been inactive for a period of 12 months.
Section 4: Insertion and extension of advertisements
1. A participant may only place two advertisements in the Public Domain of the mobile.de website at the same time. Within a calendar quarter a participant may only list a maximum number of four advertisements. A misuse, especially through the use of multiple user accounts, gives mobile.de the right to delete listings and extraordinarily terminate the user agreement. If a participant lists more then the admissible number of advertisements, he is considered to be a professional car dealer and will be excluded from the use of the Public Domain of the mobile.de website.
2. Advertisements can only be inserted and extended for a time span of 28 or 56 days. An advertisement can be extended indefinitely.
3. In calculating the advertisement period, the day on which the advertisement is placed or extended shall not be included. The advertisement period shall commence at midnight on the day following the day the advertisement was placed or extended, and shall end upon expiry of the last day of the advertisement period.
4. The General Terms and Conditions for Using the Public Domain (GTC-PuD) and the mobile.de Price List for using the Public Domain applicable in each case at the time the advertisement is placed or extended shall be authoritative for the contents of the Agreement and the advertisement price. The price of an advertisement is presented to a participant prior to its insertion or extension.
5. Permitted modifications to an advertisement are free of charge and can be performed with the advertisement number allocated to the advertisement and the postal code of the participant, using the menu item "My Ad".
6. An advertisement may be deleted by the participant at any time. Should an advertisement be deleted by the participant, no reimbursement of an advertisement price already paid shall be made.
Section 5: Due Date of the Advertisement Remuneration, Payment
1. Payment for an advertisement can be done by credit card, direct debit or PayPal. The remuneration for the inclusion of advertisements in the databases shall be due in advance, that is, before the advertisement is included in the database. In this context, it shall suffice to grant, in due time, debit rights by providing credit card details or by allowing direct debit in due time.
2. Should the collection of payment fail, the participant is to reimburse mobile.de for the additional costs incurred, unless it is not responsible for such failure.
Section 6: Deletion of Advertisements, Blocking and other Measures
1. mobile.de may take the following measures if there is sufficient indication that a participant has violated statutory provisions, the rights of third parties or the present General Terms and Conditions for Using the Public Domain (GTC-PuD), or if mobile.de has any other legitimate interest (in particular in case of default in payment):
In selecting the measure, mobile.de shall take into consideration the legitimate interests of the affected participant, in particular whether there are indications that the participant is not responsible for the violation.
2. mobile.de may delete advertisements if, in terms of their content or layout, the advertisements violate the present General Terms and Conditions for Using the Public Domain (GTC-PuD) (in particular the provisions set out under Section 7 Nos. 1 - 8) or statutory provisions, or if they violate the rights of third parties. Should mobile.de have deleted an advertisement, the participant shall nonetheless be under obligation to pay the price for the advertisement.
3. mobile.de may finally and conclusively suspend a participant from using the mobile.de website, if the latter has repeatedly violated the present General Terms and Conditions for Using the Public Domain (GTC-PuD), or has done so in particularly grave instances, or if another important cause is given.
4. When a participant is suspended, he may no longer use the mobile.de website and may not register a new user account.
5. Participants may terminate the user agreement at any time. For this purpose a participant can delete his user account at any time.
6. mobile.de may terminate the user agreement at any time with a cancellation period of 14 days. The right of suspension remains unaffected.
Section 7: Price Modifications/ Changes or Amendments to the General Terms and Conditions for Using the Public Domain (GTC-PuD)
1. Price modifications shall be announced by modifying the Price List retrievable via the Internet, stating the date of modification. The new advertisement price shall apply for the advertisements placed in the database and extended as per the date of amendment or modification. An advertisement which is active during the price change will expire according to the previous conditions.
2. mobile.de has the right to change the General Terms and Conditions for Using the Public Domain (GTC-PuD) at any time without the disclosing of reasons. The new GTC-PuD will be disclosed to the participant before the insertion or extension of an advertisement. A participant must accept the new GTC-PuD to insert new advertisements or extend existing advertisements. An administrative access to the user account and the maintenance of existing advertisements remains possible without accepting the new GTC-PuD. If a participant does not accept the new terms he can terminate his account at any time.
Section 8: Requirements as to the Contents and Layout of Advertisements
1. The participant shall be under obligation of placing a vehicle only in the section provided for that type of vehicle (markets for passenger cars, freight / commercial vehicles, campers / trailers and motorcycles). Only those advertisements are permitted which serve to sell motor vehicles and motor vehicle trailers as well as self-propelled and non-self-propelled motor-driven machines.
In detail this shall refer to the following:
The following advertisements in particular shall not be permitted that serve to advertise:
2. The participants are under the obligation of providing complete and correct information with regard to the vehicle (especially concerning the registration date and mileage), the legal relationships concerning the vehicle as well as with regard to the remaining content of the advertisement. Vehicles equipped with a substituted engine must be identified as such. In this case the actual mileage of the vehicle must be disclosed. Incorrect information provided by mistake (such as, for example, typing errors, placement in incorrect categories) are to be corrected without undue delay upon being discovered using the menu item "My Ad".
3. During the insertion process, the participant must disclose if the vehicle is damaged to a not inconsiderable extent and these damages have not been repaired. This fact is to be stated by selecting "Yes" or "No" when using the function "Is there a significant non-repaired damage or is this a non-repaired accident vehicle?". A considerable damage in this sense refers to damages left without repair such as damages caused by engine and transmission errors, traffic accidents, fire, hail or water, which are impossible to repair or can only be repaired if considerable financial means are expended. An exception shall be made for minor losses, which are to be entered in the space reserved for additional remarks as free text. The obligation to disclose known and repaired previous damage of a greater than inconsiderable extent shall remain unaffected hereby. Vehicles designated as having considerable damages will only be found if the search option "Also show..." or "Only show..." "Damaged Vehicles" is selected in the search mask.
4. It is not permitted to advertise more than one vehicle per advertisement.
5. It is not permitted to concurrently advertise the same vehicle in multiple instances in any of the categories. This shall also apply if the same vehicle is to be placed in the database at the same time by different participants working together.
6. During the term of the advertisement, the participant must be able to promptly conclude a legally effective sale agreement as to the offered vehicle with an interested party, to hand over the vehicle at the specified date of availability (used vehicles) or, respectively, at the date of delivery (new vehicles), and to have ownership in the vehicle devolve onto said interested party.
7. The advertisements may be illustrated with photographs. The participant undertakes to place only such photographs in the mobile.de databases which it is authorized to use without restrictions and which are not encumbered with third-party rights - in particular not with intellectual property rights of third parties. The photographs used may not be misleading and must reflect the actual conditions of the vehicle being offered in the advertisement. If the participant uses pictures from a catalogue, such use must be separately indicated.
8. The advertisement may not violate statutory provisions nor may they be contra bonos mores by their wording, content, visual layout and intended purpose. Persons engaged in a trade or business must in particular observe the regulations of the Telemediengesetz (German Telecommunications Services Act) (obligation to provide the publisher's information), of the Pkw-Energieverbrauchs-Kennzeichnungsverordnung (Pkw-EnVKV, German Ordinance on Fuel Consumption Labelling for Cars) and the Preisangabenverordnung (German Pricing Ordinance). According to Section 1 paragraph 1 of the German Pricing Ordinance, retail prices are to be stated which must in particular include value added tax.
9. It is generally not permitted to include links to external websites or other external sources of information in an advertisement. Links in this sense also refer to non-activated web addresses (URLs) and parts thereof. Exempted are links to additional externally hosted pictures of the vehicle, PDF-files or multimedia presentations, if these contain additional information about the advertised vehicle (e.g. vehicle expertise, user manuals, etc.).
10. It is moreover not permissible to include so-called premium hotline numbers (value-added services), especially the dial-in numbers 0190 and 0900 in the advertisements, which result in higher telephone charges for callers.
Section 9: Responsibility for the Contents of Advertisements
1. Solely the participant shall be responsible for the contents of the advertisements. Mobile.de shall review the advertisements neither for correctness nor completeness. Mobile.de will not enter into any warranty for the correctness and completeness of advertisements.
2. Mobile.de excludes any and all warranty and liability for the compliance of advertisements with statutory provisions.
3. Mobile.de in particular excludes any and all warranty and liability arising from the fact that sale agreements initiated or concluded on the basis of mobile.de advertisements are unenforceable according to the national law of an affected state, or in any other way result in legal or economic disadvantages for one or both parties to the sale agreement.
Section 10: Indemnification
The participant shall release mobile.de from any and all claims asserted by third parties against mobile.de because their rights are being violated by the participant's advertisement or by any other use of the mobile.de website by the participant. In so doing, the participant shall also assume the necessary costs incurred by defending the rights of mobile.de, including any and all legal and court fees. This shall not apply if and to the extent the participant is not responsible for the violation of rights.
Section 11: Database Updates, Deletion of Advertisements
In order to make the vehicle search as interesting and successful as possible, mobile.de takes all efforts to update its databases. This is why vehicle advertisements are to be deleted by participants as soon as the vehicle on offer has been sold or is no longer available for other reasons.
Section 12: Manipulation of Vehicle Search and Disruption of System Integrity
1. Participants may search for vehicles in the mobile.de databases exclusively by means of the search masks offered by mobile.de. It is not permissible to search for vehicles bypassing the search masks, in particular by using searchware accessing the databases of mobile.de. Non-compliance will be prosecuted, among other aspects, under civil law under the aspect of interference with an established and operating business (Eingriff in den eingerichteten und ausgeübten Gewerbebetrieb), and will have consequences under criminal law under the aspect of illegal interference with affiliated industrial property rights as provided for in Section 108 et seq. of the Urhebergesetz (Copyright Law).
2. Activities targeted at rendering the mobile.de website dysfunctional or complicating its use are prohibited. The participant may not take any measures that may result in a strain on the mobile.de infrastructure that is excessive or that users cannot reasonably be expected to tolerate. Participants shall not be permitted to block, rewrite or modify contents generated by mobile.de, or in any other way to create a disturbance by interfering with the mobile.de website.
3. It is not permitted to manipulate the results of the vehicle search functionality of the mobile.de website by entering incorrect or misleading information, by inserting a vehicle in the wrong category, by using technical means or any other misuse of the functionalities of the mobile.de website.
Section 13: Warranty
1. If the participant is entitled to statutory warranty claims, mobile.de shall initially have the right to subsequent fulfillment of contractual obligations (Nacherfüllung). This shall be effected by extending the advertisement period for the advertisement placed [in the database] by the respective participant..
2. In cases of force majeure, mobile.de shall be released from its obligation to perform. All unforeseeable events shall be deemed to be force majeure, as well as such events for the effects of which on the performance of the agreement neither of the parties is responsible. Such events shall include in particular legitimate measures of collective action, also in third-party companies, official measures taken by authorities, the failure of communication networks and gateways of other providers, disturbances in the area of network operators (Leitungsgeber), and other malfunctions, also in case such circumstances occur in the area of subcontractors, sub-suppliers, their own subcontractors, or operators of subnodal data processors (Subknotenrechner). No claims shall result for participants for any failures for which mobile.de is not resonsible.
Section 14: Limitation of Liability
1. Except if essential contractual obligations are violated, mobile.de shall be liable for damages vis-à-vis companies only if and to the extent mobile.de, its legal representatives, senior executives or other persons employed by mobile.de in the performance of its obligations (Erfüllungsgehilfen) are culpable of having acted intentionally or with gross negligence. Should essential contractual obligations be violated, mobile.de shall be liable for any culpable conduct of its legal representatives, senior executives or other persons employed by mobile.de in the performance of its obligations (Erfüllungsgehilfen).
2. Vis-à-vis consumers, mobile.de shall be held liable only for intentional and grossly negligent conduct. In case of essential contractual obligations being violated, of a debtor defaulting or of mobile.de being responsible for it being impossible to perform contractual obligations, however, mobile.de shall be liable for any culpable conduct of its legal representatives, senior executives or other persons employed by mobile.de in the performance of its obligations (Erfüllungsgehilfen).
3. With the exception of intentional or grossly negligent conduct of legal representatives, senior executives or other persons employed by mobile.de in the performance of its obligations (Erfüllungsgehilfen), the liability of mobile.de shall be limited in its amount to damages typically foreseeable at the time the agreement is concluded.
4. A liability for the compensation of indirect damage, in particular for lost profits, shall only be given in case of intentional or grossly negligent conduct of legal representatives, senior executives or other persons employed by mobile.de in the performance of its obligations (Erfüllungsgehilfen).
5. The above referenced exclusions and limitations of liability vis-à-vis entrepreneurs or consumers shall not be applicable in case of specific guarantees having been made by mobile.de, nor in case of damages resulting from injury to life, limb or health or the violation of mandatory statutory provisions.
Section 15: Copyright and Usage Rights
Any and all data, information, company logos, texts, programs and images of advertisements placed on the mobile.de website shall be subject to copyright laws. The modification, further processing and usage by third parties in media of any kind is not permitted. The participant's rights shall remain unaffected hereby. It may continue to freely dispose of its own data and information.
Section 16: Exercise of rights by third party, transfer of contract
1. mobile.de may make use of other eBay companies when performing the rights and obligations under the user agreement.
2. mobile.de has the right to fully or partially transfer the contract to a third party with a notification period of four weeks. In this case a participant may terminate the contract. For this purpose a participant can delete his user account at any time.
Section 17: Place of Performance, Applicability of German Law, Jurisdiction
1. To the extent the participant is an entrepreneur, the agreement to use the website and databases of mobile.de, including these General Terms and Conditions for Using the Public Domain (GTC-PuD) shall, in its application and interpretation, be subject exclusively to the laws of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11th, 1998 shall be excluded.
2. To the extent the participant is a consumer, the agreement to use the website and databases of mobile.de, including these General Terms and Conditions for Using the Public Domain (GTC-PuD) shall be subject to the laws of the Federal Republic of Germany, unless there are mandatory statutory provisions, in particular consumer protection provisions, to the contrary.
3. Should the participant be a a merchant within the meaning of the Handelsgesetzbuch (HGB, German Commercial Code), Potsdam shall be the exclusive place of jurisdiction for any and all disputes arising from or due to the use of the databases of mobile.de. The same shall apply if the participant has transferred its residence abroad following the conclusion of the agreement, or does not have any general place of jurisdiction in Germany.
4. For consumers the place of jurisdiction shall be their place of residence and for any and all disputes arising from or due to the user agreement and these GTC-PuD additionally Potsdam.
Section 18: Severability Clause
The ineffectiveness of individual provisions of the present General Terms and Conditions for Using the Public Domain (GTC-PuD) shall not affect the validity of the remaining provisions. Such ineffective provisions shall be replaced primarily by legally effective provisions which come as close as possible in economic terms to said ineffective provisions. The same shall apply for any omissions in the provisions set out in these General Terms and Conditions.