General Terms and Conditions – Public Domain

General Terms and Conditions for Using the Public Domain of the mobile.de Service (GTC-PuD)

 

Please note: These terms and conditions are no longer valid.
Here you will find the current GTC.

 

Welcome to 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 June 1st, 2013.


Right of revocation

Provided you act as a consumer according to the legal provisions, you have the following right of revocation:

You can revoke your acceptance to this General Terms and Conditions and the hereby concluded user agreement within 14 days without stating any grounds in text form (e.g. letter, email). The revocation period begins after the receipt of this notification in text form but not before the contract is concluded and not before our information duties pursuant to article 246 section 2 in conjunction with section 1, paragraph 1 and 2 of the Introductory Law to the Civil Code (EGBGB) as well as our duties pursuant to section 312g, paragraph 1, sentence 1 of the German Civil Code (BGB) are fulfilled. To comply with the time limit dispatch of the revocation notice in good time is sufficient.

To revoke your acceptance please send a letter to mobile.de or an email to our customer support to service@team.mobile.de subject “Revocation acc. to Distance Selling Regulations”.

Consequences of revocation

In the event of a valid revocation, all mutually received services as well as profit derived therefrom (e.g. interest), if applicable, are to be returned. This may lead to you having to nevertheless fulfill your contractual obligation to pay for the period up to the revocation. Obligations to reimburse payments have to be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation and for us when it is received.

Special information

The right of revocation extinguishes prematurely if the contract is fulfilled by both sides on your express request before you exercised your right of revocation.

End of revocation notification

 


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. These GTC-PuD govern the mobile.de web presence and other means to present mobile.de’s services, such as mobile applications (the “mobile.de Service”).

2. The Public Domain of the mobile.de Serviceis 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 Service.

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. Display and scope of operation may vary as the access may be, e.g. via the mobile.de website or mobile applications.

2. mobile.de promotes the mobile.de Serviceand advertisements placed by the participants on its own and through third parties in particular by including the advertisements or parts thereof on other websites, in software applications, emails or print media, radio or television broadcasting campaigns. To this end mobile.de can also provide third parties access to the data, information and content posted on the mobile.de Service. The participant herewith consents to having his advertisements translated for the purpose of integrating them into foreign websites,software applications or similar services.

3. The participants are entitled to use the mobile.de Serviceand 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 Servicerequires 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 Service(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 participant is required to correctly disclose his status as a private or business seller. The registration requires a valid email 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. The participant is obligated to verify the information provided at the time of registration and after every change.

6. Every participant may only register once on the mobile.de-Service. 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.

7. 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 member classified as private can only run a maximum of two different ads per calendar month in the public section of the mobile.de Service. A violation, especially through the use of multiple user accounts, entitles mobile.de to delete the ad and to exceptionally terminate the licence agreement.

2. A member classified as commercial can only run a maximum of ten different ads per calendar month in the public section of the mobile.de Service. A violation, especially through the use of multiple user accounts, entitles mobile.de to delete the ad and to exceptionally terminate the licence agreement.

3. Advertisements can be inserted and extended for a certain time span. An advertisement can be relisted indefinitely. Ended advertisements can be found via the mobile.de search functionalities for a period of 90 days after expiration.

4. 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.

5. 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.

6. 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".

7. 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, unless the participant can provide evidence that no damage or a significantly lower damage has occurred.


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 or it is able to provide evidence that no damage or a significantly lower damage has occurred.


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):

  • Delete advertisements or other contents placed with mobile.de
  • Delay advertisements or other content placed with mobile.de
  • Issue warnings to participants
  • Limit or restrict the use of the mobile.de Service
  • Block participants for a limited period of time
  • Suspend participants finally and conclusively

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 Service, 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 Serviceand 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:

  • Passenger car market: passenger cars;
  • Freight/commercial vehicle market: trucks, truck trailers, passenger car trailers, semi-trailers, chassis, platforms for trucks or trailers, construction vehicles and devices, fork lifts, agricultural vehicles;
  • Camper/trailer market: campers and trailers;
  • Motorcycle market: motorcycles, motorcycle combinations, sidecars, trikes, and other motor-driven bicycles.

The following advertisements in particular shall not be permitted that serve to advertise:

  • The conclusion of a leasing, rental or hire-purchase contract or any other form of financing or cession of right to use;
  • The assumption of sale agreements for motor vehicles or financial leasing agreements as to motor vehicles;
  • The purchase of motor vehicles or other objects of any kind;
  • The sale of spare parts and accessories for motor vehicles;
  • The sale or promotion of software;
  • The promotion of services.

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. When placing the ad, the participant must disclose the vehicle’s condition, especially if the vehicle is significantly damaged and these damages have not been repaired. The participant shall do this by flagging the vehicle by selecting the appropriate options when placing the ad. Significant damage that has not been repaired refers to damage to the engine and transmission, and damage caused by road traffic accidents, fire, hail or water which is impossible to repair or can only be repaired by spending a substantial amount of money. This especially encompasses vehicles meant to be exploited (“Bastlerfahrzeuge”). Minor damage is excluded from this and should be specified in text in the field “Description”. The obligation to disclose known and repaired previous significant damage shall remain unaffected hereby. Such listed vehicles may only be found if the respective search option is selected in the search screen.

4. Vehicles which are solely offered to domestic or foreign business buyers must be designated accordingly by using the functionality “For business, Ex-/Import”,

5. It is not permitted to advertise more than one vehicle per advertisement.

6. 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.

7. 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.

8. 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.

9. Where mobile.de provides certain seals of quality, guarantee marks or other symbols of trustworthiness, a participant is obliged to take care that they are only displayed in ads for vehicles that qualify for them. Other symbols of trustworthiness may only be used if so authorized by mobile.de.

10. In its wording, content, visual layout and intended purposes, the ad may not violate statutory provisions or public decency. Persons engaged in business must in particular comply with the regulations of the Copyright Act and the Trademark Act, the German Telecommunications Services Act (Telemediengesetz) (obligation to provide the publisher's information), and of the German Ordinance on Fuel Consumption Labelling for Cars (Pkw-Energieverbrauchs-Kennzeichnungsverordnung = Pkw-EnVKV ).

11. The participant is obliged to provide correct and truthful prices. In so doing, the participant should particularly comply with the regulations of the German Pricing Ordinance (Preisangabenverordnung – PangV). Under Article 1 Paragraph 1 of the German Pricing Ordinance, retail prices are to be stated which must in particular include value added tax and other pricing components (e.g. destination charges). Ads with prices that are clearly incorrect or misleading are not permitted.

12. It is generally not permitted to include links to external websites, other servicesand external sources of information in an ad unless they are strictly required for legal reasons. Links in this sense also refer to email addresses and non-activated web addresses (URLs) and parts thereof. Exempted are links, inserted into the free text of the ad, to the participant's own, externally hosted pictures of the vehicle, PDF files and multimedia presentations, if these contain additional information about the advertised vehicle (e.g. vehicle reports, user manuals, etc.).

13. Specifying service telephone numbers, particularly (0)900 and (0)180 numbers, which, when dialed, result in higher telephone charges for callers, is not permitted.


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 Serviceby 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 Servicedysfunctional 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 Service.

3. It is not permitted to falsify or manipulate the results of the vehicle search functionality of the mobile.de Serviceby 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 Service.


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 Serviceshall 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 mobile.de Service 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 mobile.de Service 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.