General Trading Conditions
General Terms and Conditions of Use for the sale of second-hand vehicles via Cargobull Trailer Store GmbH’s Internet auction platform
1. CTS’s services, closing of auction
1.1
The company Cargobull Trailer Store GmbH (hereinafter „CTS“) operates an Internet auction platform for buying and selling used vehicles at the Internet address www.auktion.trailer-store.com .
1.2
In the online auction, CTS offers vehicles for sale. In addition, CTS provides third party sellers the opportunity to sell used vehicles via the Internet auction platform. The seller’s identity is disclosed in each individual auction. In cases in which CTS does not appear as seller of a vehicle, the contract is concluded exclusively between the third party seller and the buyer. In these cases, CTS does not become a party to the purchase contract.
1.3
The individual auctions on the Internet platform run for a predetermined period of time. During this period of time, the bidder may place bids. The Seller may at his/her discretion set a minimum price (reserve) for each auction. If the Seller makes use of this possibility, bids may only be placed that are equal with or higher than the minimum price set by the Seller.
1.4
If a bid is placed within the final 30 seconds preceding the end of the fixed period of time, the term of the auction is extended automatically by additional 30 seconds. The bidders are now able to place an new maximum bid within these 30 seconds. The auction thus continues until no additional maximum bid is placed within the 30-second-phase.
1.5
CTS provides the bidder with a bidding assitant for placing bids. The bidding assistant enables the bidder to set a maximum amount for the vehicle offered. The maximum amount is the maximum bid at which the bidder is willing to purchase the vehicle offered. This maximum amount is visible neither to the Seller nor to other bidders. Bids placed by other bidders are automatically outbid until one of the other bidder’s bids surpasses the maximum bid set. As long as the other bidders have not yet outbid the maximum bid they are automatically notified that their bids are not sufficiently high.
1.6
Bidders are also able to purchase the vehicle at a fixed price specified in the offer. This possibility expires as soon as any given bidder submits a bid that is equal with or higher than the fixed price set by the Seller.
2. Scope of application
2.1
Use of the Internet auction platform takes place exclusively under these present Terms and Conditions of Use.
2.2
Deviations from these Terms and Conditions of Use shall only be effective if expressly confirmed by CTS in writing.
2.3
The Internet auction platform is available exclusively to traders, legal entities under public law and special funds assets under public law, as defined by §310(1) BGB (German Civil Code). These terms and conditions therefore apply to said persons exclusively.
3. Terms and conditions of sale relating to individual purchase contracts
The individual offers listed on the Internet auction platform by CTS or a third party seller may be subject to the additional terms and conditions of sale of the third party seller or CTS. In this case, the user is expressly notified of the addtional terms and conditions of sale, and the contents of the individual purchase contract are subject to the seller’s terms and conditions of sale.
4. Admission to and registration for the Internet auction platform
4.1
Use of the Internet auction platform is subject to admission by CTS. The user applies for admission by fully and truthfully filling in the application form, specifying a user name and password of his choice and accepting these present Terms and Conditions of Use. Subsequently, CTS sends an email to the user confirming receipt of the application and listing the profile data specified by the user (confirmation of receipt). This confirmation of receipt is not an admission to the auction platform but merely informs the user of the receipt of his application. After receiving the confirmation of receipt, the user must confirm his application for admission by registering under an internet address provided in the confirmation of receipt. Upon such registration, CTS reviews the confirmation and finally notifies the user by email of his admission to the Internet auction platform (confirmation of admission). Upon receipt of the confirmation of admission, the user is able to log onto the Internet auction platform and take part in the auctions offered.
There is no right to admission to the Internet auction.
4.2
If the data provided changes after admission the user shall immediately notify CTS of such changes.
4.3
Admission by CTS is granted individually and may only take place through the authorised user. The user is obliged to keep his user name and password secret and protect them from any unauthorised acces by third parties. If there is reason to suspect abuse by a third party, the user shall notify CTS thereof without delay. Upon gaining knowledge of any unauthorised access, CTS shall be entitled to block the access.
5. Terms and conditions for sellers
5.1
Admission as seller is granted solely at CTS’s discretion. There is no right to admission.
5.2
The seller undertakes that the offers listed by him are not contrary to these present Terms and Conditions or to applicable law.
5.3
The seller agrees not to participate in his own auctions and not to place bids on the vehicles listed by him.
5.4
The seller agrees for the term of the auction to not otherwise offer for sale or sell the vehicle listed.
5.5
The seller is free to set a minimum bid and/or a fixed price at which the vehicle may be purchased immediately. All prices stated by the seller are plus statutory VAT.
6. Terms and conditions for bidders
The bidder may place bids during the auction period. By placing a bid, the bidder makes a binding offer as defined by §145 BGB (German Civil Code). The offer expires if a different bidder places a higher bid during the auction period. If two bidders place a bid in the same amount the earlier placed bid shall prevail.
7. Language
All contracts concluded on the Internet auction platform are concluded in the German or English language.
8. Conclusion of contract, storage of the text of the contract
8.1
By listing the vehicle on the Internet auction platform, the seller declares that he accepts the highest effective bid placed at the time of the closing of the auction.
8.2
The purchase contract is concluded at the time of the closing of the auction with the bidder who at this point in time placed the highest bid.
8.3
If the bidder purchases the vehicle at the fixed price set at the opening of the auction the purchase contract is concluded immediately and prior to the closing of the auction.
8.4
After the conclusion of contract, both the seller and the bidder receive a confirmation email in which CTS provides the contracting parties with the parties’ contact data. The subsequent performance of the contract takes place between the parties.
8.5
After the conclusion of contract, the text of the contract is stored by CTS.
9. Guarantee/warranty
9.1
CTS does not guarantee the availability of the Internet auction platform, or the truthfulness, accuracy and integrity of the offers listed by third party sellers.
9.2
On the grounds that CTS is not a contracting party under a purchase contract concluded between a bidder and a third party seller, the bidders in such cases have no rights vis-à-vis CTS on the grounds of material defects or defects in title.
10. Liability
10.1
CTS shall only be liable for damages due to breaches of contractual or non-contractual obligations in cases of wilful intent or gross negligence, and in cases where essential contractual obligations are violated. Compensation for damages due to breaches of essential contractual obligations is however limited to the foreseeable damage typical to the contract, except in cases of wilful intent or gross negligence.
10.2
Above-said limiations of liability do not apply in the case of claims arising from death or injury to body or health. Compulsory statutory liability, for example the laws govening product liability or the granting of a guarantee, shall not be affected.
10.3
Where and to the extent our liability is excluded or limited, the personal liability of CTS’s employees, workers, representatives, agents, and auxiliary or vicarious persons shall be equally excluded or limited.
11. Term of contract, termination, account suspension
11.1
The Agreement relating to admission to and use of the Internet auction platform is concluded for an indefinite period of time.
11.2
In the event that the user breaches these present Terms and Conditions, CTS shall be entitled to temporarily or permanently suspend the user from use of the Internet auction platform. In particular, CTS shall be entitled to suspend usage if the user fails to meet his obligations under the purchase contracts concluded.
11.3
The parties are entitled to terminate the use agreement at any time with immediate effect. CTS’s right to suspend user accounts shall not be affected.
12. Place of jurisdiciton, applicable law
12.1
The place of jurisdiction for all and any present and future claims arising from the business relationship with traders, legal persons under public law, and special funds under public law shall be the local court Amtsgericht Steinfurt or the regional tribunal Landgericht Muenster. CTS shall also be entitled to take legal action against the user at his place of general jurisdiction.
12.2
These present General Terms and Conditions and all legal relationships between CTS and the user are governed by the laws of the Federal Republic of Germany.
Edition October 2010