General Terms and Conditions CarLuxembourg
(for the use of the services accessible through the website www.carluxembourg.lu)
Status: January 2022
Please read our Terms and Conditions carefully before using the website and services of www.carluxembourg.lu. By using our website or services, you signify your agreement and associated acceptance of our Terms and Conditions.
§ 1 General and subject matter of the contract
- (1) The website www.carluxembourg.lu is a website operated by Rias El Hayek, Metzer Str. 124, 66117 Saarbrücken (hereinafter: 'Carluxembourg' or 'we') for the valuation and purchase of motor vehicles.
- (2) Our website allows users to enter certain vehicle data in an input mask in order to obtain an online assessment of a motor vehicle. The online evaluation is free of charge.
- (3) ) Individual agreements made in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, a contract in text form shall be authoritative for the content of such agreements.
- (4) ) These General Terms and Conditions (hereinafter: 'GTC') apply to all business relations between 'Carluxembourg' and the respective visitors of the website (hereinafter: 'user') or sellers of the motor vehicles (hereinafter: 'seller'). In each case, the version of the GTC valid at the time of the conclusion of the contract is authoritative. With the use of our website and services by the respective user, the validity of these GTC is accepted as binding. We reserve the right to change these GTC at any time and without giving reasons.
- (5) If we purchase a vehicle, the services shall be specified in a separate purchase agreement to be concluded.
- (6) Certain services related to the sale, such as the immobilization of the vehicle and, upon request, the collection and transfer of the purchased vehicle are free of charge for the seller. For the conclusion of the purchase contract it is necessary for the seller to be the full owner of the vehicle and that this vehicle is not encumbered with the rights of third parties. For the conclusion of the purchase contract, all necessary documents identifying the seller as the owner must be ready.
§ 2 Online evaluation, transmission of bid presentations and invitation to review
- (1) Users of our website can enter certain vehicle data in an input mask in order to obtain a free evaluation of a motor vehicle. The website serves only to provide information about a possible purchase price for the vehicle.
- (2) The evaluation result of our website as well as the transmission of further information does not constitute a binding offer of sale of the user for a vehicle, nor a binding offer of purchase by CarLuxembourg.
- (3) A purchase of a motor vehicle by CarLuxembourg is only considered after an inspection of the vehicle by one of our employees at our location.
- (4) Any evaluation made online on our website or sent to the user by e-mail is based on the information that the user provides to us about the vehicle.
- (5) If the valuation result corresponds to the seller's price expectations, he can arrange an appointment with the buyer online, during which a technical inspection of the vehicle will take place and the seller's other information about the vehicle will be checked. If the user agrees with the evaluation result and arranges an appointment with the seller on site, he will receive a confirmation email. If the checks confirm the information provided by the seller about the vehicle and its technical condition, the buyer can submit a binding purchase offer to the seller at the purchase price determined in the online valuation (see § 2 para. 1).
- (6) If deviations arise, the contracting parties may renegotiate the purchase price determined under § 2 para. 1. The Seller shall be free to accept this offer of the Buyer.
§ 3 Rights of use
- (1) Within the scope of this user agreement, users have the right, by using the online input mask provided by CarLuxembourg, to make data records visible on their screen and to make a printout for permanent visualization.
- (2) Use is permitted exclusively for individual and non-commercial purposes. Users may not use the data obtained through online queries, either in full, in part or in excerpts, to build their own database in any media form and/or for commercial data exploitation or provision of information and/or for any other commercial exploitation.
- (3) Users must refrain from all actions aimed at influencing the function of the services we offer.
- (4) Users may not systematically extract and/or reuse any parts of our service without our express written consent. In particular, users may not utilise any data mining, robots, or similar data gathering and extraction tools to extract any substantial parts of our service for re-use without CarLuxembourg's express written consent.
- (5) The linking, integration or other connection of our service without our express written consent is not permitted.
- (6) The presentation and functional scope of the service may differ depending on the type of access (e.g. via Internet page or via mobile website). The right to use the service and its functions exists only within the scope of the current state of the art.
- (7) The user grants the purchaser free of charge the right, unlimited in time, geography and content and transferable, to exploit online and offline the content that the user has transmitted to CarLuxembourg, vehicle data as well as photos taken in the course of the evaluation of a vehicle at the location of CarLuxembourg.
§ 4 Collection dates/ Transport risk
- (1) Upon conclusion of the contract, the parties shall agree on a handover date at the Buyer's premises or, upon request, a collection date at the Seller's premises. The agreed collection dates are binding. The Seller may postpone the collection date in consultation with the Buyer up to 24 hours before the collection date without giving reasons. In case of postponement of a collection date less than 24 hours in advance, the Buyer reserves the right to claim the resulting damage from the Seller.
- (2) A collection date must be made possible by the Seller at least within 14 days after conclusion of the contract. If a collection date is not made possible within this period, the seller is automatically in default with regard to the performance of its services.
- (3) At the pick-up date, the vehicle that is the subject of the contract must be handed over by the seller to the buyer together with all necessary documents. For this purpose, a handover protocol shall be prepared. Ownership of the vehicle shall pass to the buyer at this time.
§ 5 Warranty
- (1) CarLuxembourg shall not assume any warranty for technical defects, in particular the permanent availability of the website at any time and the error-free reproduction of the content entered by the user.
- (2) If the website is unavailable, our customer service is available to the user via telephone number 0681/ 99 27 27 74.
§ 6 Limitation of liability
- (1) The use of the website is at the user's own and unrestricted responsibility.
- (2) We always try to ensure that the services of CarLuxembourg are available without interruptions and free of errors. However, due to the nature of the Internet, this can not be guaranteed. Also, your access to our website may occasionally be interrupted or restricted to allow for repairs, maintenance or the introduction of new services. We will attempt to limit the frequency and duration of any such temporary interruption or restriction.
- (3) Within the scope of the use of our website and services, we are liable without limitation for damages caused by CarLuxembourg or by its legal representatives, employees or simple vicarious agents intentionally or through gross negligence.
- (4) CarLuxembourg shall not be liable in cases of slightly negligent breach of only minor contractual obligations. Otherwise, the liability of CarLuxembourg for damages caused by slight negligence shall be limited to those damages that can typically be expected to occur. Thereby the liability is limited to the direct average damage.
- (5) The above limitations of liability shall not apply to damages resulting from injury to life, limb or health, or to other damages based on fraudulent intent.
- (6) Insofar as the liability of CarLuxembourg is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
- (7) Despite the greatest care, we do not assume any liability for the correctness, completeness and up-to-dateness of the contents provided. The use of the retrievable content is at the user's own risk.
§ 7 Data protection
- (1) • The protection of personal data and the privacy of the users of our website is very important to us. In order to ensure the greatest possible protection, it goes without saying that we comply with all legal regulations governing data protection.
- (3) 'Personal data' within the scope of these GTC, includes information about the personal or factual circumstances of a specific and/or, using further information, of an identifiable natural person and information that can be individually assigned to you. This includes, for example, your e-mail address, address, postal address or telephone number. Your personal data is collected via the CarLuxembourg website if it is provided to us by you. This is the case, for example, when filling out the input fields of the online form of CarLuxembourg for the purpose of evaluating your motor vehicle. This also includes information about which offer of our website interests you, if this can be assigned to your person. Anonymized or aggregated data that cannot be used to identify a specific user, even in combination with other information or in any other way, is not considered personal data.
- (4) You may revoke your consent to the use of your personal data, in particular your e-mail address, at any time, as well as object to the use of your data for advertising purposes, without incurring any costs other than those according to the prime rates of your provider. This applies in particular if you send CarLuxembourg a revocation.
- (5) We point out that data transmission on the Internet (e.g. communication by e-mail) may have security gaps. A complete protection of the data against access by third parties is not possible.
- (6) ) The use of contact data published within the framework of the imprint obligation by third parties to send unsolicited advertising and information materials is hereby expressly prohibited. The operators of the website CarLuxembourg expressly reserve the right to take legal action in the event of unsolicited promotional information, such as spam e-mails.
§ 8 Copyright and rights of use
- (1) Any further use is only possible with our prior written consent.
- (2) ) In case of unauthorized use of our information and third party trademarks or logos displayed on our website, you violate our rights or the rights of third parties.
§ 9 Final Provisions
- (1) ) In the event of all disputes arising from the contractual relationship, if the Seller is a registered merchant, a legal entity under public law or a special fund under public law, the action shall be brought before the court having jurisdiction over the Buyer's principal place of business. It shall also be entitled to bring an action at the headquarters of the Seller / Contractor.
- (2) In the event of any disputes arising from the contractual relationship, if the Seller is a consumer, an action shall be brought before the court having jurisdiction over the Seller's place of residence or the Buyer's place of business, as the case may be.
- (3) German law shall apply exclusively to the exclusion of the laws on the international purchase of movable goods, even if the Seller / Contractor has its registered office abroad. The language of the contract is German.
§ 10 Severability Clause
- • Should any provision of these Terms and Conditions be or become invalid, the legal validity of the remaining provisions shall not be affected thereby. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes as close as possible to the economic purpose intended by the parties.