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General terms and conditions of business

Terms and Conditions (T&C)

§ 1 Scope of the General Terms and Conditions

The following General Terms and Conditions (T&C) apply to all contracts concluded between the company checkdenwagen Automobile DE, Alexandrinenstr. 33, 10969 Berlin (hereinafter referred to as checkdenwagen.de) and the customer for vehicle inspection services. The term "customer" includes consumers and business customers (B2B customers). Deviating terms and conditions of the customer, which are not expressly recognized by checkdenwagen.de, are not binding on checkdenwagen.de, even if the use of other terms and conditions is not expressly objected to.

 

§ 2 Service Description

checkdenwagen.de offers services related to the inspection of used cars. This includes checking car advertisements, on-site vehicle inspections, the creation of vehicle reports, and, if necessary, scheduling appointments with the seller's side. checkdenwagen.de employs selected and recognized experts. Thus, checkdenwagen.de is able to carry out services related to the professional inspection of vehicles at favorable fixed prices and conditions at the desired location in Germany. From a variety of service offerings, checkdenwagen.de makes a selection and presents them on the portal. The technical parameters to be checked result exclusively from the respective sample protocol and the selected inspection service (Basic, Plus & Premium). The inspection services are described in detail and priced. The final price for an inspection service to be booked is shown on the website before ordering as the total price (including the respective statutory value-added tax). By placing the inspection order, the customer acknowledges that the inspections carried out here as part of the vehicle assessment do not replace the main inspection/TÜV inspection, operational safety and/or spare part inspection, or emission test. Any repairs or replacement of wear parts that may arise after the purchase decision, whether named in the inspection report or not, do not justify a claim by the customer for damages or refund of the fee for the preparation of the inspection report. The on-site inspector is not permitted to remove or dismantle parts for the inspection of the vehicle. The condition assessment is, unless otherwise agreed, based exclusively on visual and functional tests. If, due to obstructive local, temporal, or factual circumstances (e.g., missing or occupied lifting platform despite prior agreements), which the inspector is not responsible for, the inspection of a component is impossible, no price reduction will be granted.

Upon the customer's request, additional special services beyond the inspection services described on the portal can be arranged or carried out, but this requires a separate contractual agreement. Additional inspection parameters must be agreed upon and, if necessary, agreed upon for a fee with checkdenwagen.de.

 

§ 3 Conclusion of Contract

The online booking by the customer (as a consumer) constitutes a so-called distance selling contract within the meaning of § 312c BGB. The contract for the execution of nationwide vehicle inspection services is concluded electronically upon the customer's order using the internet order forms and the corresponding order confirmation by checkdenwagen.de. The customer's online order is binding as an offer and is usually accepted by checkdenwagen.de after receipt and verification of the customer's payment. The order confirmation, which confirms the acceptance of the offer and thus the conclusion of the contract, contains all important information regarding the inspection service.

Immediately after the contract is concluded, checkdenwagen.de contacts the seller to arrange an inspection appointment if the customer has not already done so. At the same time, the relevant order data of the customer as well as for the vehicle are transmitted to one of the on-site inspectors.

The customer is obliged to immediately check the transmitted order confirmation for its correctness in order to be able to inform checkdenwagen.de of any inaccuracies. Furthermore, the customer must ensure that his email inbox is active and ready to receive and has sufficient capacity for incoming emails at all times so that he can timely become aware of the incoming contents of the emails. A belated notification of inaccuracies or deviations in the booking cannot be taken into account after the inspection has begun or been completed by the inspector.

 

§ 4 Prices

The prices offered for the vehicle inspection services are final/gross prices for consumers and net prices for commercial customers from Germany. For commercial customers, the applicable statutory value-added tax is added.

 

§ 5 Payment and Performance/Delivery

Payment becomes due as soon as the contract for the inspection service has been concluded between the customer and checkdenwagen.de. Payment is always made in advance. Online data transmission is SSL-encrypted. If a payment is charged back, the customer is obliged to return the authorization documents (order confirmation) immediately and to reimburse checkdenwagen.de for the chargeback costs incurred.

The customer can only conclude a contract with checkdenwagen.de if he declares that his order should be processed immediately. He must confirm this at the conclusion of the contract, pay the agreed fee, and checkdenwagen.de will carry out the inspection service. In this case, the customer waives his right of withdrawal under

 

§ 6 Right of withdrawal / cancellation policy

If the customer is a consumer within the meaning of § 13 BGB, they have the right to withdraw from this contract within 14 days without giving any reason. The right of withdrawal does not apply to customers who are entrepreneurs (B2B customers). In case of a dispute regarding the entitlement to withdraw, the burden of proof lies with the customer to demonstrate their consumer status.

The withdrawal period is 14 days from the receipt of the order confirmation (conclusion of the contract). To exercise your right of withdrawal, you must inform us at:

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Code kopieren

checkdenwagen Automobile DE

Alexandrinenstraße 33,

10969 Berlin

info@checkdenwagen.de

by means of a clear statement in text form (§ 126b BGB) (for example, a letter sent by post or email) of your decision to withdraw from this contract, including the contract number. To comply with the withdrawal period, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires. If you make use of this option, we will promptly (by email) send you a confirmation of receipt of your withdrawal.

Consequences of Withdrawal:

If you withdraw from this contract, we will refund you all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will make the refund using the same means of payment that you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.

If you have requested that our services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

The compensation to be borne by you, in case of withdrawal, is structured as follows:

  • If checkdenwagen.de has not yet assigned an expert: Customer receives 100% refund, you pay €0.00.

  • If checkdenwagen.de has assigned an expert to you and the expert has not yet started traveling to the vehicle: You pay a processing fee of €30.00.

  • If checkdenwagen.de has assigned an expert to you, and the expert was at the location of the inspection object without conducting the inspection: You pay a processing fee of €30.00 and a flat-rate travel cost for the arrival of the expert of €40.00, thus a total amount of €70.00.

  • If checkdenwagen.de has assigned an expert to you, the expert was at the location of the inspection object and the inspection was carried out, but the expert has not yet created a report: You pay 80% of the total price of the respective commissioned inspection service.

In the event of a withdrawal of the order for the product "Inserats-Check", the fee is a flat rate of €20.00 gross.

If the customer (consumer) wishes that checkdenwagen.de begins the provision of services before the expiry of the withdrawal period, the customer must declare/confirm the following during the ordering process:

Consumer Declaration Regarding Commencement of Work Before Expiry of the Withdrawal Period

I hereby confirm,

  • that I have been informed that I have a 14-day right of withdrawal. An appropriate withdrawal policy has been provided to me, and I understand it.

  • that I expressly agree that the commissioned work will begin before the expiry of the withdrawal period.

  • that I have been informed that I will lose my right of withdrawal upon complete fulfillment of the contract, and I accept this.

  • that in case of withdrawal from the contract before complete fulfillment, I am obliged to provide compensation for the services rendered up to the withdrawal.

§ 7 Liability for Defects and Damages:

The liability of checkdenwagen.de for contractual breaches as well as for tort is limited to intent and gross negligence. This does not apply in case of injury to life, body, and health.

In the event of a breach of essential contractual obligations (so-called cardinal obligations) based solely on slight negligence, checkdenwagen.de's liability is limited to compensation for foreseeable, contract-typical damages, up to a maximum of the respective order value of the inspection service. The same applies to any financial losses suffered by the customer due to disputed or incorrect market valuation of the vehicle to be inspected.

To the extent that checkdenwagen.de's liability for damages is excluded or limited, this also applies with regard to the personal liability for damages of employees, workers, other staff, representatives, and vicarious agents.

checkdenwagen.de is not liable for false statements/declarations by the seller in the product "Inserats-Check".

checkdenwagen.de assumes no warranty for defects and damages to the inspected vehicle, as checkdenwagen.de only performs visual and functional checks.

 

§ 8 Data Protection:

The personal data of the customer will be collected, processed, and used in accordance with data protection law to the extent necessary for the execution of the contract and only for this purpose, in an automated procedure. checkdenwagen.de is only authorized to pass on customer data to natural or legal persons who perform the inspection service.

 

§ 9 Miscellaneous:

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§ 10 Place of Performance - Choice of Law - Jurisdiction:

To the extent permitted by law, the place of performance and payment is the registered office of checkdenwagen.de. This contract is governed exclusively by the law of the Federal Republic of Germany.

 

§ 11 Severability Clause:

Should any provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions. Instead of the ineffective provision, the statutory provisions shall apply. In the event that no corresponding regulations can be found under applicable law, a replacement provision corresponding to the purpose of the agreement, or at least coming close to it, shall apply here, as the parties would have agreed to achieve the same economic result if they had known of the ineffectiveness of the provision. The same applies to gaps.

Berlin, January 2024

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