User agreement between the user and the website operator
fahrzeug-scout24.de
Company:
ToRoMedia
Hollow Ditch 18
D-34346 Hann. mouths
Tel: +49 (0) 5546 3249727
Fax: +49 (0) 5546 3249725
Mail: info@fahrzeug-scout24.de

Before using this website, please read the following General Terms and Conditions (GTC).

§ 1 General

Users at fahrzeug-scout24.de are all natural or legal persons or partnerships with unrestricted legal capacity.
The service provided by fahrzeug-scout24.de is divided into the "Public Area" and the "Closed Area". fahrzeug-scout24.de operates a service that is accessible via the Internet, the "public area" of which can be used by any user to search for vehicles using the search function provided by fahrzeug-scout24.de. The "closed area" and its functions are only accessible to registered users. These General Terms and Conditions apply exclusively between fahrzeug-scout24.de and the users of the website operated by fahrzeug-scout24.de. Conflicting terms and conditions of a user do not apply here. In the form of the website, fahrzeug-scout24.de only provides the technical requirements for the transmission of information in the form of advertisements. fahrzeug-scout24.de has no influence whatsoever on the content of the vehicle advertisements and is under no circumstances the provider of the vehicles advertised. In the relationship between the users, generally providers and buyers, fahrzeug-scout24.de is not involved either as an intermediary or as a representative. Contracts resulting from advertisements placed by fahrzeug-scout24.de are concluded and fulfilled without the participation of fahrzeug-scout24.de.

§ 2 Scope of Services

Fahrzeug-scout24.de provides an input mask for advertisements, activates the advertisements placed and ensures that the advertisements can be called up via fahrzeug-scout24.de for a period of time agreed with the user. The right to use the fahrzeug-scout24.de website and its functions only exists within the scope of the state of the art at fahrzeug-scout24.de. With regard to capacity limits, ensuring security, server integrity and to carry out necessary technical measures or maintenance work, fahrzeug-scout24.de reserves the right to temporarily limit the possibility of entering and retrieving advertisements. In doing so, fahrzeug-scout24.de takes into account the interests of all users.

§ 3 Costs

The use of fahrzeug-scout24.de is free for private customers for 30 days and for listing a vehicle. The advertisement period can be extended at any time as often as you like. Permissible changes to an advertisement during the term are free of charge. An advertisement by a user can be deleted by him at any time. There are no additional costs. The setting costs for commercial providers can be found in our price list. 

§ 4 Conclusion of Contract

By registering with fahrzeug-scout24.de, the user fully agrees to the terms and conditions. The user undertakes to provide complete and truthful information.

§ 5 Deletion of offers and blocking

Fahrzeug-scout24.de can take the following measures if there are concrete indications that a user has violated statutory provisions, the rights of third parties, valid laws or these General Terms and Conditions:

***Deleting advertisements that have been placed on fahrzeug-scout24.de
***Restriction on the use of the fahrzeug-scout24.de website
***User warning
***User ban
***Permanent ban of users

If a user violates these GTC repeatedly or in a particularly serious manner, they can be permanently and permanently excluded from using the fahrzeug-scout24.de service. 

§ 6 Advertisements

Each private user can place a maximum of one ad per month on fahrzeug-scout24.de. Every business user can place any number of advertisements on fahrzeug-scout24.de. The user must disclose his commercial status as a commercial provider. The user is obliged to place vehicles only in the designated section. Only advertisements aimed at selling or buying vehicles are permitted. The sale of applications and services is not permitted. The user is obliged to provide complete and truthful information regarding the vehicles. Incorrect information that was given by mistake, such as typographical errors, classification in the wrong categories or incorrect images must be corrected immediately after they become known. It is not permitted to offer several vehicles at the same time within one advertisement. It is not permitted to enter the same vehicle more than once within one category at the same time. The advertisements can be illustrated with photos. The user undertakes to only use photos for which he owns the full rights. These photos must not be misleading in any way and must reflect the actual condition of the vehicle being offered. The content, wording, appearance and purpose of the advertisement must not violate applicable legal regulations or ethics. In particular, traders must observe the regulations of the Teleservices Act (TDG) and the Price Indication Ordinance (PAngV). It is not permitted to include references (links) to external websites and sources of information in an advertisement. The link to your own website is allowed. It is not permitted to provide service telephone numbers (e.g. for value-added services) which result in increased telephone charges for the caller. This also applies to the dial-in numbers 0900 and 0190. 

§ 7 Exemption

The user releases fahrzeug-scout24.de from all claims asserted by third parties against fahrzeug-scout24.de due to the infringement of their rights through his advertisement or due to other use of the fahrzeug-scout24.de website by the user. In such a case, the user bears the costs of the necessary legal defense of fahrzeug-scout24.de. All court and legal fees are included.

§ 8 System Integrity

It is not permitted to circumvent functions (e.g. search masks) of fahrzeug-scout24.de, to disable them or to interfere with the website of fahrzeug-scout24.de in any other way. Likewise, the user is not permitted to block, overwrite or modify content generated by fahrzeug-scout24.de. All user activities aimed at rendering the fahrzeug-scout24.de website inoperable or restricting its use are prohibited. The user may not take any measures that could result in an excessive load on the infrastructure of fahrzeug-scout24.de.

§ 9 Warranty

If the user is entitled to statutory warranty claims, fahrzeug-scout24.de is initially entitled to supplementary performance. This is done by extending the duration of the advertisement for the specific advertisement placed. fahrzeug-scout24.de is released from the obligation to perform in cases of force majeure. Force majeure includes all unforeseen events and events for which neither party is responsible for the impact on the fulfillment of the contract. These events include, in particular, lawful industrial action, also in third-party companies, official measures, failure of communication networks and gateways of other operators, disruptions in the area of ​​line providers, other technical disruptions, even if these circumstances are in the area of ​​subcontractors, subsuppliers or their subcontractors or by the provider authorized operators of sub-node computers occur. Claims do not arise for the user if they are not caused by fahrzeug-scout24.de. 

§ 10 Limitation of Liability

fahrzeug-scout24.de is not liable for technical faults. The cause of which is not the responsibility of fahrzeug-scout24.de. Furthermore, fahrzeug-scout24.de is not liable for damage caused by force majeure. fahrzeug-scout24.de only for intentional and grossly negligent breaches of duty, as well as for the breach of essential contractual obligations. In this case, however, the liability of fahrzeug-scout24.de is limited to typically foreseeable damage. The provisions of the Product Liability Act remain unaffected here. The same applies to the fault of a vicarious agent or legal representative. Neither hyperlinks, advertising banners, product data nor information from companies and the like represent a recommendation by fahrzeug-scout24.de for third parties and their services. Furthermore, fahrzeug-scout24.de does not adopt this content as its own. The user is solely responsible for the content of the advertisements. Neither the correctness nor the completeness of the content of the advertisements are checked by fahrzeug-scout24.de and beyond that no guarantee is given. fahrzeug-scout24.de excludes any guarantee and liability for the sufficiency of all legal provisions of the advertisements. In particular, fahrzeug-scout24.de excludes any warranty and liability resulting from the purchase contracts that were concluded on the basis of the advertisements on fahrzeug-scout24.de. 

§ 11 Copyright and Rights of Use

Content published on the website of fahrzeug-scout24.de is legally protected. Reproduction (also in extracts), in particular for commercial use, requires the prior written approval of fahrzeug-scout24.de or the respective authorized person. However, non-commercial or personal use is permitted insofar as the origin of the content is clearly identified. This is possible, among other things, by citing the source. Any use going beyond this requires the prior written approval of the respective beneficiary. For this please contact us. Every user of fahrzeug-scout24.de must ensure that he has all the necessary rights for all content made available on fahrzeug-scout24.de and that no rights of third parties are violated by this content. Furthermore, the user hereby irrevocably grants fahrzeug-scout24.de the unrestricted spatial, temporal and content-related right to use and exploit the content provided by him. In particular, this also includes the right to reproduce, change, publicly display, send, further develop, transfer the rights of use to third parties without a claim to remuneration. Any further use of the user's content by himself or by a third party authorized by him is permitted. 

§ 12 Amendment of the General Terms and Conditions

When using fahrzeug-scout24.de, the applicable general terms and conditions apply. However, fahrzeug-scout24.de reserves the right to change these General Terms and Conditions in whole or in part at its own discretion. Registered users will be informed by fahrzeug-scout24.de about a change by e-mail. If the user does not expressly object to the changes within two weeks of being informed, he or she agrees to the changes, i.e. the new General Terms and Conditions, by remaining silent.

§ 13 Place of performance, application of German law, place of jurisdiction

The substantive law of the Federal Republic of Germany applies exclusively. The place of jurisdiction is the registered office of fahrzeug-scout24.de if both parties are merchants or are treated as such according to the rules regarding the place of jurisdiction.

§ 14 Severability Clause

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, or should the General Terms and Conditions contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. Instead of the invalid or missing provisions, the respective statutory regulations apply.

As of March 18, 2020

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