General terms and conditions for using the public area of ACRAR
These T&Cs came into effect on February 03, 2014.
By marking the checkbox you agree to the general terms and conditions and the attached price list of ACRAR.com - hereafter referred to as ?ACRAR“.
§ 1 General terms
- ACRAR operates databases that are publicly accessible via the internet and can be used by every natural or legal person (if not a consumer according to §13 BGB), or public authority (commercial user) to offer machines, vehicles, spare parts and accessories (auction items via auction functions) of any kind and to search for these items using algorithms provided by ACRAR. These general terms and conditions regulate the services of ACRAR for the internet presence and other means, for example mobile applications (following ACRAR service).
- These general terms and conditions are exclusively valid between ACRAR and the users of the public areas of the website operated by ACRAR. Any contradicting terms and conditions by users are not valid.
- ACRAR only provides the technical platform for transmitting data (auctions) in the form of databases. ACRAR does not offer any auction items itself.
- ACRAR is not involved in the business relationship between seller and buyer/interested party, neither as a party nor as a representative of any party.
§ 2 Description of services
- ACRAR’s services are to provide input forms for auctions, to publish these auctions and to allow access to the auctions stored in the ACRAR databases via the internet. The appearance and selection of functions could differ depending on the means of access – for example for the website and the mobile application.
- ACRAR advertises the ACRAR service and the user provided auctions itself and by third parties, for example by including auctions or fractions of auctions on websites, software applications, emails or in print, radio or TV marketing campaigns. For this purpose ACRAR may grant third parties access to data, information and content published by the ACRAR service. The users acknowledge that their auctions may be translated for use in foreign websites, software applications and comparable services.
- The right to use ACRAR services and functions is only granted in as much as is possible in the current state of technology.
- ACRAR reserves the right to limit the input capabilities and access of auctions temporarily, if this is deemed necessary due to capacity limits, security or integrity of the servers or for maintaining the technical infrastructure. ACRAR will take the legitimate interests of its users into account, especially by communicating advance information.
- For technical reasons especially, there may be temporary limitations to access published auctions (unforeseen system interruptions).
- §§ 13 and 14 of these T&Cs remain unaffected.
§ 3 Registration and user accounts
- Registration is required in order to use ACRAR services. Registration is free of charge. By registering, the user will enter into a contract with ACRAR that regulates the use of the public area of the ACRAR services (following “user contract”). A right for the user to enter this contract does not exist.
- Only legal persons, private companies, public bodies and unlimited contractually capable persons may register. Specifically: Underage persons are not permitted to register with ACRAR.
- The data requested by ACRAR during registration must be complete and correct. The user is required to truthfully state his or her status as a private or commercial user. The registration requires a valid email address and a personal password. The password must be kept secret and may not be forwarded to third parties.
- If any of the data provided during registration has changed, the user must update his/her user account immediately.
- The user must double check the data entered during registration and each change for correctness.
- Each user may only register on ACRAR once. It is not permitted to register for several user accounts. It is forbidden to bypass these T&Cs, especially by using different data. A user account is non-transferable.
- ACRAR reserves the right to cancel user accounts that have been idle for 12 months.
§ 4 Publishing auctions, prices
- A user marked as a commercial user can enter various auctions in the public area of ACRAR services. ACRAR reserves the right to delete auctions and to cancel use contracts following an abuse of service, especially when using several user accounts.
- Auctions are published for a certain period of time (run time) and cannot be extended. The run time of an auction is selectable within certain limits. Expired auctions remain accessible, but cannot be found via the ACRAR search function.
- The run time of an auction begins by publishing the auction. The time of publication is selectable by the user within certain limits. The auction ends with the expiration of the auction run time.
- ACRAR charges the seller a commission fee and service fees, if applicable, for its services, depending on the final selling price for the auctioned item and in accordance with the attached price list. The user will be informed about the commission fee to pay after the end of the auction.
- Data entered by users can only be changed prior to the auction publication and only for the information entered by the user.
- An auction may be terminated early only in the event that the seller is legally authorized to do so, for example after demonstrable destruction or demonstrable loss of the auction object. In case of an early termination of an auction by the user, the fee for the DECRA inspection report (see §16 of the T&Cs) of EUR 200.00 net will be billed to the user. Additionally the user is required to compensate ACRAR for any damage except loss of profit.
- If early termination is the fault of the user, the user is additionally required to compensate ACRAR for loss of profit.
§ 5 Due date for fees and commissions, payment
- Payment of fees and commissions is done by wire transfer. Payment is required after sale, early termination or expiration of an auction.
- If payments are not received, the user must compensate ACRAR for all damages, except when the user can prove that he/she is not responsible for the unsuccessful transfer, or if he/she can prove that none or only negligible damage occurred.
§ 6 Deletion of auctions, suspension, cancellation and other measures
- ACRAR reserves the right for the following actions, if there is tangible indication that users infringe the law, the rights of third parties or these T&Cs, or if ACRAR has another qualified interest (especially for late payments):
- Deletion of an auction or other content that was entered on ACRAR
- Deferral to publish content on ACRAR services
- Issuance of a caution to users
- Constriction or confinement to use ACRAR services
- Temporary suspension of users
- Permanent suspension of users
- ACRAR has the right to delete auctions if the content or appearance violates the T&Cs (especially §8 No. 1-12), statutory provisions or third party rights. The user remains responsible for all fees and loss of profit (see §4 No 6 and 7) in a case of deletion by ACRAR.
- ACRAR has the right to suspend users indefinitely and permanently from using the ACRAR services if users demonstrate repeat and/or serious violation of the T&Cs, or for other important reasons.
- As soon as a user is suspended, he/she is not authorized to use the ACRAR services and may not register again.
- Users can cancel the use contract at any time. To do so, the user can request deletion of his/her user account by ACRAR.
- ACRAR may terminate the use contract by proper notice at any time. The right to suspend remains unaffected.
§ 7 Changes in pricing / changes in T&Cs
- Changes in pricing are published in the price list that is accessible via the internet, including the effective date. New prices are valid for all newly published auctions after that effective date. Auctions running during the effective date will stay governed by the former applicable T&Cs.
- ACRAR reserves the right to change the T&Cs at any time and without provision of reasons. The changed conditions will be displayed to the user prior to publishing an auction. The user agrees to the new T&Cs if he/she continues to use the service. If a user disagrees with the new T&Cs he may cancel his/her user account at any time.
§ 8 Requirements to content and appearance of auction items
- The following auction items are not permitted:
- Auctions targeted to lease, rent or purchase in installments or using any other form of financing or cession of right to use,
- Auctions that take over financing or leasing contracts,
- Sale or advertisement of software,
- Advertisement of services.
- The user is required to provide complete and truthful information about the auction item, especially the year of manufacture, the legal relationship to the auction item and all other auction content. Incorrect information has to be reported immediately upon discovery.
- The DECRA inspection report (see §16 of these T&Cs) of the auction item will be added to the auction unabridged and without any change. The seller remains responsible to report known prior damage of considerable magnitude. The auction item can only be found after choosing a suitable category in the search form.
- It is not permitted to offer several machines separately or as a package within one single auction.
- It is not permitted to offer the same auction item simultaneously at any other location. This is also valid if the same auction item is published simultaneously by different users.
- Throughout the run time of an auction, the user must be able to close a legally effective purchasing contract with an interested party about the auction item and to transfer the item and ownership subject to the payment provisions immediately.
- Auctions may be enhanced with photos. The user is required to upload only those photos to the ACRAR databases, which he has absolute rights to and which are not bound to any other third party rights (especially copyrights of third parties). The photos must not be misleading and must represent the true state of the auction object. Catalog pictures may only be used for items in mint condition.
- In the event that ACRAR is providing quality seals, guarantee signs or any other symbol to build trust, the user must ensure that these are only displayed within the context of the qualified auction items. No other symbols of quality may be used unless they are authorized by ACRAR.
- The auction text, content or optical appearance must follow the law and good customs. Users must especially follow regulations of the copyright and trademark acts, the Telemediengesetz (Mandatory imprint/Legal notice) and the Pkw-EnVKV (Passenger Car Energy Consumption Labeling Ordinance).
- The user is required to provide correct and truthful pricing information. Especially the regulations of the PAngV (Price Regulation) must be followed. §1 No 1 of PAngV states that all prices must be final, including applicable VAT and other price components (e.g. transfer costs). Auctions with obviously incorrect or misleading pricing information are not permitted.
- It is not permitted to provide links to external websites, other services or information sources in an auction, except where required by law. Links include inactive web addresses (URLs) or parts thereof. Links in the free text of an auction to user-owned pictures, PDF files and multimedia presentations are an exception, as long as they contain additional information about the auction item (e.g. other inspection reports, user manuals).
- It is not permitted to publish phone numbers to value added services, especially for number circles 0900 and 0180.
- The user is not permitted to contact a bidder during the run time of an auction or immediately thereafter outside the ACRAR service and to offer the auction item or a comparable items for sale. In such case the user is required to compensate ACRAR for all resulting damages and ACRAR may temporarily or permanently suspend the user account, depending on gravity of the case.
§ 9 Responsibility for the content of auctions
- The user is solely responsible for the content of his or her auctions, with the exception of the DEKRA inspection report. ACRAR is not responsible for monitoring the correctness or completeness of auction contents, with the exception of the DEKRA inspection report. ACRAR is not liable for the correctness and completeness of auctions, with the exception of the DEKRA inspection report.
- ACRAR excludes liability for whether the auctions follow all applicable laws.
- ACRAR expressively excludes liability for any purchasing contracts that are not executable because of the law of one of the involved nations or that in any other way result in legal or commercial disadvantages to one or both of the contracting parties.
§ 10 Indemnity
The user indemnifies ACRAR of all claims from third parties because of breaches of their rights due to the auction or any other use of the ACRAR services by the user. The user agrees to take over the costs for all legal expenses for such matter, including all court and lawyer fees. This agreement is not valid if and as much as the user is not responsible for this matter.
§ 11 Assurance of actuality of databases
To provide meaningful and successful search capabilities, ACRAR strives for actuality in its databases. For this reason, ACRAR reserves the right to delete auctions immediately after the sale of the auction item or if the auction is not available anymore for other reasons.
§ 12 Manipulations and disruptions by users
- Users may search auction items in the ACRAR databases exclusively via the search forms provided by ACRAR. It is not permitted to search for items by circumventing the search forms, especially by using search software that is directly accessing the databases of ACRAR. Non-compliances will be prosecuted by civil (for unauthorized intervention into trademark rights) and penalty law (§§ 108ff of the copyright law).
- It is prohibited to engage in activities that aim to disrupt or impede ACRAR services. Users may not engage in any measures that may result in unacceptable loads on the infrastructure of ACRAR. Users are not permitted to block, overwrite or modify ACRAR generated content or to access ACRAR in other means that are disrupting.
- It is not permitted to falsify or modify results of the machine search of the ACRAR service by providing wrong or misleading information, by publishing in a wrong category, by using technological measures or by otherwise abusing the functionality of ACRAR.
§ 13 Guarantee by ACRAR
- In case of legal warranty claims by the user ACRAR is permitted to provide supplementary performance by instantaneously repeating the auction for the specific auction item.
- ACRAR is not required to deliver services in cases of force majeure. Force majeure is defined as all unforeseen events and events that are not justifiable for any party. Such events could be lawful labor disputes, including third parties, official procedures, outage of communication networks and gateways of third parties, disruption of cable providers, other technical disruptions, even when they occur within their subcontractors. Claims cannot be made by users when such disruptions occur that are outside of the power of ACRAR.
§ 14 Extend of liability for ACRAR
- ACRAR is only liable (except for breaching major contractual obligations) for damages if ACRAR, its legal representatives, managing officers or other assistants commit deliberate acts or culpable negligence. In case of a breach of major contractual obligations ACRAR is liable for any culpable conduct of its legal representatives, managing officers or other assistants.
- Except for deliberate acts or culpable negligence of legal representatives, managing officers or other assistants, the liability of ACRAR is limited to the typical expectable damage at the time of entering this contract.
- A liability for indirect damages, especially missed profits, only exists for deliberate acts or culpable negligence of its legal representatives, managing officers or other assistants of ACRAR.
- The previous exclusions from liability and restrictions are not valid if expressive guarantees have been granted by ACRAR and for damage from loss of life, personal injury or health and where required by law.
§ 15 Copyright and right to use
All data, information, company logos, texts, programs and images of the auctions posted within ACRAR services are subject to copyright. It is not permitted to alter, process or use media of any kind by third parties. The rights of users remain unaffected; they can still use their own data and information without limits.
§ 16 DEKRA-inspection report
- ACRAR will order a DEKRA inspection report for all auction items in the pricing model Premium except spare parts and accessories. The user is required to allow experts unlimited access to the auction item, to allow a timely visit of the auction item and to provide any reasonable assistance to the expert, especially within the framework of the list provided by ACRAR. The expert fee is included in the fee of the pricing model Premium.
- An auction in price model Premium will only be published in the public area of the ACRAR service after the auction item has been inspected by an expert from DEKRA. If the user impedes, refuses or interrupts the inspection by the DEKRA expert, he is liable for the cost of the inspection according to §1, plus missed profits for ACRAR.
§ 17 Offers, award and handling of payments
- Offers are only permitted in EUROS. Exchange rates for other currencies provided by ACRAR are only customary.
- By posting an auction item the seller is entering a binding offer to close a contract regarding the auction item. The seller has to provide the minimum integral asking price, which must be at least EUR 1.00. The offer can be accepted within the running time by a bid, which is done by a bidder by posting a bid. The bid may not be smaller than the minimum asking price. Users are not permitted to bid on items posted by themselves. Bidders may only remove a bid if they are legally authorized to do so. The bid becomes canceled if another bidder posts a higher bid within the running time. At the expiration of the auction a contract between the seller and the highest bidder comes into place about the purchase of the auction item unless the seller was legally authorized to withdraw the item.
- Every bidder can post a maximum bid for an auction. The maximum bid is the highest price that the bidder is willing to pay for the specified item. The maximum bid stays hidden from the seller and other bidders. If another user is bidding on the same article, the current bid is automatically increased so that the bidder retains his or her position as the highest bidder, until another user exceeds his or her maximum bid.
- Under certain circumstances, sellers can post a minimum selling price for their auctions that may differ from the starting price. In this case, a contract is not entered into if the highest bid at the expiration of the auction does not reach the minimum selling price. The minimum selling price amount is not shown to anyone. ACRAR will display a notice that the minimum selling price was not achieved yet until it is achieved.
- Auction items can optionally be sold with a Buy-It-Now option at a fixed price under certain circumstances. In this case the contract for selling the auction item comes into place independently of the expiration of the auction, in the event that a user chooses to use the Buy-It-Now option. The Buy-It-Now option expires after the first regular bid has been posted.
- The handling of payments is done by a collection agency contracted by ACRAR. The buyer is required to transfer the purchasing price, plus a transaction fee of 2%, plus applicable VAT to the collection agency within one week of the award/auction end. The seller will be informed once payment is received.
- The collection agency contracted by ACRAR will pay the transaction fee plus applicable VAT to ACRAR and the selling price to the seller, as soon as the auction item has left the jurisdiction of the seller.
§ 18 Application of German law and place of jurisdiction
- The use contract, including these T&Cs, is governed by German Law. The only relevant version of the T&Cs, the DEKRA inspection report and the website is the German version. All translations on offer are nonbinding.
- As long as the user is not a merchant according to the Handelsgesetzbuch (Code of Commerce), Cologne, Germany, is the exclusive place of jurisdiction for all conflicts as a result of using the databases of ACRAR. The same applies for users who have moved their residence after entering this contract abroad or who do not maintain a place of jurisdiction in Germany.
§ 19 Severability
In case one or more terms of these T&Cs are legally void, all other T&Cs remain unaffected. The void condition is then considered replaced by such a condition that is legal and closest to it by commercial meaning, unless the before-mentioned invalidity is based on a provision that serves to protect one party. The same applies to potential loopholes.