General Terms and Conditions
carmoto tectum GmbH
“Sellers”

Scope of application: Germany

Version: 01.07.2025

Preamble

carmoto tectum GmbH (hereinafter referred to as carsale24) provides, through its carsale24 business model, a platform for brokering motor-vehicle sales. Only a person who is a consumer, or who is activated by arrangement with carsale24, can be a “Seller” (hereinafter “Seller”); only entrepreneurs who are commercially active in the purchase and/or sale of motor vehicles can be “Buyers” (hereinafter “Dealers”). The motor-vehicle listings constitute an invitation to submit purchase offers and are not themselves binding sale offers, provided the price expectation stated by the “Seller” is not reached in the auction. If the seller’s price expectation is reached in the auction, the “Seller” is obliged to sell the vehicle; in that case the listing constitutes a binding sale offer. The offer (hereinafter “listing”) in each case contains the advertisement of the motor vehicle and, where applicable, a condition report.

For the listed motor vehicles, carsale24 obtains independent condition reports at the “Seller’s” request and posts them on carsale24.com with the “Sellers” anonymised.

After the listing is posted, “Dealers” can submit their purchase offers in a “bidding round”. Purchase offers can be submitted until the end of the “bid acceptance period”. If the price expectation is not reached, the seller is free to accept one of the offers. The sale process (hereinafter “sale”) begins with the posting of the listing and ends with the expiry of the bid acceptance period. If the “Seller’s” price expectation is reached during the “sale”, a binding purchase contract comes into effect.

The Dealer T&C apply to “Dealers”.

1 General provisions, subject matter of the contract

(1) These General Terms and Conditions apply to the entire service of carmoto tectum GmbH offered to “Sellers” on carsale24.com, meinautomakler.de, unfallauto-verkaufen.de and all other sites on which the carsale24 service is offered, as well as their associated sub-pages (hereinafter “offering”). The T&C apply to all business relationships between carsale24 on the one hand and the “Seller” on the other. The version of the T&C valid at the time the contract is concluded is decisive in each case.

The offering is aimed at “Sellers” in the territory of the Federal Republic of Germany. Separate provisions exist for other markets outside Germany; if a “Seller” comes from a country for which there are no separate T&C, these T&C for Germany apply.

(2) Deviating, conflicting or supplementary general terms and conditions do not become part of the contract, even if known, unless their validity is expressly agreed to in writing by carsale24.

(3) Only a person who is a consumer within the meaning of Section 13 of the German Civil Code (BGB) or who is admitted and activated for use by carsale24 can be a “Seller”. Only a person who is commercially active in the purchase and/or sale of motor vehicles within the meaning of Section 14 BGB can be a “Dealer”.

(4) carmoto tectum GmbH provides a platform via which the properly registered “Sellers” and “Dealers” can get in contact with each other via carsale24 after an offer is accepted. Listings by the “Sellers” about motor vehicles are stored on the platform. The sale offers are aimed at “Dealers” in the territory of the Federal Republic of Germany.

(5) carsale24 is entitled to make changes to the description of services or to the T&C and other conditions. It will only make such changes for good cause, in particular due to new technical developments, changes in case law or other equivalent reasons. If the change significantly disturbs the contractual balance between the parties, the change is omitted.

(6) carsale24 undertakes the brokering of the contact between “Seller” and “Dealer”. carsale24 owes neither the conclusion of the requested contract on the acquisition or sale of the vehicles, nor the successful performance of the contract. The contracts made possible through the brokering of contact are concluded only between “Seller” and “Dealer”. In these cases carsale24 is not involved as a contracting party and does not act as a representative or vicarious agent of the contracting parties. carsale24 accepts no responsibility for the conclusion, content and execution of brokered contracts.

(7) carsale24 in no case makes a declaration about the condition and characteristics of the vehicle offers. carsale24 does not carry out any technical, factual or other examination of the vehicle offers. All information on technical data, characteristics, the condition of a vehicle, any prior damage, etc., is provided exclusively by the respective “Seller”. In this respect carsale24 accepts no warranty for the accuracy and completeness of the vehicle description and vehicle data.

(8) The Dealer T&C apply exclusively to the business relationships between carsale24 and the “Dealers”.

2 Registration

(1) The “Seller” must complete the registration form fully and correctly and send it to carsale24 via the “Submit” button. The “Seller” must provide truthful, accurate, current and complete information about themselves (hereinafter “registration data”) and their vehicle. The registration data must be updated as needed and changes reported without delay.

(2) carsale24 is entitled to refuse the “Seller’s” registration without giving reasons.

(3) Upon registration and activation of the membership account, a contract on the use of the offering (hereinafter “usage contract”) comes into effect between the “Seller” and carsale24. By completing the registration form, the “Seller” submits their offer to conclude a usage contract. By activating the membership account, carsale24 accepts this offer, so that the usage contract comes into effect.

3 Rights and obligations of the “Sellers”

(1) Each “Seller” bears full and sole responsibility for their activities within their offering.

(2) The “Seller” must protect their access against unauthorised use by third parties, in particular keep their password secret. The “Seller” is liable for any unauthorised use of their access made possible by their conduct, insofar as they are at fault. They must notify carsale24 immediately if there is a suspicion that misuse of their access is occurring or could occur.

(3) The “Seller” expressly consents to their user profile being posted on carsale24.com or on the other sites referred to in 1 (1). They consent to their sale offer being posted and the data being passed on, where applicable, for the purposes of appraisal, forwarding to the selected “Dealer” and, if necessary, to the vehicle’s transporter. The advertisement can be viewed by all website visitors.

(4) The “Seller” is prohibited from providing contact details in their profile that enable direct contact by others, in particular “Dealers”. It is not permitted to provide a telephone or fax number, email address, internet address or other communication data for direct and/or indirect contact independent of carsale24.

(5) The membership account is not transferable.

(6) The “Seller” bears sole responsibility for ensuring that the vehicle details required for a “Dealer” to submit a purchase offer are entered truthfully and completely on carsale24.com. In particular, the “Seller” must provide details of all road-traffic characteristics as well as any existing technical, visual or hidden defects, insofar as these are known to them. Costs incurred by the buyer due to false information from the seller must be reimbursed to the buyer by the seller. This also includes the commission that the buyer has to pay for carsale24’s services. carsale24 reserves the right to charge this (https://app.carsale24.com/de-de/download/carsale24_Preisliste.pdf) commission directly to the seller.

(7) In addition, the “Seller” warrants that they are the owner of the offered vehicles or are entitled to dispose of them.

(8) After a completed sale, the “Seller” must hand over the sold vehicle within 7 working days (Monday to Friday, excluding nationwide public holidays) from the stated date of “availability”, or arrange a corresponding appointment with the “Dealer”.

4 Scope of permitted use

(1) The “Seller’s” authorisation to use is limited to access to the procedure and to the use of the services available on the portal at any given time within the framework of these T&C.

(2) carsale24 points out that the “Seller’s” usage activities may be monitored within the legally permitted scope.

5 Posting of the Seller’s own content

(1) A precondition for using the offering is the creation and setting up of a membership account by the “Seller”.

(2) The “Seller” grants carsale24 a free of charge and transferable right of use of the respective content, unlimited in time and place, in particular

• to store the content on the service provider’s server and to publish / make it publicly accessible
• to archive it and enter it into a database
• to edit, distribute and reproduce it, including the right to make the content accessible in other media (e.g. newspaper, magazine).

(3) The “Seller” is fully responsible for the content they post. carsale24 does not carry out any check of the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose. The “Seller” declares and warrants that they are the sole holder of all rights to the content posted or are otherwise entitled to post the content and grant the usage and exploitation rights.

(4) As a rule, carsale24 does not check the identity of the membership account holder or the information in the account. carsale24 therefore does not guarantee that the account holder is in each case the person they claim to be.

(5) The “Seller” indemnifies carsale24 against all third-party claims in connection with the content they have posted in their membership account, including the sale offer.

6 Preparation of the condition report

(1) carsale24 optionally offers the “Seller” the paid preparation of a condition report by an independent vehicle expert. The vehicle expert prepares a condition report which is subsequently delivered to carsale24 and becomes the basis of the vehicle listing on carsale24.com.

(2) The cost of preparing the condition report is EUR 179.00 incl. VAT and is to be paid to carsale24 by the “Seller” already upon commissioning (see also 9).

(3) If the preparation of the condition report is commissioned, the “Seller” consents to an independent vehicle expert named and commissioned by carsale24 appraising the offered motor vehicle. The “Seller” names three appraisal appointment dates, from which the expert selects one. carsale24 informs the “Seller” by email and in the account; the “Seller” consents to being contacted by the expert by telephone and/or electronically.

(4) The “Seller” supports the expert in preparing the condition report and provides all necessary information and documents (e.g. vehicle papers, invoices) free of charge and in good time. They must unprompted state all old or prior damage, insofar as known. Disadvantages due to documents submitted late or not submitted are not at carsale24’s expense. The “Seller” enables the expert to carry out the appraisal and, where applicable, a test drive.

(5) The “Seller” authorises the expert to obtain the necessary individual information from involved authorities and third parties and to carry out enquiries. If necessary, the “Seller” issues a special power of attorney for this.

(6) The “Seller” warrants that the motor vehicle made available for appraisal is their property or that they are authorised to act on its behalf, and that it is to be offered for sale.

(7) The “Seller” consents to the expert carrying out / having carried out the necessary and customary examinations at their dutiful discretion, in particular obtaining information, conducting investigations and producing photographs (analogue and digital) as well as drawings and sketches. The “Seller” warrants that they are entitled to grant the consent.

(8) There is no legal relationship between the “Seller” and the expert regarding the preparation of the condition report. The “Seller” is not the expert’s client and has no right to issue instructions.

(9) The “Seller” consents to the condition report being made publicly accessible, distributed and reproduced on carsale24.com.

(10) The seller ensures that they appear at the agreed appointment with the expert at the agreed place. Costs for a wasted journey are to be borne by the seller, insofar as they are responsible for it.

(11) The vehicle expert is independent. They are neither an employee nor a vicarious agent of carsale24.

7 Sale advertisement

(1) The “sale” begins with the posting of the listing on carsale24.com. Only after the start of the “sale” may purchase offers be submitted in a “bidding round”. The “sale” does not end with the end of the “bidding round”. After the end of the bidding round there is a “bid acceptance period” (7 (3)). The sale ends with the expiry of the bid acceptance period or with the acceptance of a purchase offer.

(2) The motor-vehicle listings constitute an invitation to submit purchase offers and are not themselves binding sale offers, provided the price expectation stated by the “Seller” is not reached in the auction. If it is reached, the “Seller” is obliged to sell; in that case the listing constitutes a binding sale offer.

(3) By submitting the purchase offer, the “Dealer” makes a binding purchase offer to the “Seller”. The purchase offers are limited in time to the end of the “sale”. For acceptance, the period pursuant to Section 148 BGB is set to the end of the “sale”. The duration of the bid acceptance period is communicated to the “Seller” at the end of the bidding round. The “Dealers'” offers are binding until the expiry of the “sale”.

(4) If the “Seller’s” price expectation is achieved, the “Seller” is obliged to accept the highest dealer purchase offer. If it is not reached, the “Seller” can accept a dealer’s offer by clicking on “Accept bid bindingly”. In both cases a purchase contract for the offered motor vehicle comes into effect.

(5) If the “Seller” is not willing to hand over the vehicle to the “Dealer” at their achieved price expectation, they become liable for damages to the “Dealer”. This also includes the commission that the buyer has to pay for carsale24’s services. carsale24 reserves the right to charge this commission (https://app.carsale24.com/de-de/download/carsale24_Preisliste.pdf) directly to the seller.

(6) The “Dealers'” offers reach the “Seller” by email and/or fax and/or telephone and can be viewed in the protected area on carsale24.com.

(7) If the “Seller” accepts a purchase offer, a contract on the acquisition of the listed motor vehicle comes into effect between “Seller” and “Dealer”. Unless otherwise agreed, the purchase is concluded under the terms of the “purchase contract for the sale of a used motor vehicle”. carsale24 is neither a representative of a party nor a broker and accepts no responsibility for the initiation, conclusion and performance of the contract.

8 Costs

(1) Selling a vehicle via carsale24 is in principle free of charge.

(2) Notwithstanding paragraph (1), if the “Seller” optionally uses a vehicle expert who prepares a condition report as the basis for creating the listing, a one-time cost of EUR 179.00 is incurred.

(3) Insofar as further services from carsale24 are subject to a charge, this is presented accordingly on the website. Without explicit commissioning by the seller, no costs are incurred by them.

(4) Notwithstanding paragraphs (1) and (3), costs may be incurred by a “Seller” through non-compliance with these T&C. These are regulated in 3 (6) and 7 (5).

9 Rights of carmoto tectum GmbH

(1) The usage relationship can be terminated for good cause.

(2) In the event of a breach of these terms and conditions or a justified suspicion of a breach by the “Seller” or a person attributable to them, carsale24 is entitled to exclude the “Seller” and, where applicable, to delete the content used immediately.

(3) carsale24 is not bound by a contract concluded between “Seller” and “Dealer”. carsale24 does not guarantee a successful brokerage, gives no warranty and is not liable for an unsuccessful brokerage.

10 Limitation of liability

In the context of using the offering, carsale24 is liable in accordance with the following provisions:

1. For damage caused intentionally or by gross negligence by carsale24 or by its legal representatives, executive employees or ordinary vicarious agents, carsale24 is liable without limitation.

2. In cases of slightly negligent breach of only immaterial contractual obligations, carsale24 is not liable. Otherwise, liability for damage caused by slight negligence is limited to the damage typically foreseeable within the respective contractual relationship. This also applies to slightly negligent breaches of duty by legal representatives, executive employees or ordinary vicarious agents.

3. The above limitations of liability do not apply in the case of malice, in the case of bodily injury or personal injury, for the breach of guarantees, or for claims under product liability.

11 Warranty

(1) carsale24 does not warrant that your offering on carsale24.com is accessible and error-free at all times, in particular insofar as access is caused by disruptions outside carsale24’s sphere. The offering is provided without assurances and guarantees.

(2) If the offering is unavailable or in the event of other performance disruptions, the “Seller” can contact customer service by telephone on 0212 – 520 877 60.

(3) carsale24 does not warrant the accuracy of the content of the condition report and does not guarantee that the content is free of errors, in particular that the factual findings, assessments and the value of the motor vehicle stated in the report are correct. Liability for the accuracy of the content of the condition report is expressly excluded.

12 Termination

“Sellers” can terminate the usage contract at any time. For termination, a notification by email to customer service at the email address support@carsale24.com is sufficient. Termination can also be made by post to: carmoto tectum GmbH, Schopenstehl 20, 20095 Hamburg. The termination is confirmed by carsale24 by email.

13 Data protection

(1) Through the “privacy policy”, carsale24 provides information on:

• the nature, scope, duration and purpose of the collection, processing and use of the personal data required for contract performance and billing;

• the “Seller’s” right to object to the creation and use of their anonymised usage profile for advertising, market research and needs-based design;

• the passing on of data to commissioned companies obliged to observe data protection for the purpose of credit checks and dispatch of goods;

• the right to free information;

• the right to rectification, erasure and blocking.

(2) The collection, processing and use of personal data for marketing purposes requires the consent of the “Seller” or “Dealer”. Both can withdraw this consent (see “data-protection consent”).

14 Severability clause

Should a provision of these terms and conditions be or become invalid, the legal validity of the remaining provisions remains unaffected. In place of the invalid provision, a valid provision that comes economically closest to what the parties intended is deemed to be agreed.

15 Applicable law

The terms are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

16 Place of jurisdiction

If the “Seller” is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Hamburg. The same applies if the “Seller” has no general place of jurisdiction in Germany or if their domicile or habitual residence is not known at the time the action is brought.

Version: 12.09.2022