TERMS AND CONDITIONS

For the use of the auction platform www.dealcarprice.de
Effective as of: September 01, 2025

1. Scope

1.1 These Terms and Conditions (T&C) govern the use of the internet platform www.dealcarprice.de (hereinafter referred to as the “Platform”), operated by DEAL CAR PRICE GmbH (hereinafter referred to as the “Operator”).
1.2 Deviating or conflicting terms of the user shall only apply if the Operator has expressly agreed to them in writing.
1.3 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
1.4 If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction shall be the registered office of the Operator.

2. Definitions

User: Any natural or legal person using the Platform.
Private User: A user who offers vehicles not within the scope of a commercial activity.
Commercial User / Dealer: A user who offers vehicles within the scope of a commercial activity.
Seller: A user who lists a vehicle on the Platform.
Buyer: A user who intends to purchase a vehicle.
Platform: The online auction platform www.dealcarprice.de, which enables the listing of vehicle offers and the expression of interest in purchase.

3. Registration and User Account

3.1 Registration is required to use certain features. The data requested during registration must be complete, correct, and truthful.
3.2 The user must indicate whether they are a private or commercial provider.
3.3 Each user may only create one account; multiple registrations are not permitted.
3.4 User accounts are non-transferable.
3.5 The Operator may reject registrations without providing reasons, particularly if misuse is suspected.
3.6 Minors or otherwise legally incompetent persons are not permitted to register.
3.7 Users must promptly update any changes to their registration data in their account.

4. Services of the Operator

4.1 The Operator provides a Platform on which users can post vehicle listings and respond to listings.
4.2 The Operator does not become a contracting party to purchase agreements initiated or concluded via the Platform.
4.3 All claims arising from or in connection with a purchase agreement, in particular for defects, non-performance, or damages, must be asserted exclusively between the buyer and the seller. The Operator is fully excluded from this and assumes no warranty or liability for the fulfillment of such agreements.
4.4 The Operator has no influence on the content of listings and assumes no guarantee for their accuracy or completeness.
4.5 There is no entitlement to uninterrupted use. The Operator may carry out maintenance work that can restrict availability.

5. Auction Function, Bid Agent, and “Buy Now” Option

5.1 Auctions conducted via the Platform do not constitute public auctions within the meaning of § 156 BGB. Bids are legally non-binding purchase offers. A binding purchase agreement is only concluded once the seller expressly accepts the bid.
5.2 Users may use the bid agent to automatically place bids up to a predetermined maximum amount.
5.3 Bids (manual or automatic) are likewise non-binding and may be accepted or rejected by the seller.
5.4 After the auction ends, the seller is informed of the highest bid and may accept or reject it.
5.5 When using the “Buy Now” option, the buyer submits a non-binding purchase offer at the indicated fixed price.
5.6 The Operator is not liable for technical failures that result in bids not being recorded or being recorded late.

6. User Obligations

6.1 General Use

Users agree to use the Platform only in compliance with applicable laws and these T&C. Any unlawful, abusive, or manipulative use is prohibited.

6.2 Truthful Information

Users must provide complete and accurate information about the vehicle, ownership status, and listing content, in particular:

Date of first registration or year of manufacture,
Actual mileage,
Replacement engine (must be indicated and actual mileage disclosed).
Erroneous entries (e.g., typos, wrong category) must be corrected immediately

6.3 Disclosure of Damage

The condition of the vehicle must be disclosed, particularly:

Significant, unrepaired damage (e.g., engine, transmission, accident, fire, hail, water),
Mandatory labeling for vehicles sold as “for parts” or “non-roadworthy,”
Disclosure of known, repaired prior damages of non-negligible scope,
Indication if the sale is only for export or to commercial buyers.
Minor damages are excluded from this but must be specified in the notes field.

6.4 Listing Design

Only one vehicle per listing; no duplicate listings of the same vehicle in the same category.
Photos may only be used if the user holds all usage rights; they must reflect the actual condition of the vehicle.
Stock photos must be labeled as such.
Listings may not violate laws, public morals, or third-party rights.

6.5 Pricing

Prices must comply with the German Price Indication Regulation (PAngV), in particular:

Final price including VAT and all price components,
No misleading or obviously incorrect prices.

6.6 References and Contact Details

Links to external websites are only permitted if legally required or necessary for additional vehicle information (e.g., appraisals).
Phone numbers with premium-rate charges (e.g., 0900, 0180) are prohibited.

6.7 Data Backup

Users are solely responsible for backing up all information they access or store via the Platform.

6.8 Search and Data Access

Vehicles may only be searched via the provided search functions.
Technical circumvention (e.g., scraping, bots, data mining) is prohibited.
Platform content may not be extracted, reused, linked, or integrated into other websites.

6.9 System Abuse

Actions that impair or overload the operation or infrastructure of the Platform are prohibited.
Blocking, overwriting, or modifying Platform content is prohibited.

6.10 Keyword Spamming

Manipulating search results through false information, incorrect categories, or impermissible terms is prohibited. Keyword spamming (unrelated terms, hidden text, unauthorized brand use) is forbidden.

6.11 Indemnification

Users shall indemnify the Operator from all claims by third parties arising from violations of these T&C or applicable law, including the costs of necessary legal defense (court and attorney fees). This does not apply if the user is not responsible for the violation.

7. Ratings

7.1 The Platform includes a rating system allowing users to evaluate their contractual partners after a purchase.
7.2 Ratings must be factual and truthful.
7.3 The Operator may remove unlawful or improper ratings.
7.4 Ratings do not represent the opinion of the Operator.

8. Liability

8.1 Statutory Liability

The Operator is fully liable for damages caused by willful misconduct or gross negligence, as well as for damages resulting from injury to life, body, or health – also in cases of slight negligence.

8.2 Limited Liability for Slight Negligence

In the event of slightly negligent breaches of essential contractual obligations (cardinal obligations), the Operator is only liable for typical, foreseeable damages. Essential obligations are those whose fulfillment enables proper contract execution and upon which the user regularly relies.

8.3 Exclusion of Liability in All Other Cases

In all other cases, the Operator’s liability is excluded, in particular for:

The accuracy, completeness, and timeliness of user-provided content,
Damages arising from the conclusion or non-performance of purchase agreements between users,
Technical failures impairing the use of the Platform,
Damages from improper or abusive use of the Platform,
User violations of these T&C or applicable law, including incorrect vehicle information,
Damages from unauthorized use of the Platform by third parties, including minors,
Unauthorized access to user data, unless caused by willful misconduct or gross negligence of the Operator,
Compliance of listings with legal requirements,
Legal or economic disadvantages resulting from contracts being unenforceable under foreign law.

8.4 Force Majeure

The Operator is exempt from performance obligations if performance becomes impossible due to force majeure. Force majeure includes all unforeseeable events beyond the control of either party. This includes, in particular: lawful labor disputes (also in third-party companies), government actions, failures of communication networks and gateways of other operators, disruptions at line providers, and other technical disruptions – including subcontractors or suppliers. Users shall have no claims if failures are beyond the Operator’s responsibility.

9. Data Protection

The processing of personal data is carried out in accordance with our Privacy Policy available at: https://dealcarprice.de/documents/DATENSCHUTZ

10. Right of Withdrawal

10.1 Commercial Users
Commercial users have a statutory 14-day right of withdrawal for paid subscriptions, provided no services have yet been used. The withdrawal period begins on the day of contract conclusion.
10.2 Private Users
Private users do not have a statutory right of withdrawal for use of the Platform, as use is free of charge.
10.3 Expiry of the Right of Withdrawal for Digital Services
The right of withdrawal expires once the Operator has begun providing the digital service after the user has expressly agreed and confirmed that they thereby lose their right of withdrawal (§ 356 (5) BGB).
10.4 Exercising the Right of Withdrawal
To exercise the right of withdrawal, a clear declaration by e-mail to info@dealcarprice.de is sufficient. The declaration must be sent before the withdrawal period expires.

11. Terms of Use for Content

11.1 Grant of Rights
The user grants the Operator a worldwide, unlimited right to use all content uploaded to the Platform for display, publication, and distribution within the Platform.
11.2 Copyright and Third-Party Rights
Users may not upload content protected by copyright, trademark, or other rights unless they hold the necessary rights. The user warrants that they hold all required rights and that the content does not infringe third-party rights.
11.3 Deletion and Blocking
The Operator may delete or block content without prior notice if it violates these T&C, applicable law, or third-party rights.
11.4 Termination of Rights
Rights granted to the Operator expire when the user account is deleted, unless the content is needed to fulfill ongoing contractual obligations.
11.5 Copyright on Platform Content
All data, information, logos, texts, programs, images, listings, ratings, or other content accessible via the Platform may be protected by copyright. Any modification, processing, reproduction, or use in any media by third parties is prohibited without prior consent of the rights holder. Rights of the respective authors and participants remain unaffected.
11.6 Special Restrictions on Created Content
If users make use of tools or services provided via the Platform (e.g., for creating videos, images, or other content), such content may only be used outside their own listings with the prior written consent of the Operator.

12. Payment Processing and Security Measures

12.1 Independent Payment Processing
Payment for purchase contracts is carried out exclusively between buyer and seller. The Operator is neither a contracting party nor a payment service provider and assumes no responsibility for proper payment execution.
12.2 Recommendation of Secure Payment Methods
The Operator recommends using secure and established payment service providers. Selection and use are at the sole risk of the parties.
12.3 Exclusion of Liability for Payment Issues
The Operator is not liable for delays, failures, fraud, or other payment-related issues between buyer and seller. Claims must be asserted exclusively against the contractual partner.
12.4 Measures in Case of Default
In case of payment default regarding paid services of the Platform, the Operator may:

Charge reminder fees,
Temporarily block user access to the Platform, or
Terminate the contract for cause.

13. Contract Term and Automatic Renewal

13.1 Private Users
Use of the Platform is free of charge for private users. Private users may delete their accounts at any time without notice.
13.2 Commercial Users – Introductory Phase
For commercial users, use of the Platform is free of charge for the first three months from registration.
13.3 Commercial Users – Paid Use
After the introductory phase, subscription fees for commercial users are:

€99.00 plus VAT per month, or
€900.00 plus VAT per year.
13.4 Automatic Renewal
Monthly subscriptions automatically renew for an additional month unless terminated with one month’s notice prior to the end of the billing period.
13.5 Termination
Termination must be submitted in text form (e.g., by e-mail) to the Operator. Timely receipt by the Operator determines compliance with the notice period.

14. Dispute Resolution

The Operator is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 (1) No. 1 VSBG).

15. Language and Contractual Basis

For all legal relations between the Operator and users, only the German version of these T&C is binding. Any translations are provided solely for information purposes and are not legally binding.

16. Advertising and Marketing

16.1 Advertising on the Platform
The Operator is entitled to display advertising on the Platform in any lawful form. The type, scope, and placement of such advertising are at the Operator’s discretion.
16.2 Use of User Data for Advertising
User data will only be used for advertising purposes within the framework of statutory provisions and in accordance with the Operator’s Privacy Policy.

17. Restriction or Suspension of User Accounts

17.1 General Principles
User behavior and the content they upload may not violate laws, third-party rights (including the Internet Vehicle Trade Code of Conduct), or these T&C.
17.2 No General Monitoring Obligation
The Operator is not obligated to actively monitor or investigate user content for potential legal violations. However, the Operator reserves the right to review, block, or delete content at its discretion if violations are suspected and to take necessary measures to comply with legal requirements.
17.3 Prohibited Conduct
In particular, the following conduct is prohibited:

False or misleading information – incorrect details in listings or user profiles,
Misuse of the Platform – unauthorized or unethical use, e.g., repeated unserious bids,
Inappropriate communication – offensive, discriminatory, or harassing content toward other users,
Manipulation of ratings – providing false reviews or influencing the rating system,
Manipulation of bids or prices,
Violations of these T&C – any other breaches of these terms of use.
17.4 User Notification
The affected user will be notified prior to suspension, unless a serious violation requires immediate suspension.
17.5 Balancing of Interests
When deciding on measures, the Operator will consider the legitimate interests of the user, particularly whether the user is at fault.
17.6 Effect of Suspension
Once a user account has been suspended, the user is no longer entitled to use the Platform or to re-register.

18. Amendments to the T&C

Changes will be communicated at least 30 days before taking effect via e-mail or in the user account. If the user does not object within this period, the changes are deemed accepted.

For paying commercial users, changes to the T&C entitle them to terminate the contract without notice within 14 days of receiving the amendment notification. If no termination occurs, the amended conditions are deemed accepted.

19. Final Provisions

If individual provisions of these T&C are invalid, the validity of the remaining provisions shall not be affected.