General Terms and Conditions for the use of the platform caravanmarkt24.de

I. Scope

The General Terms and Conditions ("GTC") govern the use of the website www.caravanmarkt24.de.
These GTC come into force for all users upon their registration.
If changes are made to these T&Cs, existing users will be notified of the new T&Cs via the e-mail deposited during registration or the next time they visit the website caravanmarkt24.de. If they do not agree to the new GTC, their access to the website may be fully or partially restricted.

II. Use of the platform

P&O Autoauktionen GmbH, with its registered office at Zossener Str. 8 in 10961 Berlin, HRB 227292 B Berlin Local Court ("Operator"), provides under the Internet address www.caravanmarkt24.de a mediation platform (hereinafter "platform") for the sale of used and new vehicles, in particular motor homes, caravans and similar vehicles available.
The operator is with the provision of the platform only mediating. The operator itself does not offer vehicles for sale and in particular does not become a contractual partner of the purchase contracts concluded exclusively between the users of this platform.
The operator guarantees the operational readiness of the platform in accordance with the provisions of these GTC. If an unforeseen system failure (which is understood to be a malfunction of the platform that results in the inability to place bids) impedes the use of the platform, the users will be informed about it as soon as possible. Ends auctions during a system outage, all auctions will be extended by 24 hours, which expire during or in the hour after the termination of the system outage.
Adaptations, changes and additions to the contractual platform as well as measures that serve to determine and remedy malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
The monitoring of the basic functions of the platform is carried out daily. Monitoring of the functioning of the platform is basically guaranteed from Monday to Friday 09:00 - 17:00. In case of serious errors - the use of the platform is no longer possible or seriously restricted - maintenance is carried out within 48 hours from knowledge or information by the operator.
The operator is entitled to temporarily restrict its services if this is necessary for the (improved) functionality, security and/or adaptation of the platform ("maintenance work"). As far as possible, maintenance work and the expected duration will be announced at least 3 days before its implementation.
Only commercial used and new vehicle dealers, especially those specializing in the motor home and caravan market, are eligible to register as buyers. The status as a vehicle dealer must be proven by appropriate documentation (e.g. business registration). The operator will check the admissibility of a registration on the basis of the submitted documents and data and in a positive case will activate the registration. However, a claim to activation does not exist.
All those who wish to place used or new motorhomes or caravans or similar vehicles for sale on the platform are eligible to register as a seller.
The data requested during registration must be provided completely and correctly. If these data change in the course of time, the user is obliged to update the information without delay.
With the registration and the activation of the user account, a contract on the use of the offer is concluded between the operator and the user. Both the operator and the users can terminate this contract of use at any time with a notice period of 14 days.

III. Registration, blocking and termination of the user account

The use of the platform requires the registration and login as a user.
Only commercial used and new vehicle dealers, in particular those specializing in the motor home and caravan market, hereinafter referred to as "Buyers", "Bidders" or "Highest Bidders", are eligible to register as Buyers. The status as a vehicle dealer must be proven by appropriate documentation (e.g. business registration). The operator will check the admissibility of a registration on the basis of the submitted documents and data and in a positive case will activate the registration. A claim for activation does not exist. The operator will not grant consumers or other traders who have no relation to the vehicle trade, access to bidding.
All those who wish to place used or new motorhomes or caravans or similar vehicles for sale on the platform, hereinafter referred to as "sellers", are eligible to register as a seller.
The data requested during registration must be provided completely and correctly. If these data change in the course of time, the user is obliged to update the information before participating in an auction.
With the registration and the activation of the user account, a contract on the use of the platform is concluded between the operator and the user.
The operator can take measures such as blocking a user if there are indications that a user violates legal regulations, third party rights or these GTC. In particular, the Operator may take measures if there are indications that a User is attempting to circumvent the auction, e.g. by trying to obtain the contact details of a Buyer or Seller in order to conduct a transaction outside the platform. If a buyer repeatedly defaults on the payment of commission invoices to the operator, the operator reserves the right to block a user account temporarily or permanently.
Both the operator and the users can terminate this user agreement at any time with a notice period of 7 days. After declared termination, the possibility to place new sale advertisements or to bid on such expires.

IV. Online Listing

Vendors are entitled to post used or new motorhomes or caravans or similar vehicles for sale on the Platform ("Sale Listing"). A Seller has the opportunity to offer his vehicle for sale to a wide range of buyers from professional dealers in an online auction. A sales advertisement is created by the seller himself and is to be designed according to the binding specifications on the platform.
A seller can post as many vehicles as he likes. Each vehicle corresponds to an auction or a sale advertisement.
The seller is solely responsible for the content of the sale advertisement. The seller is obliged to create his sales advertisement truthfully and completely. In particular, information that may be of importance for the purchase decision of possible buyers (e.g. defects, missing documents, etc.) must be included. If the seller is already known when creating the advertisement that a transfer of the vehicle is not possible in deviation from § VII Abs.1 within 10 days after award of contract, the seller must specify the earliest possible transfer when creating the sales advertisement.
Changes are no longer possible after publication of the sales advertisement in principle. If changes are necessary due to incorrect information, the seller must immediately contact the operator. The operator will check these changes and then adjust them in the sale advertisement if necessary, provided that they appear relevant and legitimate for the possible purchase decision. The operator will inform the group of bidders about this as soon as possible, taking into account the usual business hours (Monday to Friday from 9 a.m. to 6 p.m.). The highest bidder (buyer) is entitled to revoke or confirm his bid due to the change. If the highest bidder revokes his bid or does not confirm his bid within 24 hours after notification, the auction will be restarted and all previously submitted bids will be deleted in order to protect the legitimate interest of all users and to maintain fair competition.
The operator is entitled to technically edit the sales advertisements and other content of users so that they can also be displayed on mobile devices.
The operator is entitled to place an advertisement of the seller for the purpose of sales promotion also on other online sales portals and social networks such as LinkedIn or similar. Any costs incurred for this shall be borne by the operator.
Sales advertisements published on the platform and other content of users do not represent the opinion of the operator. The sales advertisements are checked cursorily by the operator for completeness and obvious misstatements prior to their publication. This is done primarily on the basis of the registration certificate part 1 to be uploaded and, if necessary, the written collection of essential information (by e-mail) from the seller. If the registration certificate part 1 is missing, a sales advertisement will not be activated. The operator is entitled to refuse the publication of a sales advertisement at his own discretion and without giving reasons or to make it dependent on the seller adjusting it beforehand according to the operator's specifications. The review of a sale advertisement by the operator does not lead to liability of the operator for its content.
A sale advertisement is created by the seller himself and is to be designed according to the binding specifications on the platform.
A seller can post as many vehicles as he likes. Each vehicle corresponds to an auction or a sales advertisement.
The seller is solely responsible for the content of the advertisement. The seller assures the accuracy and completeness of the information. The seller is obliged to create his advertisement truthfully. Changes are not possible after the advertisement has been published. However, if changes are necessary due to incorrect information, the seller must immediately contact the operator. The operator will check these changes and then adjust them in the advertisement if necessary, provided that they seem important and legitimate. The operator will inform the group of bidders about this in time. If late, subsequent changes result in advantages or disadvantages for bidders or sellers, the operator must restart the auction and delete all previously submitted bids in order to protect the legitimate interest of all users and maintain fair competition.
The seller undertakes to sell his vehicle at the minimum sales price determined by himself, as soon as this is at least reached or exceeded in the auction by a bid of a bidder.
The seller undertakes to provide ownership of the sold vehicle to the buyer no later than 10 days from the awarded bid. The procurement of the property takes place by the delivery of the vehicle with all associated documents, in particular registration certificate part I and part II as well as all existing vehicle keys. The parties may agree on a different period.
If a buyer finally cannot accept the vehicle because the seller has sold it elsewhere to a third party despite the successful knockdown and thus can no longer procure ownership, the operator is not liable for this case.

V. Procedure of the online auction, binding declarations and conclusion of contract

With the placement of the sale advertisement and after its publication (activation) by the operator, an online auction ("Auction") begins in accordance with this section.
The auction is not an auction in the sense of § 156 BGB. From a legal point of view, contracts of sale can be concluded between the seller and the buyer by offer and acceptance in accordance with §§ 145 ff. BGB and in accordance with the following provisions.
If a seller places an advertisement for sale, this constitutes a binding offer. The offer is directed to the highest bidding buyer who has bid at least the specified minimum sale price within the bidding period of the auction. The seller must set a binding minimum sale price. The seller may also choose whether the advertised vehicle can be purchased at the minimum sales price specified by the seller by means of an immediate purchase (see paragraph 15 of this section). The term of the auction and the activation of the buy-it-now option are determined in connection with the cursory examination of the advertisement by the operator.
If the sales advertisement is activated and the auction has begun, changes to this are basically no longer possible. In addition, this § IV para 4.
A seller has in principle no claim to a premature termination of an already running auction or a shortening or extension thereof. In individual cases, the operator may terminate an auction prematurely if the seller has presented special circumstances that make premature termination necessary. If at the moment of checking the shortening, extension, or termination requirement has already been a bid on the current auction of the seller, a shortening, extension or early termination is excluded.
The seller is not allowed to sell the discontinued vehicle otherwise or to sell in the meantime, as long as it is in the auction or the "online renegotiation phase" (see § VI).
A buyer can bid on sales advertisements in the auction. This is a binding declaration of intent, which is valid until the expiry of the online auction. An existing bid expires if a higher bid is placed until the expiration of the online auction. The highest bid until the expiry of the bidding period is the declaration of acceptance within the meaning of §§ 147 ff.BGB, provided that at least the minimum selling price has been reached. If it is the highest bid and the minimum selling price has not been reached, the offer for the first phase or first round of online renegotiation (see § VI) continues.
A buyer may submit an unlimited number of binding bids (so called "direct bids") during the term of an online auction for a particular vehicle. If the bidder submits more than one bid (direct bid) for the same vehicle, only the highest bid (direct bid) will be considered.
In addition to a fixed bid (direct bid), the buyer can also submit a maximum bid during an auction, which is executed via a programmed bidding agent. Based on the fixed bid (direct bid) of the buyer, the bidding agent will outbid bids of other buyers on this sale advertisement by € 100.00 each until the maximum bid specified by the buyer is reached. For clarification: If the buyer bids an amount of € 20,000 by direct bid and a maximum amount of € 25,000 by bidding agent, the bidding agent will outbid all bids of other buyers from € 20,100 up to € 24,900 by € 100 each, up to a maximum of € 25,000, during the term of the sale advertisement. This applies accordingly in the event that several buyers have placed maximum bids via bidding agents on the same sale advertisement. The maximum bid remains hidden from other users.
Bid increments are in € 100 steps.
A bid of a bidder can be deleted by the operator only if it was obviously incorrectly submitted (eg the bid was accidentally submitted by a number too much, so for example instead of € 50,000 € 500,000 were offered). A claim of the bidder to the deletion of an incorrect bid by the operator, however, does not exist.
The last 30 seconds of each auction are called the "hot bid phase". During the hot-bid phase, each time a new bid is placed, the last 30 seconds will restart and continue until the last bid is placed. If no bid is placed during the hot-bid phase, the auction ends with the expiration of the specified term and the bidding phase is over.
With the expiration of the auction (after the end of the regular bidding period), a binding contract for the purchase or sale of the advertised vehicle is concluded between the seller and the highest bidder, insofar as the latter has submitted a bid in the amount of the minimum sales price or above ("award of contract"). For the rest, the parties waive separate declarations in this regard.
Departing from paragraph 14 of this section, an auction by a so-called "Buy it now" is ended prematurely before the end of the regular bidding period, if a bidder buys a vehicle within the regular bidding period by "Buy it now" option (corresponding button). The buy-it-now option for a bidder expires as soon as a direct bid or a bid via bidding agent has been placed on this auction during the regular bidding period. If an immediate purchase is made, a binding contract for the purchase or sale of the advertised vehicle is concluded between the seller and the "immediate" buyer. In all other respects, the parties shall refrain from making separate declarations in this regard. The regulations, which are bound to the award of the contract, apply accordingly to the immediate purchase.
With the award of the contract, a purchase contract is automatically generated via the platform, the provisions of which are authoritative and binding for both parties.
If, after the auction has expired, the highest bid is below the required minimum selling price of the seller, then initially no contract has been concluded.

VI. online renegotiation / new advertisement

If in the sense of the preceding paragraph with the expiry of the auction no contract has been concluded, an "online renegotiation" follows. In the context of an online renegotiation, the seller and the highest bidder have the voluntary opportunity to agree on price yet.
This renegotiation runs exclusively online via the platform.
If the minimum selling price of an auction has not been reached, the last highest bid will be transmitted electronically to the seller via the platform with the expiration of the auction and thus the online renegotiation will be initiated automatically.
The seller can accept or reject this highest bid or submit a "counter offer". For this purpose, the platform sets him a fixed deadline, which expires at 10 pm of the day on which the auction expires. This deadline can be extended by the operator until 10 p.m. of the following day at the latest (working days only) if the seller can present special circumstances for this. A claim for extension of the deadline, however, does not exist.
A possible counteroffer of the seller may not be higher than its previously established minimum selling price.
The highest bidder will be informed by the platform with the expiration of the auction that he was the highest bidder, the minimum sale price set by the seller was not reached and the online renegotiation was initiated with his last highest bid.
If the seller then sends a counteroffer in accordance with subsection 4 of this paragraph, the highest bidder may accept this new counteroffer, reject it or submit a new counteroffer in turn. A "counteroffer" by a seller or highest bidder is binding and valid until 12 noon of the following business day. This paragraph applies to all counter-offers that sellers or highest bidders transmit electronically via the platform.
A counter-offer sent cannot be withdrawn and is binding until the expiry of the respective deadline.
In the online renegotiation, the parties can renegotiate via the portal until a price has been found at which both parties agree to the transaction or until one party rejects the last counteroffer present. With the acceptance of the last counter-offer submitted in the renegotiation, a binding contract is concluded. However, if a party rejects an existing counter-offer or if the designated period expires without a reaction, the online renegotiation has failed and no contract is concluded.
If an online renegotiation has failed or if an auction has ended without any bidding during the regular bidding period, the seller is entitled to re-advertise his vehicle on the platform free of charge up to three additional times ("new advertisement"). If the seller wishes to conduct a new auction, the minimum selling price from the previous auction must be reduced by at least 5%. A claim to new auction rounds does not exist, an activation takes place according to the operator.

VII. Vehicle handover, purchase price payment

The seller is obliged to provide the buyer with ownership of the sold vehicle within 10 days from the date of the award of the bid. The Buyer undertakes to collect the purchased vehicle from the Seller himself or to have it collected within 10 days from the date of acceptance of the bid. Ownership shall be procured by handing over the vehicle with all associated documents, in particular registration certificate Part I and Part II as well as all existing vehicle keys. If the seller is already aware that a handover of the vehicle in deviation from S.1 of this paragraph is not possible until 10 days after the award of the contract, the seller must specify the earliest possible handover when preparing the sale advertisement.
The parties may, notwithstanding para. 1 of this paragraph another period for the procurement of ownership agree.
If the vehicle or the registration certificate Part II, for example. due to a current financing / leasing is not in the ownership of the seller, the seller shall, at the latest with the handover of the vehicle, a written proof of the secured party, which shows where the purchase price (in whole or in part) is to be paid, so that the secured party sends the registration certificate Part II to the buyer.
The operator recommends the buyer to check the auctioned vehicle before payment (basically on site at the seller).
The buyer agrees to pay the vehicle in full before or at the latest upon collection. The method of payment (cash, bank transfer) agree the parties. A payment of the vehicle only after collection is excluded.

VIII. Costs for buyer and seller, brokerage commission, invoicing

The use of the platform is free of charge for buyer and seller in principle.
A seller does not pay any fees, commissions or other costs, regardless of whether his vehicle is auctioned or not.
A buyer pays a commission for the brokerage of a vehicle to the operator after winning the bid. The commission is 1.5% net plus the currently applicable VAT from the hammer price. The minimum commission is 300 € net, the maximum commission is 2,000 € net.
With successful knockdown, an electronic invoice is generated automatically. Buyer acknowledges that each invoice will be provided electronically only, Buyer will not receive a paper invoice. The invoice can be accessed online at any time.
The commission is due for payment within 3 days after delivery of the vehicle. Seller and buyer undertake to inform the operator of the successful handover.
The claim of the operator to the commission expires with an effective withdrawal of one of the parties from the contract. Excluded from this is the withdrawal of the seller from the contract due to a culpable breach of duty by the buyer or the withdrawal of the buyer due to a culpable breach of duty by the buyer.

IX. Warranty and liability of the seller, rights of withdrawal

The advertised vehicle is sold under exclusion of liability for defects in quality and title, for defects in digital products as well as in goods with digital elements, unless otherwise agreed or highlighted in this clause.
The above disclaimer does not apply to:
1. express written warranties of the seller,
2. damages based on an intentional or grossly negligent breach of duty by the seller or its agents,
3. damages due to culpable breach of essential contractual obligations (essential contractual obligations are understood to be those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely), whereby the liability in this case is limited to the amount of the typically foreseeable damage and/or
4. for damages resulting from injury to life, limb or health.
Buyer and seller are entitled to rescind the contract if the inspection or inspection on site at the seller, ie when handing over the vehicle, a deviation of the actual condition (corresponds to the binding information of the seller from the sales advertisement) from the target condition (corresponds to the actual condition on site after inspection by the buyer) turns out, for the elimination of which or. Production of the proper condition would require an effort that accounts for at least 1% of the selling price and if the parties do not find an agreement on an adjusted or lower purchase price by mutual consent (in a renegotiation "on site").
The buyer is entitled to withdraw from the contract if the seller fails to fulfill its obligation to procure the property neither within the agreed period nor within a reasonable grace period to be set by the buyer.
The seller is entitled to withdraw from the contract if the buyer meets his obligation to pick up and take over the vehicle and to pay the purchase price neither within the agreed period nor within a reasonable grace period to be set by the seller.

X. Liability by the operator

The seller is exclusively liable for the content and legality of an advertisement.
The operator is not liable for the fulfillment of mutual obligations from concluded sales contracts.
The operator is liable to the parties in case of intent and gross negligence without limitation, for slight negligence, however, only in case of breach of cardinal obligations (i.e. such contractual obligations, the fulfillment of which have enabled the proper execution of the respective contract in the first place and on whose compliance the seller or buyer or third party regularly relies and may rely). Liability in the event of a breach of such a cardinal obligation is limited to the damage typical for the contract, the occurrence of which the operator had to expect at the time of conclusion of the contract due to the circumstances known at that time. Otherwise, liability is excluded.
The above limitations of liability also apply to the benefit of the operator's agents.
The above limitations of liability of this section do not apply to damages resulting from injury to life, body or health, which are based on a negligent breach of duty of the operator or an intentional or negligent breach of duty of a legal representative or agent of the operator. The limitations of liability also do not apply if the operator has fraudulently concealed a defect or has assumed a guarantee for the condition of a vehicle and for claims of the operator under the Product Liability Act.

XI. Final provisions

Should any provision of these GTC be or become void in whole or in part, the validity of the remaining provisions shall not be affected thereby. The same shall apply in the event that a loophole is found in these GTC. In place of the invalid provision or to fill the gap, the valid and enforceable provision shall be deemed to have been agreed which comes closest in legal and economic terms to what the contracting parties intended or would have intended in accordance with the meaning and purpose of these GTC if they had considered this point when concluding the contract. If the invalidity of a provision is based on a measure of performance specified therein (for example, the time, the deadline or a date), the provision shall be reconciled with a legally permissible measure that comes closest to the original measure.
These GTC, the contract on the use of the platform as well as the purchase contracts concluded between seller and buyer via the platform are subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the rules of private international law.
For disputes between the operator and users is Berlin jurisdiction, unless the user is a consumer. The operator is entitled to sue the buyer also at his place of business.

As of 22.08.2022

Purchase Agreement (Sample)

Interim

[Seller's data / information]

in the following "Vendor"

and

[buyer's data / information]

hereafter referred to as "Buyer"

Seller and Buyer hereinafter also jointly referred to as "Parties"

[date of knockdown]

I contract of sale

The seller has on the platform caravanmarkt24.de (hereinafter referred to as "Operator") his vehicle with the binding information according to Annex 1 advertised.
The buyer has acquired the vehicle at a purchase or hammer price in the amount of € [hammer price].

II Vehicle handover, purchase price payment

The seller is obliged to provide the buyer with ownership of the sold vehicle within 10 days from the award of the contract. The Buyer undertakes to collect the purchased vehicle from the Seller himself or to have it collected within 10 days after the award of the contract. Ownership shall be procured by handing over the vehicle with all associated documents, in particular registration certificate Part I and Part II as well as all existing vehicle keys. If the seller has already indicated in the sale advertisement in accordance with Annex 1 a different handover (more than 10 days from the award of the contract), then this period applies to the procurement of ownership.
The parties may agree on a different period for the procurement of ownership.
If the vehicle or the registration certificate Part II, for example. due to a current financing / leasing is not in the ownership of the seller, the seller shall, at the latest with the handover of the vehicle, a written proof of the secured party, which shows where the purchase price (in whole or in part) is to be paid, so that the secured party sends the registration certificate Part II to the buyer.
The operator recommends the buyer to check the auctioned vehicle before payment (basically on site at the seller).
The buyer agrees to pay the vehicle in full before or at the latest upon collection. The method of payment (cash, bank transfer) agree the parties. A payment of the vehicle only after collection is excluded.
As far as not yet done by the seller, the buyer is obliged to deregister the vehicle immediately, no later than 7 working days after receipt of the registration certificates Part I and II.

III Warranty and liability of the seller, rights of withdrawal

The vehicle is sold under exclusion of liability for defects in quality and title, for defects in digital products and goods with digital elements.
The above disclaimer does not apply to:
1. express written warranties of the seller,
2. damages based on an intentional or grossly negligent breach of duty by the seller or its agents,
3. damages due to culpable breach of essential contractual obligations (essential contractual obligations are understood to be those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely), whereby liability in this case is limited to the amount of the typically foreseeable damage and/or
4. for damages resulting from injury to life, limb or health.
Buyer and seller are entitled to rescind the contract if during the inspection or. The buyer and the seller are entitled to withdraw from the contract if, during the inspection or inspection on site at the seller, i.e. when the vehicle is handed over, a deviation of the actual condition (corresponds to the binding information of the seller from the sales advertisement) from the target condition (corresponds to the actual condition on site after inspection by the buyer) is found, for the elimination or production of the proper condition of which an effort would be required, which amounts to at least 1% of the sales price and if the parties do not reach an agreement on an adjusted or lower purchase price. lower purchase price can not be found by mutual agreement (renegotiation "on the spot").
The buyer is entitled to rescind the contract if the seller fails to fulfill its obligation to provide the property neither within the agreed period nor within a reasonable grace period to be set by the buyer.
The seller is entitled to withdraw from the contract if the buyer meets his obligation to pick up and take over the vehicle and to pay the purchase price neither within the agreed period nor within a reasonable grace period to be set by the seller.

Confirmation of handover

The seller confirms to have received the full purchase price in cash/non-cash itself or to a third party account specified by it.
The Buyer confirms to have inspected the vehicle and to have found it to be in conformity with the contract and the agreement.
The Buyer confirms to have received all related resp. available documents and keys from the seller to have received.
The buyer confirms the takeover of the vehicle.

As of 22.08.2022