General Terms and Conditions
General Terms and Conditions for use of the services of WebMobil24, Ico-International GmbH, Berner Str. 107, 60437 Frankfurt (“WebMobil24”)
Scope of validity
WebMobil24 allows private individuals and dealers to post private, free vehicle advertisements and allows potential buyers to search for offers within these ads. In addition, WebMobil24 offers a separate dealer area for commercial vehicle dealers. This can be expanded to cover more international locations and offers a range of additional functions.
The following conditions apply to use of the advertising market on webmobil24.de, and also offers the basis for all agreements made between private users (e.g. Consumers in the sense of Sec. 13 BGB – German Civil Code) and dealers (e.g. companies in the sense of Sec. 14 BGB) (hereinafter jointly referred to as “customers”) and WebMobil24 regarding the use of services offered by WebMobil24. The contractual partner for such agreements is Ico International GmbH, Berner Str. 107, 60437 Frankfurt (“WebMobil24”). By using the offered services, the customer declares that they will use the services in accordance with applicable law and these Terms and Conditions, in the version valid at the time of use.
WebMobil24 is entitled to amend these conditions if necessary due to developments that could not be foreseen at the time the contract was concluded, that are not within WebMobil24’s control, and that WebMobil24 did not initiate, in order to restore the equivalence that existed between the contractual parties when the contract was concluded, as long as this does not affect the primary regulatory content of the contract (such as the scope and type of contractually-owed services, termination). Amendments may also be made to these GTC if the parties experience difficulties in carrying out the contract due to gaps in these conditions, for instance if a clause is declared invalid by law. The customer will be informed in writing that the conditions have been amended 4 weeks before the change comes into effect. In such cases, the customer shall have a special right of termination. If the customer does not terminate the agreement within four weeks after receiving notification of the amendment, then the amendments shall be considered agreed. The customer shall be informed of this specifically in the change notification.
The contract between the customer and WebMobil24 for use of the web portal shall come about when the customer completes and sends in the registration form (entering their personal details, password, accepting these General Terms and Conditions by checking the box, etc.) and when a confirmation e-mail is sent by WebMobil24 to the e-mail address the customer provides.
The customer can identify any input errors before sending in the registration form and use the deletion and change functions to correct them at any time before submitting the form. The customer may conclude the contract in the language of the WebMobil24 portal. The customer can access these General Terms and Conditions through the home page of the web portal at any time, and may then print them out using the “Print function” on their web browser or save the website locally.
All required fields of the registration form must be filled out in order to complete registration.
The customer is obligated to provide current, complete and truthful information for their user account data, and to update this data promptly if there are any changes (for instance to their address).
Access to the web portal is personal, and is granted only to customers for their exclusive use. Customers must ensure that only they can use their user account. Customers must take appropriate measures to keep their passwords secret for this purpose, and must not disclose their passwords to third parties. Customers are obligated to inform WebMobil24 promptly if they become aware that their login details are being used by unauthorized parties, or that such use is possible because unauthorized persons have obtained their login details.
Customers must confirm that they own all rights to any images uploaded to their ads, and that these do not violate any third party rights. The customer has the sole responsibility for doing so, and shall release WebMobil24 from any third party claims.
The same applies to disclosing personal data.
Participation is free of charge for businesses and private individuals unless they use the service modules WebMobil24 offers. Commercial providers are obligated to identify themselves as businesses in their ads. Commercial providers shall only pay a monthly fee if they use the individual service modules. Use of these service modules is optional, and they may be booked in addition to free participation in the site. Costs are determined based on WebMobil24’s current valid pricing list.
WebMobil24 is entitled to increase prices at any time following written advance notification, with a notice period of 4 weeks. If prices are increased, commercial dealers have the right to terminate their agreements immediately.
Rights of use
Commercial customers who conclude a contract to use the dealer area of WebMobil24 shall be granted a simple, non-transferable right of use, without spatial restrictions – unless otherwise contractually agreed – for use of the WebMobil24 software for their own contractually agreed-upon use for the term agreed in their contract. No editing rights shall be granted.
All materials and content posted on WebMobil24, in particular texts, software, HTML/Java/Flash source codes, photos, videos, graphics, music and sounds, as well as databases, are copyright-protected both individually and as a collective. Customers are only allowed to download and use copyright-protected materials provided by WebMobil24 or third parties for contractual purposes, if permitted by law and by these General Terms and Conditions.
Customers may not, in particular, duplicate, copy, transfer, sell, publish, use commercially, transmit in any other manner in electronic or other form or data format, or use such materials commercially in any way. Use of any protected trademarks of WebMobil24 shall require prior express approval from WebMobil24.
Databases operated by WebMobil24 are copyright protected in accordance with Sections 108 et seqq. of the Copyright Act. Misuse of databases may be published with a fine or imprisonment under these regulations.
Advertisements are considered intellectual property. They may not be processed individually or as a group on other websites or in other media. Processing and using such advertisements in any kind of media shall require prior written approval from WebMobil24.
WebMobil24 is not involved in the relationship between the advertiser and the potential purchaser or purchaser, either as a broker, a party or as the representative of a party. Only the advertiser is responsible for the content of the advertisement. WebMobil24 is not obligated to review saved ads to determine whether they are legally valid. The customer must ensure that all content does not violate applicable law, in particular competition laws, trademark laws, the general personal rights of the individual or criminal law provisions. WebMobil24 is not able to review advertising content to determine if it is correct, nor to review the identities of advertisers. However, if WebMobil24 becomes aware of any legal violations, the customer is obligated to correct these promptly. In such cases, WebMobil24 reserves the right to delete all of the customer’s advertisements promptly, and to terminate the contract without notice. If a claim is made against the customer by a third party due to a legal violation, the customer must inform WebMobil24 of this promptly. The customer shall release WebMobil24 from all claims third parties could assert in conjunction with publishing the ad. This also applies to claims related to transmitted images and personal data (such as license plate numbers, vehicle identification numbers, etc.).
Legal Notice / provider designation
If a commercial vehicle provider registers and books the “International” service module, WebMobil24 will provide them with a separate, automatically-generated home page. The customer is solely responsible for the content of the home page. The following requirements must be observed, in order to fulfill general and statutory informational obligations under Sec. 5 of the Telemedia Act (TMG).
Service providers must have at least the following information directly available at all times and in an easy-to-find location for business-related telemedia services:
- The name and address under which they conduct their business, as well as the legal form and authorized representatives for legal entities.
- Information allowing interested parties to contact you quickly via electronic form and communicate with you directly, including an electronic mailing address,
- Information on the responsible supervising authority, if services are offered or provided as part of any work requiring an official license,
- The commercial register, association register, partnership register or trade association register into which you are entered, as well as your registry number.
- If you have a VAT identification number under Sec. 27a of the VAT Act or a business identification number under Sec. 139c of the Tax Code, this number. The commercial vehicle dealer must enter this data directly during registration in the registration forms provided. These forms can be modified or supplemented at any time in the dealer administration area. Commercial advertisers on WebMobil24 are solely responsible for ensuring these entries are complete and correct.
Any prospective buyer can send a quick inquiry to the vehicle dealer of their choice. Vehicle dealers undertake to comply with the principles of the Data Protection Notice included on the contact form. In particular, vehicle dealers undertake to use personal data of prospective buyers only for the purpose of processing their inquiries, and to delete said data after this purpose has been fulfilled. Furthermore, vehicle dealers undertake not to transmit the data to third parties or use it for any other purpose, and to provide prospective buyers information on saved data at any time upon request, as well as to rectify, block or delete this data upon request by a data subject.
Vehicle dealers consent that their location information (mailing address) may be transmitted to external service providers in order to display maps and location information in ads. These service providers may be located outside of the European Union. Dealers may revoke their consent at any time by contacting the WebMobil24 customer service.
WebMobil24 shall pay compensation for damages for any legal reason
- irrespective of the amount of damages, for damages caused by malfeasance or gross negligence on the part of their statutory representatives or executive employees or WebMobil24, or due to severe culpability by the organization,
- for a limited amount of damages that were typical for the contract and that were foreseeable (the latter applies only to companies in the sense of Sec. 14 BGB), for damages caused by the culpable violation of significant contractual obligations (called cardinal obligations, the fulfillment of which facilitate implementation of the contract and which the contractual partner should regularly expect should be fulfilled), or for damages caused by the agents of WebMobil24 in a grossly negligent or intentional manner, without violating any cardinal contractual obligations.
Liability for simple negligence (including for remote consequential damages) in individual claims is limited to an amount corresponding to the charge for the part of WebMobil24’s services resulting from the claim for damages. Such claims shall expire after one year. Liability for the absence of an agreed characteristic, for malice, or for personal injuries shall remain unaffected.
WebMobil24 shall accept no liability for network faults for which WebMobil24 is not responsible.
WebMobil24 shall be liable for lost data in accordance with the above paragraphs only if such a loss was unavoidable if the customer had taken appropriate measures to back up its data.
Liability shall not extend to interference with the contractual use of services provided by WebMobil24 if these were caused by improper or incorrect use by the customer.
WebMobil24 shall accept no liability for damages incurred because advertisements do not appear, or because they are abbreviated or falsified. WebMobil24 shall accept no liability for ensuring advertisements are deleted at a certain time. WebMobil24 only transmits information. Only the advertiser is liable for ensuring the published information is correct and legal. WebMobil24 expressly notes that it does not review the identities of its advertisers, in particular its private advertisers. WebMobil24 shall not be liable for damages caused by the misuse of transmitted data. WebMobil24 shall not be liable for damages caused by the transmission of data to other vehicle portals. If the advertiser transmits personal data, then the advertiser shall be liable for ensuring the data transmitted to WebMobil24 is legal. Exporting data to other vehicle portals is an additional free service WebMobil24 offers its customers. WebMobil24 has no liability to perform this service. WebMobil24 expressly declares that it accepts no liability for any data transferred incorrectly to other vehicle portals, or for any resulting damages.
WebMobil24 or third parties can create links to other websites or sources. WebMobil24 is not able to control such websites and sources, and is not responsible or liable for ensuring such external sites or sources are available. WebMobil24 accepts no responsibility for the content accessible on such websites or sources, and excludes any liability or guarantee for such information, unless the website is clearly aware that the content is illegal. Links, and in particular search results, are primarily generated through automated processes. Due to the large number of links and search results, there is no way for WebMobil24 employees to review them.
Duration of the right of use / termination
- The contractual relationship shall be concluded for an initial period of 12 months, and may be terminated at the end of the minimum term with a notice period of three months. If the contract is not terminated within this period, it shall be extended in each case by another 6 months. The notice period shall not change if the contract is extended.
- Furthermore, the customer can delete their user account and all the data it contains at any time, without providing grounds.
- If the customer violates significant provisions of these General Terms and Conditions, WebMobil24 is entitled to exclude the customer from further use of the web portal, with immediate effect.
- After WebMobil24 blocks the customer’s access to the website due to a violation of significant provisions of these General Terms and Conditions, the customer is only entitled to register for the web portal once again with the prior written approval of WebMobil24.
- WebMobil24 respects the privacy of its customers and complies with all applicable data protection regulations, in particular the TMG.
- WebMobil24 only uses personal data it collects or processes in the course of registration or in order to perform its services in accordance with the law. WebMobil24 only uses customer data to perform its respective services.
- Our data protection provisions apply.
The place of fulfillment and exclusive place of jurisdiction for all disputes arising from this contract is Frankfurt am Main, if the customer is a merchant. Only the law of the Federal Republic of Germany applies to all contracts concluded by WebMobil24 based on these General Terms and Conditions, excluding the United Nations Contract for the International Sale of Goods (CISG). If one or more of the above provisions is or becomes invalid, this shall not affect the validity of the remaining provisions. The relevant statutory provisions shall apply in place of the invalid provision.