§ 1 Scope, customer, contract language, delivery area, code of conduct
1.1 The following general terms and conditions (GTC) apply to all contracts concluded via the “CertifyCar” webshop for the brokerage of Europe-wide vehicle testing services. These GTC apply to all services between CertifyCar GmbH, represented by its managing director Marcus Zeißler, Frankenstrasse 152, 90461 Nuremberg, (- hereinafter “CertifyCar” -) and customers of CertifyCar GmbH.
1.2 Customers of CertifyCar within the meaning of these general terms and conditions are both consumers and entrepreneurs.
1.3 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed predominantly to their commercial or independent professional activity (cf. § 13 of the German Civil Code (BGB -Bürgerliches Gesetzbuch)).
1.4 Businessmen within the meaning of these general terms and conditions are natural persons or legal entities or partnerships with legal capacity who conclude a purchase contract with CertifyCar via the webshop and act in the exercise of their commercial or independent professional activity.
1.4 Businessmen within the meaning of these general terms and conditions are natural persons or legal entities or partnerships with legal capacity who conclude a purchase contract with CertifyCar via the webshop and act in the exercise of their commercial or independent professional activity.
1.6 The relevant language for the conclusion of the contract and for the execution of the contract is German. In the other active EU countries, the operation for the conclusion of the contract takes place in the respective national language.
1.7 The delivery area is limited to the EU countries in which we have so far been offering our services.
§ 2 Description of services
CertifyCar operates this Internet portal exclusively for the purpose of brokerage of testing services for vehicles across Germanyn and Europe, unless otherwise stated in the individual product description or below. CertifyCar works with selected and recognized experts. CertifyCar is thus able to provide services related to the professional testing of vehicles at fixed prices and conditions at the desired location in Germany / Europe. CertifyCar makes a selection from several service offers and presents them on the portal. The services to be brokered are described in detail and given a price. The final price for a test service to be booked is shown on the website before the order is placed as the total price (including the respective statutory VAT).
The used car valuation is sent to the client by email in his or her desired language and that of the interested party (if the vehicle is sold).
By initiating the test order, the customer acknowledges that the tests carried out here as part of the vehicle assessment do not replace a general inspection / TÜV inspection, operational safety and / or spare parts test or emissions test. Any repair or the replacement of wear parts that arise after the purchase decision, whether or not mentioned in the appraisal report, do not justify the customer’s claim to compensation or reimbursement of the remuneration for the preparation of the condition report / appraisal or other expert opinion. Special services requested by the customer can also be arranged on request. However, separate contractual provisions are required for this purpose. The technical parameters to be checked result exclusively from the respective sample protocol for the vehicle category and the selected test service. Additional test parameters must be agreed with CertifyCar and, if necessary, agreed upon for a fee. The on-site expert is not allowed to dismantle or dismantle any parts for the inspection of the vehicle. The condition assessment is based on visual and functional tests. If the assessment of a component is impossible due to obstructive local, temporal or factual circumstances (e.g. missing or occupied lifting platform despite previous agreements) for which the expert is not responsible, there will be no price reduction.
The vehicle can only be viewed on a lifting platform if one is available and free at the viewing location. If an underbody inspection is absolutely required by the client, he must ensure that there is an available lifting platform at the inspection location.
Likewise, a test drive with the vehicle to be viewed can only be carried out if the technical and insurance requirements are fully met. Otherwise this cannot be carried out by the expert. The same applies in the event that a test drive is refused by the seller or the vehicle is inaccessible.
Even if the aforementioned circumstances are applicable to the lift and test drive, there is no entitlement to a price reduction. The report / certificate will be continued in full to be sent to the client.
The services are carried out in accordance with the generally recognized rules of technology and in compliance with the regulations applicable at the time of the order confirmation – unless other permissible agreements are expressly made in writing.
§ 3 Conclusion of a purchase contract, order / purchase process
3.1 The online booking of the customer creates two contractual relationships: • A brokerage contract between the customer and CertifyCar GmbH • the brokered contract for the testing services of the customer’s vehicle with the partner agency.
The contract for the provision of Europe-wide vehicle testing services is concluded upon electronic order from the customer using the Internet order forms, both on the homepage and in the application, and the corresponding order confirmation from CertifyCar GmbH.
The customer’s electronic order is a binding offer and is generally accepted by CertifyCar after receipt and verification of the customer’s incoming payment. All important information regarding the inspection service is listed in the order confirmation. Immediately after the brokerage contract is concluded, CertifyCar contacts one of the experts or their on-site organization and sends the relevant order data from the customer or the vehicle. CertifyCar or its agent will, if technically feasible, send a vehicle expert to the customer on weekdays.(from monday – friday, without public holidays)
The certificate is usually sent to the client by email within 72 hours of the inspection. Only working days from Monday to Friday count here. Weekends and public holidays are excluded.
3.2 The contract with regard to the brokerage of Europe-wide testing services is concluded directly between the customer and CertifyCar.
Please immediately check the transmitted order confirmation for correctness in order to be able to point out any inaccuracies to the expert or CertifyCar. You should also ensure that your e-mail inbox is active and ready to receive and that the capacity of your e-mail inbox is sufficient for incoming e-mails at all times, so that you can find out about the incoming e-mails in good time. A late reference to inaccuracies or discrepancies in your booking cannot be taken into account by the expert after the start or completion of the test order and in particular does not entitle you to cancel the contract. The fulfillment of the mediating test services of vehicles as such does not constitute a performance obligation on the part of CertifyCar. The contracts with CertifyCar and the partner come into being regardless of whether the customer carries out his intended legal transaction with the vehicle to be tested or not. The services of CertifyCar and the partner are to be remunerated for by the customer in any case. With the completed inspection service and the payment of the contractually agreed remuneration, the two contractual relationships between CertifyCar and the partner with regard to the brokerage and between the customer and CertifyCar with regard to the inspection service are concluded.
§ 4 Storage of the contract data
4.1 The order data (customer data, article, quantity, price, date of purchase, shipping data, payment details, date and time of submission of the customer declarations) are electronically stored by CertifyCar for the period of the purchase process and sent to the customer by e-mail with these general terms and conditions including customer information and cancellation policy (including a sample form for a cancellation) as well as data protection declaration automatically sent by email after receipt of the order.
4.2 CertifyCar does not save a special contract text in addition to the order data sent by email or these terms and conditions. The respective item description contains the essential features of the service offered by CertifyCar. In addition, the customer can print out the details of his order using the print function of his e-mail client, web browser or by clicking on “Print” in the web shop.
§ 5 Prices, cancellation options / cancellation costs
5.1 All purchase prices can be retrieved directly from the brief overview of the respective offers in the web shop and include German sales tax and other price components; they include the CertifyCar brokerage fee and the fee for the inspection service, but without shipping costs, as our reports are sent by e-mail. Mail are sent, these do not apply.
5.2 Brokerage inquiries that are not sent to CertifyCar by the customer via the specially created Internet portal will also be processed. Brokering inquiries that are not sent by the customer via the specially created internet portal will also be processed. However, there is an additional processing fee of € 30.00 gross. Write us an email to info@certifycar.eu or call us on our hotline 0911 / 14898-751 during normal office hours. (Monday-Friday 8:00 a.m. – 7:00 p.m.)
The customer has the option to cancel the contractual relationship. The right to cancellation begins (after the customer’s right of withdrawal has expired) at the point in time at which CertifyCar provides the expert to the customer. If the customer exercises the right to cancel, he is obliged to pay a graduated cancellation fee. The same applies in the event that the customer’s vehicle to be tested can no longer be made available to the respective motor vehicle expert for testing. The amount of the cancellation fee is determined as follows:
If the expert has not yet driven to the vehicle, a flat-rate administrative fee of EUR 69 gross will be charged, which will be deducted from the refund.
If the expert is already on the way to the vehicle, the customer is obliged to pay the basic cancellation fee in the amount of: €120.00 gross, which mainly corresponds to a travel allowance. The same applies in the event that the vehicle to be inspected can no longer be made available to the respective vehicle expert (directly at the vehicle location, empty run), or if the customer provides an incorrect address for the inspection location when placing the order.
If you want to keep your test order in your personal report portal, there is no cancellation fee.
If the cancellation occurs at a point in time at which the expert has already started or has already completed his test order on the vehicle, the customer is obliged to pay the contractually agreed full remuneration.
§ 6 Cooperation
The Client guarantees that all necessary acts of cooperation on his part, on the part of his vicarious agents or third parties are carried out in good time and for CertifyCar.
Test objects, documents, construction documents, auxiliary materials, auxiliary staff, etc. required for the performance of the services must be provided free of charge.
In all other respects, the Customer’s cooperation must comply with the applicable legal provisions, standards, safety regulations and accident prevention regulations.
The Client shall bear any additional expenses incurred as a result of work having to be repeated or delayed due to late, incorrect or incomplete information or improper cooperation.
CertifyCar is also entitled to charge for these additional expenses if a fixed or maximum price has been agreed.
§ 7 Confidentiality
CertifyCar, its partners and its employees are, as far as legal requirements do not conflict with this, obliged to maintain secrecy about all facts that have come to their knowledge through contract negotiations and engagement. Copies (photocopies) may be made for CertifyCar’s files of written documents, drawings, plans, etc., which have been made available to CertifyCar for inspection and which are important for the contract negotiation or execution of the contract.
§ 8 Copyrights
Any copyrights and co-copyrights to the reports, test results, calculations, images, representations, etc. mediated / created by CertifyCar remain with CertifyCar. The client may only use expert opinions, test results, calculations, images, representations, etc. produced within the scope of the order for the purpose for which they are agreed upon.
§ 9 Billing of services
9.1 Payment is due as soon as the brokerage contract has been concluded between the customer and CertifyCar.
Payment shall be made online by credit card, PayPal or Bizum. The online data transfer is SSL-encrypted. If a payment is debited back, the customer is obliged to return the authorization documents (order confirmation) immediately and to reimburse the chargeback costs incurred by CertifyCar. Due to the acceleration principle necessary in this brokerage relationship, the customer has two options for processing when concluding the contract:
If the customer requests immediate mediation and processing of his order, he must confirm this when concluding the contract, pay the contractually agreed remuneration and CertifyCar will arrange the testing service and the respective commissioned expert will carry out the testing service. In this case, the customer waives the right of cancellation to which he is entitled in accordance with Section 6 of these General Terms and Conditions.
If the customer wishes to maintain the right of withdrawal to which he is entitled, the brokerage by CertifyCar will only be implemented after the withdrawal period has expired and the contractually agreed remuneration has been received. In this case the customer retains its right of withdrawal.
Note: CertifyCar is not liable in the event that the customer’s vehicle to be tested can no longer be purchased by the customer due to the waiting period. The brokered service / inspection service is generally only carried out by the expert when the customer’s payment has been credited. The delivery deadline for the test reports is non-binding, but is subject to internal monitoring. The deadline could be extended in the event of strikes, quality control and cases of force majeure. The same applies if the customer does not fulfill any obligations to cooperate. Compensation for late or non-delivery is excluded, unless CertifyCar is guilty of willful intent or gross negligence. Such limitation does not apply in the case of damage to body and health or loss of life of the customer that can be attributed to CertifyCar.
§ 10 Liability for Defects and Damage
Carrying out the activities does not guarantee the correctness (flawless quality) and functionality neither of the appraised or tested parts nor of the vehicle; In particular, no responsibility is assumed for the design, choice of materials and construction of the vehicles examined, unless these questions are expressly the subject of the order. In the case of test orders, CertifyCar is not responsible for the correctness or review of the regulations, standards, technical rules, programs on which their tests and assessments are based, unless otherwise expressly agreed in writing.
CertifyCar is not liable for the provision of the brokered services of the partner. CertifyCar is not liable for the fact that the success intended by the customer with the conclusion of the contract actually occurs. CertifyCar’s liability for breaches of contractual obligations as well as for tort is limited to intent and gross negligence. This does not apply to injury to life, body or health. CertifyCar is not liable for false statements / statements made by the seller with its products. CertifyCar assumes no guarantee for defects and damage to the tested vehicle, as CertifyCar only arranges the order for the partner. In the event of damage caused by their employees to the tested vehicle, the customer must agree on this with the partner. The same applies to any pecuniary damage suffered by the customer in the event of a controversial or incorrect market or repair cost assessment of the vehicle to be tested. However, should a liability case arise for which CertifyCar can be shown to be responsible, the amount of liability is limited to the agreed price for the inspection service.
§ 11 Dispute resolution
CertifyCar is voluntarily willing to comply with dispute settlement procedure at the competent consumer dispute resolution body. The Dispute Resolution Center for European Consumer Protection (Zentrum für Europäischen Verbraucherschutz e.V.) is responsible for consumer disputes with CertifyCar. Contact details of the competent dispute resolution body:
Zentrum für Europäischen Verbraucherschutz e.V. Bahnhofsplatz 3 77694 Kehl Telephone: +49 7851/991480 Email: mail@online-schlichter.de Internet: www.online-schlichter.de
(Dispute resolution in the area of electronic business transactions between entrepreneurs and consumers.) The European Commission provides a platform for online dispute resolution (OS). You can find the platform at: https://webgate.ec.europa.eu/odr/.
§ 12 Final provisions
The relationships between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany. This regulation also applies to the commissioning of our services from other EU countries. If the customer is a consumer (see § 1.3 of the present general terms and conditions), this choice of law only applies insofar as the protection granted by mandatory consumer protection provisions of the state in which the consumer has his habitual residence is not withdrawn.
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
If the customer is an entrepreneur, it is agreed that the place of performance is CertifyCar’s main place of business. If the customer, who is an entrepreneur, is also a merchant, the main place of business of CertifyCar is also agreed as the exclusive place of jurisdiction for any disputes arising from or in connection with the purchase contract. CertifyCar is also entitled to sue entrepreneurs at their general place of jurisdiction.
§ 13 Severability clause
Should any provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions. The statutory regulations take the place of the ineffective provision. In the event that no corresponding regulations can be found under applicable law, a substitute provision that corresponds to the purpose of the agreement or at least comes close to the purpose of the agreement applies here, as the parties would have agreed to achieve the same economic result if they had the ineffectiveness of the provision would have known. The same applies to gaps.
Nuremberg 07/2021