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Terms of Service
Thank you for choosing CARFAX Europe GmbH.
These General Terms and Conditions (GTC) apply to all contracts between CARFAX Europe GmbH (CARFAX) and consumers or entrepreneurs that are concluded on our website www.carfax.eu and that enable access to CARFAX used vehicle histories.
Consumers are defined in Section 13 of the German Civil Code, i.e. any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor professional (hereinafter referred to as "customer"). An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (hereinafter referred to as "business customer").
If you do not agree to all of the following conditions, you may not create a CARFAX account and / or access and / or use the website or parts of the CARFAX services. Please read this document carefully. It contains important information about your rights and obligations, as well as the restrictions and exclusions that apply to you.
1 Conclusion of the contract and validity of the credit
1.1 Conclusion of the contract The following applies to customers and business customers: The descriptions of the services available on the CARFAX website do not constitute a binding offer. With the order, a binding offer to conclude a contract is made.
By clicking the "Buy now" button, you are placing a binding order for the selected package. We will confirm receipt of your order by e-mail immediately after submitting the order. A binding contract is concluded upon receipt of the order confirmation, which at the same time represents the order confirmation and contains the general terms and conditions as an attachment. The general terms and conditions can be called up at any time.
1.2 Validity of the credit The purchased credit is valid for a maximum of 4 years. After that it will automatically expire. The period ends four (4) years after purchase.
2 License and scope of services
2.1 In the event of the purchase of access to CARFAX used vehicle histories, CARFAX hereby grants a limited, non-transferable and non-exclusive license to access and use the information contained in this report for personal purposes if it is a customer and for commercial purposes if you are a business customer.
2.2 Commercial purposes (permitted commercial use) are the actual or intended purchase of used vehicles for sale to third parties, as well as topics such as vehicle financing, the provision of insurance policies, the inspection and appraisal of vehicles. Additional commercial purposes, such as the advertising of vehicles by third parties using the CARFAX services, require the express consent of CARFAX. After CARFAX has accepted the order, as described in point 1, the following applies:
2.2.1 The CARFAX used vehicle history can be viewed for 30 days. During this period there is unrestricted access to the CARFAX used vehicle history, including all data updates. After the automatic process, the access can be renewed at any time.
2.2.2 Access to a CARFAX used vehicle history is not available in the event of force majeure and other circumstances beyond CARFAX's control, as well as malfunctions or maintenance of the system.
2.3 The customer or business customer acknowledges that CARFAX receives data from public institutions and other sources and uses it in its CARFAX used vehicle histories and that this data may contain errors and gaps. CARFAX therefore assumes no guarantee or warranty for the correctness or completeness of its CARFAX used vehicle histories.
The customer or business customer understands that not all data is available from all countries and that CARFAX does not have access to some data that may be available to other parties. The customer or business customer also understands that there can be a certain period of time between the receipt of certain data by CARFAX and the inclusion of this information in a CARFAX used vehicle history. The customer or business customer acknowledges that used car histories do not allow any conclusions to be drawn about the condition of a vehicle and the customer or business customer takes full responsibility for his / her decisions and transactions using CARFAX Used car histories takes over.
The customer or business customer acknowledges that CARFAX's only obligation in the event of incorrect information, if this has been communicated in writing by the customer or business customer and confirmed by an independent CARFAX data source, the the fastest possible correction of the data record in question. CARFAX does not guarantee that its used vehicle histories are complete or free of errors.
3 Access and Use Restrictions
CARFAX reserves the right to reject offers to conclude a contract or to exercise an extraordinary right of termination with a customer or business customer without prior notice if CARFAX is of the opinion that the used vehicle histories are being used in a way that is detrimental affects CARFAX as described below:
The customer or business customer may not sell, distribute, distribute, copy or publish the data or information that contains the used vehicle history, either in whole or in part. The resale and redistribution of CARFAX used vehicle histories, in whole or in part, is strictly prohibited.
The removal and reuse of all or a substantial part of the content of the CARFAX used vehicle history, neither qualitatively nor quantitatively, is not permitted. The repeated and systematic extraction and further use of insignificant parts of the content of the data set, which imply actions that conflict with normal use of the data set or inappropriately affect the legitimate interests of CARFAX, are not permitted. In particular, any automated access to the data record or its use, e.g. through screen scraping or comparable techniques, is not permitted. In the event that a customer or a business customer wants to make a CARFAX used vehicle history available to another party, the customer or business customer will refrain from doing the following:
a) Use CARFAX used vehicle history or information for unlawful purposes.
b) Make CARFAX used vehicle history or information available to any party for resale or remarketing in any way.
c) To pass on the CARFAX used vehicle history or information to motor vehicle manufacturers or their financing or leasing subsidiaries (except in the context of normal dealerships) or to advertising agencies of these motor vehicle manufacturers.
d) to replace, modify and / or redact labels, copyright notices and ownership information of the used vehicle histories of CARFAX and the associated documentation components.
e) Analyze any used vehicle history or information received from CARFAX.
The customer or business customer may not make an oral or written statement to a natural or legal person regarding CARFAX or a used vehicle history that does not comply with the provisions of this agreement and the information contained in the used vehicle history.
The customer or business customer acknowledges that no property rights are acquired by downloading or printing out the copyrighted material or by using the data provided by CARFAX.
For access to CARFAX used vehicle histories, fees are only charged if a valid vehicle identification number ("FIN / VIN") or a valid official vehicle registration number has been specified. In the case of invalid VIN / VINs, an error message is displayed and there are no fees. Access to a CARFAX used vehicle history will not be billed even if a valid VIN / VIN or a valid registration number is given, but no data is found. Subject to Section 6 below, it is not possible to return used vehicle histories once the service has been provided.
5 Billing and Payment
The customer or business customer can pay by credit card (e.g. MasterCard or Visa) or with country-specific payment methods. All fees, including VAT, are payable at the time the contract is concluded.
6 Right of withdrawal - only valid for customers
6.1 Cancellation policy - The following information applies to both the purchase of access to a single CARFAX used vehicle history and the purchase of access to CARFAX packages.
Right of withdrawal
Right of withdrawal You have the right to withdraw from this contract within 14 days without giving a reason.
The withdrawal period ends after 14 days from the day the contract was concluded. In order to exercise your right of withdrawal, you must send a clear declaration to us (CARFAX Europe GmbH, Lindwurmstraße 124, 80337 Munich, Fax: +49 (0) 89 540 4562 990, E-Mail: [email protected] (e.g. a mail sent letter, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form. However, this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification about the Exercise the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
If you have already used our services within the withdrawal period, you have to pay us a reasonable amount. In view of the total scope of the services provided for in the contract, this amount corresponds to the portion that has been provided up to the point in time at which you informed us of your exercise of the right of withdrawal with regard to this contract.
End of revocation
6.2 Exclusion of the right of withdrawal Pursuant to Section 356, Paragraph 4 of the German Civil Code, the aforementioned right of withdrawal expires in cases in which CARFAX has provided the service in full and has only started to perform the service after the customer has given his / her express consent granted and at the same time acknowledged that he / she would lose his / her right of withdrawal if CARFAX performed the contract in full.
6.3 Model withdrawal form
Model withdrawal form
(Only fill out and return this form if you want to cancel the contract.)
- To: CARFAX Europe GmbH, Lindwurmstrasse 124, 80337 Munich, Germany Fax: +49 (0) 89 540 4562 990 Email: [email protected]
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*),
Ordered on (*) / received on (*),
Name of the consumer (s),
Address of the consumer (s),
Signature of the consumer (s) (only if this form is sent in paper form),
Date __________ (*) Delete as appropriate.
7. CARFAX 30-day money-back guarantee (extended right of return)
7.1. In addition to the statutory 14-day right of withdrawal, CARFAX offers a subsequent 16-day money-back guarantee.
7.2 In the event of dissatisfaction and a corresponding complaint to [email protected], the purchase price for the starter offer will be reimbursed 100%. In the event of dissatisfaction and a corresponding complaint, 100% of the purchase price for the Advanced Package will be reimbursed if more than the credit for a CARFAX used vehicle history has already been redeemed. In the event of dissatisfaction and a corresponding complaint, 100% of the purchase price for the Professional Package will be reimbursed if more than the credit for two CARFAX used vehicle histories has already been redeemed.
7.3 You will receive a confirmation email from us once the refund has been initiated. If you paid by credit card, please check your bank statement. If you made your original payment with a card that has now expired or has been canceled, please contact your bank. Your refund will always be processed according to the original payment method and cannot be sent to a different card.
8 Injury and Liability
8.1 For customers The customer is liable for all fees (including all penalties or fees that may result from improper or unauthorized use of the customer account) resulting from the use of the account number (s) and the password / the passwords of the customer.
8.2 For business customers A business customer is also liable for all fees (including all penalties or fees resulting from improper or unauthorized use of the business customer account) arising from the use of the account number (s) and the password / the passwords of the business customer. The business customer ensures that only authorized representatives receive the user name and password for access to the CARFAX used vehicle histories.
In the event that a third party was culpably allowed to use a business account to access the CARFAX used vehicle histories, a contractual penalty of EUR 5,000 must be paid to CARFAX for each violation. In the event that a business account is used to resell information accessible via the account, a contractual penalty of EUR 5,000 must be paid to CARFAX for each violation.
Regardless of the contractual penalty, CARFAX is entitled to claim further damage. In this case, the contractual penalty will be offset against the claim for damages.
9 Limitation of Liability
CARFAX is liable as follows:
9.1 CARFAX is fully liable for intent and gross negligence as well as for damage resulting from injury to life, body or health.
9.2 In the case of slight negligence, CARFAX is only liable for the breach of an essential contractual obligation (“cardinal obligation)”. A "cardinal obligation" within the meaning of this provision is an obligation, the fulfillment of which enables the execution of this contract in the first place and on which the contractual partner can therefore regularly rely.
9.3 Liability according to Section 9.2 above is limited to typical, foreseeable damage.
9.4 The limitation of liability also applies mutatis mutandis in favor of the employees, representatives and vicarious agents of CARFAX.
9.5 Any liability on the part of CARFAX for claims under the Product Liability Act remains unaffected.
10 ownership (applies to business customers)
The business customer acknowledges that the website and all services contain copyrighted material, trademarks and other proprietary information. The services, including the content and organization, layout, arrangement and design elements of the website and each individual page of the website, as well as all intellectual property relating directly or indirectly to the services, including but not limited to patents , Design rights, copyrights, trademarks, service marks, database rights (including but not limited to information provided by the Business Client), trade secrets, know-how and all work derived therefrom (collectively "Intellectual Property") are and will remain property by CARFAX and are protected by international copyright, trademark and other applicable intellectual property laws.
A business customer may in no way attempt to acquire a right, title or interest by registration, patent, copyright or otherwise in this intellectual property or any work derived therefrom. A business customer may not take any action that jeopardizes, restricts or disrupts the property rights and / or the right to use the intellectual property of CARFAX or its subsidiaries.
11 Compensation for Damages
The customer or business customer will compensate CARFAX and protect it from claims, charges and damages, direct or indirect, that result from the use of CARFAX used vehicle histories by the customer that do not comply with these terms and conditions .
12 Applicable law and contract language
12.1 These conditions are subject to the law of the Federal Republic of Germany excluding the UN Sales Convention (CISG) and are to be interpreted according to this. Mandatory provisions of the country in which a customer usually has his place of residence remain unaffected by the choice of law.
12.2 All disputes, controversies or claims between CARFAX and a business customer that arise in connection with these terms and conditions will be decided by the courts in Munich, Germany, using German law.
12.3 The contract language is German.
13.1 CARFAX reserves the right to change or add to these terms and conditions after conclusion of the contract, if this appears necessary and you are not unreasonably disadvantaged and if this does not violate good faith.
13.2 Subsequent changes to these terms and conditions are made regularly in order to improve our services in your interest, to react to a change in legislation or case law or as a reaction to unforeseeable changes that would make the execution of the contract more difficult or impossible without revision or amendment. Significant changes to the conditions valid at the time the contract is concluded are excluded from the aforementioned authorization to change the conditions.
13.3 CARFAX will inform the customer or business customer by email or in another suitable form, e.g. in the form of a note during the login process. The notification will be given at least six weeks before the planned changes come into effect. If a customer or business customer does not object to the changes within the six-week period, the changes come into force. CARFAX will inform the customer or business customer about the effect of the customer's or business customer's silence in the above notification.
14.1 Should any provision of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions. In such a case, the contractual partners will agree that the ineffective provisions will be replaced by a provision that comes as close as possible to the economic sense and purpose of the ineffective provision. The same applies to any gaps in these conditions.
14.2 The EU Commission has provided an internet platform for online dispute resolution ("ODR platform"). This OS platform serves as a point of contact for alternative dispute resolution with regard to contractual obligations from online contracts. The OS platform is accessible under the following link: www.ec.europa.eu/consumers/odr
14.3 CARFAX is not prepared to take part in dispute settlement proceedings before a consumer arbitration board.
Munich, March 4, 2021
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