General Terms and Conditions (GTC) of “Wir verkaufen dein Auto” We Sell Your Car
§ Scope(1) These General Terms and Conditions (GTC) apply to all contracts and services provided by “Wir verkaufen dein Auto” (hereinafter referred to as “WVDA”) to customers who wish to sell vehicles.(2) They specifically govern the mediation and sale of motor vehicles to registered dealers.
§ Mediation Services(1) WVDA is entitled to mediate vehicles from customers to registered distribution partners (dealers). Customers provide WVDA with their current vehicle data and availability.(2) WVDA forwards customer inquiries and interested parties to the respective partners. The partners are obliged to provide contact details and further information about the desired vehicle to the interested parties referred by WVDA.(3) The sales contract is concluded directly between the customer and the distribution partner. WVDA acts solely as an intermediary and is not a party to the contract.
§ Disclaimer of Liability(1) WVDA assumes no liability for the quality, functionality, or any defects of the vehicles offered by customers.(2) The customer agrees to provide all relevant information about the vehicle, including any defects or damages, completely and truthfully. WVDA is not liable for damages or losses resulting from incomplete or incorrect information provided by the customer.(3) The sale of the vehicle occurs exclusively between the customer and the respective distribution partner (dealer). WVDA merely acts as an intermediary and is not a party to the sale.(4) Claims for defects or damages to the vehicle can only be asserted against the customer who sold the vehicle.(5) WVDA is not liable for damages resulting from the non-disclosure of defects or damages by the customer, unless WVDA knew or should have known that such defects or damages existed.
§ Vehicle Sale(1) WVDA mediates the sale of vehicles offered by customers to registered dealers.(2) Customers have 3 days to bid on the offers from the dealers. After this period, the bidding request will be closed, and the highest bidding dealer will receive the order.(3) The dealer is obliged to inspect the vehicle for defects and damages. A return of the vehicle after the purchase is only possible if a purchase contract has been signed between the dealer and the customer.(4) The payment of the commission amounting to 10% of the total amount is due immediately; the order will only be released after receipt of payment. If the purchase does not occur, the entire amount of the commission will be refunded. If the buyer fails to purchase due to a self-inflicted error, a processing fee of 10 euros will be charged.
§ Compensation and Payment Terms(1) For mediation services, WVDA receives a commission from the respective distribution partner amounting to 10% of the total sale price.(2) Invoices from WVDA are due for payment within 14 days of receipt.(3) In the event of delayed payment by the customer, WVDA is entitled to charge default interest at a rate of 9 percentage points above the base interest rate.
§ Final Provisions(1) Changes or additions to these GTC must be made in writing.(2) The exclusive place of jurisdiction is the registered office of WVDA.(3) The law of the Federal Republic of Germany applies.
General Terms and Conditions for WVDA Vehicle Partners
§ Scope and Subject Matter of the Contract(1) These General Terms and Conditions (GTC) govern the cooperation between “Wir verkaufen dein Auto” (hereinafter referred to as “WVDA”) and the registered vehicle partners (hereinafter referred to as “Partner”).(2) The subject matter of the contract is the mediation of vehicles by WVDA to the Partners within the framework of the WVDA distribution network. The services are exclusively provided in Germany.
§ Registration and Conclusion of Contract(1) Interested companies, regardless of their place of residence, can register as vehicle partners through the WVDA online partner portal.(2) By submitting the registration form and accepting these GTC, a contract is established between WVDA and the Partner.(3) WVDA reserves the right to refuse registrations without providing reasons.
§ Services of WVDA(1) WVDA provides registered Partners with vehicles that they can acquire nationwide and in the DACH region.(2) WVDA acts solely as an intermediary and assumes no liability for the vehicles or their condition.(3) The Partner is required to provide accurate information and is liable for any errors or discrepancies.(4) WVDA offers a platform through which dealers can bid on vehicles free of charge. The highest bidder receives the award.
§ Obligations of the Partners(1) Partners must promptly inform WVDA of any purchase agreements concluded as a result of the mediation.(2) Partners are committed to confidentiality regarding WVDA’s trade secrets.(3) Partners must cooperate with WVDA in all sales-related matters.(4) Partners may only use the information provided by WVDA for contractual purposes.
§ Compensation and Commissions(1) For each vehicle sale mediated by WVDA, WVDA will receive a commission of 7% of the total amount.(2) The commission payment is due immediately; the order will only be released after receipt of payment.(3) If the purchase does not occur, the entire amount of the commission will be refunded.(4) If the buyer fails to purchase due to a self-inflicted error, a processing fee of 10 euros will be charged.(5) Partners have 3 days to bid on the vehicles. After this period, the bidding request will be closed, and the highest bidder will receive the order.
§ Disclaimer of Liability(1) WVDA assumes no liability for the quality, functionality, or any defects of the vehicles offered by customers that are mediated to the dealers.(2) The customer agrees to provide all relevant information about the vehicle, including any defects or damages, completely and truthfully. WVDA is not liable for damages or losses arising from incomplete or incorrect information provided by the customer.(3) The sales contract is exclusively concluded between the customer and the respective distribution partner (dealer). WVDA acts solely as an intermediary and is not a party to the sale contract.(4) Claims for defects or damages to the vehicle can only be asserted against the customer who sold the vehicle.(5) WVDA is not liable for damages resulting from the customer’s failure to disclose defects or damages, unless WVDA knew or should have known that such defects or damages existed.
§ Duration and Termination(1) The contract is concluded for an indefinite period.(2) Both parties can terminate the contract at any time without notice for an important reason.(3) An important reason exists particularly in the case of serious breaches of contract.(4) WVDA reserves the right to change or supplement these GTC as needed. Partners will be notified of any changes in a timely manner. If Partners do not object to the changes within four weeks of notification, the new provisions shall be considered agreed upon.
§ Final Provisions(1) Changes or additions to these GTC must be made in writing.(2) If any provision of these GTC is found to be invalid, this shall not affect the validity of the remaining provisions.(3) The exclusive place of jurisdiction is the registered office of WVDA.(4) WVDA is entitled to change or supplement these GTC at any time with a notice period of four weeks. The amended GTC shall then apply to all existing contractual relationships, unless Partners object within the notice period.
