Terms and conditions

I. General principles
1. User, scope, exemption
1.1. User
The user of these General Terms and Conditions is EINS GmbH (hereinafter referred to as EINS), Unterweingartenfeld 6, 76135 Karlsruhe - HRB 107274, Mannheim Local Court.
1.2. The object of these General Terms and Conditions is the regulation of the sale of motor vehicles by the user as entrepreneur (seller) to persons who are also entrepreneurs (buyer).
EINS makes the platform www.carbidopen.de available on the Internet for this purpose, whereby the sale is carried out as an auction or also as a direct sale.
A buyer acquires a vehicle offered by a salesman highest bidding by knockdown. EINS acts as an intermediary towards the buyer/seller.
For each started auction, with which at least one bid was delivered, the salesman is obligated to carry a commission out to EINS as mediator.
The current price list applies in each case.
1.3. The following General Terms and Conditions shall also apply to future transactions between the contracting parties. Other general terms and conditions of the contracting parties shall not apply, even if they are not expressly contradicted.
1.4. The users of the Internet platform www.carbidopen.de shall indemnify EINS against all claims asserted by other users or third parties against EINS due to infringement of their rights by offers and content posted by users of the Internet platform or due to other use of the Internet platform of EINS.
The User shall also assume the costs of the necessary legal defense of the EINS, including all court and attorney fees. This shall only apply if the User is responsible for the infringement

II. Registration
1. User, proof
1.1. Users can only be entrepreneurs in the sense of § 14 BGB (German Civil Code), whereby the object of the trade must be the motor trade or another activity in the automotive industry.
Each user must register once before participating in an auction for the first time. The user must expressly declare and prove his entrepreneurial status and his status as a motor vehicle dealer or a company active in the automotive industry.
For German users, proof is required by presenting the business registration or an extract from the commercial register and the identity card of the business owner or the managing director or the executive board by fax or in electronic form.
In the case of foreign users, copies of the identity card or passport (at least 100 dpi), the business registration or extract from the commercial register and the VAT identification number must be submitted.
Currently, only foreign users who are based in a member state of the European Union can register.
1.2. By registering, the user acknowledges the validity of these General Terms and Conditions.
Registration is free of charge, non-binding and does not oblige the user to participate in auctions. With the registration, a contract is concluded between EINS and the user for the use of the Internet platform www.carbidopen.de.
1.3. The data requested by EINS during registration shall be complete and correct. In the event of a data change after registration, the user is obliged to notify EINS of the change immediately.
The data will be treated confidentially and will not be passed on to third parties unless there is a legal obligation to do so or a necessity resulting from an auction.
EINS will use the data made available to it exclusively for its own purposes.
Within the scope of registration, the user may - subject to technical restrictions - freely choose a user name, provided this has not already been assigned. There is no legal claim to a specific user name. In addition, the user shall determine a desired password after registration in accordance with the previous remarks.
1.4. EINS will immediately inform the user of the successful registration or confirm the user name and password.
1.5. In principle, there is no legal entitlement to registration. In addition, EINS can reject registration requests without further justification, or delete the account after twelve months of inactivity.

2. Use of the Internet plattform
EINS has no influence on the design and content of sites to which links may be provided via the www.carbidopen.de Internet platform. Furthermore, EINS assumes no liability for the topicality, completeness or correctness of the information provided there.
The layout of the www.carbidopen.de Internet platform may not be reproduced and/or used in any other way without the prior written consent of EINS.

III. Sanctions, blocking, termination
1. If there are obvious indications that a User is in violation of any law, these Terms and Conditions, or any rights of a third party, or if EINS has a legitimate interest in avoiding fraudulent activity, EINS may take the following actions.
  • Deletion of offers or other content
  • Temporary blocking
  • Final blocking 
EINS shall also take into account, to the extent necessary, any legitimate interests of the user.
2. EINS can finally exclude a user from the use of the internet platform www.carbidopen.de (final block). Prerequisites for this can be in particular
  • Communication of false data in the context of registration
  • Transfer of the user account to third parties
  • Non-acceptance of auctioned vehicles by the tenderer
  • Direct or indirect damage to EINS or other users
  • Other important reasons 
After the final blocking of a user account, this user may no longer use the Internet platform www.carbidopen.de via other user accounts. In addition, there is no claim to restoration of the blocked user account or a renewed registration..
3. Users can terminate a user contract / registration at any time in writing or by e-mail.
4. EINS may terminate a user contract at any time with 14 days’ notice to the end of the month, subject to blocking of the user account..
5. Prohibition of own and multiple bids
During the term of an auction, the seller is not permitted to place bids himself or indirectly through a third party on a vehicle/accessory placed by him. Furthermore, he is not permitted to offer a vehicle/accessory in other sales at the same time. In the event of an infringement of this provision, the seller shall be entitled to block the seller and the seller shall be obliged to compensate for any damage incurred.
IV. Formation of a contract
1. Principles
Users are not entitled to manipulate bids during the auction by using another user account or by involving third parties. In particular, it is forbidden for the bidder during the auction to place bids himself on the vehicle placed by him.
In addition, the vendor declares that he has sole power of disposal over the vehicle placed by him and that no third party rights (ownership rights, liens, etc.) exist in this vehicle.  

2. Adding of motor vehicles
2.1. The provider is obliged to transmit all information about the vehicle offered by him truthfully and completely. In doing so, he must indicate the essential characteristics and features for the purchase decision and point out possible faults, defects, defects and modifications of the vehicle.
The description and/or the pictures used must not violate the rights of others and must refer exclusively to the vehicle advertised. The descriptions/images may not contain any advertising for other than the advertised vehicles; the use of links within the scope of these descriptions is also prohibited.
The bidder further undertakes not to offer or sell the vehicle for sale elsewhere for the duration of the respective auction.
2.2. EINS reserves the right to check or have checked the description of the vehicle-specific data provided by the provider. If this results in contradictions between the information provided by the Vendor on the vehicle and the vehicle itself, or if there are doubts as to the Vendor’s descriptions, EINS may reject the vehicle offered and/or take a vehicle that has already been discontinued out of the auction. In this respect, there is no legal claim to the inclusion of vehicles in the auction. Finally, EINS is also entitled to reject offers if they violate legal or official prohibitions or prohibitions and/or offend against common decency.

3. Bid/purchase of vehiclesThe bidder submits a bid by entering an amount during the offer period. All bids are gross unless otherwise stated.
If two bidders submit a bid of the same amount, the first bid submitted shall be deemed the highest bid.
The bidding steps will be freely chosen when the auction is placed, irrespective of the starting price stated by the bidder.
Selectable steps are
   10,-- € (in words: ten Euro), 20,-- € (in words: twenty Euro),
   50,-- € (in words: fifty Euro), 100,-- € (in words: one hundred Euro),
   200,-- € (in words: two hundred Euro), 500,-- € (in words: five hundred Euro) or
   1.000,-- € (in words: one thousand Euro).
Bids submitted are binding on the bidder. Bids already submitted cannot be reduced or withdrawn, unless the bidder is legally entitled to do so.
At the end of the auction period, the bidder who has submitted the highest bid will be awarded the contract for the vehicle in question.
By the award a legally effective purchase contract is concluded between bidder/seller and bidder/buyer, whereby the highest bid is to be regarded as the purchase price.
If the seller chooses a Buy-It-Now option when placing an item in the auction and this option is accepted by a bidder, a purchase contract for the indicated Buy-It-Now price is concluded immediately.
Both users, i.e. bidders and highest bidders, will receive confirmation from EINS immediately after the end of the auction period by e-mail to the notified e-mail address.
In this confirmation e-mail the relevant data of the contract partner will be communicated so that seller and buyer are able to contact each other in order to discuss the further processing of the purchase contract.

V. Purchase price
1. Buyer from the Federal Republic of Germany
The purchase price is based on the highest bid of the bidder/buyer and includes the value added tax applicable in Germany (gross purchase price) in the respective statutory amount. For German buyers, the Seller shall issue a proper invoice for the net purchase price and for the value-added tax to be shown separately at the statutory rate in each case. This shall not apply if a sale is subject to differential taxation pursuant to § 25 of the Value Added Tax Act.

2. Buyers from EU countries outside the Federal Republic of Germany
In the case of buyers from EU states other than Germany, the buyer must guarantee in writing to the seller that the purchased vehicle will immediately be transported to another EU state outside Germany and provide all documents and records necessary for this.
If these conditions are fulfilled, no German sales tax is to be paid on the purchase price, so that the purchase price only includes the net price. A claim for net invoicing does not exist.

3. Buyers from non-EU countries (third countries)
Buyers from non-EU countries (third countries) must provide the seller with a security deposit on the net purchase price of the vehicle in the amount of the respective applicable value added tax rate in Germany.
The seller is obliged to reimburse this security deposit to the buyer immediately as soon as proof is furnished that the acquired vehicle has left the territory of the EU states. The original of the completed export declaration stamped by the relevant EU border customs office serves as proof of this; this claim for reimbursement of the security can only be assigned with the consent of the seller. A claim for net invoicing does not exist.

VI. Processing of the purchase contract
The handling of the purchase contract concluded via the Internet platform www.carbidopen.de by way of an auction is to be carried out solely by the parties to the purchase contract, i.e. the bidder/seller or bidder/buyer. The sold vehicles are in principle to be collected by the buyer at the seller’s place of business at the buyer’s expense.
Special agreements between the parties to the purchase contract are possible.
All vehicles must be collected by the buyer within seven working days of notification of the conclusion of the sales contract.

VII. Warranty
1. Vehicle sale
All vehicle sales made via the www.carbidopen.de platform are subject to the exclusion of any warranty, i.e. "purchased as seen“.

2. Vehicle descriptions
The information provided by the supplier in the description of the vehicles to be sold shall be provided by the supplier to the best of his knowledge and belief.

3. Withdrawal
The seller is entitled to withdraw from the contract if the buyer makes incorrect statements about his creditworthiness or if insolvency or composition proceedings are applied for against his assets.

VIII. Commission
1. If at least one bid is placed on an auction started, a commission to be paid by the seller to EINS is due.
2. The commission amounts for the seller according to the valid price list of carbidopen.de. The legal sales tax is shown separately.
3. Non-sale of the vehicle
If no bid has been placed on a vehicle/accessories and therefore no auction has taken place, no commission is due.
It can be placed again in an auction.
4. The invoices for the brokerage commission are sent to the parties involved on a quarterly basis. If more than 20 auctions have been carried out in one month and at least one bid has been submitted, the invoices will be sent monthly.
The amounts are due immediately and without deduction.

IX. Liability
1. EINS shall in any case be liable only in the event of intent and gross negligence with regard to material contractual obligations. Liability for consequential damages, technical malfunctions and/or failures of the internet platform www.carbidopen.de. is also excluded. EINS reserves the right to temporarily shut down the platform, in particular for maintenance work and updates.
2. EINS acts solely as an agent in the vehicle auction sector, so that no warranty can be assumed for the advertised vehicles or the vehicle description provided by the provider. EINS also assumes no liability for the execution/processing of the purchase contract concluded via the platform www.carbidopen.de.
X. Choice of law, place of jurisdiction, miscellaneous1. The legal relationships existing between the EINS and the users shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The exclusive place of jurisdiction for legal disputes with the EINS is Karlsruhe.
3. EINS will notify the users in good time of any changes and/or amendments to these General Terms and Conditions. The amended General Terms and Conditions shall be deemed to have been approved by the user unless the user objects in writing within two weeks of notification.
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The ineffective or missing provisions shall be replaced by the respective statutory provisions.
Karlsruhe, 15.02.2019
Please enable javascript on your browser!