1. GENERAL CONDITIONS
- OldyCar operates the Online Marketplace “OldyCar”, a database accessible via the Internet in which natural or legal persons or partnerships with unlimited capacity to enter into legal transactions (“Users”) can advertise classic vehicles, particularly “young timers” and “oldtimers” and other classic vehicles (hereinafter referred to collectively as “Vehicles”) for sale and where such Vehicles by means of the search function provided by OldyCar may be searched.
- OldyCar provides only the technical functions for the transmission of the ads placed by the Users. OldyCar does not influence the content of the ads. The User bear sole responsibility for the content of their ads. OldyCar verifies neither the correctness nor the completeness of the ads and assumes no warranty for their correctness or completeness.
- OldyCar is not involved in the relationships between sellers and potential buyers as an intermediary, party, or representative of any party. In particular, OldyCar itself is not the party offering the advertised Vehicles for sale. Contracts initiated as a consequence of an advertisement being placed on the Online Marketplace are thus concluded and performed without the involvement of OldyCar.
- The following languages are available for the conclusion of contracts: English.
2. REGISTRATION & USER ACCOUNT
- Certain functions of the Online Marketplace are available only after prior registration, which is free of charge. This includes making it possible for potential buyers to contact sellers, including the accessing of sellers’ contact data (e.g. telephone numbers).
- OldyCar reserves the right to delete User accounts that have been inactive for a period of twelve months.
- Each User may register only once. Within the framework of the registration and the ongoing contractual relationship, OldyCar is entitled to request that commercial register extracts and/or professional register extracts (if available) or other documents and information that appear necessary or appropriate for the registration or maintenance of the contractual relationship be presented by Users acting as entrepreneurs (“Dealers”).
- Registered Users must ensure that the data they provide is up-to-date. Personal access data are to be protected from being accessed by third parties. Should third parties nevertheless obtain knowledge of the access data, Users must report this to OldyCar immediately and change their access data.
3. OLDYCAR SERVICES
- OldyCar provides an input mask for advertisements, activates the advertisements placed via the input mask, and makes it possible for the advertisements to be accessed via the Online Marketplace; the display and scope of functions may vary depending on the type of access (desktop or mobile). OldyCar also provides extra services as described individually on the Online Marketplace. OldyCar always marks extra services subject to a charge as such. In addition, OldyCar also arranges for certain services provided by third parties (which are marked as such on the Online Marketplace). For the avoidance of doubt, OldyCar does not become a party to a contract in such cases, and all services that are the subject matter of the contract are rendered exclusively by the respective third party (on the basis of the contract to be concluded between the User and the respective third party).
- OldyCar advertises the Online Marketplace and/or the advertisements placed by the Users itself and via third parties, for example, by including the advertisements or excerpts from them on its own or third party websites, in social media, in e-mails or advertising letters, at trade fairs or in print, radio and television marketing campaigns. For this purpose, OldyCar may also make access to the data, information, and content published on the Online Marketplace available to third parties. The Users agree that translations of their advertisements may be made for this purpose.
- The entitlement to use the Online Marketplace exists only within the limits of state-of-the-art technology. OldyCar reserves the right to restrict access to the Online Marketplace temporarily if this is necessary due to capacity limits or the security or integrity of the server or to carry out technical measures serving the purpose of providing the services properly or with improvements (e.g. for maintenance work).
4. PLACING AND EXTENDING ADVERTISEMENTS (LISTINGS)
- Each User may place advertisements via the appropriate input mask. Before placing advertisements finally, Users are given an opportunity to check their information and to correct errors via the “back” button or the navigation within the input mask. Users make a binding offer to conclude a contract only when they click on the relevant button which is labeled with a notification that publishing the advertisement would be subject to costs. OldyCar accepts such offers by activating the advertisement on the Online Marketplace and sending the Users e-mail confirmations. Contracts for the placement of advertisements come about when confirmations are received.
- Advertisements placed by consumers can be accessed for the period of chosen package validity. The date on which an advertisement is published does not count in the calculation of the advertisement period. Periods of time during which an advertisement is “paused” (meaning periods of time in which the advertisement is not published at the request of the User) also do not count. The day on which the “paused period” commences still counts as “published”, and the day on which the “paused period” ends still counts as “paused” (in each case the status at 12:01 a.m.). An advertisement can be “paused” for a maximum of 90 days altogether.
- After the period of validity, consumers have the option of placing expired advertisements (which are still accessible via the User account) anew or of extending them. Advertisements placed by Dealers are extended automatically after the end of the period of validity unless the Dealer has terminated the publication of the advertisement before the end of the first period of validity or any extended period of validity.
- In the event of and/or after the termination of an advertisement, Users have the option of designating successfully sold Vehicles (or rather the underlying advertisements) as “sold”. Advertisement marked in this way can still be accessed via the Online Marketplace and seen by the Users of the Online Marketplace and thus, in particular, serve as references for the sellers. They are marked clearly and visibly as “sold” and – unlike “active” advertisements – no longer provide the possibility for potential buyers to make contact via the intended con-tact channels (in particular: contact form).
- The Online Marketplace is a specialized marketplace for the classic vehicles that are present in its own database. These include, in particular, Vehicles that have reached the minimum age for classic vehicles (so-called “oldtimers” and “young timers” – classic vehicles), rare sports and racing vehicles, classic boats, and aircraft, as well as classic vehicles in the future. No other Vehicles may be advertised via the Online Marketplace. Should a classic vehicle that is being offered for sale not yet be in the database, a request can be addressed to OldyCar that the Vehicle is included. OldyCar will process the request within a reasonable period and subsequently approve the Vehicle – provided that it falls under the definition of a classic vehicle in the opinion of OldyCar – for publication without delay.
5. LISTING CONTENT REQUIREMENTS
- The advertisements must be correct in form and content at all times. Deficiencies in a vehicle and other circumstances that reduce its value not only insignificantly, in particular, may not be concealed. Advertisements containing incorrect prices, such as prices without VAT for Vehicles subject to standard taxation or the specification of down-payments or installments in the price field, where financing offers are made, are not permitted.
- Should an advertised “classic vehicle” be a replicate, this must be made clear, particularly by selecting the correct category in the input mask and through the content of the published text. The information provided by Users and the uploaded pictures of the replicate may also not violate the rights of any third party, particularly any existing trademark and/or registered design rights. Correctly categorized replicates will be marked as such by OldyCar in the illustration.
- It is not permitted to advertise several Vehicles individually or as a package within one advertisement. It is not permitted to advertise the same vehicle more than once at the same time in one of the main categories offered in the Online Marketplace (automobiles, motorcycles, tractors, utility vehicles, trailers, airplanes, helicopters, other aircraft, motorboats, sailboats, and other boats). Advertisements for purchasing, search requests, and advertisements for other goods or services are also not permitted. It is also not permitted to provide service telephone numbers indirectly or directly involving special charges for callers, particularly numbers with the dialing code “900”, “901′, etc. It is not permitted to include links to external websites unless such links are required under mandatory law.
- If a User places advertisements on the Online Marketplace via a data service provider commissioned by the User, the User is obligated to check the uploaded files for completeness and correctness. Users remain responsible for all of the advertisements placed via their User accounts, regardless of whether they were placed by the Users or by third parties commissioned/authorised by the Users.
6. ACTIONS IN THE EVENT OF VIOLATIONS
- The User will indemnify OldyCar from any and all claims asserted by third parties against OldyCar because their rights are being violated by an advertisement or by any other use of the Online Marketplace by the User. In such a case, the User will also assume the necessary costs incurred by OldyCar for its necessary legal defense, including court costs and lawyers’ fees. This does not apply if and to the extent the User is not responsible for the violation of rights.
- The registration is free of charge. The payments specified in the ‘Packages’ page that is valid at the time the advertisement is placed or extended or the extra services are requested will be charged for placing and extending an advertisement and for the extra services subject to the charge that are available via the Online Marketplace (and are designated as such). There are different price lists for consumers and for Dealers.
- For consumers, the payments become due and payable when the contract for the publication of the respective advertisement or the respective extra service is concluded. For Dealers, the payments become due and payable after the appropriate Package chosen.
- The Users may pay by credit card, or PayPal. Payments by credit or debit card are executed by the Stripe Inc, the payment service provider of OldyCar. If the collection of debts is not successful, the User must reimburse OldyCar for any extra costs incurred unless the User was not responsible for the unsuccessful collection of debts or can prove that no loss at all or a significantly lower loss was incurred. Invoices are sent only by e-mail. For sending an invoice in paper form at a User’s request, OldyCar charges a fixed price per invoice, covering additional works and postal services.
- OldyCar is entitled, in the event of default, to withhold its own service and to block the advertisement of the User in question.
8. USERS’ GENERAL OBLIGATIONS; COPYRIGHTS AND RIGHTS OF USE
- Search requests may be made only via the search mask offered on the Online Marketplace. Bypassing the search masks to search for Vehicles, particularly by using search software that accesses the Website or the databases, is not permitted. The User also undertakes to refrain from making any electronic attacks on the Online Marketplace. Electronic attacks include, but are not limited to, attempting to overcome or circumvent the security mechanisms of the Online Marketplace or to otherwise render them inoperative, or using computer software for automatic data readouts, using and/or circulating viruses, worms, Trojans, brute force attacks or spam.
- The User acknowledges that OldyCar and/or third-party licensors of OldyCar are entitled exclusively and without restriction to any and all existing rights to the Online Marketplace, including any and all intellectual property rights such as copyrights, trademark rights, patents, and any other protective rights. Users are not permitted to reproduce, modify, decompile, edit, reverse engineer, disassemble or translate the Online Marketplace or to attempt in any other way to convert it to source code.
- When a User contract is terminated, the advertisements marked as “sold” will be anonymized by OldyCar in such a way that all references to the identity of the respective seller are removed from the advertisements. The advertisements will remain available to the public via the Online Marketplace.
10. WARRANTY AND LIABILITY
- OldyCar does not assume any warranty for the secure, uninterrupted, or faultless operation of the Online Marketplace. In cases of force majeure, OldyCar is released from its obligation to perform. All unforeseen events and events having an impact on the performance of the contract for which neither of the parties is responsible are deemed force majeure. Such events include without limitation lawful means of industrial action, also in third-party companies, official measures taken by authorities, the failure of communication networks and gateways of other operators, disruptions in the area of network providers, other technical malfunctions, including when such circumstances occur in the area of subcontractors, sub-suppliers or their subcontractors authorized by the User. No entitlements shall result for Users from any failures for which OldyCar is not responsible.
- OldyCar is liable under statutory law for intent and gross negligence of OldyCar, its legal representatives, executive employees, or other vicarious agents. The same applies in the event of an assumption of warranties or any other no-fault liability and in the event of claims or in the event of a culpable act resulting in death, injury, or damage to health. OldyCar is liable on the merits for breaches of material contractual duties, thus such duties the performance of which the User usually relies on and may rely on for the proper performance of the contract, caused by the simple negligence of OldyCar, its representatives, executive employees, and simple vicarious agents, but in this case limited in terms of amount to the typical, foreseeable damage.
- Any further liability of OldyCar is excluded.
- Where the liability of OldyCar is excluded or limited, this applies to the benefit of the personal liability of its legal representatives, executive employees, and simple vicarious agents as well.
11. DATA PRIVACY
12. FINAL CONDITIONS
- The legal relations between OldyCar and the Users are governed by the law of Ireland, no matter if a User is a private person or a business (‘Dealer’).
- OldyCar may make use of other companies affiliated with it for the purpose of performing the contract and exercising the rights arising under the contract. OldyCar has the right to transfer its rights and duties under this contractual relationship in whole or in part to third parties with a notification period of four weeks.
- Any amendments and additions to the User contract must be in written form to be valid. This also applies to any amendment to this written form clause. No oral or written side agreements have been concluded.