TERMS AND CONDITIONS for using the page www.webcar.eu
I. General Provisions
This section contains the mandatory rules applicable to any individual or legal person who uses the services offered by www.webcar.eu. Any person visiting the www.webcar.eu website or registering as a user as a legal person (dealer) is deemed to have become aware of and agrees to the Terms and Conditions of Use, which they accept with no reservation as presented below.
These rules are developed by the owner of the www.webcar.eu website and may be modified by the owner without the prior consent and notification of the users. In the “Terms and Conditions” section, users have access to and can refer to the terms and conditions in force at the time of accessing the website.
II. Presentation of services
The Supplier, NextCar GmbH, offers ad publishing services for the sale of various vehicle types and other services related to vehicle sales through its webpage, www.webcar.eu.
NextCar GmbH is a German legal person, having its registered office in Otto-Hahn Straße 13B, 85521 Hohenbrunn, OT Riemerling, Germany.
The page www.webcar.eu is moderated by the Supplier through their designated operators. The Supplier offers the possibility to publish advertisements for companies specialized in the sale of vehicles, referred to as “dealers”.
The advertisement is the means by which users can issue for publication sale offers for vehicles on the website www.webcar.eu. The manner and conditions for the publication of advertisements are specified under item V.
In this document, the term “vehicle” may designate a car, van, truck, bus or any other type of motor vehicle, as well as car parts or accessories, services and works pertaining to the automotive industry, mechanical systems used for transport, as applicable.
III. Information search tools and links to other web pages
The website www.webcar.eu contains links to other webpages, references or tools for searching information offered by other information service providers. Thus, NextCar GmbH facilitates its users' access to information deemed relevant and interesting, to advertising applications provided by other suppliers. Regarding electronic commerce, by providing recipients with the service or with information search tools or links to other web pages, NextCar GmbH is not liable for the information in question and does not take any responsibility for its content or for the topicality of those websites, unless the illegality of that information has been established by the decision of a public authority. The use of these pages is subject to proprietary usage rules set by the operators of those pages, users having the option of opting for, on their own responsibility, or declining to access these pages.
The content of www.webcar.eu (including its design, photographs, images, graphics, drawings, articles, announcements, any data, texts, materials, programs and applications, etc.) is protected by intellectual property law. Consequently, the use of any materials available on www.webcar.eu for the purpose of reproduction or distribution is strictly prohibited without prior written permission from NextCar GmbH.
Users agree that in relation to the advertisements created to be published on www.webcar.eu they will transfer to NextCar GmbH a non-exclusive copyright for the copying, translation, publication, re-publishing, broadcasting and any other form of public display within www.webcar.eu.
V. Sales announcement
The website www.webcar.eu offers services for a single category of users, legal persons (dealers), who will conclude a written contract with NextCar GmbH, the object of the contract being the subscription/terms negotiated by each dealer with NextCar GmbH for the publication of one or multiple ads.
The www.webcar.eu subscriptions are individually negotiated with the dealers and include the number of vehicles that can be posted on www.webcar.eu, and the extra options the dealers can benefit from, as well as the financial conditions thereof. The extra options’ role is to increase the effectiveness of standard advertisements by improving their visibility in the search results list and/or by giving them a better positioning.
Publication of the advertisement is free of charge. Prior to the publication of an advertisement, users fully and unconditionally accept the rules of use for the website www.webcar.eu described herein, this acceptance being a mandatory prerequisite for the publication of any advertisement; Users who do not comply with the rules set forth in this Act may be held liable under its terms.
By accepting these terms and conditions users, being aware of the criminal law provisions concerning false statements, declare that all the information they provide is real.
By accessing www.webcar.eu, the dealers give their consent to receiving commercial communications via email.
Additional services for dealers. Apart from extra options, dealers can benefit from a range of additional services (free or for a fee), as follows:
1. Banner containing targeted ads to certain categories of customers (for example, those buying Volkswagen Passat)
2. Direct link to company website
3. Separate presentation website within www.webcar.eu
4. Email request (if at the time visitors cannot find vehicles that meet certain search criteria, they may require www.webcar.eu to notify them by email when such a vehicle is added to the database)
5. Unlimited operations (for the first time in Europe, www.webcar.eu offers its subscribing clients an unlimited number of operations, which allows a flexible management of vehicle stocks.)
The additional services listed above are exemplary, not limitative, and shall be negotiated and included in the contracts concluded between dealers and suppliers.
The identification data of NextCar GmbH are listed under Section II.
VI. The Supplier's right to modify the advertisements and block user accounts
Each user must use the www.webcar.eu page in good faith and is fully responsible for the information they transmit and for the transactions they perform.
The provider has the obligation to publish all advertisements that comply with these usage guidelines and for which the user has paid the corresponding price.
The Supplier reserves the right to modify or delete, as appropriate, advertisements that:
- Have a manifestly illegal, defamatory, threatening, abusive, vulgar, racist, discriminatory meaning or that otherwise offend in any manner a person’s private life;
- Do not allow user identification based on the data provided; or the data provided is false;
- Are posted on behalf of other people, without their consent, identity theft being punished according to the laws in force;
- Contain viruses or other programmes that are designed to destroy, interrupt, or restrict the operation of any IT equipment;
- Contain material protected by copyright or other intellectual property rights, including privacy rights, image rights and the right to use a person's image in public and advertising, unless the user owns these materials or proves that they have obtained the owner’s consent or that of the right-holders to post the material;
- Have any other illegal content, promote illegal activity or violate the legal rights of other persons;
- Vehicle data is inconsistent with reality (price, technical data and pictures).
By effecting a change, the supplier removes or changes part of the advertisement that contravenes the provisions of these Terms and Conditions. The change may only be made if the part of the advertisement that is in breach of the provisions of this Act is not an essential element of the advertisement.
NextCar GmbH reserves the right to block, at any moment and without prior notification, the accounts of users who fail to comply with these rules, the terms and conditions of using this website, or who disrupt or interfere in any manner with the supplier’s technical conditions.
In addition to blocking the accounts of users who fail to comply with the page’s terms and conditions, the supplier will immediately notify the competent authority whenever it is found that unauthorized operations have been performed on this page, including, without limitation: abusive use, fraudulent use, unauthorized access, modification, copying information in order to sell it, blocking access, etc.
In all cases of deleting/modifying an advertisement for which the corresponding price has been paid, the user will be notified of the causes that caused the supplier to modify/delete that advertisement. If an advertisement is modified/deleted for any of the above reasons, users cannot request a refund of the price paid for the advertisement in question.
VII. Disclaimer of liability
NextCar GmbH takes no responsibility for the accuracy of the data provided in the advertisements published on www.webcar.eu. Users of www.webcar.eu acknowledge and take full responsibility for the content of the posted materials, NextCar GmbH cannot be held responsible for the truthfulness of the information posted by users.
NextCar GmbH does not warrant that the www.webcar.eu site is free of viruses or other potentially harmful software elements. The user shall use this page at their own risk, NextCar GmbH being free of any liability for any potential direct or indirect damage caused by the use of the page.
The Supplier cannot guarantee that the Page www.webcar.eu will be available uninterruptedly. The Supplier will not be liable for failure to display the advertisements or for discontinuing their display for reasons beyond its control, nor for any damages that the user may incur for this reason.
VIII. Communications and complaints
Users are invited to submit comments, notes, suggestions, observations or reports concerning the violation of certain rules for using the page to [email protected]
Users may also use this email address if they believe their rights have been injured by an act of the supplier.
The Supplier shall reply within a maximum of 10 days to all referrals that are substantiated and contain the sender’s identification data and the proper description of the case to which they relate.
Any complaints about publishing, modifying, interrupting the display of an ad will be resolved only if the supplier is informed by the user within 3 days of the occurrence of the event being the subject of the complaint.
IX. Applicable law
The legal relations arising from this act between the supplier and the users are governed by interpreted in accordance with the laws of Germany, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Germany for the resolution of any disputes.
Any litigation relating to a dispute arising in connection with the Terms and Conditions of using the www.webcar.eu page, which cannot be settled amicably, is to be settled by the competent courts in Germany, which the users expressly accept by acknowledging and accepting these Terms and Conditions.