Terms & Conditions

General Terms and Conditions for the Use of the Public Area of the Website Racecars44.com (AGB-ÖB)

Postal address:
Tankhof Norsingen
Inh. Patrik Zajelsnik
Bundesstr.1
D-79238 Norsingen-Ehrenkirchen
Germany

The terms and conditions are valid from March 12, 2017.

The following general terms and conditions apply to the use of the website racecars44.com the portal.
If you act as a consumer within the meaning of the statutory provisions, you have the following right of withdrawal:

Cancellation
You have the possibility to withdraw from the contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must write to us in writing (Racecars44.com, Tankhof Norsingen , Bundesstr.1 , D-79238 Norisngen-Ehrenkirchen , Phone Number: +49 07633/807093 , E-Mail: info@racecars44.com by means of a clear statement (e.g. a with the mail, fax or e-mail) of your decision to withdraw from this contract.
In order to secure the withdrawal period, it is sufficient that you must send your notification of your decision on the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal
By rescinding the contract, we are responsible for promptly and not later than fourteen any payments we have received from you, including delivery charges (except for any extra costs involved, such as standard delivery) Days from the date of receipt of the notice of withdrawal of the contract. The amount corresponding to the repayment we use the same means of payment that you used in your transaction, unless you have agreed another form of repayment, in no case, they incur any costs for the repayment.
If you choose the cancellation during the 14-day period, then a certain amount will be payable in the amount of the portion of the service rendered until the date of notification of the cancellation in writing. The already provided services are calculated from the total amount of the total amount in the contract.

§ 1. General:

1. Racecars44.com – Racebikes44.com operates a database accessible via the Internet, through the so-called “public sector” the sale of motor vehicles for sport purposes by any unlimited natural or legal person or partnership (hereinafter “participant”) set (“Ad function”) and in which racing cars can be searched with the search function provided by us. These General Terms and Conditions regulate the service of racecars44.com and racebikes44.com for the website, mobile and loakle applications and applications in the following service.The most important function for the purchase of an advertisement as well as additional functions may not be available without Registration of a user account requires registration of a racecars44.com or racebikes44.com user account and this will be confirmed by the creator of the account via email to activate the account.

2. The public Racecars44.com and Racebikes44.com sections are open to private and commercial participants. Commercial sellers must clearly present themselves to the buyer as a commercial buyer.

3. The General Terms and Conditions (AGB-ÖB) between Racecars44.com and Racebikes44.com and the participants apply exclusively to the public sector of the website operated by Racecars44.com or Racebikes44.com (Race Cars – Race Bikes – Transportes, Trailers, Trucks, Motobikes, Quads, Go-karts, Race Parts, Equippment). Conflicting terms and conditions of a participant have no validity.

4. For appearing in the dealer area, only the General Terms and Conditions (AGB-HB) apply.

5. Racecars44.com resp. Racebikes44.com provides in the form of a database only the technical requirements (website) for the transmission of information of the advertisements. For the content created by the seller himself ad, text, images racecars44.com resp. Racebikes44.com has no influence. In particular, Racecars44.com or Racebikes44.com is not itself the provider of the discontinued vehicles.

6. Racecars44.com or Racebikes44.com is not involved as a mediator between seller or buyer or inningent as a party or as a party representative.

7. Contracts initiated as a result of an advertisement via Racecars44.com or Racebikes44.com service are concluded and fulfilled by the seller and the buyer without the participation of Racecars44.com or Racebikes44.com.

§ 2 Description of services

1. The services provided by Racecars44.com or Racebikes44.com consists of providing an entry field that is suitable for advertisements, to enable the advertisements set via the input field. The retrievability of the listings from the database of Racecars44.com or Racebikes44.com is made possible via the Internet. Racecars44.com or Racebikes44.com may, in its sole discretion, offer additional services, such as: B. At the request of the Registered Member, Racecars44.com or Racebikes44.com can provide motor vehicles with newsletters and / or inform them of an intercompany purchase. The presentation and functions may differ depending on the type of access or booking type of the advertisement, mobile applications on the website.

2. The Registered Participant makes the entry itself such as advertisements text via the ad function “input field” for pictures and description, true state of the vehicle such as. New vehicle, used vehicle, spare parts, the seller is responsible.
Racecars44.com resp. Racebikes44.com assumes no liability for the fact that the true value and condition of the motor vehicle or the price agreed upon in the case of the conclusion of a contract of sale is or does not equal or approximate.

3. The subscribers are still obliged to sell or buy the motor vehicle at the price published by the buyer. Negotiations on the conclusion of a purchase contract are conducted directly between the participant and the dealer. § 1 No. 6 and 7 of these terms and conditions apply accordingly.

4. Racecars44.com resp. Racebikes44.com promotes the service of Racecars44.com by advertisers and by third parties, eg. through software applications, in newsletters, e-mails or media marketing campaigns Funk u. TV or on website with excerpts and integration of advertisements. For the purpose of advertising, racecars44.com or racebikes44.com may also provide third parties with access to the data, information and content published via the racecars44.com or racebikes44.com service. The Registered Member also agrees to be used for advertising purposes and other affiliations also in and foreign websites with comparable services such as translations of its advertisements, software applications and others.

5. The claims of use of the website racecars44.com or racebikes44.com as well as functions and menu guidance exists only in the context of the current state of the art. For technical reasons, it may be temporarily possible not or only partially possible due to unforeseen system failures to call open advertisements. Due to capacity limitations, racecars44.com or racebikes44.com reserves the right to temporarily restrict the availability and submission of advertisements due to the security or integrity of the servers or to the implementation of technical measures or capacity limits. To improve performance through maintenance work. Of course, racecars44.com resp. Racebikes44.com considers the legitimate interests of all participants. In the case of maintenance, all participants are informed. Sections 14 and 15 of these terms and conditions remain unaffected.

§ 3 Registration and user account

1. Registration is required to use racecars44.com or racebikes44.com to advertise. Registration is free. By registering there is a contract between racecars44.com or racebikes44.com and the participant about the usability of the Public Services section of racecars44.vom or racebikes44.vom (see below: “Use Agreement”). Claims to the conclusion of the contract of use do not exist. The registration is only allowed to persons who are business or private persons who are of legal age and are at least 18 years old. Minors are not allowed at Racecars44.com or Racebikes44.com to register and list advertisements.

2. The requested personal data submitted by Racecars44.com or Racebikes44.com must be true. Like E-Mail Address Country of Origin Private or Commercial User. Your user account will manage you through a password that you have invented yourself and can only be used by your password that you must keep secret and also not forward to third parties.

3. Your personal user account data must be checked for accuracy.

4. The admin reserves the right to delete or dissolve user accounts which have not been used for 12 months or more.

§4 Creation of advertisements and extensions

1. Advertisements can be booked for a maximum of 12 months, after which they will be automatically deleted for the public or you will extend the advertisement for another 12 months. If your vehicle is sold before the 12 month booking, you must cancel your ad and void the validity and the remaining months when your vehicle is sold. You also can not change your listing and the rest months with a different vehicle advertise is prohibited. Any attempts will be punished or deleted by the admin. Advertisements that have reached 12 months of online switching will remain online for up to 90 days after the 12 months have elapsed before they are deleted.

2. Advertisements can be changed or edited by the user at any time, there are no further costs for this. The user has the possibility to delete the advertisement before reaching the 12 month booking and there is no refund.

§5 Payment, payment methods of the advertisement

1. The payment is made only electronically Paypal or credit card even before the online posting of the ad. After checking the payment, the publication of your advertisement takes place.
You will receive by email the invoice incl. VAT and invoice address. The participant must at all times ensure sufficient coverage of his account.

2. If a payment fails for any reason, the participant has to bear the additional costs. Unless the error or more costs are not borne.

§6 blocking, termination or deletion of an account

1. In the event of a breach of the AGB`S by a participant z.b. Racecars44.com and Racebikes44.com reserves the right to take the following Maas:
– Ads to delete or disable.
– Deactivate the ad to the dental entrance
– Limitation of the usage account at Racecars44.com or Racebikes44.com
– Blocking of the participant

If the participant is not at fault, this will be taken into account in favor of the participant.

1. Racecars44.com resp. Racebikes44.com reserves the right to delete advertisements or other contents if these violate these AGB-ÖB (in particular the regulations of § 8) or legal regulations or rights due to their presentation Third hurt. In the event of cancellation by Racecars44.com or Racebikes44.com the participant remains obliged to pay for the advertisement, provided that he is responsible for the cancellation.

2. In case of suspension of a participant, it is forbidden to register new or under another name to use the services of Racecars44.com or Racebikes44.com.

3. Each participant can delete his user account himself. Ads posted online will be automatically deleted and Racecars44.com or Racebikes44.com will not refund them.

4. Racecars44.com or Racebikes44.comcom reserves the right to terminate the User in the event of termination within 14 days.

§ 7 Changes to the Terms and Conditions ÖB

Racecars44.com or Racebikes44.com can propose changes to the terms and conditions to the participant at any time. Changes will be offered to the participants no later than 30 days before the proposed date of their effectiveness in writing (eg by e-mail). Participant approval will be deemed accepted if the refusal is not displayed in the form of Racecars44.com or Racebikes44.com prior to the proposed effective date. If you do not accept the changed terms and conditions, the user is at any time the opportunity to terminate without notice. The participant knows about the right of refusal, the deadline and the possibility of termination. Changes to the terms and conditions are displayed as additional text publicly on the website.

§ 8 Requirements for the content and presentation of the advertisements

1. The user undertakes to advertise his vehicles, spare parts, trucks, karts, motorcycles in the categories provided for this purpose. Only the sale and request of motor driven machinery and motor vehicles are allowed.

2. The user is obliged to provide his information according to the truth. Tip Errors in wrong categories as well as in the text content have to be checked. Errors are to be changed immediately in the menu item Edit advertisement.

3. Photos may serve which for displaying the vehicle or advertisements design may only be used on Racecars44.com or Racebikes44.com photos that have been made by the user and not injured third party rights. The photos are used to show the condition of the vehicle and must not be misleading. Catalog Images must be marked separately.

4. The advertisement must describe in which state the object is located. New Used is to indicate selection. Replacement engine or revision of engine, transmission and vehicle is an important point that can lead to faster sales. Vehicles that are to be restored or offered as a hobbyist vehicle are excluded. This should be specified in the sales text.

5. Sellers who sell their vehicles commercially or privately must always state in the advertisement whether the vehicle is for sale privately or commercially.

6. It is forbidden to offer several vehicles in one advertisement.

7. The same vehicles multiple times from different sellers to Advertise is not allowed.

8. The seller should be able to create a purchase contract for punctual handover. And deliver on the agreed date.

9. The visual appearance and content of an advertisement must not violate legal regulations or good morals. Copyright Legal and trademark law must be observed by the traders of the Telemedia Act (Imprint) and Competition Law.

10. Additional links on other websites are not permitted. These links or videos contain additional information about the offered vehicle.

11. Telephone numbers of hotlines that are charged are not allowed.

§ 9 Responsibility for the content of the advertisements

1. Each participant who places an ad is responsible for the content. Racecars44.com or Racebikes44.com does not check the accuracy of the content. Racecars44.com resp. Racebikes44.com assumes no liability for the content.

2. Any liability and / or correctness of the advertisements of a user excludes Racecars44.com or Racebikes44.com.

3. In particular, Racecars44.com or Racebikes44.com excludes any warranty and liability that contracts for sale concluded via an advertisement on Racecars44.com or Racebikes44.com. In particular, under the law of a country in touch, are unenforceable or in other ways at both parties to the contract of sale leads to disadvantages, Economic and Legal.

§ 10 Databases, Update, Admin, Ads Deleting, Data Backups

1. In order to ensure that the advertisements platform is up-to-date, we are very interested in the fact that users delete their advertisements after the sale of the vehicle without obligation.

2. Each user is responsible for storing information stored on the services of Racecars44.com or Racebikes44.com as evidence or bookkeeping or for any other reason on a storage medium itself to archive independently of Racecars44.com or Racebikes44.com.

§ 11 Manipulation and disruption of system integrity / way of using the Racecars44.com or Racebikes44.com service of search of vehicles.

1. It is not allowed to search for vehicles using search software and to bypass the search options on the website of Racecars44.com or Racebikes44.com. Linking or extracting to other websites from advertisements on Racecars44.com or Racebikes44.com is prohibited. The use of robots, data mining or other data collection techniques is prohibited. The infringer of the protection right §§ 108 ff. Of the copyright law has criminal consequences. Any interference with unauthorized interference with related rights will be prosecuted under civil law and will be prosecuted.

2. It is not allowed to block the services of Racecars44.com or Racebikes44.com from interfering or blocking or overwriting generated content or any other disruption to our services.

3. The user is not allowed in the ad to give misleading information, eg. , By using any brand name not related to the vehicle to lure customers via the used name via the search option at Racecars44.com or racebikes44.com. Keywords or spamming is prohibited. Keyword spamming is a term for name or the vehicle only partially describe.

§ 12 exemption

1. Each participant releases Racecars44.com or Racebikes44.com from all claims.
The third of the violation of their rights through advertisements or other use of Racecars44.com or Racebikes44.com or services the participant against Racecars44.com or Racebikes44.com claim. Each user assumes the costs of legal defense by Racecars44.com or Racebikes44.com including any lawsuit and court costs and legal fees itself. This does not apply if the violation of the right is not the responsibility of the participant.

§ 13 Warranty

1. If warranty claims are due to unexplained reasons, then Racecars44.com or Racebikes44.com is entitled to rectification. The duration of the ad can eg. To be extended.

2. In the event of force majeure, Racecars44.com or Racebikes44.com is exempt from this. This may be the result of technical faults, failure of the Gateway or communication faults or other operators. In particular, lawful labor-struggle measures also count by third-party or governmental action. Any claims against the user not by Racecars44.com or Racebikes44.com are not responsible, are excluded.

§ 14 Limitation of Liability

1. Racecars44.com or Racebikes44.com is liable to companies in the event of damage, be it in the case of a breach of contract, only in the case of its legal representatives, or in the case of employees due to gross negligence.

2. For consumers, Racecars44.com or Racebikes44.com is liable only in the case of gross negligence. In the event of a breach of the contractual obligations of Racecars44.com or Racebikes44.com or the impossibility to provide services, the legal representative is liable for guilty behavior.

§ 15 rights of use or copyrights

1. All images and logos, texts are copyrighted by racecars44.com or Racebikes44.com. The rights to Racecars44.com or Racebikes44.com or the author and the user remain untouched. The user has the opportunity to freely dispose of his data.

§ 16 Exercise of rights by third parties, contract takeover

1. Racecars44.com or Racebikes44.com may serve for the purpose of exercising and fulfilling the purposes arising from this contract. Racecars44.com resp. Racebikes44.com is entitled with a notice period of four weeks to transfer its rights and obligations under this contractual relationship partially or completely to a third party. In certain cases, the participant is entitled to terminate the license agreement. For this purpose, the subscriber can delete his user account at any time.

§ 17 place of performance, validity of German law, jurisdiction, consumer arbitration

1. As far as the participant of the user account is an entrepreneur, the contract of use, including these General Terms and Conditions, is exclusively subject to the law of the Federal Republic of Germany in application and interpretation. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1998 is excluded.

2. As far as the participant of the user account is a consumer, the contract of use including this AGB-ÖB shall be governed by the law of the Federal Republic of Germany, insofar as no mandatory statutory provisions, in particular consumer protection regulations, are in conflict.

3. If the participant of the user account is a merchant within the meaning of the German Commercial Code, Freiburg is the exclusive place of jurisdiction for all disputes arising out of or in connection with the user agreement including these terms and conditions. The same applies if the participant relocates his domicile abroad after conclusion of the contract or has no general place of jurisdiction in Germany.

4. For participants who are consumers, a place of jurisdiction is the place of residence of the participant. For all disputes arising from the user agreement and these terms and conditions, additional place of jurisdiction for consumers resident in Germany is Freiburg.

5. Racecars44.com or Racebikes44.com is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board (section 36 (1) no. 1 VSBG).

§ 18 Severability clause

1. If any provision of these terms and conditions ÖB is ineffective, the remaining provisions remain unaffected. The ineffective provision shall be deemed to be replaced by one that comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to possible regulation gaps.