Page Visitors &
If you have registered a private user account at Mr.PRIME, these Terms and Conditions apply.
These apply exclusively to private customers.
The validity of these terms and conditions begins on 5 July 2019.
The following general terms and conditions for private customers regulate the contractual merger of Mr.PRIME and the users (referred to as „participants“) of the private customer area of the Mr.PRIME website as well as of mobile and local apps and services (from here as „Mr.PRIME Service „).
The Codex for the online car trade also applies to the use of the Mr.PRIME service.
By registering with Mr.PRIME and agreeing to these terms and conditions for the private customer area, you also agree to the validity of the code for the car trade on the Internet.
You may withdraw from this contract without stating reasons within a period of 14 days, after which the revocation period has expired. To revoke this you must inform us by a clear declaration by mail or e-mail. Mr.PRIME, Fasanenweg 40, 74080 Heilbronn, Germany, E-Mail: email@example.com To ensure that you comply with the deadline for your right of withdrawal, you must inform us only by appropriate means of communication about your decision to exercise your right of withdrawal before the expiry of the withdrawal period.
- Mr.PRIME has databases accessed via the Internet. The private account serves both natural and legal persons, who can participate fully in legal transactions (from here on referred to as „participants“). Participants can set up advertisements for their motor vehicles for a fee via the private customer account (this is the „advertising function“). All site visitors can search the existing databases for these advertised motor vehicle advertisements (which is the „search function“). The Terms and Conditions defined here apply to the Mr.PRIME service for the Web, as well as to mobile and local applications and services (hereinafter referred to as „Mr.PRIME Service“). Some features and additional services may not be available to all Mr.PRIME visitors or may require the creation of a Mr.PRIME user account.
- The private account of Mr.PRIME is only for subscribers who are only private sellers, not for professional car dealers. The ads of professional car dealers may only be entered in their own business account of Mr.PRIME.
- These terms and conditions currently govern the relationship between Mr.PRIME and the participants who use the databases offered and provided as site visitors or as private customers with a residential customer account. We offer our databases only for normal passenger cars, not for commercial vehicles, RVs or motorcycles. Any participant’s terms and conditions contrary to or deviating from the terms and conditions of the participant shall be deemed invalid.
- The Terms and Conditions for the Business Account only govern the use of the Business Account.
- Mr.PRIME uses the provided databases to provide the necessary fundamental structure to create the advertising information (ads). The ads themselves are not changed here. Note that Mr.PRIME itself never acts as a seller.
- Mr.PRIME is always a neutral party and does not play the role of a mediator or representative in the relationship between vehicle vendor and vehicle purchaser.
- Any agreements that have begun as a result of an ad from Mr.PRIME will be implemented and completed without the participation of Mr.PRIME.
- According to the current terms and conditions, Mr.PRIME’s obligations include providing ad forms for ads, activating ads placed through the entry form, and ensuring that ads in the Mr.PRIME database are viewed through the Internet are available. In addition to these obligations, Mr.PRIME may, at its discretion, provide other services.
- Mr.PRIME promotes the advertisements of participants themselves and third parties, in particular by inserting advertisements or parts of them in software applications, on other websites, in print media, on television or on the radio, in emails. By uploading materials, including all content, data and information, to the Mr.PRIME databases, customers give us unrestricted rights to use the uploaded material. Mr.PRIME may grant third parties access to the materials provided to Mr.PRIME. Participant also agrees to a translation of its advertising for integration into software applications, third party websites and similar services.
- Participants are entitled to use the Mr.PRIME Service and its operation only to the extent defined by the current state of the art.
- To provide proper or enhanced functionality, Mr.PRIME reserves the right to temporarily restrict the placement or retrieval of ads, if required by capacity constraints, server integrity or security, or the implementation of technical measures. Fulfillment of the contractual services owed. The interests of all users of Mr.PRIME are always taken into account, especially by communicating such measures in a timely manner.
- Technical reasons may mean that the retrieval of activated ads is not or only partially possible (unpredictable system failures).
- In these general terms and conditions for private customers §14 and §15 remain unaffected.
- For private customers a free registration is required to use the Mr.PRIME service. Upon registration, Mr.PRIME and a participant enter into a Mr.PRIME Service Private Account Agreement (hereafter referred to as the „User Agreement“). Participants will not be entitled to the usage agreement conclusion.
- Only private and legal persons who are able to participate fully in legal transactions may register. Registration is strictly prohibited for minors.
- At the time of registration, the participant must provide complete and correct information. The participant should specify his status as a private seller. Completing the registration requires entering a valid email ID, selecting a password, and confirming the mobile phone number. The password should be protected and never shared with third parties.
- Should any changes be made to the information provided during registration in the future, the participant is obliged to update the information in his user account immediately and without delay.
- The stored customer data from the registry must always be checked by the customer and updated in case of changes in the customer area.
- The registration with Mr.PRIME is allowed only once per participant. It is prohibited to own or manage multiple user accounts at the same time. It is also not allowed to register another account with different data. A circumvention of this rule in any way is not permitted. An existing user account can not be transferred.
- Mr.PRIME is entitled to delete existing user accounts if the participant has not logged in for a period of more than 12 months.
- Private subscribers are allowed to run two different advertisements in the public segment of Mr.PRIME Service in parallel. If a participant violates the rule, in particular by setting up multiple user accounts, Mr.PRIME reserves the right to remove the ad. In case of renewed disregard of the GTC an extraordinary cancellation of the contract takes place.
- A subscriber can insert advertisements, departing from the selected packages, for different periods of time. The renewal of the advertisements is possible as often as desired. Expired advertisements remain in the database for a subsequent period of 30 days and can therefore continue to be found via the search mask.
- The advertising period selected by the participant always starts on the following day of the ad registration. The ad period is thus always calculated without taking into account the day on which the ad was recorded and inserted or renewed. The change of the day at 0.00 o’clock is the beginning of the advertising period. The advertising period is considered expired when the last day of the advertising period has expired.
- The respectively due advertisement costs are presented to the participant before the activation or extension of an advertisement.
- Changes to already recorded and published advertisements are generally free of charge and can be carried out via the participant section „My advertisements“. Paid changes are clearly visible as chargeable with the respective due price and can also be booked. Billing takes place after saving the changes.
- Active listings can be deleted by any participant at any time and without giving reasons. A refund of the already paid advertising costs is excluded, unless there has been a damage, which must be proven by the participant.
- Due costs are always billed electronically. The following options are available to the participant to pay the open costs.
- SEPA-direct debit procedure
- An invoice for the payment made will be sent to the participant after successful payment by e-mail. If the participant is offered the payment option SEPA direct debit, the invoice amount will be debited from the bank account of the participant at maturity. In this case, the participant will be informed of the settlement date and the total amount due 5 days before the debit. The participant must ensure that his bank account always has sufficient account balance. The payment for adding advertising to the database must be made before the advertisement is added to the database. The timely granting of direct debit authorizations for credit card or SEPA direct debits is therefore sufficient.
- In the case of a non-feasible debit, the participant bears the resulting costs and pays them to Mr.PRIME. If the cause of the unworkable debit is not with the participant, and this can prove this, no additional costs will be charged.
- If a participant violates the current General Terms and Conditions for private customers, thus also against statutory provisions or against third-party rights or against another legitimate reason (eg default in payment), then Mr.PRIME has the right to take measures such as the following:
- Admonition of the participant
- Delay or delete attendees‘ ads and other content
- Block the participant for a certain period of time.
- Limit the use of the Mr.PRIME service
- Irrevocable blocking of the participant
- Mr.PRIME decides on the measure taking into account the legitimate interests of the participant concerned and in particular check whether the participant is not at fault.
- If the content or layout of advertisements or other content violates the current General Terms and Conditions for private customers (especially Section 8), legal provisions or third-party rights, Mr.PRIME shall be entitled to deactivate or delete the advertisement. If Mr.PRIME deletes or deactivates an ad, the subscriber will still be required to pay for the ad if it is responsible for disabling or deleting the ad.
- A Participant may be irrevocably excluded from using the Mr.PRIME service by Mr.PRIME if the Participant commits a permanent and / or serious violation of the current Terms and Conditions for Private Customers or if there is another important cause.
- A suspended participant may no longer use the service of Mr.PRIME or create a new account.
- The user agreement can be terminated at any time and the user account can be deleted by the participants. A customer can delete their own account in the customer account area in the menu settings (with the option delete account).
- The license agreement can be terminated at any time by Mr.PRIME; The notice period is 14 days. The right to suspend remains unaffected.
Mr.PRIME may change the terms and conditions for private customers at any time. The changes will be communicated to all concerned participants in text format by e-mail no later than 30 days before the date on which the proposed changes are to be implemented. If the participant does not inform Mr.PRIME about their refusal of the notified changes in text format before the date on which the proposed changes are to be implemented, it is assumed that the participant has accepted the changes. If a participant does not agree with the changes, he reserves the right to terminate the contract without notice, up to the time when the proposed changes are to be implemented. If the participant does not accept the new terms and conditions, he will not receive a refund of the previously paid fee. When notifying the changes offered, the participant will be informed again about his right of withdrawal, the last refusal date and the termination option. The updated terms and conditions for residential customers will also be published on the Mr.PRIME website.
All participants are required to ensure that an ad for a vehicle is only shown in the designated area for that type of vehicle. Currently, there is only the market for ordinary passenger cars, not for commercial vehicles, motorhomes or motorcycles.
- Private participants can only offer vehicles for sale.
- Sale Advertisement
- In general, however, there are the following options to record an advertisement that is available to our business customers.
- Sale Advertisement
- Request Advertisement
- Rental Advertisement
- Event Advertisement
- The following types of advertising are prohibited:
- Promotion of a service.
- Sale or promotion of software.
- Purchase of vehicles or other items.
- Sale of accessories or spare parts for vehicles.
- Acceptance of finance leases or sales contracts in relation to vehicles.
- Termination of the right of use, a form of financing or a leasing or hire purchase contract.
- The vehicle details such as mileage, registration date, equipment information, related legal relationships and all other vehicle information are quality features of the marketplace. All participants undertake to record all details of advertisements completely and truthfully. In the event that the vehicle has a replaced engine, the display should inform about it as well as the actual mileage of the vehicle. For typos or incorrect information, the ad must be corrected immediately. All active and published advertisements can be edited via the customer area and the menu „My active advertisements“.
- The competitor should inform the user about the condition of the vehicle at the time the car is switched, especially if the vehicle has significant, unrepaired damage. To do this, the competitor should mark the vehicle with the appropriate options provided at the time the ad is shown. Significant unrepaired damage can include transmission and engine damage, as well as damage from traffic accidents or natural causes (such as water, fire, hail) that either can never be repaired or whose repair is very expensive. Minor damage is not included here and should be mentioned in the description text. The responsibility for the detection of known as well as repaired previous significant damage remains unaffected. Vehicles listed in this list can only be determined if the corresponding search option was selected during the search.
- If a vehicle is offered only to foreign or domestic business buyers, they must be marked accordingly.
- With an advertisement can be advertised only for a vehicle.
- Vehicles may not be published multiple times in a category at the same time. The multiple advertising of a vehicle through different customer accounts (distribution partners) is also prohibited.
- The rental companies are allowed to publish a rental car in the area of rental listings and to add an advertisement of the same car in the area of sales advertisements.
- During the lifetime of the ad, the subscriber should ensure that a purchase contract that is legally effective with respect to the advertised vehicle can be concluded with a party interested in the vehicle. Furthermore, the seller must ensure throughout the advertising period that the used car is available, or that the new vehicle is ready for delivery on the defined delivery date and the ownership of the vehicle can be transferred to the other party.
- The ads must contain images. Participants are encouraged to ensure that they provide the Mr.PRIME database with only those files that are not affected by third party rights, such as intellectual property rights, and that they may be used without restriction. The photos used should be a true picture of the advertised vehicle and in no way deceive. For images used from a catalog, the participant should specify this clearly. In addition to the photos, participants can also upload documents, videos and audio files, provided that they have the rights to this content.
- The advertisements may not violate the good customs nor the legal regulations regarding contents, used words, layout and purpose. Business participants should observe the trademark law, the copyright law, the competition law and the telemedia law which includes the imprint obligation.
- The prices given by the participants for the vehicles should be correct and honest. Ads with misleading or inaccurate prices are not allowed. In particular, compliance with the German price regulation is required, Article 1 (1) of which provides for retail prices (including all applicable prices and charges such as VAT or transfer costs).
- The inclusion of external links to other websites, services and information sources in an advertisement is generally not permitted unless the participant has the necessary legal reasons for doing so. Non-activated URLs and e-mail addresses as well as parts of them are also not allowed. However, subscribers may provide links in the ad text that refer to their own externally-hosted vehicle images or other informative files, as long as they contain more details about the vehicle they advertise or if disclosure of this information is required by law. Participants may also upload additional media files to give visitors a better understanding of the vehicle offered.
- Participants may not include service numbers in their advertisements, particularly the (0) 180 and (0) 900 numbers which are relatively expensive for callers.
- Each participant is responsible for his or her own advertisements. Mr.PRIME is not responsible for verifying the accuracy or completeness of participants‘ ads. Mr.PRIME therefore does not guarantee the accuracy and completeness of the ads.
- The ads must not contain any sexual, radical or otherwise illegal or illegal content.
- Mr.PRIME accepts no liability or guarantee for compliance with the statutory provisions, based on the content administered by the participants.
- In particular, Mr.PRIME has no warranty and is not liable in the cases that arise when the purchase contracts resulting from the ads on Mr.PRIME can not be enforced under national law or have a financial or legal disadvantage for either or both Contracting Parties.
- Mr.PRIME strives to keep its databases up to date to ensure that searching for vehicles is streamlined and effective for users. Participants should be careful to remove advertising for their vehicles that are no longer available for rental or sale.
- It is the responsibility of each participant to archive the information that is publicly available through Mr.PRIME Service and stored by Mr.PRIME, if required for billing, verification or other reasons. The device used to archive the information should be independent of Mr.PRIME.
- For Mr.PRIME, a vehicle search is only permitted with the help of Mr.PRIME, such as the search mask on the start page. Tools of any kind that bypass the tools provided by Mr.PRIME to access the database are not permitted. The services offered by Mr.PRIME may not be wholly or partially extracted or reused, in any way linked or linked and not integrated by the participants into another website. The use of technologies such as robots, data mining, data collection and extraction programs, scraping, etc. is strictly prohibited. In case of violations, the participant may be subject to criminal prosecution.
- Any activity designed to harm in any way the services offered by Mr.PRIME is strictly prohibited. Participants‘ actions that overburden the infrastructure of Mr.PRIME or that can not be tolerated by other users are not permitted and must be prevented. Modifying or blocking in any way, generated by Mr.PRIME content, the participants are not allowed. Participants should not interrupt the Mr.PRIME in any way.
- The search function of Mr.PRIME allows the user to find the desired vehicles in a timely manner. To ensure that visitors to the Mr.PRIME website get the right search results for their search terms, it’s important that the ad text contains a clear reference to the vehicle offered in the ad. The manipulation of the search results or the search function by false or ambiguous information, by advertising a vehicle in a wrong category, by technical procedures (such as hidden HTML texts, keyword spamming, brand names) or by the use of abusive functions of the Mr.PRIME service are forbidden.
- The Participant agrees to indemnify Mr.PRIME against any claims of any kind that could be asserted by third parties due to a violation of the rights of third parties by the advertisement of the participant or by the use of the participant of the Mr.PRIME service. The Participant also agrees to pay the costs of maintaining the rights of Mr.PRIME, including all sorts of travel, court and attorney fees. If and insofar as the participant is not responsible for the violation of rights, this does not apply.
- Mr.PRIME reserves the first right after fulfillment of the contractual obligations, if the participant is entitled to statutory warranty claims. To accomplish this, the ad period for the ad added by the subscriber in the database is extended.
- Mr.PRIME is not obliged to provide services in cases of force majeure. Any unforeseen or unforeseeable event shall be deemed to be force majeure and also events whose effects on the performance of the contract are not the responsibility of either party. Specific examples of such events include failure of third-party gateways and communication networks, regulatory actions, network operator issues, malfunctions, and instances where such events occur to subcontractors, subcontractors, and their respective subcontractors. other operators, etc. Participants are not entitled to any claims arising from errors for which Mr.PRIME are not responsible.
- With the exception of the violation of essential contractual obligations, Mr.PRIME shall only be liable for damages to entrepreneurs, insofar as intent or gross negligence is attributable to the legal representatives, executives or vicarious agents of Mr.PRIME. If important contractual obligations are violated by legal representatives, executives or vicarious agents, Mr.PRIME shall be liable for this.
- Mr.PRIME is liable only for grossly negligent and intentional behavior towards consumers. Mr.PRIME is however liable for the culpable conduct of persons employed by Mr.PRIME in the event of breaches of important contractual obligations, such as late payment by a debtor or if Mr.PRIME is responsible for the impossibility of fulfilling contractual obligations commitments.
- Except for gross negligence or willful misconduct on the part of persons engaged in the performance of obligations with Mr.PRIME, the liability of Mr.PRIME is limited to the damage foreseeable at the time of the conclusion of the contract.
- Liability for indirect damages, in particular for lost profits, will only be assumed in the case of gross negligence or willful misconduct by persons employed by Mr.PRIME to perform their duties.
- The limitations and exclusions of liability with respect to those mentioned above to businesses or consumers will not be applicable in cases where specific warranties have been made by Mr.PRIME, nor in cases where damage to health, body or health of life or violation of mandatory legal requirements.
- Copyright is subject to all types of text, information, company logos, images, data and programs, as well as other types of content related to ads used through the Mr.PRIME service. Altering, processing and using this content in third-party media is prohibited. The rights of the participant and the respective creator remain unaffected. Participants may use their own information and data without restriction.
- Mr.PRIME can transfer the contract in whole or in part to third parties. The notification period is 4 weeks. In this case, the participant has a special right of termination, which he can independently exercise by deleting the customer account in the customer area.
- These general terms and conditions for private customers are subject to the laws of the Federal Republic of Germany, should they not be contrary to consumer protection regulations or other statutory provisions.
- If the participant is a merchant within the meaning of the Commercial Code, the exclusive place of jurisdiction for all disputes arising out of or in connection with the user agreement, including these General Terms and Conditions of the private account, Heilbronn. This also applies if the participant after registration with Mr.PRIME carried out a prolongation of his residence from Germany to foreign countries.
- The place of jurisdiction for consumers is the place where they are domiciled as well as for all disputes arising from or under the terms of the contract of use and these General Terms and Conditions of Privat Account also Heilbronn.
- Mr.PRIME is neither obliged nor willing to participate in a dispute resolution procedure before a body dealing with consumer dispute resolution.
Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions. The invalidated provisions are primarily replaced by legally effective provisions that are as economically as possible ineffective with the invalid provisions. This also applies in the case of gaps in the terms defined in these Terms and Conditions. In case of dispute the general terms and conditions apply. The English version has been translated to the best of our knowledge and belief, but we can not guarantee 100% accuracy.