Privat User Terms

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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.

THE RIGHT OF WITHDRAWAL

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: support@mr-prime.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.

THE CONSEQUENCES OF A WITHDRAWAL

If you choose to withdraw from your contract with Mr.PRIME, you will receive a refund for all payments you have made. This includes the delivery costs (with the exception of the additional costs that have resulted from your choice of a different delivery method for the most cost-effective standard delivery). The refund will be made within 14 days of the date on which we learn that you are exercising your right of withdrawal. Refunds will be made using the same payment method that you previously used for the transaction, unless you have explicitly opted in to another payment mode. In no case will you be charged for the refund. If you apply for services during the withdrawal period, you must pay us in proportion to the services provided until you have informed us of your decision to withdraw from the contract, compared to the full coverage of the contract.

§1 GENERAL

  1. 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.
  2. 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.
  3. 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.
  4. The Terms and Conditions for the Business Account only govern the use of the Business Account.
  5. 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.
  6. 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.
  7. 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.

§2 SCOPE OF OUR SERVICE

  1. 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.
  2. 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.
  3. Participants are entitled to use the Mr.PRIME Service and its operation only to the extent defined by the current state of the art.
  4. 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.
  5. Technical reasons may mean that the retrieval of activated ads is not or only partially possible (unpredictable system failures).
  6. In these general terms and conditions for private customers §14 and §15 remain unaffected.

§3 CUSTOMER ACCOUNT AND REGISTRATION

  1. 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.
  2. Only private and legal persons who are able to participate fully in legal transactions may register. Registration is strictly prohibited for minors.
  3. 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.
  4. 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.
  5. The stored customer data from the registry must always be checked by the customer and updated in case of changes in the customer area.
  6. 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.
  7. Mr.PRIME is entitled to delete existing user accounts if the participant has not logged in for a period of more than 12 months.

§4 GUIDELINES FOR ADVERTISEMENTS

  1. 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.
  2. 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.
  3. 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.
  4. The respectively due advertisement costs are presented to the participant before the activation or extension of an advertisement.
  5. 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.
  6. 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.

§5 FINANCIAL

  1. Due costs are always billed electronically. The following options are available to the participant to pay the open costs.
    1. PayPal
    2. Stripe
    3. CreditCard
    4. SEPA-direct debit procedure
  2. 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.
  3. 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.

§6 MEASURES FOR DELETING AND BLOCKING

  1. 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:
    1. Admonition of the participant
    2. Delay or delete attendees‘ ads and other content
    3. Block the participant for a certain period of time.
    4. Limit the use of the Mr.PRIME service
    5. Irrevocable blocking of the participant
  2. 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.
  3. 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.
  4. 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.
  5. A suspended participant may no longer use the service of Mr.PRIME or create a new account.
  6. 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).
  7. The license agreement can be terminated at any time by Mr.PRIME; The notice period is 14 days. The right to suspend remains unaffected.

§7 CHANGES TO THE GENERAL TERMS AND CONDITIONS FOR PRIVATE CUSTOMERS

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.

§8 LAYOUT AND CONTENT REQUIREMENTS FOR ADS

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.

  1. Private participants can only offer vehicles for sale.
    1. Sale Advertisement
  2. In general, however, there are the following options to record an advertisement that is available to our business customers.
    1. Sale Advertisement
    2. Request Advertisement
    3. Rental Advertisement
    4. Event Advertisement
    5. The following types of advertising are prohibited:
    6. Promotion of a service.
    7. Sale or promotion of software.
    8. Purchase of vehicles or other items.
    9. Sale of accessories or spare parts for vehicles.
    10. Acceptance of finance leases or sales contracts in relation to vehicles.
    11. Termination of the right of use, a form of financing or a leasing or hire purchase contract.
  3. 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“.
  4. 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.
  5. If a vehicle is offered only to foreign or domestic business buyers, they must be marked accordingly.
  6. With an advertisement can be advertised only for a vehicle.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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).
  13. 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.
  14. Participants may not include service numbers in their advertisements, particularly the (0) 180 and (0) 900 numbers which are relatively expensive for callers.

§9 GUIDELINES FOR ADVERTISING CONTENT

  1. 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.
  2. The ads must not contain any sexual, radical or otherwise illegal or illegal content.
  3. Mr.PRIME accepts no liability or guarantee for compliance with the statutory provisions, based on the content administered by the participants.
  4. 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.

§10 DATABASES AND ADVERTISING

  1. 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.
  2. 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.

§11 USE OF MR.PRIME

  1. 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.
  2. 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.
  3. 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.

§12 COMPENSATION

  1. 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.

§13 WARRANTY

  1. 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.
  2. 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.

§14 GUIDELINES FOR LIMITATION OF LIABILITY

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

§15 RIGHTS OF USE AND COPYRIGHT

  1. 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.

§16 CONTRACT TRANSFER AND ASSERTION OF RIGHTS BY THIRD PARTIES

  1. 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.

§17 JURISDICTION, DISPUTE RESOLUTION, GERMAN LAW, PLACE OF PERFORMANCE

  1. 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.
  2. 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.
  3. 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.
  4. Mr.PRIME is neither obliged nor willing to participate in a dispute resolution procedure before a body dealing with consumer dispute resolution.

§18 SEVERABILITY CLAUSE

  1. 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.

Business User Terms

  • Coming soon

If you represent a business and have registered a corresponding entrepreneur account for Mr.PRIME services, the following terms and conditions governing use of the business and services provided by Mr.PRIME apply.

 

The validity of these terms and conditions begins on 5 July 2019.

 

The following General Terms and Conditions for Business Customers regulate the contractual association of Mr.PRIME and the users (hereinafter referred to as „Participants“) of the entrepreneurial area of the Mr.PRIME website as well as of mobile and local apps and services (hereinafter referred to as „Mr.PRIME Service „).

 

The Code for the online car trade also applies to the use of the Mr.PRIME service.

By registering with Mr.PRIME and agreeing to these General Business Terms and Conditions, you also agree to the validity of the Code on the International Car Trade.

§1 GENERAL

  1. Mr.PRIME uses databases that can be accessed by participants and visitors of Mr.PRIME via the Internet. Advertisements for the sale or rental of motor vehicles can be advertised for a fee via the so-called business sector (this is the “advertising function”). The advertised motor vehicles can be found on the website via the search masks provided.
  2. The general terms and conditions for the commercial enterprise area mentioned here regulate the relationship between Mr.PRIME and the participants, who use the entrepreneurial area of the Mr.PRIME and the offered databases. (We allow ads only for normal passenger cars.) Conflicting terms and conditions of a participant that contradict the current terms and conditions of the business, are considered invalid.
  3. The general terms and conditions for the private customer account exclusively regulate the use of the Mr.PRIME service for private customers.
  4. Mr.PRIME offers only the technical requirements in the form of databases, through which information (ads) can be provided without affecting the information (ads) in any way. Please note that Mr.PRIME in no case act as providers of vehicles themselves, which can be viewed on the website of Mr.PRIME.
  5. Mr.PRIME does not matter in the relationship between the party that wants to buy / rent (prospective), and who wants to sell / rent (vendor), neither as a party representative nor as an intermediary.
  6. All agreements that began as a result of an advertisement of Mr.PRIME will be implemented and completed without the participation of Mr.PRIME.

§2 SCOPE OF OUR SERVICES AND SUBJECT OF THE CONTRACT

  1. The commitment of Mr.PRIME is to offer an input form for new ads and to activate the newly acquired ads. Furthermore, for Mr.PRIME there is an obligation to keep the activated advertisements (advertisements) available over the Internet for an agreed period of time.
  2. Participants may include as many ads as they wish in the databases of Mr.PRIME. Mr.PRIME offers a wide range of service packages as well as additional services for the participants. The use of additional services is chargeable and depends on the latest price list of Mr.PRIME for traders.
  3. Mr.PRIME publishes the active ads of participants and their own Mr.PRIME service itself and with the help of third parties. Displays or parts thereof can be used as follows.
    1. On websites
    2. In software applications
    3. In print media
    4. In television advertising
    5. In radio advertising
    6. In newsletter campaigns via e-mail
  4. With Mr.PRIME, third parties can also advertise their services and products on Mr.PRIME. For this purpose, Mr.PRIME can provide third parties access to content, information and data of Mr.PRIME databases and services. Under these terms and conditions, Participant grants Mr.PRIME the right to use the information collected by the subscriber worldwide free of charge, non-exclusive, irrevocable, indefinite and sub-licensable as follows
    1. Offline and online use
    2. Any number of times to reproduce
    3. Publish online on websites
    4. Adaptation and exhibition of contents
  5. The adaptation of the content is defined below. This license includes in particular:
    1. Right to combine content with other content and promotional materials and to use this combination of contents in accordance with this Agreement.
    2. Right to reproduce and / or duplicate content in print media, sound carriers or on digital and analogue media.
    3. Right to enter and store content in databases and all other current storage media.
    4. Right to use and present content in presentations for internal purposes and public events.
    5. The right to adapt the content by own employees and / or by commissioned service providers.
    6. The right to modify the content includes any kind of modification (increase, reduce).
    7. Details or content are changed during the modification that the participant communicated in his advertisement.
    8. The right to the meaningful translation of the contents, for the use of the advertisement on foreign platforms.
  6. The participant hereby confirms that he is the owner or authorized to use the contents without restrictions.
  7. The service of Mr.PRIME and their additional services can only be used in accordance with the current state of the art.
  8. If the participant uses / deposits the vehicle identification number (FIN / VIN) to register an advertisement, the participant authorizes Mr.PRIME to permanently store this FIN / VIN number for service optimization and to make it available to third parties. By entering this vehicle identification number, the participant undertakes to provide truthful, valid and suitable information for the advertisement. In the event of a breach of this condition, Mr.PRIME reserves the rights, other than the reimbursement of costs incurred.
  9. The use of the core function as well as all special features of the Mr.PRIME website can be made conditional by Mr.PRIME before the participant can create / publish his ads. Some examples are listed below for a better understanding.
    1. Completed requested fields
    2. Safety precautions (password)
    3. Commercial proof uploaded
    4. Checking the scope and type of use
    5. Credentials
  10. Mr.PRIME reserves the right to temporarily restrict the placement or retrieval of advertisements if required to do so due to capacity constraints, server integrity or security concerns, or the implementation of technical measures, and this contributes to the proper or improved deployment. Mr.PRIME will consider the valid interests of all users by expressly notifying them before taking any such action.
  11. Mr.PRIME has the right to test modified or new features and functionality with specific user groups to improve the user experience to a reasonable extent, taking into account the valid interests of Mr.PRIME. This can lead to subscriber-dependent differences in presentation.
  12. Mr.PRIME has the right to limit how many records can be imported by a participant in a day, if this is necessary for technical reasons. This is especially true for data transmission over interfaces provided by Mr.PRIME for this purpose.
  13. For technical reasons, retrieving activated ads may either be partially or not possible (unpredictable system outages).
  14. In the current general terms and conditions for the commercial sector, the articles 14 and 15 remain unaffected.

§3 USER ACCOUNT AND REGISTRATION

  1. For the first registration of a commercial entrepreneur account, the company name, first name and surname of the managing director, e-mail address and password are recorded. This creates an automated, preliminary and initially inactive account. The participant will receive an activation link to the deposited e-mail address following this registration. With this access data (e-mail address & password), the participant can already log in and is now able to fill in the remaining mandatory fields of his participant account. A subscriber account will only be activated after completing the participant profile (mandatory fields) to enter new advertisements. For complete activation of the participant’s account all mandatory fields must be completed truthfully. A Mr.PRIME employee receives an automated notification as soon as a participant has entered all mandatory fields in his customer account, and can activate this after successful verification. By subscribing to Mr.PRIME, using Mr.PRIME’ subscriber data and finalizing activation of the participant’s account by a Mr.PRIME employee, a contract between participants and Mr.PRIME will be made in accordance with the current Terms and Conditions for Traders, to use the Business area closed. Participants with multiple locations (affiliate, affiliate, and other locations) are required by the current terms and conditions to register each site separately with Mr.PRIME as needed. Each of these locations will be billed individually by Mr.PRIME. Transferring a participant’s account or sharing the access data with other participant branches for parallel use is not permitted.
  2. The final activation of a participant account is at the discretion of the Mr.PRIME employee. If the subscriber account to be checked is activated / declined, the participant will be informed by e-mail.
  3. To register a participant account with Mr.PRIME, only legal persons who are able to participate fully in legal transactions are admitted. Registration is strictly prohibited for minors. Mr.PRIME assumes that the person who logs on has the authority to conclude such agreements on behalf of the participant.
  4. The person registering must provide accurate and truthful information in the customer’s account.
  5. The participant should inform Mr.PRIME about any changes to the data after registration directly by e-mail.
  6. The participant must always check all customer data for accuracy and keep it up to date.
  7. It is the participant’s duty to keep his access data secure and free from third party access. If there are indications that their access data has been misused by third parties, the participant must immediately notify Mr.PRIME. This also applies to all existing user accounts that a subscriber manages in parallel for his location.
  8. Mr.PRIME employees must never ask the subscriber by phone or e-mail for their password and have no right to pass the password of a participant to third parties.
  9. All activities that are carried out via the access data of the user accounts of the participant are solely the responsibility of the participant, for which he is also liable. However, if there is no violation of the careful storage obligation, the participant is not liable.

§4 MEASURES FOR DELETING AND BLOCKING

  1. If a participant violates the current terms and conditions for commercial use, against legal provisions or against third parties or for any other legitimate reason, Mr.PRIME has the right to take measures such as the following
    1. Participants will receive a reminder in the form of an e-mail
    2. Disabling / deleting subscriber advertisements from the Mr.PRIME database
    3. Delay of new listings from the Mr.PRIME database
    4. Limited use of Mr.PRIME services
    5. Temporary or permanent deactivation of subscriber accounts
  2. If one of the above measures has to be taken, Mr.PRIME always selects them taking into account the legitimate interests of the participant in question and, in particular, checks whether the participant is not to blame.
  3. If the content or the layout of advertisements or other content breaches the current terms and conditions for the commercial sector (especially §7), against statutory provisions or against the rights of third parties, Mr.PRIME is entitled to irrevocably delete such advertisements / content.
  4. A subscriber may be temporarily suspended for use of the Mr.PRIME services. This means for the participant that a registration on Mr.PRIME is no longer possible and the activated advertisements are deactivated.
  5. In the event of late payment, cancellation of the direct debit authorization or return debit, all advertisements of the participant will be temporarily deactivated and thus can no longer be found by site visitors to the Mr.PRIME website.
  6. In the event of serious or repeated violations of the current Terms and Conditions of Business for Participants or any other solid cause, Mr.PRIME may permanently block the subscriber from using the Mr.PRIME services.
  7. The contractual agreement between the participant and Mr.PRIME may be properly terminated by each party within 2 weeks of the end of the month. In this case, an e-mail notice of termination may be sent to support@mr-prime.com or in writing to Mr.PRIME, Fasanenweg 40, 74080 Heilbronn, Germany, sufficient. However, the customer also has the option to delete his account with a delay of 30 days or immediately. The deletion after 30 days gives the customer the advantage that a reactivation of the old account and the associated advertisements would be possible. After 30 days all the participant data will be irrevocably deleted from the databases of Mr.PRIME according to the GDPR.
  8. If a contract, after previous blocking, deactivation by Mr.PRIME or cancellation by one of the parties, between the participant and Mr.PRIME resumed and furnished, then Mr.PRIME has the right, for the re-establishment / activation a suitable and depending on the amount required.

§5 PAYMENT, ACCOUNT AND COMPENSATION POLICIES

  1. The calculation of the participation fee for the past month is based on the valid price list; The exact number of paid advertisements is carried out with an average value each on the night of the month change. After successful determination of the mean, the participant will receive his immediately due invoice via e-mail. Invoicing is done exclusively by electronic means. The total amount displayed in the invoice is due for payment immediately upon receipt of the invoice.
  2. To use additional services / features of Mr.PRIME, the subscriber must pay additional fees to Mr.PRIME. Depending on the service, the participant can either subscribe directly to Mr.PRIME partners or directly to Mr.PRIME. Regardless of the service provider, the calculation is done by Mr.PRIME themselves. The special conditions, the scope of services and the amount of the individual fees depend on the currently valid price list.
  3. If Mr.PRIME delete a Participant Advertisement because the Participant violates this General Terms and Conditions for Business, in particular Section 4, the Participant has no right to any refund or credit to any payments already made relating to the canceled listing. Should the participant be able to prove that no damage or substantially lower amount has occurred, a credit / repayment will be reviewed. The monthly average of active advertisements is therefore carried out with the deleted advertisement and taken into account.
  4. The monthly fees can be paid through various payment options. For this we provide the following to our participants.
    1. PayPal
    2. Stripe
    3. Credit card
    4. Bank Transfer
    5. SEPA Direct Debit
      PayPal, Stripe, credit card and classic bank transfer are available to all participants right from the start. After the automatically generated invoice has been created for the respective participant account, the invoice amount is due for payment with a term of 14 days. Active participants with a minimum membership of over one year, we also offer the SEPA direct debit. In order for a subscriber to be able to use this SEPA payment option, it is necessary for the subscriber to grant Mr.PRIME a corresponding SEPA direct debit mandate.
  5. Participants who pay their bills via the SEPA direct debit procedure will be informed about the upcoming debit min. 5 days before due date informed by invoice. Accordingly, the deadline for SEPA pre-notification is reduced to 5 days. With this payment option, the participant must always ensure a sufficiently covered account.
  6. All costs incurred as a result of failure to collect by direct debit due to a reason for which the participant is responsible shall be borne by the participant. The participant can assert that the costs did not arise in the specified amount or that no costs were incurred.

§6 CHANGES OF PRICES OR TERMS AND CONDITIONS FOR THE ENTREPRENEUR AREA

  1. Should the prices change, all affected participants will be informed in good time so that the contractual relationship can be terminated by the participant in compliance with the period of notice stipulated in the contract. If the participant does not terminate the contract until the price change becomes effective, the price change becomes binding for both parties. Invoicing takes place at the changed prices.
  2. Changes to these terms and conditions for the business sector can be offered with a period of 2 weeks. The changes will be notified by e-mail no later than 2 weeks prior to their implementation. The offered changes are considered as accepted, if not before this a contradiction against the offer in the text format (E-Mail) was inserted. At the time the change offer is announced, the participant will be informed about this result.

§7 LAYOUT AND CONTENT REQUIREMENTS FOR ADS

  1. Currently, Mr.PRIME offers two categories of ads: sale and rental. The participant must decide before the advertisement creation whether the vehicle is to be rented or sold. Depending on the advertisement category, the input fields adapt during the recording of new advertisements, which allow the participant to record the most detailed advertisement possible. The entrant is prohibited from advertising sales promotions in the Rental and Letting Advertisements category in the Sales category. The advertising of motorcycles, trucks, trailers, forklifts or agricultural vehicles is expressly prohibited. Only ads for passenger cars are allowed.

    The following types of advertisements are not allowed:

    1. Promotion of a service.
    2. Sale or promotion of software.
    3. Purchase of vehicles or other items.
    4. Sale of accessories or spare parts for vehicles.
    5. Contract transfer for the sale or lease of vehicles.
    6. Termination of the right of use, a form of financing or a leasing or hire-purchase agreement.
  2. The registration of sales advertisements is only allowed if the residual value of the vehicle to be sold is at least € 100,000.
  3. The registration of rental advertisements is only allowed if the original new car value was at least € 100,000.
  4. The advertising of new vehicles can be associated with additional requirements.
  5. The participant is generally obliged to collect truthful and complete information from the vehicle. This includes, for example, information on mileage, date of registration, price and any legal relationship with the vehicle. If an exchange engine has been installed in the vehicle, the advertiser is obliged to state the actual mileage incl. All engines installed before in the advertisement description. If incorrect vehicle information has been reported due to an error, it must be corrected as soon as it is detected.
  6. At the time of entry, the participant should inform about the exact condition of the vehicle, in particular if the vehicle has significant, unrepaired damage. Vehicles with significant damage should be marked by the participant with the provided and appropriate options. 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 are either non-repairable or disproportionately expensive, so repairing makes no commercial sense. Minor damage is not affected and must therefore 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 of accident vehicles can only be detected if the corresponding search option was selected during the search.
  7. If a vehicle is offered only to foreign or domestic business buyers, they should be marked accordingly.
  8. The offer of several vehicles in an ad is not allowed.
  9. The offer of vehicle packages is not permitted.
  10. Participants who wish to rent or sell their vehicle may enter it once in each category.
  11. A vehicle (FIN number) may not be recorded multiple times in one category at the same time. This also applies to participants with multiple branches. Exceptions are advertisements which refer to new vehicles
  12. In the period in which an advertisement is accessible to all site visitors, the participant must ensure that a legally binding rental or purchase agreement can be concluded immediately with the tenant and without delay and as specified in the ad for a defined availability period / delivery date or transfer .
  13. All advertisements must contain images for the visualization of the advertisements. Participants must ensure that they upload to the Mr.PRIME database only images that are not affected by third party rights or copyrights and that they may use them without restrictions. 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 clearly specify this in the advertisement description.
  14. Special features such as deficiencies should be clearly highlighted by means of images.
  15. The advertisements must not offend against the good manners nor against the legal regulations regarding contents, used words, layout and purpose. Business users must comply with the Trademark Law, the Copyright Law, the Fuel Consumption Labeling Regulation for Motor Vehicles and the Telecommunications Services Act.
  16. The vehicle prices given by the participants should be correct and honest. Ads with misleading or inaccurate prices are not allowed. Furthermore, the price regulation must be followed, which describes that only final prices incl. The applicable VAT and other price components are to be specified. Misleading prices are not allowed.
  17. Inserting external links to other websites, services, and information sources into an ad is generally not allowed unless there are legal grounds for doing so. Also included here are links that represent non-activated URLs and e-mail addresses as well as parts of them. However, subscribers may provide links to their own externally hosted vehicle images or other informative files in the ad text, as long as they include more details about the vehicle they advertise. Participants may also upload additional media files to the website in order to provide visitors with a better understanding of the vehicle offered.
  18. Subscribers may not specify / deposit service numbers in their advertisements or subscriber accounts, in particular telephone numbers such as (0) 180 and (0) 900 numbers, which are relatively expensive for callers.

§8 DATA PROTECTION

  1. The personal data of the site visitors, which the participants receive by various means (contact forms), may only be used to process the current inquiry without the consent of the site visitor. If participants want to use the data received for further purposes, the consent of the site visitor must be obtained. Without the consent of the site visitor, the further use of his data is prohibited. The privacy policy of Mr.PRIME also applies in addition to these general terms and conditions for the business sector.

§9 GUIDELINES FOR ADVERTISING CONTENT

  1. For the quality of the advertisements, measured by the content, only the participant is responsible. Mr.PRIME can not check all advertisements for accuracy and completeness and is therefore not responsible, and can not be held responsible.
  2. When using an interface to submit entire listings or the total vehicle inventory from your own system, participants must verify that their data has been correctly and completely transmitted to Mr.PRIME. Since the technical specifications may vary depending on the file format, Mr.PRIME can not guarantee the accuracy and completeness of the data. If the transmission of new advertisements of the participant is carried out by a service provider, selected by the participant, the participant is nevertheless liable for the transmitted content, the completeness and the correctness. Mr.PRIME recommends in all cases the use of the provided format to guarantee a smooth upload. Mr.PRIME is not obliged to post and publish advertisements that do not conform to the current format. Advertisements that are created via the interface, but do not correspond to the defined format, are treated as paid advertisements and are therefore included in the monthly billing.
  3. Mr.PRIME offers no guarantee, assurance or guarantee that the advertisements and their contents comply with the statutory provisions.
  4. For purchase contracts that were prepared / completed on the basis of an advertisement on Mr.PRIME, Mr.PRIME can not assume any warranty, assurance or liability for the fact that they are free of defects according to valid and competent national law.

§10 UPDATE DATABASES, DELETE ADS, MANAGE, AND SEARCH FOR VEHICLES

  1. Mr.PRIME strives to keep its data up to date to ensure that searching for vehicles is streamlined and effective for users. Participants should be careful to remove advertisements for their vehicles that are no longer available for rental or sale. In order to make the search for vehicles with certain features more comfortable, Mr.PRIME searches the keywords of the page visitors from the free text search in all provided text fields, which could be used by the participant to the vehicle description.
  2. All participants should ensure that the vehicles they advertise on Mr.PRIME are up-to-date. You should regularly manage your business ads within two weeks. If the subscriber does not perform this administration within the specified time, Mr.PRIME will have the right to disable the subscriber’s ads for lack of updates, which means that the ad will no longer be visible to all site visitors. The participant can update and reactivate the ad.
  3. All participants should independently back up their data, including the photos of the vehicles, so that their ads can be restored in a timely manner in case of data loss. To create backups in the enterprise area, follow Customer Area -> Settings -> Backups.
  4. It is the responsibility of each participant to archive the information publicly available on Mr.PRIME on a Mr.PRIME independent storage device, if necessary for billing, verification or other reasons.

§11 USE OF THE MR.PRIME SERVICE

  1. The vehicle search may only be carried out with the means provided for it. A vehicle search with other methods that circumvent the provided funds and access the Mr.PRIME database are unauthorized search tools and are not permitted here. Extract, reuse, link and link to external websites from Mr.PRIME Content is neither partially nor completely allowed. The use of data collection and extraction programs and technologies such as the following is strictly prohibited If disregarded, the participant may be required to suffer criminal consequences.
    1. Robots
    2. Scraping
    3. Grabbing
    4. Data Mining
  2. Any activity that damages the Mr.PRIME in any way is strictly prohibited. Participants should not take any action that would excessively or uncommonly burden the infrastructure of Mr.PRIME. Participants may not modify or block the content created by Mr.PRIME. Participants must not disrupt or disturb the operation of Mr.PRIME in any way.
  3. The search function of Mr.PRIME allows the user to find the desired vehicles in a timely manner. To ensure that users 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. Manipulating the search results of the Mr.PRIME website’s search engine by misrepresentation, by adding a vehicle to an incorrect category, by technical methods (such as hidden HTML texts, spamming of keywords, illegal use of trademarks or brand names) or misuse of features Mr.PRIME are prohibited.

§12 COMPENSATION

  1. Mr.PRIME entrants agree to indemnify Mr.PRIME from any claims whatsoever against Mr.PRIME owned by third parties, infringement of third party rights as a result of affiliate advertisements, or the use of Mr.PRIME by the participant , could be claimed. The Participant also agrees to pay the costs of maintaining the rights of Mr.PRIME, including all sorts of legal and attorney fees. If and insofar as the participant is not responsible for the violation of rights, this does not apply.

§13 WARRANTY

  1. The contractual obligations of Mr.PRIME are considered fulfilled if the creation and retrieval of advertisements on an annual average of 95% was possible.
  2. 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 or events whose effects on the performance of the contract are not the responsibility of either party. Specific examples of such events are:
    1. Gateway and communication network failures of other providers
    2. technical difficulties
    3. official measures
    4. Problems of the network operators

§14 GUIDELINES FOR LIMITATION OF LIABILITY

  1. Mr.PRIME will only be liable for damages to companies other than Mr.PRIME or its legal representatives, officers, or interns acting with intent or negligence except for breach of essential contractual obligations. Important contractual obligations are those obligations the fulfillment of which enables the orderly fulfillment of the contract, of which the participants are typically dependent and whose violation endangers the achievement of the purpose of the contract.
  2. Mr.PRIME is liable only for grossly negligent and intentional behavior towards consumers. Mr.PRIME is liable for the culpable behavior of persons employed by Mr.PRIME to fulfill their obligations in case of breaches of important contractual obligations, such as the default of the debtor or if Mr.PRIME are responsible for the impossibility of fulfilling contractual obligations.
  3. Except for gross negligence or willful misconduct on the part of persons engaged in the performance of obligations at Mr.PRIME, the liability of Mr.PRIME is limited to the damage foreseeable at the time of the conclusion of the contract.
  4. Liability for indirect damages, such as profit losses, only applies to gross negligence or willful misconduct by persons employed by Mr.PRIME to fulfill their obligations.
  5. The above limitation of liability and exclusion of companies or consumers does not apply in cases where Mr.PRIME have provided special guarantees. Furthermore, the liability limitations are ineffective in cases where damage has occurred due to injury to health, limbs or the body, or the life or violation of mandatory statutory provisions.

§15 RIGHTS OF USE AND COPYRIGHT

  1. Copyright is governed by all types of text, information, company logos, images, data, programs that relate to advertising, and other types of content displayed on Mr.PRIME. In addition, the images that can be accessed via Mr.PRIME are also protected by copyright. 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.
  2. If Mr.PRIME tools or services are used to create new content for participants, this newly created content may only be used on the Mr.PRIME website. If necessary, to use this content on other websites, the participant must obtain a written approval of Mr.PRIME.

§16 JURISDICTION, GERMAN LAW, PLACE OF PERFORMANCE

  1. This user agreement, including these general terms and conditions for the business sector, is subject in its assessment and application exclusively to the law of the Federal Republic of Germany. The implementation of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1998 is excluded. The contract language is German.
  2. The venue is 74080 Heilbronn. In the event that it is a merchant within the meaning of the Commercial Code, the place of jurisdiction for claims of any kind from or in connection with the user agreement including these terms and conditions for the business sector Heilbronn. This also applies if the participant has no general place of jurisdiction within Germany or after the termination of the contract had his residence abroad.

§17 TRANSFER OF THE CONTRACT AND USE OF RIGHTS BY THIRD PARTIES

  1. Mr.PRIME can transfer the contract in whole or in part to third parties. The notification period is 4 weeks. In this case, a participant can terminate his contract concluded with Mr.PRIME on time.

§18 SEVERABILITY CLAUSE

  1. If individual provisions of these general terms and conditions for the business sector are wholly or partially invalid or invalid, this shall not affect the validity of the remaining provisions. Ineffective or ineffective provisions are replaced by statutory provisions. In the event that such law is not applicable to any particular case or causes an unacceptable result, the parties will negotiate to agree to provisions that are legally effective and that are as similar as possible to the ineffective or economic provisions.