General Terms and Conditions (GTC)

Preamble

These General Terms and Conditions (GTC) contain the basic rules for the use of the services of GLOBAL SERVICES TV a.s., with the registered office at: Žilinská 7-9, SK-811 05 Bratislava, Company ID: 35 920 700, Registered in Commercial Register of the District Court Bratislava I, Section: Sa, File no.: 5858/B (hereinafter referred to as “Global”) and the principles of contractual relationships between the Global on the one hand and the users of the services offered by the Global on the other hand.

Global operates in cooperation with the company APE Ptacek Engineering GmbH, Bayerwaldstrasse 9, D-81737 Munich (hereinafter referred to as “APE”) an international trading platform under the name “CARTV”. It is a residual value exchange for determining a residual value in connection with liability and own-damage claims, predominantly in the motor vehicle sector. The companies APE and Global are members of the group of companies with close connections. Global also collects data provided by a third party regarding used items, mostly damaged by accidents in its trading platform. Based on this data, authorised Bidders can submit binding bids on the set items.

If the Owner wishes to sell the item on the basis of the bids submitted, Global offers the processing via the All4you ServiceCenter for the purchase/sale of the item. More information is available at cartv.eu.

These GTC apply without exceptions to all Adjusters, Owners and Bidders who use the services offered by the Global and record all services and legal relationships of the Global. They apply to all current and future business relationships.

All GTC of the contractual partners of Global are hereby expressly contradicted. Such other GTC shall not be binding on Global even if they were not expressly objected to at the time of conclusion of the Contract or the Contracting Party has provided for a special form for the objection. Deviating GTC of the Contracting Parties as well as collateral agreements are only effective against Global if they have been confirmed in writing by Global.

Global reserves the right to change these GTC, as well as the procedures and policies of the trading platform it offers, while preserving and taking into account the interests of users in the context of equity. Changes to these GTC are published by Global on the Internet and at the same time the Contracting Parties are informed about the changed GTC. Changed GTC become effective four weeks after notification of the change to the Contracting Party.

 

 1 Terms Definitions

 The following terms are defined for the purposes of these General Terms and Conditions as follows:

  1. “Users” are, without limitation, legally competent natural persons and legal entities that use the services of Global as an Adjuster, Owner or Bidder.
  2. “Adjusters” means insurers or their experts, vehicle experts or their organisations, leasing companies, fleet operators or commercial dealers or individuals connected to the CARTV system, who collect Global’s data on used or damaged motor vehicles, used accessories or other used items for the purpose of making this data available for the determination of a residual value and/or to mediate a sale in the CARTV system.
  3. “Bidders” are commercial accident vehicle dealers, car dealerships, workshops, other motor vehicle traders as well as certified recycling companies, who issue bids for the purchase of the discontinued vehicles via the CARTV system.
  4. “Sellers” are the owners of the vehicles which the adjusted data refers to.
  5. “Contracting Parties” are Adjusters, Owners and Bidders who use the services of Global/APE/CARTV.
  6. A “Bid” is the amount that the Bidder offers through the CARTV system for the purchase of a vehicle.
  7. The “Bid Binding Period” is the period declared by the Adjuster to the Global and specified in the CARTV system within which the Bidder is bound by the Bid. It is usually 30 days, but it may vary depending on the preferences of the Adjuster up or down.
  8. The “Bidding Period” is the period of time set by the Adjuster, during which the Global shall provide the bidding information for Bidders to notice and submit bids.
  9. “Surcharge” is the Owner’s decision to accept a specific bid.
  10. The term “Vehicle” means in these General Terms and Conditions used or damaged motor vehicles and used accessories and other used items.

 

2 Admission and Participation

 

  1. Use of the services offered by the Global requires the registration and assignment of a user ID by the Global. The registration takes place under complete and correct indication of the user-related data and presentation of a trade license in the car trade and a mandate to the participation in the SEPA direct debit procedure. Another prerequisite is the consent of the applicant to the validity of these GTC. For Contracting Parties from EU countries outside the Federal Republic of Germany, another condition is the notification of the corresponding valid foreign VAT identification number.
  2. Business Adjusters, provided with the admission to participate in the services offered by Global, are provided with the on-line access data or software required to use the system.
  3. Participation in CARTV as a Bidder requires the purchase of a CARTV trading system/access as well as compulsory contract handling via the All4you ServiceCenter. Furthermore, the Bidder must provide a digital telecommunications channel (e.g. ISDN or DSL) for the connection between the CARTV centre and himself.
  4. The admission takes place by notification by the Global via fax or email under announcement of the user identification and dial-up data.
  5. A claim for admission to the CARTV system does not exist.
  6. The Bidder is obliged to notify Global without delay whether the prerequisites for admission to the CARTV system no longer exist, for example due to the termination of the business license.
  7. In order to participate in the CARTV system as a Bidder, the Bidder must pay Global a monthly flat rate according to the current price list.

 

 3 Expiry of the Residual Value Exchange and Settlement via the All4you ServiceCenter

  1. Vehicles are offered for sale via CARTV. Bidders can place bids on these offered vehicles within the respective Bidding Period. The bids are binding, but there is no claim of the Bidder to acquire the bids.
  2. Global submits the bids received to the respective Adjuster after the Bidding Period has expired. Based on the information provided, the Owner can accept a bid. Upon acceptance of such a bid, an effective purchase contract is concluded between the Bidder and the Owner. All bids are final prices and may include VAT.
  3. The Global is neither a seller nor a buyer of the offered vehicles but is only an intermediary between Owner and Bidder. A purchase contract is concluded exclusively between the Owner and the Bidder, unless otherwise agreed in the contract.
  4. The purchase is performed exclusively through the All4you ServiceCenter and is free of charge for the seller. The All4youService Centre is authorised by the Contracting Parties to take all necessary measures to assert mutual claims arising from thecontract on behalf of the claimant.The All4you processing service is not valid for  cases of the “Dekra e.V., which were commissioned by private customers /garages and have a special identifier in the CARTV sky system. In these exceptional cases, the CARTV-All4you service is not part ofthe scope of service.

 4 Obligations and Liability of the Adjuster

 

  1. The Adjuster is responsible for the fact that the adjustment data provided by him, in particular photographs, drawings, descriptions and documentation, are free from third party rights and in particular that no industrial property rights of third parties are infringed. The Adjuster warrants that, as far as the data provided to the Global are from third parties, there will be relevant publication approvals in the CARTV system of the Global.
  2. The Adjuster exempts the Global from all claims, for whatever legal reason, resulting from any negligent or intentional violation of third party rights.
  3. The Adjuster is liable to Global and any purchaser for the accuracy of the information submitted to Global. This applies in particular to information about the condition of the individual vehicles, specified features such as accessories or extras. Insofar as Global is claimed by third parties on the basis of incorrect or incomplete information, the Adjuster indemnifies Global against all claims asserted.
  4. The Adjuster agrees that Global will announce the name of the Adjuster to the Bidder if the Bidder does not assert clearly unfounded warranty claims with respect to the vehicles sold, unless agreed otherwise between the parties.

 

 5 Obligations and Liability of the Bidder/Buyer

 

  1. The bids submitted via CARTV at the time when the Bidding Period expires are binding. The Bidder is bound by the predetermined Bid Binding Period of the Adjuster. The Bidder has the opportunity to change his bid during the Bidding Period. The option to change bids is provided in the CARTV-WebSKY applications. After the Bidding Period expires, bid changes will no longer be accepted, regardless of which CARTV system the Bidder uses. Only bid changes that can be stored in the CARTV system, taking into account the data transfer phase before the Bidding Period expires, are accepted. The Bid Binding Period starts on the day of submission. If the last day of the Bid Binding Period falls on Saturday, Sunday or a public holiday recognized by the state at the place of explanation or performance, the next working day shall replace such a day section 193 BGB – German Civil Code). In the cases cited in section 14 (2) of the GTC, the period according to section 122 of the BG expires on the next working day.
  2. The Bidder is obliged to check submitted bids carefully, including all details, and in particular to ensure the accuracy of the offered purchase price. The systems (online application or software) cause the Bidder to confirm the bid several times before the bid is transmitted to the Global. First by entering the bid, then by setting a check mark to confirm the bid and finally by submitting the bid, where all bids appear again and must be confirmed.
  3. The bids are final prices and may include VAT.
  4. By accepting the bid by the Adjuster or the Owner within the Bid Binding Period, an effective purchase contract is concluded with the Bidder. This then obliges the Bidder to pay the purchase price and to accept the vehicle. The place and time of collection must be clarified via the All4you ServiceCenter or directly with the Seller.
  5. The Buyer undertakes to pick up or collect the vehicle for which he has been awarded a contract at his own expenses within five working days of receipt of the Surcharge at the agreed location. If the Buyer is unable to pick it up within this period, he will bear the stand costs incurred at the location as of the 6th day. ,
  6. The written declaration of the bid acceptance shall also be effective against the Bidder as soon as it has been declared in writing to the Global or third party authorized to pick it up within the Bid Binding Period. This applies in particular when the acceptance of the bid to Global or third parties was declared on the last day of the Bid Binding Period but could not be notified to the Bidder by Global until the following day.
  7. If possible, the purchaser or persons commissioned with the collection must immediately check the vehicle for obvious deviations from the set descriptions. If the actual condition of the vehicle differs significantly from the information entered or the details given in the pick-up order, the Buyer is obliged to notify Global immediately. Any grounds for complaint must in any case be recorded in detail on the handover protocol and if possible acknowledged and documented with the inclusion of photographs. Corresponding forms can be obtained via Global.
  8. Complaints must be asserted immediately; in the sense of this provision, immediately means either immediately upon collection or in the event that the vehicle is picked up by a third party, immediately after the arrival of the vehicle to the buyer. The seller is to be granted the opportunity to do a follow-up inspection.
  9. A complaint is excluded if a follow-up inspection can be done for example by the interim resale of the vehicle only under difficult conditions or with disproportionate effort. This does not apply if the seller has demonstrably renounced his right to a follow-up inspection. A complaint is excluded if the purchaser or third parties have made changes to the vehicle after its handover, which are not only insignificant in type and scope.
  10. Renegotiations on the purchase price are prohibited at any time and can be considered as a fundamental breach of the contract. If claims for reduction are asserted, these must be declared to the Buyer and reported to Global by the All4you ServiceCenter.
  11. If the buyer is unable to pick up the vehicle within five working days of being awarded of the contract, he shall be obliged to inform Global immediately before this period expires. For the expiry of the period, section 193 BGB applies. In the cases cited in section 14 (2) of the GTC, the period according to section 122 of the BG expires on the next working day. Any costs incurred by the delayed collection shall be borne by the Buyer.
  12. If the vehicle is not picked up within 10 days, Global shall be entitled to re-add the vehicle to the CARTV system at the expense of the purchaser or to offer it for the purpose of damage reduction after a previous reasonable and vain period for collection. For the expiry of the period, section 193 BGB applies. In the cases cited in section 14 (2) of the GTC, the period according to section 122 of the BG expires on the next working day. Further claims for damages of Global or of the Seller are unaffected.
  13. If this has not already been done prior to pick-up, the Buyer is obliged to cancel the registration or transfer the purchased vehicle within five working days of pick-up or collection. For the expiry of the period, section 193 BGB applies. In the cases cited in section 14 (2) of the GTC, the period according to section 122 of the BG expires on the next working day. In this case, the costs for the removal or re-registration are to be borne by the Buyer, a corresponding certificate of cancellation or transfer must be sent to the Seller immediately. If it is not possible for the Buyer to cancel the registration or transfer the vehicle within the previously stated period of five working days, the Global is entitled to complete the cancellation. The Buyer is then obliged to submit all necessary vehicle documents and license plates to Global. The flat-rate costs of 120.00 EUR net are borne by the buyer, these are due after invoicing without deduction to the Global.
  14. The Buyer is obliged to pay the agreed purchase price for the vehicle without deductions according to the agreements in the purchase contract. If the sales tax can be stated separately, in the case of an export of the vehicle within the EU, the purchase price for the vehicle under presentation of the VAT ID no. shall be paid upon confirmation of the intra-community delivery minus the invoiced VAT. The Buyer commits himself to the Seller – within the confirmation of the intra-community delivery – that he/she transports the scope of supply/service to the EU country of destination and subjects it to the acquisition tax. If this is not adhered to, the Buyer undertakes to immediately inform the Seller. The Buyer also undertakes to send proof of the purchase tax in another EU member state or to provide proof of export from the EU for this case. In the case of a sale outside the European Union, the sales tax is to be invoiced to the Buyer as long as the Buyer has not proven the export from the European Union. If payment is made via the CARTV trust account, the VAT paid will be retained as security upon export of the vehicle to a country outside the European Union and credited and paid only after presentation of the complete export documents.
  15. Any bank charges must be borne by the Buyer. The same applies to any customs or export charges.
  16. For the payment method, the wishes of the Seller must be taken into account. Payment may be made by cash payment to the Seller within the applicable statutory cash payment limit, via the CARTV trust account or through bank financing.The Buyer ensures that it is available throughout the year during normal business hours Monday to Friday 9:00 am to 5:00 pm. If necessary, the Buyer is obliged to appoint a representative for Global in the Buyer absence.
  17. The Bidder is aware that the bids submitted by the Bidder are also used to determine a residual value. In this respect, the Global relies on the fact that the accepted bids can be processed at the offered price. Insofar as the Bidder violates its contractual obligations by not picking up the vehicle and/or by failing to pay the agreed purchase price, Global shall be entitled to disburse any differences resulting from a new adjustment or other sale to the owner of the vehicle and claim damages from the Bidder. In particular, the Global is entitled to pay the agreed purchase price to the seller and to be assigned by the latter the purchase price claim. This entitlement also applies to the payment of stand costs due to the fault of the Bidder.

 

 6 Obligations and Liability of the Global

 

  1. Global is obliged to include the data transmitted by the Adjuster in the residual value exchange. This obligation does not exist insofar as Global is aware that the data to be set is not free from third-party rights or that they contradict other statutory provisions and official requirements.
  2. Global is obliged to leave the data placed on the residual value exchange until the end of the Bidding Period.
  3. Global will forward the received bids to the Adjuster after the Bidding Period has expired.
  4. The liability of Global is limited to intent and gross negligence except for damage to life, limp or health. For slightly negligent breaches of duty of non-contractual obligations, the breach of which does not jeopardize the performance of the contract, the liability of the Global is excluded. There is no exclusion of liability in case of violation of an essential contractual obligation, whereby in this case the liability is limited to the foreseeable, contract-typical, average direct damage.
  5. A liability of the Global is excluded for the complete or partial failure of the transmission capacity or the limitation of the transmission capacity by the Internet provider.
  6. Global is not liable for the accuracy of the data provided by the Adjusters or their freedom from third party rights. This does not apply if Global has knowledge that the data provided is incorrect or violates the rights of third parties.

 

 7 Term of Contract, Termination and Temporary Shut-down

  1. The contractual relationship between the user and the Global is unlimited. It may be terminated by either the Global or the Contracting Party without giving any reason with a notice period of 6 weeks to the end of the quarter. Termination requires the text form to be effective. The right to terminate without notice for serious reason remains unaffected. In the case of serious breaches of contract, Global is entitled either to temporarily exclude the user from participating in the CARTV system or to terminate the contract without notice.
  2. A serious breach of contract exists in particular if
    • a) the user is in arrears with the payment of amounts due and does not pay within a deadline despite a relevant reminder.
    • b) the user makes the acceptance of the vehicle and/or payment of the purchase price in whole or in part dependent on renegotiations on the purchase price, without being entitled to reduction claims, or refuses to accept the vehicle.
    • c) the user does not take over the vehicle within the agreed pick-up period and does not pay the purchase price on time and a prior warning with a deadline remains unsuccessful.
    • d) there is an application for the opening of insolvency proceedings concerning the assets of the user and this application is not withdrawn within one month of the application being made.
    • e) the user has given false information when applying for the admission, or
    • f) the user otherwise violates the contract in such a serious manner that the Global can not reasonably be expected to continue the contract until the end of the notice period.
  3. If the user has submitted bids and the Bidding Period or the Bid Binding Period continues to run beyond the time of the termination of the contractual relationship, the user is obliged to fulfil the resulting obligations.
  4. Any claims for damages remain unaffected by the above provisions.

 

 8 Access Variants and Services of the Global

  1.   CARTV sky
    • a) Global provides all data and objects in CARTV sky. The user dials in with his access data, which are sent to him free of charge via email.
    • b) Commissioning of CARTV sky is at your own risk. The user is responsible for a sufficient internet connection.
    • c) The transfer or resale of access data to third parties is not permitted without the explicit consent of Global.
  2. CARTV mobile sky
    • a) Alternatively, the user can download the latest version of the CARTV mobile sky application or use it on-line in the browser. For the installation a service hotline is available to the user free of charge. The access data for CARTV mobile sky will be sent to the user upon request by email.
    • b) Updates to the software are free of charge for the user.
    • c) Installation and commissioning are at your own risk. The user is responsible for a sufficient internet connection.
    • d) The transfer or resale of software and access data to third parties is not permitted without the explicit consent of Global.

 9 Payment

  1. Global invoices are payable immediately upon receipt and without deductions, unless the Contracting Party participates in the SEPA direct debit procedure; in the event of participation in the SEPA direct debit procedure, Global collects the outstanding claims as they fall due.
  2. If a direct debit is not redeemed due to shortage of the specified account or for other reasons beyond the control of Global, the resulting costs (return debit notes) shall be borne by the Contracting Party. The further use of the services of the Global is excluded until the outstanding claims are settled.
  3. The blocking will be lifted immediately as soon as the user has fulfilled its obligations or if the user can prove this by means of suitable documents (account statements, payment slips), etc. In case of recurrence or in serious cases, there is no right of readmission.
  4. In the event of default of payment, the Contracting Party shall pay default interest of 9% above the applicable base interest rate (section 247 BGB) annually to Global if no consumer is involved in the legal transaction; if a consumer is involved in the transaction, the default interest rate is 5% above the base rate. The assertion of a higher delay damage is not excluded. In accordance with section 517 (2) of the BG, the default interest rate is 5% pa above the base interest rate in the cases listed in section 14 (2) of the GTC, whereby the assertion of a higher damage caused by default or contractual penalty is excluded.
  5. If the Contractual Party is in default of payment, all outstanding claims of the Global shall become due immediately.
  6. If the financial circumstances of the Contracting Party deteriorate in such a way as to jeopardize the claims of the Global, Global is entitled to demand advance payment or adequate security. This also applies if such circumstances become known to the Global only after the conclusion of the contract. If the advance payment or the security deposit is not made despite a reminder and a reasonable grace period within the grace period, Global is entitled to withdraw from the contract or to claim damages for non-performance.

 

 10 Import, Export and Use of the Software

The Contracting Party is exclusively and solely responsible for ensuring the compliance with relevant laws and regulations regarding its rights to import, export and use the software.

 

 11 Refusal of Performance, Compensation, Right to Rescind

Significant asset deterioration on the part of the Contracting Party that occurs after the commencement of the business relationship or becomes known to the Global entitle the Global to refuse its performance, in particular to exclude the Contracting Party from participating in CARTV. The Contracting Party has the possibility to prevent the exclusion as well as the endangerment of the purpose of the contract by sufficient security payments. The same applies when the Contractual Party does not fulfil its obligations towards third parties in connection with the services of the Global, e.g. in terms of payment and timely collection of purchased vehicles.

If the Contractual Party does not comply with the request for a security deposit within a reasonable period of time, Global is entitled to withdraw from the contract. A compensation by the Contracting Party with counter-claims is excluded as long as these are not undisputed or legally determined. The assertion of a right of retention by the Contracting Party is excluded, unless it is based on the same contractual relationship or the counter-claims are undisputed or legally determined.

 

 12 Data Protection Storage

The Global collects, processes and uses personal data in accordance with the provisions of the Federal Data Protection Act (BDSG) and the European General Data Protection Regulation (GDPR).

Personal data is only collected for the establishment, implementation or termination of the contractual relationship, as far as necessary. These are the following types of data, depending on the intended use: offer data, contract data, address and communication data and payment data. For technical reasons, it may be necessary for the data to be stored on a server of another company belonging to the CARTV group. In the context of the establishment, implementation or termination of a contractual relationship, as far as necessary, data may be transmitted to third parties that are Contracting Parties of the Global (e. g. banking institute). The processing and use of the data takes place exclusively in the Federal Republic of Germany or in a member state of the European Union.

The data will not be passed on to third parties for commercial purposes. For more information on data protection provisions of the GDPR, please refer to our website at https://www.cartv.eu/en/privacypolicy/

 

 13 Place of Jurisdiction

The place of fulfilment and jurisdiction is Munich, provided that the Contracting Party is a merchant, a legal entity under public law or a special fund under public law. However, Global is also entitled to sue at the general place of jurisdiction of the Contracting Party.

 

 14 Applicable Law

  1. The contractual relationship between Global and the respective Contractual Party shall be governed by the law of the Federal Republic of Germany, excluding all bilateral and/or multilateral agreements concerning the purchase of movable property, in particular excluding the UN Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG).
  2. Insofar as the Contracting Party who uses the services of Global is a Slovak consumer, the contractual relationship between Global and the respective Contracting Party shall be governed by the law of the Slovak Republic, in particular the Slovak Civil Code No. 40/1964 Coll. as amended (CC). The Slovak consumer means a natural person residing in the Slovak Republic who trades in business for purposes which can not be attributed to his professional or commercial activity.

These General Terms and Conditions apply from 01.07.2019

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