Terms & Conditions

Terms and conditions of use of the website 123y.de - Deutscher Restwerthandel/Deutscher Bestwerthandel

123y.de - Deutscher Restwerthandel/Deutscher Bestwerthandel referred briefly called "123y.de" the service provided subject to the company 123y.de below. By registering as a user (be sellers and / or buyers as "User") of the web pages of the company 123y.de you agree to the following terms and conditions the use of the services of the Company (hereinafter called the "Terms & Conditions"). The company 123y.de operates under different top-level domains (eg 123y.de, deutscher-bestwerthandel.de, deutscher-restwerthandel, deutsche-bestwertbörse.de, 123y-unfallfahrzeuge.de, 123y-inzahlungnahmen.de etc.) as well as various sub-domains and aliases of these services the 123y.de. All sites where the services of 123y.de be provided are generally referred to the "123y Webites" below. These Terms & Conditions describe the contractual relationship between the user and the company 123y.de, regardless in which the 123y-Websites of the user registers or has logged on. The user agrees to the contract for the use of Services to the 123y.de with the company 123y.de, Aachener Straße 2, 41812 Erkelenz. More contact details and the name an authorized officer of the company 123y.de can be read in the Imprint. The range of services 123y.de is exclusively for persons of legal age. Major user or the user can these Terms at any time, even after conclusion of the contract, call the link that appears on all 123y-Websites via the menu item "Terms & Conditions", print, download or save it.

1. General

The company 123y.de offers internet platforms for purchase and sale of vehicles. In particular, vehicles can be brought to the market. The authorized users can, depending on whether you seller or buyers, insert data of the vehicles or make appropriate offers to buy. The company 123y.de is the intermediary between sellers and buyers. The 123y.de can not make any statement about the state or the data of the vehicles offered.

2. Scope

These terms and conditions apply without exception to all users of the Internet platforms of 123y.de and related businesses. At the latest use of the Internet platform recognizes the user with the General Terms & Conditions in its current version. Conflict with or deviate from these conditions of the users are not valid.

3. Legal position of the company 123y.de

In none of the describtions in these Terms & Conditions the company 123y.de is involved in the actual sale or purchase process of the vehicles. The accuracy of vehicle data and the settlement of the sale is solely the responsibility of the seller. The 123y.de provides the service to mediate between vehicles adjuster and buyers and the process of auctioning of parked vehicles with the data entered by the seller. The 123y.de are no explanations for the purchase or sale of vehicles and vehicle data from its own behalf.

Failing a vehicle sale by incorrect or missing vehicle data, 123y.de can charge the amount of the loss of commission by the seller of the vehicle.

The 123y.de the right to assert claims for damages for breach of these terms and conditions expressly reserves.

4. Admission / Termination

Users of Internet platforms are exclusively commercial adjuster and buyers who are authorized to use.

Sellers may be car dealers, insurance companies, car experts, towing companies and expert organizations. Buyers can be vehicle dismantlers, car dealerships, repair shops and other professionals of the automotive trade. These buyers and sellers may be, if they are approved by the 123y.de as such.

A legal claim for admission. The 123y.de is entitled to revoke a previously granted authorization at any time. A revocation takes place in particular for the following reasons:

  • Violation of provisions of these Terms & Conditions
  • Intentional or grossly negligent set the wrong data in the platforms of 123y.de
  • Default of payment of fees or other claims by more than 10 calendar days
  • Absence or elimination of licensing requirements
  • Insolvency proceedings or refusal to initiate such a lack of assets and cessation of business
  • Repeated delays in the initiation or execution of the sale or purchase process
  • abuse, or any other important reason

Once approved, the adjuster or the buyer may terminate the contract with the company 123y.de with a period of four weeks to the end of the month. The notice must be in writing. Until then, may deposit paid payments of termination after netting shall be transferred on any open claims of 123y.de to the registered bank account in the system user´s entry into force.

5. Terms of Use

The vendors bring vehicles in the form of vehicle data and images into the systems of 123y.de for onward transmission to the buyer. Sensibele data (such as the vehicle ID) in the system can be safe from abuse, shortened or shown encrypted. The buyer retrieve the data on the Internet platform and provide their price proposal if interested or your bid. By placing their price proposals or bids the buyer make a binding offer to the unfamiliar adjuster or authorized to dispose provider. Buyers are attached to the submitted price proposal or bid placed for the duration of the price proposal or bid.

The seller can always retrieve the commandments of the Internet platform and award directly or via a countdown of up to 4 business days (Sundays and holidays are excluded) grant. The purchase contract is explicit acceptance of the tender offer by the authorized disposal owner or seller of existence. Upon reaching the possibly entered direct purchase price, the bid by the seller or upon expiry of the bid period or the end of the countdown, the winning bidder is awarded the contract. Price offers expire after the commitment period, unless the countdown has begun before the expiry of the validity period.

6. Rights and obligations of users

All users of the Internet platforms of 123y.de agree with their approval to use the trading system of the 123y.de only in the specified form.

The passing of access to the systems of 123y.de to third parties without written permission of 123y.de prohibited and will result in exclusion from the user group. The Company reserves 123y.de in this case the assertion of claims for damages before. Each user is solely responsible for maintaining the confidentiality of their access. In case of loss or theft of the access information he will accept unlimited liability towards the company 123y.de.

The Seller warrants that complete and correct to the selling vehicles are transferred to the 123y.de. It shall include all vehicle specifications, features, traffic characteristics and deficiencies.

Cases where the 123y.de because of inaccurate description of vehicles claims by third parties, the seller will provide the 123y.de now from all claims fully free.

The buyer acknowledges that he makes an offer to a seller for unfamiliar posted on the Internet platforms vehicles and thus expresses that the person of the contractor it does not matter.

The buyer is obliged, in the case of the aggregate pick up the vehicle to which he has commanded for free and within a maximum of six business days after the conclusion of the mediation agreement. If the highest bidder assert his bid was not effective, the burden of proof is on him. The seller is entitled in this case, but not required to accept this and the vehicle to the next highest bidder for sale or to stop the vehicle again. In reinstatement of a vehicle already submitted all purchase offers are no longer valid. In case of discrepancies between sellers and buyers the highest bid already accepted remains valid.

Does not meet the buyer that obligation, he is obliged to refund the difference to the sale price received and expenses incurred, plus 20% of the sales price.

There are granted no rights in copyright or other proprietary rights. This includes in particular all present and future offers, the software and the corresponding documentation and instructions.

7. Duration of the auction

The auction is open on working days (Monday to Friday) and is exposed on Saturday and Sunday and existing in North Rhine-Westphalia public holidays. The auction may, however, begin and end each day. If the vehicle is not sold after 2 days after the last bid price proposal or, the seller receives an email, in which a link with which he can take the vehicle out of the auction. In addition, a button through which the auction can be canceled free of charge appears on the side of the vehicle for the seller.

8. Bought at auction vehicles

The auctioned in Auction Vehicles must be picked up within 6 business days after the auction the seller. The seller is entitled to charge for each day beyond that a state fee of 12,00 €.

9. Prices/Placement fee

Incurred for use of the mediation process at brokerage fees, which in the case of the mediation of a vehicle to be paid by the buyer. This agency fee is then also payable if the seller, and the buyer, for whatever reason, some not close the contract. The current prices are the "Price List" (subitem of "Imprint") can be seen. There valid on the date of the exchange prices plus statutory VAT valid.

10. Payment

Unless otherwise agreed, invoice amounts of 123y.de recovered within up to fourteen days from the date of the specified bank account by direct debit.

If the invoice is not honored because of underfunding of the specified account or otherwise not to be taken by the 123y.de reasons to go the resulting costs (chargeback fees) plus a handling fee to be borne by the contractor who has this balance. If the account does not have coverage or direct debit for any other reason is not honored by the bank, the user of the 123y.de receives an email with the request for payment. In repeated case, the user account is changed during 123y.de on a deposit account. In this case, access is blocked until the deposit amount has been transferred.

11. Administration of your deposit account

The user carries a deposit account at the 123y.de, the invoice amount is debited to this account. The invoice amount is then paid into this account within 5 days. If the balance of the deposit account under the exchange amount, no further direct purchases, price proposals or bids possible until the deposit account is replenished. Already a given price proposals or bids are not affected. These are still active and processed. The offsetting of amounts payable in connection with the mediation of the vehicle is only possible with the 123y.de of recognized or legally established counterclaims.

12. Liability

The company 123y.de accepts no liability for the accuracy and completeness as well as the usefulness of the data entered by the adjuster. We accept no liability for the fulfillment of contractual obligations of users and loss of quality of selected images.
The use of the Internet platforms of 123y.de is at your own risk. For any damages (including without limitation, damage for loss of profits, business interruption, loss of business information or data or any other pecuniary loss) is 123y.de by the Company no liability.

In the event of data loss or data corruption, users are entitled by written notice at 123y.de, the lost data again free of charge in the Adjust Internet platform. Further claims by the user are excluded.

The claim of the users on the functionality of the platform is only in the context of the current state of the art. In addition, there may be delays and outages during maintenance on the server. We try to announce this before. Therefore, the 123y.de limited their services at times when it is necessary with regard to the security of the server or to perform maintenance.

The liability of the 123y.de is a contractual obligation by negligence, is limited to the foreseeable damage typical. Claims for damages of users towards the company 123y.de, for whatever legal reason, are excluded or restricted by law as far as possible to the height of the listing.

All vehicles set on the platform are trade-ins, which are offered exclusively by professional sellers. As far as the adjuster gives nothing to the contrary, all vehicles are sold without any warranty covers defects. This does not apply to claims for damages of any liability for defects, which are based on a grossly negligent or intentional breach of duties of the adjuster.

13. Privacy

The process of negotiation on the Internet platforms of 123y.de and the management and processing of data occurs in compliance with data protection regulations. This information should be 123y.de from companies and addresses the users of internet platforms with the objective possible level of confidentiality. This is especially true for users personal data.

The users are known and they allow the data distributed as part of good use, and the general data management businesslike and for commercial purposes, used, transmitted and stored.

14. Place of performance and jurisdiction

Only the law of the Federal Republic of Germany to these General Terms and Conditions and all legal relationships between the company and 123y.de users.
Performance for all mutual obligations is the exclusive jurisdiction Erkelenz.

15. Severability clause

If any provision of these terms and conditions shall be invalid or unenforceable contain gaps, the validity of the remaining provisions shall not be affected. Instead of the invalid or unenforceable provision valid or enforceable provision shall be deemed agreed that the meaning and purpose of the invalid or unenforceable provision economically closest.

Erkelenz, August 2016