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Meinunfallauto - Credit
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Offers
How it works
Meinunfallauto - Credit
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Car Sale
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General Terms and Conditions

Scope of application, restriction of use and cancellation policy

The platform www.meinunfallauto.online is operated by Two Dots Digital GmbH, Neue Heimat 22, 4664 Laakirchen.

These GTC apply to the use, of the online platform (short: MEINUNFALLAUTO)www.meinunfallauto.online and the resulting applications. The website enables the user to use the provided contents and functions on the basis of these GTC and the respective applicable legal regulations. Conflicting GTC shall only apply if Two Dots Digital GmbH has expressly submitted to them in writing. Two Dots Digital GmbH reserves the right to amend these GTC at any time and without giving reasons. If we make changes, we will inform you of this with a reasonable period of notice. The validity of the GTCs is given as soon as they are visible online. The public area is basically open to all visitors of the platform of MEINUNFALLAUTO.The platform

For consumers within the meaning of the Consumer Protection Act, the following right of withdrawal applies (cancellation policy):

  1. the consumer has the right to revoke contracts within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. In order to exercise the right of withdrawal, the user must inform Two Dots Digital GmbH by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of the decision to withdraw from this contract. (WITHDRAWAL FORM) In order to comply with the withdrawal period, it is sufficient that the user sends the notification of the exercise of the right of withdrawal in writing to Two Dots Digital GmbH, Neue Heimat 22, 4664 Laakirchen, e-mail: [email protected] before the expiry of the withdrawal period.
  2. The User is described as a person or company who has the possibility to purchase cars and use other services on the platform. The platform MEINUNFALLAUTO serves as a pure intermediary between car dealers and car sellers. MEINUNFALLAUTO is not involved in the actual transactions of sellers and buyers, therefore we have no influence on the quality, security or legal aspects of the transactions that take place on our platform. Each party is responsible for correct data entry and data maintenance. Since we are not involved in the actual transactions between car dealers and car buyers, we have no influence on the accuracy of data.
  3. If the user revokes this contract without consuming the MEINUNFALLAUTO account, Two Dots Digital GmbH shall repay to the user all payments received from the user without undue delay and at the latest within fourteen days from the day on which Two Dots Digital GmbH received the notification of revocation of this contract. For this repayment, Two Dots Digital GmbH will use the same means of payment that the User used for the original transaction. In case of consumption of the amount from the MEINUNFALLAUTO account, on the part of the user (reservation, car purchase, etc.) the service fee is to be paid 100%.
  4. If the user deletes his account, the concluded contracts shall in any case be deemed to have been consumed in full, even if the contracts are time-dependent and their duration has not yet fully expired. If the service is provided in full within 14 days, the service fee is to be paid in full.

Service description of Two Dots Digital GmbH

Two Dots Digital GmbH, as operator of MEINUNFALLAUTO, offers a marketplace through which the sale of damaged cars with various services is mediated. Two Dots Digital GmbH facilitates transactions between users without offering damaged cars or other services itself, acts exclusively as an intermediary and does not become a contractual partner of the contracts concluded exclusively between the users. The contract is concluded between the users, and Two Dots Digital GmbH does not assume any responsibility for the contract. Two Dots Digital GmbH is not the representative of the offering user; the latter is responsible for the sale of the damaged car, any complaints on the part of the buying user and all other matters arising from the contract between the users.

Two Dots Digital GmbH makes every effort to ensure that MEINUNFALLAUTO is available without interruption and that transmissions are error-free. However, it cannot be guaranteed that MEINUNFALLAUTO will always function technically flawlessly. Access to MEINUNFALLAUTO may occasionally be interrupted or restricted to allow for repairs, maintenance or the introduction of new facilities, functionalities, or services.

Two Dots Digital GmbH has the right to technically edit vehicles and content of users so that they can also be displayed on mobile devices.

Definition

A damaged car is a vehicle that is damaged: sheet metal, hail, fire, water damage, airbag damage, engine and transmission damage, and electrical including battery damage.

Directive 2000/53/EC on end-of-life vehicles regulates the recovery of vehicles through recycling within the EU and must be complied with by users in terms of content according to the various national laws and regulations in force. More detailed information is provided by the automobile clubs of the various countries.

Registration

The use of certain services of MEINUNFALLAUTO require registration on our platform. Our services are only available to legally competent persons and companies that can conclude valid legally binding contracts under application.
The registered user has the possibility to reserve an unlimited number of cars for a fee and also to make immediate purchases.
When registering, the User shall provide his/her name, address (if any), telephone number, e-mail address and a password. The User shall truthfully provide the information on the registration form and update the information immediately in the event of any changes. Each user may only register once with MEINUNFALLAUTO. Registrations are not transferable and may only be used by the registered user.
Furthermore, there is the possibility to log in with an existing Facebook profile or Google account. Privacy Policy:Facebook / Google API

This data provided by the user constitutes an essential part of the contract and is the basis for billing. It is the sole responsibility of the user to ensure that the data input is correct. MEINUNFALLAUTO does not check the data entered by the user, the user is responsible for this data and is also liable for incorrect information. MEINUNFALLAUTO serves exclusively as a neutral marketplace and has no influence on the data entry.

The e-mail address and the password are the access data for the use of MEINUNFALLAUTO. The user must keep his password secret and may not pass it on to third parties. Should third parties gain knowledge of the user's password, the user must immediately report this to Two Dots Digital GmbH and change the password.

Two Dots Digital GmbH reserves the right to delete registrations where the user has not logged on to MEINUNFALLAUTO for longer than 12 months or registrations that have not been completed in full.
For the user's personal data collected during registration, our notes in the privacy policy apply.

Two Dots Digital GmbH can unilaterally delete the user account at any time without informing the user, if the user account is illegal or violates the General Terms and Conditions of MEINUNFALLAUTO. (MESSAGE FORM)

Reservation/Car Purchase

The registered user has the possibility to charge his MEINUNFALLAUTO account and then to reserve a car with an amount of min. EUR 500,--. After the deposit has been made, a contract of sale is concluded. The customer will receive a proforma invoice for the remaining amount and is obliged to pay it within 24 hours. After the payment, the customer receives the documents for his car. Furthermore, the registered user has the possibility to make immediate purchases.

If a MEINUNFALLAUTO user accepts an offer, he is obliged to pay a security deposit in the form of a reservation fee in the amount of (min. EUR 500,--). This fee is to be understood as a service. The amount of the reservation fee is then deducted from the amount of the agreed and accepted offer, and the buyer pays the difference directly to the seller.

For example, if the amount of the accepted offer is EUR 25.500,--, then the customer pays an amount of min. EUR 500,-- as reservation fee. The fee in the amount of EUR 500,-- will be collected by MEINUNFALLAUTO and credited to the account of the car seller. The buyer then pays the remaining difference of EUR 25.000,-- directly to the car seller. The reservation fee is to be considered as a service and it will NOT be refunded in case of cancellation, mediation, or litigation. The contract of sale is between the buyer and the seller. .

MEINUNFALLAUTO is not responsible for any financial disputes that may arise regarding the buyer or seller. It is the sole responsibility of the car seller or car buyer to resolve any financial disputes, claims for damages, claims for breach of contract outside of Two Dots Digital GmbH.

Payment

Payment processing services for our customers on our Platform are provided by Stripe and are governed by the Stripe Connected Account Agreement LINK TO THIS, which incorporates the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to this MEINUNFALLAUTO User Agreement, you agree to be bound by the Stripe Services Agreement as it may be amended by Stripe from time to time. As a condition of MEINUNFALLAUTO enabling payment processing services through Stripe, you agree that MEINUNFALLAUTO will obtain accurate and complete information about you or your business and you authorize MEINUNFALLAUTO to share such information and transaction data in connection with your use of the payment processing services provided by Stripe.

Desired Car

The user has the option on the MEINUNFALLAUTO platform to define his desired car and have it searched for him. The searched car remains in the MEINUNFALLAUTO database until a suitable car is found for the customer. This service is free of charge for the customer, but the user receives no legal claim for a successful car search.

Purchase

Our services are available only to persons and companies with legal capacity to enter valid legally binding contracts.MEINUNFALLAUTO serves only as a neutral marketplace where two parties can agree on a service. The cars will be purchased by our partners only if they meet the appropriate criteria of MEINUNFALLAUTO (not older than 3 years, excluding vintage and luxury cars, etc.). (LINK TO Q&A MUA).

To receive a valid offer, the registered user is obliged to fill in the input field located on MEINUNFALLAUTO with the details of the car. He is obliged to upload a certificate, copy of letter 1, so that an offer can be made. It is important that the file with the insurance company is completed before MEINUNFALLAUTO can make a non-binding offer. The offer is always to be understood including collection and sales processing by our 24h customer service. MEINUNFALLAUTO submits a non-binding purchase offer to the user. This is valid for 24 hours. If this purchase offer is accepted by the seller, a purchase contract between the user and the partner company of MEINUNFALLAUTO is created. The user will be contacted by our customer service for the further procedure.

MEINUNFALLAUTO is not responsible for any financial disputes that may arise regarding the buyer or seller. It is solely the responsibility of the car seller or car buyer to resolve any financial disputes, claims for damages, claims for breach of contract outside of Two Dots Digital GmbH.

MEINUNFALLAUTO Credit Account

Should a private customer load the MEINUNFALLAUTO credit account with EUR 500,-- and revoke within 14 days, then the loaded amount will be refunded. Credit balances are not transferable. We expressly point out that the credit acquired from MEINUNFALLAUTO may not be resold on other platforms or to third parties!
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Sanctions, blocking and termination

Two Dots Digital GmbH may at any time, without notice, restrict or terminate its service, warn users, and temporarily or permanently block users if there are concrete indications that a user has violated legal regulations, the rights of third parties or these Terms of Use.

Two Dots Digital GmbH may take the following measures at any time if there are concrete indications that a user has violated legal regulations, the rights of third parties, these Terms of Use or Two Dots Digital GmbH, to protect users from fraudulent activities:

  • Warning of users
  • restriction of the use of MEINUNFALLAUTO services
  • temporary blocking of the user or
  • permanent blocking of the user.

After blocking the user, there is no right to restore the blocked profile of the user.

Users may terminate these GTC at any time, but subject to a 14-day notice period to the last day of the month. A termination for important reasons remains unaffected by this. After expiration of this period, the user's account will be deleted.

Two Dots Digital GmbH can terminate the GTC with a notice period of 14 days to the end of the month. The right to block remains unaffected by this. A termination for important reasons remains unaffected by this.
As soon as a user has been blocked or the GTC have been terminated by Two Dots Digital GmbH, the user is no longer entitled to use the MEINUNFALLAUTO services with other MEINUNFALLAUTO accounts or to register again.

Liability and warranty

  • As a pure online platform operator, Two Dots Digital GmbH is not responsible for the content made accessible by users on the MEINUNFALLAUTO platform.
  • Two Dots Digital GmbH is therefore also not liable for any specific success or for the enforceability of a contract concluded on the MEINUNFALLAUTO platform. Two Dots Digital GmbH as a pure platform operator is not liable in any way for accident cars offered on MEINUNFALLAUTO, neither from warranty, guarantee nor from compensation, product liability, legal framework conditions or similar.
  • The user shall only use the MEINUNFALLAUTO platform within the framework of the contractual or legal provisions and without infringing the rights of third parties. In particular, the user shall not use or process, edit and/or delete any ancillary copyrights such as, in particular, copyrights, competition rights, trademark rights or other rights to which third parties are entitled without their express consent.
  • The user shall fully indemnify and hold harmless Two Dots Digital GmbH from any claims of third parties that fall within his area of responsibility. The user indemnifies Two Dots Digital GmbH from all claims asserted by other users against Two Dots Digital due to the violation of their rights by the user. In this regard, the user shall bear the costs of the necessary legal representation of Two Dots Digital GmbH including all court costs.
  • Two Dots Digital GmbH shall not be liable for any damages to the user resulting from the misuse of data transmitted to third parties (e.g. e-mail, etc.). The users themselves are responsible for ensuring that all data required for the execution of the contract is stored in a secure manner on a suitable external storage medium. Two Dots Digital GmbH does not assume any liability for the storage of data posted by the users of the platform.

Copyright and database rights

The entire content contained on MEINUNFALLAUTO or provided by Two Dots Digital GmbH is either the property of Two Dots Digital GmbH or Two Dots Digital GmbH is entitled to use and dispose of it, or it is supplied by users or provided on MEINUNFALLAUTO and is protected by copyright. The entire stock of content contained in or provided by a MEINUNFALLAUTO service is also the exclusive property of Two Dots Digital GmbH and protected by copyright.

Users may not systematically extract and/or reuse parts of a MEINUNFALLAUTO service without the express written consent of Two Dots Digital GmbH. Users may not utilize any data mining, robots, or similar data gathering and extraction tools to extract even partial MEINUNFALLAUTO Service for re-utilization without the express written consent of Two Dots Digital GmbH. You may also not create and/or publish your own databases that contain substantial parts of a MEINUNFALLAUTO Service without the express written consent of Two Dots Digital GmbH.

Final provisions

Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Unless excluded by law, the statutory provisions applicable between entrepreneurs shall apply. For any disputes, the local jurisdiction of the competent court in Wels is agreed.

For consumers as defined by the KSchG, the place of jurisdiction is the place of residence, habitual abode, or place of employment in accordance with ยง 14 KSchG.

Two Dots Digital GmbH reserves the right to make changes to MEINUNFALLAUTO, rules, conditions, etc. at any time. If any provision in these T&Cs is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

If a user violates the GTC and Two Dots Digital GmbH does not take ad hoc measures against this violation, Two Dots Digital GmbH reserves the right to use this reason on any other occasion in which the user violates the terms of use.

Verbal collateral agreements do not exist. Any changes and additions must be made in writing; this also applies to collateral agreements and assurances as well as subsequent changes to the contract as well as the waiver of the written form requirement.

Last update: February 2021

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