General terms and conditions (GTC)
for the use of the website of the company CarepO GmbH for the query of price information (market quotations) of collector's vehicles
I. Company name and corporate purpose
The CarepO GmbH with its registered office in CH-8855 Wangen SZ at Seestrasse 92 is a provider of vehicle data for collector’s vehicles, providing price informations (market quotations) for this vehicle category. This website contains information about the business of the CarepO GmbH. For all online services or products (service packages) including their prices, these general terms and conditions apply.
II. Scope and terms of contract
Subject of these terms and conditions are the relations between the CarepO GmbH and the registered users (hereinafter referred to as customers) via the paid online services or service packages offered by the CarepO GmbH on its website. These terms and conditions apply to all registered customers who use the paid-for online services or service packages of the CarepO GmbH, regardless of whether they themselves or a third party have paid for the subscription. With the use of the paid-for online services of the CarepO GmbH, the customer accepts these terms and conditions. Furthermore, the present terms and conditions apply to all contracts for the use of the paid-for online services of the CarepO GmbH by the customer. All changes in connection with these terms and conditions require the express consent of the CarepO GmbH and are only binding if they are agreed in writing (letter or e-mail) between the CarepO GmbH and the customer. Any other communication between the CarepO GmbH and the customer will also be in writing.
To use the paid-for online services or Service packages of the CarepO GmbH the customer must register either as an individual or as a company on the the CarepO GmbH website. After entering the required registration data, the online access to the personal user account is activated by clicking on the link on the so-called Account Verification. The content displayed on the website of the CarepO GmbH is an offer for interactive use by the registered customer. After the registration, the customer has his own identifier consisting of a username and a password. The registration itself is free.
A contract is concluded between the contract parties on the basis of the present GTC as soon as the CarepO GmbH has received the customer's order for one of the paid-for service packages available for selection and has accepted them. The ordering of one of the paid-for service packages available for obtaining price information takes place via the CarepO GmbH website. The payment of the paid-for service package is done online by credit card, Twint, Paypal or by prepayment. After the payment has been made by credit card, Twint or Paypal, the order is deemed to have been accepted by the CarepO GmbH. When paying by cash in advance, the order is deemed to have been accepted upon invoicing. The subsequent order confirmation is only for information and is not a prerequisite for a valid contract. The CarepO GmbH reserves the right to unilaterally terminate a contract concluded at any time by written notice to the customer.
V. Services of the CarepO GmbH
The services of the CarepO GmbH are aimed at the publication of price informations (market quotations) of collector's vehicles and result from the contract concluded between the customer and the CarepO GmbH on the basis of the present GTC. After transmitting the payment confirmation for one of the service packages available for selection, the customer is given the opportunity to make an unlimited or a certain number of requests for price information (market quotations) to all collector's vehicles in the database. These service packages are limited either in terms of time (1 year) or quantity (single query, 10 or 20 queries) in the sense of a credit. The price informations (market quotations) of collector's vehicles published on the website of the CarepO GmbH are subject to the dynamic market development and are therefore regularly updated. The CarepO GmbH reserves the right to adapt or improve its services within or outside the contract period in terms of scope and quality at any time. The statutory warranty regulations apply.
VI. Services of the customer
In return for the provision and delivery of one of the available service packages of the CarepO GmbH, the customer must pay a fee. The current sales prices for the various service packages are listed on the website of the CarepO GmbH. These sales prices are calculated in Swiss francs. The payment options include credit card (Visa and Mastercard), Twint, Paypal and prepayment. If the customer decides to pay on the basis of invoices and bank / postal payments (prepayment), it is due 15 days after receipt of the invoice. After expiry of the term of payment the customer is in default without reminder and respite. In case of default of payment, the CarepO GmbH is entitled to block the online access. The customer must create the conditions that the hardware and software components used by him are suitable for a perfect use of the online services of the CarepO GmbH.
VII. Operating hours and deliverability of the CarepO GmbH
Basically, the online services of the CarepO GmbH are available on 7 days during 24 hours. The CarepO GmbH reserves the right to temporarily restrict these operating hours for technical reasons. All dates given in connection with the updating of price information and the delivery of new data of the CarepO GmbH are only indicative. The CarepO GmbH endeavors to meet the delivery dates of new data. The CarepO GmbH is not liable for delays in the delivery of new data, the cause of which does not matter. This applies to all paid-for service packages on the website of the CarepO GmbH. The obligation of the CarepO GmbH is limited to making every reasonable effort to ensure that the new data are delivered in the most undisturbed form after the CarepO GmbH has been informed of the delay.
VIII. Liability of the CarepO GmbH
All data and price informations (market quotations) published on this website are created with greatest care. Nevertheless, timeliness, correctness and completeness of the data and price informations (market quotations) provided by the CarepO GmbH can not be guaranteed, i.e. it disclaims all liability in this regard. Under no circumstances will the CarepO GmbH be liable for lost profits and direct or indirect losses, consequential damages, claims and costs arising from the use of this website by the customer. This applies regardless of whether the customer has caused this by action, omission or negligence. Incorrectly transmitted data by the customer and thus incorrect price informations (market quotations) in connection with the selection of the collector’s vehicle can not be charged to the CarepO GmbH.
IX. Liability of the customer
The access to the website of the CarepO GmbH is permitted for natural and legal persons. The service packages offered and claimed on the CarepO GmbH website may only be used for their own purposes and only in accordance with these terms and conditions. They may not be commercially exploited or systematically recorded, stored, published or resold, either online or offline. The customer commits himself to use the data and informations from this website only in the context permitted by these terms and conditions. Passwords and personal access data may not be disclosed to third parties and may be withdrawn at any time at the discretion of the CarepO GmbH. In the case of non-contractual use of the identifier provided to him, the customer is liable to the CarepO GmbH for the damage it has suffered.
X. Data protection and Copyright
The customer agrees that the CarepO GmbH may collect, store and use information about him in accordance with the Data protection rules. The customer declares that he has received, read and accepted the terms of the Data protection rule of the CarepO GmbH. During the term of the contract, the customer receives the non-transferable right to the personal use of the data and price informations (market quotations) of the CarepO GmbH. However, all intellectual property rights regarding the data and price informations (market quotations) always remain with the CarepO GmbH.
XI. Contract duration and termination
By creating a personal access to the website of the CarepO GmbH, the customer accepts these terms and conditions. When using paid-for online services of the CarepO GmbH, the duration of the contract associated with the choice of the corresponding service package applies. This period is either variable (subscription offers with the right for a certain number of queries) or fix (subscription offer with the right for an unlimited number of queries during a contractually agreed period of time). A premature withdrawal from the contract is only possible against indemnity of the CarepO GmbH. In particular, a reimbursement of amounts already paid for the use of one of the available service packages is excluded. The continued use of the online services or service packages of the CarepO GmbH after expiry of the contract period requires the conclusion of a new contract. Any credit balance or accounts with the CarepO GmbH will expire after 5 years.
XII. Applicable law
All legal relationships arising from the contract between the CarepO GmbH and the customer as well as these terms and conditions are governed by Swiss substantive law. Excluded are here the provisions of the UN Sales Convention as well as the provisions of the IPRG. The exclusive place of jurisdiction is the registered office of the CarepO GmbH in 8855 Wangen SZ.
XIII. Final provisions
Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the remainder of the contract. The ineffective provision shall be replaced in good agreement by the contracting parties with a legally valid provision which comes closest to the economic purpose of the ineffective provision. The CarepO GmbH expressly reserves the right to change these terms and conditions at any time. The customer is obliged to inform himself about the currently applicable version of the GTC as well as about the selling prices for the various service packages on the website of the CarepO GmbH.
Wangen SZ, the 24.04.2020
CH-8855 Wangen SZ
+41 (0)55 460 14 46