General Terms and Conditions

§ 2 Registration

(1) Registration is required in order to use certain functions of the Platform. For this purpose the user must provide truthful and complete information.

(2) Registration is open only to natural persons who have reached the age of 18, and to legal persons and partnerships having legal capacity.

(3) The user is obliged to keep their access credentials confidential and to protect them against access by third parties. The user is liable for all activity that takes place under their account.

(4) There is no entitlement to registration. The Operator reserves the right to refuse registrations without stating reasons.

§ 3 Listings

(1) Registered users may publish vehicle listings on the Platform. The information given in a listing must be complete, truthful and not misleading.

(2) Listings may relate solely to vehicles of the makes Mercedes-Benz and Maybach. Listings are published immediately after an automated check of the mandatory fields; the Operator does not review their content in advance. The Operator reviews published listings on a random-sample basis and reserves the right to deactivate or remove listings that breach this provision, other rules of the Platform or statutory provisions.

(3) The user warrants that they are entitled to sell the vehicle listed and that they hold the necessary rights of ownership in it.

(4) The publication of listings may be subject to a charge. The prices and plan conditions applicable at the time are shown transparently on the pricing page and before booking. For consumers, the total price including VAT is stated (§ 3 PAngV); dealer plans are quoted as net prices plus VAT at the statutory rate. The price shown on the plan itself shall be decisive in each case. Consumers are additionally entitled to the right of withdrawal under § 7 of these Terms; details of the plans are set out in § 9.

§ 4 Obligations of users

(1) The user undertakes in particular:

• not to publish any unlawful, offensive, fraudulent or misleading content;
• not to collect, store or process the data of other users without authorisation;
• not to use the Platform for purposes incompatible with its intended use;
• not to carry out automated access to the Platform (bots, scrapers);
• to comply with the applicable statutory provisions, in particular distance selling law and consumer protection law.

(2) In the event of breaches of these obligations, the Operator is entitled to block the user account temporarily or permanently.

§ 5 Liability

(1) The Operator merely provides the technical platform and is not a party to the contracts concluded between users. Only the respective advertisers are liable for the accuracy and completeness of listings.

(2) The Operator is liable without limitation for damage arising from injury to life, body or health, and in cases of intent and gross negligence.

(3) In cases of slight negligence, the Operator is liable only for the breach of material contractual obligations (cardinal obligations), and then limited to the foreseeable damage typical of this type of contract.

(4) Any further liability of the Operator is excluded to the extent permitted by law.

§ 6 Data protection

Personal data is processed in accordance with our Privacy Policy. By using the Platform, the user confirms that they have taken note of the Privacy Policy.

§ 7 Right of withdrawal for consumers

(1) Consumers within the meaning of § 13 BGB have a statutory right of withdrawal of 14 days in respect of contracts for paid listing and subscription plans concluded by distance selling.

(2) The full instructions on withdrawal, setting out when the period begins and how it runs, the effects of withdrawal and the model withdrawal form, can be found under Instructions on withdrawal. They form part of these Terms.

(3) If the consumer expressly requests that performance begin before the withdrawal period has expired (for example the immediate publication of a listing), they owe, in the event of withdrawal, proportionate compensation for the value of the services provided up to that point. In the case of services performed in full, the right of withdrawal lapses subject to the conditions of § 356 para. 4 BGB.

(4) Traders within the meaning of § 14 BGB have no right of withdrawal.

§ 8 Termination

(1) The user may have their account deleted at any time without stating reasons. Termination may be effected via the account settings or by e-mail to kontakt@everstern.eu.

(2) The Operator may terminate the user relationship giving 14 days’ notice. The right to extraordinary termination for cause remains unaffected.

(3) Upon termination, the user’s active listings are deactivated; a current paid plan and a current private listing end when the account is deleted (§ 9). Fees already paid for the remaining term are not refunded pro rata; statutory rights, in particular the consumer’s right of withdrawal under § 7, remain unaffected. Invoices issued are retained in accordance with statutory retention obligations; purchase enquiries the user has sent to other users remain with their recipients. Personal data is otherwise deleted in accordance with the Privacy Policy.

§ 9 Paid plans, payment and term

(1) Dealers may book paid plans as a monthly subscription. All dealer plans offer the same features and differ only in the number of vehicles published at the same time; in the XL Plus plan, further vehicles beyond the quota can be activated by arrangement with the Operator for an additional monthly fee per vehicle. The scope of services, price and billing period are set out in the plan overview on the pricing page at the time of booking. Prices for dealer plans are quoted plus VAT at the statutory rate. Dealer plans are intended exclusively for traders within the meaning of § 14 BGB.

(2) A dealer plan runs for the billing period of one month stated at the time of booking and is renewed by a further month in each case unless it is cancelled with effect from the end of the current billing period. The fee is payable in advance at the start of each billing period.

(3) Private sellers do not book a subscription but a single listing for a one-off fee. It covers one vehicle with up to 100 images for a term of 90 days; the total price including VAT is shown on the pricing page. The listing is published once payment has been received. There is no automatic renewal: at the end of the term the listing is deactivated and can be extended or republished for a further term by making a new payment.

(4) If the Operator offers a launch offer, it applies to all users who register during the offer period, subject to the conditions stated on the pricing page. Dealers receive the number of months of their first plan subscription stated there free of charge; private sellers receive their first listing free of charge for the regular term of the private plan. The launch offer applies only to a user’s first subscription or first listing; anyone who has already had a plan subscription does not receive it again. Dealers provide a payment method at the time of booking. If the plan is not cancelled before the free months end, it continues as a paid plan without any further declaration and the first fee is collected at the end of the free months; until then, cancellation is free of charge. The Operator sends an email reminder no later than seven days before the first charge. Extending a free private listing after its term has expired is subject to a charge.

(5) Payments are processed by the payment service provider Stripe — by credit card or SEPA direct debit for dealer plans, by card for private listings. The dealer authorises the Operator to collect fees due from the payment method on file. Invoices are provided electronically by email and in the account area. If a collection fails, it is retried; if payment is still not received, the Operator may end the plan. The dealer bears the costs of a returned direct debit for which the dealer is responsible.

(6) An upgrade to a larger dealer plan takes effect immediately; the difference for the current billing period is charged pro rata. A downgrade to a smaller plan takes effect at the end of the current billing period. No costs arise for a change during the free months of a launch offer.

(7) The dealer may cancel a plan at any time in the dealer area with effect from the end of the current billing period or of the free months; the plan remains usable until then. The cancellation may be withdrawn until that time. Fees already paid for the current billing period are not refunded. A private listing does not need to be cancelled; it ends when its term expires.

(8) Vouchers are redeemed when booking a plan; each voucher can be used only once per user. Vouchers are not transferable and cannot be redeemed for cash. A voucher for free months is not added to the free months of a launch offer; the longer period applies. A percentage price reduction applies to the number of paid months stated on the voucher.

(9) The Operator may change prices for future billing periods. The Operator will notify users of a change by email at least six weeks before it takes effect; the user may cancel their plan with effect from that date. For a private listing that has already been paid for, the price shown at the time of booking applies.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction is Münster, to the extent permitted by law.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid one.

(4) The Operator reserves the right to amend these Terms at any time. The amended Terms will be communicated to the user by e-mail. If the user does not object within 30 days of receipt of the notification, the amended Terms shall be deemed to have been accepted.