General terms and conditions for the use of www.heycar.nl
Mobility Trader Holding GmbH, Müllerstraße 153, 13353 Berlin, registered in the Commercial Register of the Charlottenburg Local Court under HRB 192278 B (hereinafter "MTH GmbH"), operates an Internet platform ("Platform") at www.heycar.nl. The Platform serves to connect, on the one hand, independent vehicle dealers or commercial vehicle suppliers who offer a used motor vehicle ("vehicle") for sale ("vehicle supplier") and banks that offer loan agreements for financing a vehicle ("financing partner") and, on the other hand, natural persons and legal entities who wish to purchase a vehicle ("platform user").
§ 1 Scope
1.1 These General Terms and Conditions for the use of www.heycar.nl ("GTC") apply to the use of the Platform, a purchase of a motor vehicle via the Platform and the mediation regarding a loan agreement for the financing of a motor vehicle in their respective version valid at the time of consenting to the GTC.
1.2 MTH GmbH does not offer any motor vehicles for sale or the delivery of such motor vehicles, neither via the Platform nor via any other channel, and has no other activity with regard to the sale and/ or delivery of a motor vehicle than to establish a network between the platform users and the vehicle or delivery provider. MTH GmbH shall not be involved in any conclusion of a contract for a motor vehicle presented on the Platform whatsoever, neither as a contracting party nor as a representative or agent of one of the contracting parties.
1.3 MTH GmbH also enables financing partners to offer loan agreements for financing a vehicle to platform users through the Platform. A loan brokerage agreement exists between MTH GmbH and the respective financing partner. A loan brokerage agreement between the platform user and MTH GmbH shall not come into existence. The activity of MTH GmbH in the mediation is limited to the technical forwarding of the platform user to the financing partner.
1.4 A contract between a vehicle supplier and a platform user is concluded via the Platform in accordance with § 3 of these GTC.
§ 2 Functionality and use of the Platform, performance by MTH GmbH
2.1 MTH GmbH operates and maintains the Platform on which vehicle suppliers can present vehicles from their used car inventory online ("advertisement"). For this purpose, the vehicle supplier transmits information about the vehicle to MTH GmbH. MTH GmbH shall then place the advertisement on the Platform for the vehicle supplier. The vehicle supplier is obligated to regularly check the advertisement for accuracy and timeliness. The vehicle supplier alone, and not MTH GmbH, shall be responsible for the content of an advertisement, including its up-to-dateness. The advertisement is non-binding and does not constitute a claim to the conclusion of a corresponding purchase contract with the vehicle supplier.
2.2 MTH GmbH also acts as an intermediary for loan agreements for financing partners to finance a vehicle presented on the Platform. For this purpose, MTH GmbH establishes a technical connection between the Platform and the financing partners.
2.3 MTH GmbH offers platform users the following services free of charge (together also referred to as "Services"):
(I) Access to advertisements. Platform users shall be granted access to the advertisements posted by various vehicle suppliers on the Platform free of charge.
(IV) Contacting the vehicle supplier. If a platform user is interested in an advertisement, he or she may submit an inquiry to the respective vehicle supplier via the Platform using the contact form, e-mail, chat function or telephone call ("user inquiry"). MTH GmbH then transmits the user inquiry to the respective vehicle supplier. The vehicle supplier may then contact the platform user directly, unless it has already done so during the specific search.
Contact between the platform user and the vehicle supplier is established by means of a telephone call mediated via the Platform. Insofar as the advertisement of a vehicle supplier provides for the possibility of a trade-in of a vehicle belonging to the platform user, and in this context enables a rating of this vehicle on the Platform, such a rating is non-binding, i.e. it does not bind either the platform user or the vehicle supplier.
(V) Newsletter. Optionally, after prior registration for the newsletter on the Platform, platform users receive news by e-mail in the form of a newsletter published at regular intervals.
(VI) Access to IT Tools of Non-Platform Third-Party Service Providers. MTH GmbH cooperates with the following non-platform service provider: Volkswagen Pon Financial Services, Steinfurtstraat 10 8028PP Zwolle ("Third-Party Service Provider"). Platform users can access IT tools of the Third-Party Service Provider via the Platform, e.g. financing and insurance calculators. The financing and insurance proposals calculated by these IT tools are non-binding and do not constitute a claim to the conclusion of a corresponding contract. MTH GmbH is never a provider of financing and/or insurance services.
(VII) Conclusion of the purchase contract. MTH GmbH enables the platform user to conclude a purchase contract for some of the offered vehicles directly via the Platform. MTH GmbH shall handle the communication with the platform user on behalf of the vehicle supplier until the conclusion of the purchase contract.
(VIII) Mediation of a loan agreement for the financing of a vehicle purchase. MTH GmbH offers platform users to be forwarded to a financing partner for the conclusion of a loan agreement for the financing of a vehicle purchase. MTH GmbH takes over the communication with the platform user on behalf of the financing partner until the conclusion of the loan agreement.
(IX) Mediation of leasing contract. MTH GmbH offers platform users to be forwarded to a financing partner for the conclusion of a leasing contract. MTH GmbH takes over the communication with the platform user on behalf of the leasing partner until the conclusion of the leasing contract.
2.4 As a rule, MTH GmbH is only a technical service provider and as such only responsible for the availability of the Platform and the services in accordance with § 4 of these GTC. In no case is MTH GmbH an agent or representative of the platform users, the vehicle supplier or the Third-Party Service Provider. In the case of a loan agreement for the financing of a motor vehicle brokered via the Platform, MTH GmbH is involved as an intermediary on behalf of the financing partner.
2.5 If the platform user provides information to MTH GmbH on the Platform, e.g. to enable contact with vehicle suppliers, the data must be truthful and complete.
2.6 When using the Platform, the platform user is prohibited from mass extracting the information displayed on the Platform, in particular vehicle data (e.g., through Scraping") and/or to reuse the information outside the Platform.
§ 3 Conclusion of a purchase contract
3.1 Some vehicles can be purchased directly via the Platform. The purchase contract is always concluded via the Platform only between the vehicle supplier and a platform user ("purchase contract"). The presentation of the products that can be purchased directly via the Platform does not constitute a legally binding offer, but an invitation addressed to the platform users to make an offer to conclude a purchase contract.
3.2 A purchase contract between the vehicle supplier and the platform user shall be concluded on the Platform as follows: When the platform user fills out the order form and clicks on the button "Order with obligation to pay", platform user thereby submits a binding offer for the respective vehicle. MTH GmbH shall forward this offer to the vehicle supplier. In addition, MTH GmbH shall send the platform user a confirmation of receipt of the order by means of an automated e-mail immediately after the order has been placed. The order confirmation is not a declaration of acceptance by the vehicle supplier. If the vehicle supplier declares binding acceptance of the offer, MTH GmbH shall forward it to the platform user. Until the time of the binding declaration of acceptance, the vehicle supplier may refuse acceptance of the offer without specifying van reject the offer for reasons. Only with the declaration of acceptance of the offer by the vehicle supplier a purchase contract is concluded and a claim for delivery of the ordered vehicle arises.
§ 4 Use of the Trade-In Option
4.1 Within the framework of the trade-in option, we allow platform users to offer their existing car (so-called Trade-in Car) to participating dealers of the trade-in option (so-called Trade-in Dealer). Platform users who want to trade-in their car can select the trade-in option checkbox on the checkout form of heycar.nl. Heycar serves as a sales and match platform for the mediation of purchase agreements between platform users and Trade-in Dealers within the framework of the trade-in option. During the trade-in process, the respective Trade-in Dealer is clearly stated to the platform user. The Customer Care of heycar will send a trade-in form to the platform user to fill out and attach pictures of the Trade-In Car.
4.2 There is no obligation for the Trade-in Dealer to buy the Trade-in Car. It is the sole discretion of the Trade-in Dealer to accept or reject the offer of the platform user. The Trade-In Dealer then might send an offer to the platform user or declines the trade-in request.
4.3 When a platform user selects the trade-in option, we forward the platform user’s trade-in data to the Trade-in Dealer.
§ 5 Limited availability of platform and services
Unrestricted availability of the Platform is not guaranteed. MTH GmbH shall be entitled to partially or completely discontinue the availability of the Platform in particular if the Platform requires maintenance or revision for technical and/or operational reasons.
§ 6 Liability
6.1 With regard to the content of the individual advertisements, MTH GmbH exclusively reproduces information provided by the vehicle suppliers. A check for correctness and topicality does not take place. The same applies to all information provided by other Third-Party Service Provider that is accessible via the Platform. MTH GmbH is therefore not responsible for such content. If any errors are caused by MTH GmbH, MTH GmbH shall be liable in accordance with §§ 5.2 to 5.3 of these GTC.
6.2 MTH GmbH shall be liable for damages in accordance with the statutory provisions, unless otherwise stipulated below. In the event of breaches of duty - irrespective of the legal grounds - MTH GmbH shall be liable for intent and gross negligence. Subject to a milder standard of liability according to statutory provisions, MTH GmbH shall only be liable for simple negligence:
(i) for damage resulting from injury to life, body or health; and
(ii) for damage resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the platform user regularly relies on and may rely on); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.
6.3 The above limitations of liability shall also apply in the event of breaches of duty by persons for whose fault MTH GmbH is responsible in accordance with statutory provisions.
§ 7 Final provisions
These GTC and the contractual relationship between the platform user and MTH GmbH shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
Status: November 2021