TERMS AND CONDITIONS
Thank you for choosing CARFAX Europe GmbH!
These General Terms and Conditions apply to all business relationships between CARFAX Europe GmbH ("CARFAX") and its customers unless a separate, written agreement is entered into. Please read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that apply to you.
1. Formation of Contract
The representations of CARFAX’s services and products available through its website do not constitute a binding offer. With a customer’s order, the customer submits a binding offer for the formation of a contract. Following the order CARFAX will process the customer’s order and send a confirmation email to acknowledge the receipt of the customer’s order. This acknowledgement of receipt does not constitute an acceptance of the order. The order is accepted with a separate notification or with the provision of the requested goods or services. CARFAX sends the order information and the terms and conditions to the customer by email. The customer can obtain the Terms and Conditions at any time.
2. License; Ownership
In case of purchase of a Vehicle History Report ("VHR"), CARFAX hereby grants to the customer a limited, non-transferable and nonexclusive license to access and use the data contained in such report for personal, non-commercial purposes.
In case of purchase of a package of five reports, the packages are valid for 1 year. You can visit our website at any time during that year to redeem your remaining reports.
Once a report has been ordered, it is visible for 30 days. During this time period, you can open your report as often you want.
3. Restrictions on Access and Use
CARFAX reserves the right to reject any orders in which it believes VHRs will be used in a manner which will adversely affect CARFAX. The customer is not allowed to distribute, disseminate, copy or publish the database containing the VHRs neither completely nor in parts. Commercial use, and/or resale and redistribution of CARFAX VHRs, partially or entirely, is strictly prohibited. “Commercial Use" is defined as use by persons engaged in the business of researching, buying and/or selling of automobiles, the resale or redistribution of VHRs, or any other business purpose as determined by CARFAX. The extraction and re-utilization of the whole or of a substantial part, evaluated qualitatively and quantitatively, of the contents of the database is not permitted. The repeated and systematic extraction and re-utilization of insubstantial parts of the contents of the database implying acts which conflict with a normal exploitation of the database or which unreasonably prejudice the legitimate interests of CARFAX are not permitted. In particular any automated access to or exploitation of the database, e.g. by screen scraping or comparable techniques is not permitted. In the event a customer provides a VHR to another party, the customer will not: (A) use the VHR or information for unlawful purposes; (B) provide the VHR or information to any party for resale or remarketing in any manner; (C) provide the VHR or information to any motor vehicle manufacturer, or their financing or leasing subsidiaries (except in the normal course of dealership operations) or such motor vehicle manufacturers' advertising agencies; (D) replace, modify, redact labels, copyright notices and ownership information of CARFAX’ VHRs and the associated documentation components; or (E) parse any VHR or information obtained from CARFAX. The customer shall make no representation to any person or entity regarding CARFAX or any VHR, whether written or oral, that is inconsistent with the provisions of this Agreement and the information contained in the VHR.
In the case of VHR packages, the customer’s VHR package will be charged only for a VHR where a valid vehicle identification number (“VIN”) is provided. Invalid VINs submitted shall return an error message and shall not incur any fees. The customer’s VHR package will also not be charged if a valid VIN is provided, but no data is found. Except as provided in Section Six below, the customer is not entitled to return any VHRs or VHR packages once an order has been accepted as no refunds will be issued.
5. Billing; Payment
The customer may pay with credit card (American Express, MasterCard or Visa) or using Pay-pal. Any fees are payable at the time the order is accepted.
6. Right of Withdrawal
This section 6 does only apply to consumers as defined in Sec. 13 of the German Civil Code (Bürgerliches Gesetzbuch)
6.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (CARFAX Europe GmbH, Lindwurmstraße 124, 80337 München, Germany, Fax: +49 (0) 89 540 4562 990, Email: firstname.lastname@example.org, Phone: +49 (0) 89 540 456 620) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, although this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
6.2 Exclusion of right of withdrawal
The above right of withdrawal does not exist, if you explicitly consented to and confirmed you acknowledgement that you lose your right of withdrawal as far as we have provided services completely before you made use of you right of withdrawal.
6.3 Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
CARFAX Europe GmbH, Lindwurmstraße 124, 80337 München, Germany
Fax: +49 (0) 89 540 4562 990
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
7. Breach; Late Fees; Liability
All invoices unpaid after 30 days from receipt are late and shall accrue interest at a rate equivalent to five percent above the basic interest rate of the European Central Bank. The customer is also liable for all fees (including any penalties or fees which may arise from any misuse or unauthorized use of Customer's account) arising out of the use of the customer's account number(s) and password(s).
The customer acknowledges that CARFAX is collecting data from public records and other sources for use in VHRs and that this data may contain errors and omissions. CARFAX does neither guarantee nor warrant the correctness or completeness of VHRs. The customer understands that not all information is available for all jurisdictions and that CARFAX does not have access to some information that may be available to other parties. The customer also understands there may be a period of time between receipt of certain information by CARFAX and its inclusion of such information onto a VHR. The customer acknowledges that VHRs do not provide any conclusions regarding the condition of any vehicle, and the customer assumes full responsibility with respect to its decisions and transactions using VHRs. The customer recognizes that CARFAX' sole obligation in the case of erroneous data, when notified in writing by the customer of such erroneous data and confirmed by an independent CARFAX data source , is correction of the record in question. CARFAX does not warrant that VHRs are complete or error free.
9. Limitation of Liability
CARFAX shall be liable as follows:
i) CARFAX shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.
ii) In an event of slight negligence, CARFAX shall be liable only for breaches of a material contractual obligation (cardinal duty). A “cardinal duty” in the meaning of this provision is an obligation whose fulfilment makes the implementation of this contract possible in the first place and on the fulfilment of which the contractual partner may therefore generally rely.
iii) In a case according to Clause ii. CARFAX shall not be liable for any lack of commercial success, lost profits and indirect damages.
iv) Liability in accordance with the above Clauses ii. and iii. shall be limited to the typical, foreseeable damages.
v) The limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of CARFAX.
vi) Any potential liability on the part of CARFAX for any warranties and for claims based on the German Product Liability Act shall not be affected;
The customer will indemnify and hold CARFAX and its agents harmless from any claims, suits or damages, direct or indirect, arising out of the customer's use of VHRs, including but not limited to claims stemming from missing, incomplete or inaccurate data on any VHR.
11. Governing Law; Contractual Language
These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany, excluding its conflict of law provisions. Any dispute, controversy or claim arising in connection with these Terms and Conditions shall be settled by the courts in Munich, Germany applying German law. The contractual language is English.
12. Modification; Assignment
CARFAX is entitled at any time to amend or to supplement these Terms and Conditions. CARFAX will notify customers via email or in an otherwise suitable form, e.g. in form of a notice during the login process. Such notification will take place at least six weeks prior to the effectiveness of the intended changes. If a customer does not object to such changes within the six weeks’ deadline, the changes shall come into force. CARFAX will notify the customer of the effect of the customer’s silence in the aforementioned notification. Should individual provisions of the present Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The contracting parties shall in such a case reach an agreement that the ineffective provisions shall be replaced with a provision that most resembles the economic spirit and purpose of the invalid provision. The same applies for any omissions in these Terms and Conditions.