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 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 and 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 information contained in the VHRs neither completely nor in parts. Commercial use and purpose, 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 consists inter alia of an acquisition or potential acquisition of used cars for sale to individuals or sale of used vehicles by a party to individuals (permitted use), financing a car, providing an insurance policy, inspecting & appraising vehicles, etc. The VHR’s will be constantly available, except the case of force majeure, circumstances beyond the control of CARFAX, malfunction or maintenance of system. Thereof 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 information contained in VHRs implying acts which conflict with a normal exploitation of the VHR or which unreasonably prejudice the legitimate interests of CARFAX are strictly prohibited. In particular any automated access to or exploitation of the database, e.g. by screen scraping or comparable techniques is not permitted. CARFAX reserves a right to close the account used for commercial purposes and as for the above mentioned usage a customer commits himself hereby to pay 29 eur (tax included) per VHR. The customer shall make no announcement 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.
The fee is charged according to the published price list and valid at the moment of order acceptance by a customer. 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 and Payment
The customer may pay with credit card (American Express, Mastercard or Visa) or using Pay-pal. CARFAX shall prepare and send a receipt for each order. Each receipt shall identify the total amount due. All prices include German VAT.
6. 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 by email: firstname.lastname@example.org of your decision to withdraw from this contract by an unequivocal statement. You may use the withdrawal form below supplied, 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.
If requested to begin the performance of services during the withdrawal period, 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.
Exclusion of right of withdrawal:
The right of withdrawal does not exist, if you explicitly consented to and confirmed your acknowledgement that you lose your right of withdrawal as far as we have provided up to 2 VHRs in the package of 5 vehicles or services completely before you made use of you right of withdrawal.
6.1 model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
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 and Liability
The customer is 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 not 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, its 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 liable for 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.
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 and Assignment
CARFAX is entitled at any time to amend or to supplement these terms and conditions. It is a customer responsibility to check the terms and conditions regularly.