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General Terms of Use „Classic Trader“

Status 2024-07-04

The following terms of use, which can be accessed at any time via a link on the online marketplace, apply to the use of the online vehicle marketplace operated by Classic Trader GmbH, Jacobsenweg 51-59, 13509 Berlin, Germany, telephone: +49 30 437 75 1919, (“Classic Trader”) for selected - primarily classic - vehicles under the name “Classic Trader” (“Online Marketplace”).

If you are acting as a consumer within the meaning of the statutory provisions, you have the following right of revocation with regard to individual contracts for the placement of advertisements and offers for sale against payment as well as contracts for the preparation of expert opinions within the scope of “CT Inspections”:

Cancellation policy

Right of revocation

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of revocation, you must inform us (Classic Trader GmbH, Jacobsenweg 51-59, 13509 Berlin, Phone: +49 30 437 75 1919, E-Mail: service@classic-trader.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favourable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

  1. General

    1. Classic Trader operates the Online Marketplace “Classic Trader”, a database accessible via the Internet, in which natural persons or legal entities with unlimited legal capacity or partnerships („Users“) can post vehicles for sale, in particular classic cars, classic boats and aircraft, rare sports and racing cars as well as classics of the future (hereinafter collectively referred to as „Vehicles“) and search for them using the search technology provided. In addition, Classic Trader can offer functionalities for the sale and purchase of Vehicles via the Online Marketplace (“Sales Functionalities”), e.g., in auction format (“Auction Format”), in the buy-it-now format (“Buy-it-now Format”) and in the submit-offer format (“Submit-Offer Format”).

    2. The offer of Classic Trader does not apply to the territory of the USA, i.e. if the residence of a user or the location of a Vehicle is in the USA, the creation of an advertisement by the respective user or for the respective Vehicle is excluded (advertisements created in violation of this provision may be deleted by Classic Trader). The same applies to offers, bids or other declarations made within the scope of the Sales Functionalities

    3. With regard to the advertised Vehicles, Classic Trader merely provides the technical requirements for the transmission of the advertisements placed by the Users as well as for the submission of declarations for the purchase and sale of Vehicles within the framework of the Sales Functionalities. Classic Trader has no influence on the content of the advertisements. The User is solely responsible for the content of his advertisements. Classic Trader does not check the correctness or completeness of the contents and does not assume any liability for their correctness and completeness.

    4. Classic Trader is involved in the relationship between the seller and the (prospective) buyer neither as a party or as a representative of a party. In particular, Classic Trader is not itself the seller of the Vehicles listed. Contracts that come about via the Sales Functionalities or that are initiated as a result of an advertisement placed via the Online Marketplace are therefore concluded and fulfilled without Classic Trader’s involvement.

    5. Classic Trader may also offer services related to the Online Marketplace. This includes, in particular, the preparation of expert opinions for selected Vehicle categories within the scope of “CT Inspections” and the brokerage of insurance products within the scope of “CT Warranty”.

    6. The following languages are available for the conclusion of the contract: German, English. Classic Trader always saves the text of the contract and sends it to the Users in text form. In addition, the text of the contract can also be viewed via the User account and, incidentally, via the public area of the Online Marketplace.

  2. Registration and User account

    1. Certain functionalities of the Online Marketplace are only available after prior, free re-registration. These include in particular the placement of search orders, the use of the watch list and the submission of offers, bids or other declarations made within the framework of the Sales Functionalities.

    2. For registration, the User must complete the mandatory fields in the corresponding registration mask of the Online Marketplace completely and correctly and agree to these Terms of Use. Classic Trader provides the User with technical means in the form of a standard completeness and plausibility check (checking whether all mandatory fields have been filled in and whether the characters entered match the corresponding mandatory field), with the help of which input errors can be detected and corrected. To be effective, the registration requires confirmation by Classic Trader. With this confirmation, a contract of use for the use of the Online Marketplace as a registered User comes into effect and a (non-transferable) User account is created for the respective User.

    3. Each User may only register once. Within the scope of registration and the ongoing contractual relationship, Classic Trader is entitled to demand that Users who act as entrepreneurs within the meaning of § 14 of the German Civil Code (“Dealers”) submit an excerpt from the commercial register and/or trade register (if available) or other documents and information that appear necessary or expedient for the registration or maintenance of the contractual relationship.

    4. Registered Users must ensure that the data they provide is up to date. Personal access data must be kept protected from access by third parties. Should third parties nevertheless gain knowledge of the access data, the User must immediately report this to Classic Trader and change his access data.

  3. Provision of the Online Marketplace

    1. Classic Trader provides an entry mask for advertisements, activates the advertisements entered via the entry mask and enables the retrieval of the advertisements via the Online Marketplace, whereby the presentation and scope of functions may differ depending on the type of access (desktop or mobile). Classic Trader also provides additional services, the respective service content of which is described on the Online Marketplace. Additional services that are subject to a fee are always marked as such by Classic Trader. In addition, Classic Trader also brokers certain third-party services (marked as such on the Online Marketplace). It is clarified that Classic Trader does not become a contractual partner itself in this respect and that all contractual services are exclusively provided by the respective third party (based on the contract to be concluded between the User and the respective third party).

    2. Classic Trader may grant Users the opportunity to offer advertised Vehicles for sale to other Users by activating the Sales Functionalities (“Offer for Sale”).

    3. Classic Trader promotes the Online Marketplace and/or the advertisements posted by Users itself and through third parties, for example by including the advertisements or excerpts thereof on its own or third-party websites, in social media, in emails or advertising letters, at trade fairs or through print, radio and television marketing campaigns or through the highlighted display of advertisements or excerpts thereof on the Online Marketplace. For this purpose, Classic Trader may also provide third parties with access to the data, information and content published via the Online Marketplace. The User agrees that translations of his advertisements may also be made for this purpose.

    4. Classic Trader allows Users to sort the search results on the Online Marketplace based on predefined criteria. If a User does not make a selection, the order of the search results is based by default on whether a Sale Functionality is activated, whereby listings in Auction Format are displayed first, then in Buy-it-now Format, then in Submit-Offer Format and finally other listings. Within the above categories, the order is based on the date of expiry of the auction (for the Auction Format) and otherwise on the date on which the respective advertisement was posted, with the most recent advertisements being displayed first. In addition, Classic Trader can also allow Users to book paid advertisements. Advertisements correspond to listings in terms of content, but are always marked as “Advertisement” and displayed before the native searcher results.

    5. The right to use the Online Marketplace exists only within the scope of the state of the art. Classic Trader reserves the right to temporarily restrict access to the Online Marketplace if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and this serves the proper or improved provision of services (e.g. during maintenance work).

  4. Placement and extension of advertisements

    1. Every User can place advertisements via the corresponding input mask. Before bindingly placing an advertisement, the User has the opportunity to check his details and correct input errors via the “Back” button or the navigation within the input mask. Only by clicking on the correspondingly labelled button (e.g. “Advertise with obligation to pay”) does the User submit a binding offer to conclude the corresponding contract. Classic Trader accepts such an offer by activating the advertisement on the Online Marketplace and sending the User a confirmation by e-mail. With this confirmation, the contract for the placement of the advertisement comes into effect.

    2. The following provisions apply to advertisements that are no Offers for Sale:

      • Consumer: An advertisement placed by a consumer is retrievable on the Online Marketplace for 60 days and will be extended once by Classic Trader for 60 days after prior notification to the User, unless it is terminated by the consumer himself beforehand. When calculating the period, periods in which the advertisement is temporarily paused are not included. An advertisement may be paused for a maximum of 60 days in total. Following the initial automatic renewal, consumers can extend their advertisement before the end of the publication period for another 60 days. Expired advertisements can be re-published.
      • Dealers: An advertisement placed by a Dealer is available on the Online Marketplace for the duration selected during the placement process, unless it is terminated by the Dealer beforehand (by marking it as “sold” or deleting it).

    3. The following provisions apply to Offers for Sales:

      • Binding nature: If a User (in this capacity “Seller**”) places an Offer for Sale on the Online Marketplace, s/he submits a binding offer to conclude a purchase contract for the respective Vehicle. Sellers must be in a position to transfer ownership in the offered Vehicle to the purchasing User (in this capacity “**Buyer**”) immediately after conclusion of the purchase contract against payment of the purchase price.
      • Requirements: When placing Offers for Sale, Sellers must fulfil the requirements demanded by Classic Trader, e.g. provision of a qualified Vehicle report (if necessary obtained as part of “CT Inspections”), meaningful, high-resolution images and, if necessary, other information useful for fraud prevention. Classic Trader reserves the right to carry out (sample) checks on the content and information provided by the Seller and to delay the publication of the Offers for Sale for up to 14 days for the purpose of carrying out the check. It is clarified that such a delay may result in Classic Trader also determining the time of the end of an auction. Furthermore, it is clarified that Classic Trader may refuse to publish the Offer for Sale if the required content and information is not provided by the Seller.
      • Identity verification: Classic Trader offers to carry out a procedure to verify the identity of the Buyer. The Buyer is obliged to complete the identity verification in any case after the conclusion of a purchase contract via the Sales Functionalities and Classic Trader can make the provision of information about the Buyer and Seller dependent on the Buyer completing the identity verification. However, the Seller may also waive the execution of the identity verification.
      • Reservation of remuneration: Classic Trader can make the provision of information about the Buyer and Seller dependent on the Buyer paying Classic Trader the remuneration owed in accordance with Clause 8.1. This also applies if the provision of the information is necessary for the execution of the purchase contracts concluded via the Online Marketplace. However, the Seller has the right to pay the remuneration owed by the Buyer to Classic Trader in order to receive the information necessary for the execution of the purchase contract. In this case, Classic Trader will provide the Seller with the required information and assign the corresponding claim for remuneration against the Buyer to the Seller.

    4. The following provisions apply to Offers for Sale in Auction Format:

      • Conclusion of contract: When placing the offer, the Seller may set a minimum price below which a contract for the sale of the advertised Vehicle shall generally not be concluded. Minimum prices can be reduced or deleted by the seller after the offer has been placed (up to a maximum of ten days after the end of the acceptance period, i.e. the period within which bids are submitted); however, it is not possible to increase the minimum price after the offer has been placed. Users can accept the seller’s offer by placing a bid. Acceptance is subject to the condition precedent that the User is the highest bidder after expiry of the period within which the offer can be accepted. A bid expires if another User places a higher bid during the bidding period. If a bid does not reach a specified minimum price (what is displayed on the Online Marketplace ), it is only effective if (i) the seller makes a corresponding reduction in the minimum price, or (ii) Classic Trader voluntarily agrees that the fee payable to Classic Trader for enabling the purchase of Vehicles via the auction functionality is paid to the seller in full or in part, with the result that the seller receives in total the amount that it would have received if the bid had reached the minimum price.
      • Withdrawal of offers or bids and termination of auctions: In the event of premature termination of the offer by the seller, a purchase contract for the Vehicle is concluded between the seller and the highest bidder (i.e. the bidder who has made the highest effective bid, taking into account any minimum price) at the time of termination of the offer, unless the seller was entitled by law to withdraw the offer. Users can only withdraw bids if they are entitled to do so by law. After a justified bid withdrawal, no contract is concluded between the User, who is again the highest bidder after the auction has expired due to the bid withdrawal of another User, and the seller; accordingly, a contract can only be concluded if a higher bid is submitted again after a bid withdrawal. If a bid is deleted by Classic Trader before the end of the bidding period, no effective contract is concluded between the highest bidder and the seller.

    5. The following applies to Offers for Sale in the Buy-it-now Format:

      • Duration: Offers for Sale in the Buy-it-now Format from consumers are available on the Online Marketplace for 120 days, unless they are terminated by the consumer placing the Offer for Sale. Offers for Sale in the Buy-it-now Format from dealers may be terminated by the dealer (by marking them as “sold” or deleting them).
      • Conclusion of contract: The purchase contract is concluded when a User accepts the Seller’s binding (fixed price) offer via the buttons provided on the Online Marketplace.

    6. The following applies to Offers for Sale in the Submit-Offer Format:

      • Duration: Offers for Sale in the Submit-Offer Format from consumers are available on the Online Marketplace for 120 days, provided that they are not terminated by the consumer beforehand. Offers for Sale in the Submit-Offer Format from dealers are terminated by the dealer (by marking them as “sold” or deleting them).
      • Conclusion of contract: The purchase contract is concluded when a User sends the Seller a binding offer to purchase the advertised Vehicle via the buttons provided on the Online Marketplace (to which the User is bound for a period of 10 days) and the Seller accepts this offer within the binding period via the buttons provided on the Online Marketplace.

    7. Upon and/or after termination of an Advertisement, Dealers have the option to mark successfully sold Vehicles (or the underlying Advertisements) as “sold”. The advertisements marked accordingly can still be accessed via the Online Marketplace and viewed by Users of the Online Marketplace and thus serve in particular as a reference for the seller. However, they will be clearly marked as “sold” and will no longer allow prospective buyers - unlike “active” listings - to contact the seller via the contact channels provided (in particular: contact form).

    8. The Online Marketplace is a specialized marketplace for the Vehicles listed in its own database. Other Vehicles cannot be advertised via the Online Marketplace. If a Vehicle for sale is not yet listed in the database, a request can be made to Classic Trader to list the Vehicle in the database of the Online Marketplace. Classic Trader will process the request within a reasonable period of time and will then immediately release the Vehicle for publication, provided that Classic Trader considers it to fall within the definition of a Vehicle applicable to the marketplace.

  5. Requirements for advertisements

    1. The Advertisements must be correct in form and content at all times. In particular, defects of the Vehicle and other circumstances which reduce the value not only insignificantly may not be concealed. Advertisements with incorrect price information, e.g. price information without value-added tax in the case of Vehicles subject to regular taxation or the mention of down payments or installments in the price field in the case of financing offers are also inadmissible.

    2. If a posted classic car is a replica, this must be clearly indicated, in particular by selecting the appropriate category in the input mask and by the content of the posted text. Furthermore, the information provided by the User as well as the pictures of the replica must not violate the rights of third parties, in particular any existing trademark and/or design rights. Correctly categorized replicas will be marked as such by Classic Trader in the presentation.

    3. It is not permitted to offer several Vehicles individually or as a package within one advertisement. It is also not permitted to advertise the same Vehicle more than once at the same time in one of the offered upper categories of the Online Marketplace. Furthermore, purchase advertisements or search orders as well as advertisements that aim to advertise other goods or services are not permitted. The listing of service telephone numbers whose dialling is directly or indirectly associated with special charges for the caller, in particular numbers with the area code “0900”, is also prohibited. Finally, it is not permitted to provide links to external websites unless these are required by law.

    4. The User undertakes to place only such image and video files in the database which he is entitled to use without restriction (to the extent and for the purposes provided for by these Terms of Use) and which are not encumbered with third-party rights - in particular third-party copyrights. The pictures and videos used must not be misleading and must reflect the actual and current condition of the offered Vehicle. If the User posts pictures and videos of other Vehicles, for example to illustrate the emotional value of the offered Vehicle model, he must clearly indicate that the Vehicle shown is not the offered Vehicle, but - for example - only the same model. If the User uses catalogue pictures or catalogue videos, he must also make these separately recognizable. The posting of image and video files that do not exclusively represent the classic car offered by the User (or - with the corresponding identification - at least the corresponding Vehicle model) is not permitted. This includes in particular image files with integrated logos, text and the like.

    5. If a User places advertisements on the Online Marketplace via a data service provider commissioned by him, the User is obliged to check the transmitted data for completeness and accuracy. The User remains responsible for all advertisements placed via his User account, regardless of whether they were placed by him via a commissioned/authorized third party.

    6. The User must also ensure that other content posted by him (e.g. as part of the comment function) does not violate legal provisions or the rights of third parties.

  6. CT Inspections

    1. Classic Trader offers the preparation of expert opinions for selected Vehicle categories within the scope of „CT Inspections“. The appraisals are prepared on behalf of Classic Trader by one of the appraisers named in the list of appraisers (“List of Appraisers”) which can be viewed here, in accordance with the “CT Inspections” sample appraisals provided by Classic Trader.

    2. After a corresponding assignment by the User, Classic Trader will subcontract the preparation of the expert opinion to one of the experts named on the list of experts. In principle, the User has no right to demand that Classic Trader select a specific expert listed on the expert list; rather, the decision on this is at Classic Trader’s sole discretion. This does not apply if Classic Trader enables the User to select a specific appraiser; in this case Classic Trader will commission the appraiser selected by the User.

    3. The following linked contractual provisions of the appraiser subcontracted by Classic Trader or of the appraiser organization under whose umbrella the appraiser subcontracted by Classic Trader performs its services as shown in the list of appraisers apply accordingly to the provision of the appraisal services:

      Any conflicting or deviating terms and conditions of the User shall not apply unless they have been expressly confirmed in writing.

    4. The User shall provide the appraiser subcontracted by Classic Trader with all information and documents necessary for the preparation of the appraisal conscientiously, completely and free of charge as well as in a timely manner. In addition, the User shall draw the appraiser’s attention to all processes and circumstances which may be of significance for the preparation of the appraisal report. Furthermore, the User shall use his best efforts to arrange a prompt date for the appraisal of the Vehicle with the appraiser subcontracted by Classic Trader.

    5. In the event that the User does not expressly agree and confirm that Classic Trader can completely prepare the expert opinion before the expiration of the revocation period with the consequence that the User’s right of revocation expires, Classic Trader reserves the right to begin with the performance of the service only after the expiration of the 2-week revocation period.

  7. Measures in the event of violations; exemption

    1. If there are concrete indications that a User violates legal regulations, third party rights or these Terms of Use, Classic Trader is entitled to (i) delete posted advertisements or other content, (ii) delay publication, (iii) otherwise limit/restrict the use of the Online Marketplace and/or (iv) temporarily or - if the User repeatedly or particularly seriously violates these Terms of Use or there is other good cause - permanently block a User. When choosing the measure, Classic Trader will take into account the legitimate interests of the User concerned, in particular whether there are indications that the User is not responsible for the violation.

    2. The User indemnifies Classic Trader against all claims asserted by third parties against Classic Trader due to the infringement of their rights by an advertisement or due to the User’s other use of the Online Marketplace. In this regard, the User also assumes the costs of the necessary legal defense by Classic Trader, including court and attorney fees. This does not apply if and to the extent that the User is not responsible for the infringement.

  8. Remuneration

    1. Registration is free of charge. For the placement and extension of an advertisement which is not an Offer for Sale as well as for additional services available via the Online Marketplace (and marked as such) for which a fee is charged, the flat-rate remuneration set out in the Price list applicable at the time of the placement or extension of the advertisement or the commissioning of the additional service shall apply.

    2. For enabling the purchase of Vehicles via the sales functionality, For enabling the purchase of Vehicles via the Sales Functionalities, a fee of 8.5% (incl. VAT) of the gross sales price (in the respective national currency) is payable by the buyer, but at least (converted on the basis of the exchange rate applicable at the time the purchase contract is concluded) EUR 500 (incl. VAT). Different price lists may apply for consumers and dealers.

    3. For consumers, a lump-sum fee to be paid (e.g. for the placement of an advertisement which is no Offer for Sale, or for commissioned additional services) shall become due for payment upon conclusion of the contract on the publication of the respective advertisement or on the respective additional service. For dealers, such flat-rate fees are due for payment upon receipt of an invoice from Classic Trader for the flat-rate fee incurred in the respective month.

      Fees for Offers for Sale are, in deviation from this (for both dealers and consumers), due for payment upon conclusion of the purchase contract for the advertised Vehicle.

    4. The payment methods available to Users are credit card collection, PayPal or SEPA direct debit. In this respect, the following shall apply:

      • Credit card: The User provides his credit card details when submitting his declaration aimed at concluding a contract for services from Classic Trader (“contractual declaration”). After legitimation as a legitimate cardholder and due date according to section 8.3, the payment transaction will be carried out automatically and the card will be charged.
      • SEPA Direct Debit Procedure: The User grants Classic Trader a SEPA direct debit mandate upon submission of his contractual declaration. Classic Trader will inform the User about the date of the account debit (so-called prenotification). Upon submission of the SEPA direct debit mandate, Classic Trader will request its own bank to initiate the payment transaction. The payment transaction is automatically executed and the User’s account is debited. The account will be debited after the due date has occurred in accordance with Section 8.3. The period for advance notice of the date of the account debit (so-called prenotification period) is 3 days.
      • PayPal: In the process of submitting his contractual declaration, the User is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the User must be registered there or register first, legitimize himself with his access data and confirm the payment instruction to Classic Trader. After the due date according to section 8.3 Classic Trader requests PayPal to initiate the payment transaction. The payment transaction will be automatically executed by PayPal immediately thereafter. Further instructions result from the process for submitting the contractual declaration.

    5. If the collection of receivables fails, the User must reimburse Classic Trader for any additional costs incurred, unless he is not responsible for the failure or can prove that no damage or significantly less damage has been incurred. The invoice shall be sent exclusively by e-mail. For the sending of an invoice in paper form at the request of the User, Classic Trader charges a lump sum for each invoice in accordance with the applicable price list.

    6. In the event of default of payment, Classic Trader is entitled to withhold its own services and to block the advertisement of the User concerned.

  9. General obligations of Users; copyrights and rights of use

    1. Search inquiries may only be made via the search mask offered on the Online Marketplace. It is not permissible to search by circumventing the search masks, in particular by using search software that accesses the website or the databases. The User also undertakes to refrain from electronic attacks of any kind on the Online Marketplace. Electronic attacks include, in particular, attempts to overcome, circumvent or otherwise disable the security mechanisms of the Online Marketplace or the use of computer programs to automatically read data, the use and/or distribution of viruses, worms, Trojans, brute force attacks and spam.

    2. The User acknowledges that all existing rights to the Online Marketplace, including all intellectual property rights such as copyrights, trademark rights, patents and all other proprietary rights, are exclusively and unrestrictedly vested in Classic Trader or third party licensors of Classic Trader. The User is not permitted to reproduce, modify, decompile, edit, reverse engineer, disassemble, translate or otherwise attempt to convert the Online Marketplace into source code. However, this applies only to the extent that such action is not expressly permitted under Sections 69d or 69e UrhG.

  10. Term

    1. Users may delete their User Account at any time and thereby terminate the underlying User Agreement. Running (published or paused) advertisements of the User which are not Offers for Sale in the Auction Format shall be terminated immediately in the event of a termination by the User himself (within the meaning of Section 4.2 of these Terms of Use). In the event of such a termination by the User, there shall be no refund of the remuneration paid for the posting or renewal of the advertisement. If, at the time of deletion of the User account, Offers for Sale in the Auction Format of the User are still active, the deletion of the User account will, in deviation from the above provisions, only be executed after the end of the respective auction and the termination of the user contract will only become effective at that time.

    2. Classic Trader may terminate the user contract concluded with the User by registration at any time with a notice period of 30 days. In case of a termination by Classic Trader, running (published or paused) advertisements of the User remain as such until their expiration and can be edited by the User - as during the contract period - via the User account. Only an extension of the advertisement duration (according to section 4.2 of these Terms of Use) is excluded. In all other respects, however, the provisions of these Terms of Use shall continue to apply to ongoing advertisements.

    3. Upon termination of the user agreement, the advertisements marked as “sold” will be anonymized by Classic Trader by removing all references to the identity of the respective provider in the advertisements. The advertisements remain publicly retrievable via the Online Marketplace.

    4. Classic Trader’s right to extraordinary termination as well as to block a User, to delete content, to delay publication and to impose other limitations/restrictions in accordance with section 7.1 of these Terms of Use remains unaffected by the above provisions of this section 10.

  11. Warranty and Liability

    1. Classic Trader does not guarantee the secure, uninterrupted or error-free operation of the Online Marketplace. In cases of force majeure, Classic Trader is released from its obligation to perform. Force majeure includes all unforeseen events as well as events whose effects on the fulfilment of the contract are not the responsibility of either party. These events include, in particular, lawful industrial action, also in third party companies, official measures, failure of communication networks and gateways of other operators, disruptions in the area of line providers, other technical disruptions, even if these circumstances occur in the area of subcontractors, sub-suppliers or their sub-subcontractors or with operators of sub-node computers authorized by the User. The User shall not be entitled to any claims in the event of failures for which Classic Trader is not responsible.

    2. Classic Trader is liable in accordance with the statutory provisions for intent and gross negligence on the part of Classic Trader, its legal representatives, executive employees or other vicarious agents. The same shall apply in the event of the assumption of guarantees or other liability irrespective of fault as well as in the event of claims under the Product Liability Act or in the event of culpable injury to life, limb or health. Classic Trader is liable in principle for simple negligent violations of essential contractual obligations caused by Classic Trader, its representatives, executives and simple vicarious agents, i.e. such obligations on the fulfilment of which the User regularly relies and may rely for the proper execution of the contract, in this case, however, limited to the amount of the typically arising, foreseeable damage.

    3. Any further liability of Classic Trader is excluded.

    4. Insofar as the liability of Classic Trader is excluded or limited, this also applies to the personal liability of its legal representatives, executive employees and simple vicarious agents.

  12. Data Protection

    1. When using the Online Marketplace, Classic Trader collects and processes personal data of the Users. The data processing is carried out in accordance with the Classic Trader privacy policy.

  13. Final Provisions

    1. Classic Trader reserves the right to amend these Terms of Use at any time and without stating reasons. The amended terms will be sent to Users by e-mail at least two months before they come into force. If a User does not object to the validity of the new Terms of Use within two months after receipt of the e-mail, the amended Terms of Use are deemed accepted. Classic Trader will separately inform the User of the possibility of objection and the significance of the two-month period in the e-mail containing the amended Terms of Use.

    2. The legal relationship between Classic Trader and the User shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers domiciled in the EU, the mandatory provisions of the consumer protection law of the member state in which the consumer is domiciled also apply, provided that these are more advantageous for the consumer than the provisions of German law. If the User is a merchant within the meaning of the German Commercial Code (HGB), Berlin is agreed as the exclusive place of jurisdiction for all disputes arising from and on account of the use of the Online Marketplace.

    3. The European Commission provides a platform for online dispute resolution (OS), which can be accessed here. Classic Trader is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

    4. For the purpose of fulfilling the contract and exercising the rights arising from this contract, Classic Trader may use affiliated companies. Classic Trader is entitled to transfer its rights and obligations under this contractual relationship in whole or in part to third parties with four weeks’ notice.

    5. Should individual provisions of these Terms of Use be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these Terms of Use that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or ineffective provision with an effective provision that comes as close as possible to it in economic terms.