Terms & Conditions

§ 1 Preamble

1. AHG displays a database with vehicles data and prices in the internet under the website name www.AutoReale®.de . By using a search function with specific vehicle data, the technical data plus data regarding the vehicles condition, you can get real traded market prices paid between car dealers in auctions - live and online- from all over Germany.
2. Technical data are clear-cut facts such as manufacturer, type/model, body work, colour, registration date (MM,JJ), mileage, power in KW or HP, gasoline and gears. Most of these data are generally needed in order to perform a search. You have the chance to further refine the search by selecting cars with VAT acc. or §25a - vehicles. Furthermore you can widen or narrow the range around the intended date of first registration by radio buttons.
3. Soft data are considered data about details such as supplementary equipment from A-Z. The condition and the technical fault are also described as it is common with car auctions; the normal wear is - of course - not desribed separately. Larger damages or defaults are described and can be checked in order to value the price information.
4. Checking prices in our database means getting paid market prices of cars that had been traded between professonal parties during auctions. The condition of the vehicles can differ regarding their age, mileage and use. Also prior damages or accidents are possible

§2 Coverage/ Contractual relationship

1. AutoReale® offers 3 different ways to access prices; an anonymous user/visitor who intends to get a one-time price quote can do so buy directly buying the price, thus the most expansive way; a registered user - only email and password needed - gets his price quotes for half the price, and the third way are subscriptions for unlimited access into the database.
2. The terms & conditions govern the contractual relationship between AutoReale®.de and its users. By registering every user does accept our terms & conditions as binding.
3. The one-time anonymous user does also accept the terms & conditions by clicking on price and paying them.

§3 Conditions of Use/ Registrations

1. The use of the AutoReale®.de database can be anonymous. If a visitor does not intend to register himself, we will not store any data regarding his visit. AutoReale®.de reserves himself the right to store some technical and statistical data (including IP-address) as well as certain information regarding visitors in order to get data about visitor moves on the site. These data have never any relation to individuals; the data are only used for statistical purposes and help to improve the site and develop it further. We never collect information whih leads to registered personal identities.
2. From registriered users we collect personal data and use them for product enhancements, web statistics and new developments of the site´s usability. AutoReale®.de; data will never given to third parties or used in any way without prior consent of the user. Exempts are defined by legal rules and regulations only.
3. Registered usres can order further services by clicking on links or buttons which would then also forward some of their personal data. They hereby accept this.
4. In order to get price comparisons from AutoReale®.de-database, every user can register himself. The registration process requires an email address to be entered by the user and a self choosen password.
5. We also offer the possibility to get price quotes anonymous; this way is just more expansive than for registered users.
6. All data send to AutoReale®.de are treated in full confidence and they are never forwarded to third parties unless there is a legal duty to do so or a similar regulation that needs to be followed. In any given case AutoReale®.de will always use received data only for its own purposes. Any other use (i.e. user statistics etc.) are made anonymously. In any iven case the rules and regulations of § 4 Teledienstedatenschutzgesetz (TDDSG) are applicable.
7. Every user has the possibility to get unlimited access to the database by choosing a certain form of annual subscription with a minimum duration of 1 year (premium subscription 2 years). The IP-address of subscribers is safed. In principal we grant only one licence per user. Companies with affiliates need to purchase a single subscription for each affiliation. The user access data are solely for the respective subscriber. By transfering user access data we seek damages for any detected missuse. Each client accepts the storage of his data, length of use and IP address when entering into a subscription agreement.
8. AutoReale®.de informs its clients after successfully registering themselves by sending email with the chosen user access data. The client can then login and get prices for the rduced rate.
9. In principal there is no legal claim to get registered. AutoReale® has the right to barr any registration and has the right to cancel an established registration without any reason given.

§4 Services of AutoReale®/ Limitations

1. AutoReale® offers on its website a database with prices for vehicles traded and these prices have to be purchased.
2. The database comprises of vehicles and their respective data gathered from live and online auctions in Germany where they had been sold or bids had beeb placed under reserve. The status field in the results lists shows clearly if the car was sold or stayed under reserve. All prices are displayed as paid prices between cardealers during auction, prices are gross and without agio. So they are real traded market prices. The statusfield clearly shows that bids had been placed and with what kind of effect; the duty to pay for the won vehicles at the end of every auction makes it clear, that we are talking real prices. The database does not claim completeness in any way.
3. AutoReale®.de is not liable for any faults published in the database. Furthermore we are not liable for any loss or damage which might result direct or indirect through the use of this website.
4. AutoReale® displays its website in principal for 24 hours daily. Due to technical reasons, i.e. necessary maintenance, AHG reserves the right to suspend the site temporarily. Especially in case of force majeure or other serious cirrcumstances where AHG has no influence on.

§5 Transaction / Charges

1. When using the AutoReale®.de database a contract between us and the user is made which creates the duty to pay for the received data. Since these data are always kept up to date, the data cannot accessed for free.
2. Prices charged as follows:
   • anonymous visitor without login 1,99 € incl. VAT / vehicle
   • registered user with login 0,98€ incl. VAT / vehicle
   • subscriber monthly 29,00€ incl. VAT / vehicle (348,-€ p.a) / unlimited access
   • premium subscriber monthly 38,67€ incl. VAT / vehicle (464,-€ p.a) / unlimited access
   • telephone inquiries in preparation
   • SMS inquiries in preparation
3. The payment gateway is provided by Bill4Net which annouces the precise amount of payment and charges it to your phone bill.

§6

1. The user inserts his inquiriy by typing in data into the search fields:
   • (ID- Nr.) Internal number that would help to find a specific vehicle by the administartor in case of questions.
   • (manufacturer) name of the manufacturer, sometimes the brandname
   • (model/type) commonly used names i.e. E-Klasse for Mercedes, 5 Series for BMW
   • (bodywork) i.e..: limousine, station wagon, roadster, etc.
   • (gasoline) gas or diesel
   • (KW/HP) engine power
   • (EZ) date of first registration
   • (km-Stand) mileage as read on the speedo
   • (colours) sorted and shown as the offical colour code from KBA (Kraftfahrtbundesamt) plus their metallic derivatives; all others are special colours
   • (Auction date) date when the auction did take place
   • (tax type) describes if the vehicles has VAT accumulated and shows it separately on the bill/ price or §25a which means the VAT is included in the price and cannot be shown or subtracted as for export etc.
   • (status) shows if the car was sold or if it stayed under reserve; since under reserve is a serious bid of a professional cardealer we insert his bid as under reserve price into the AutoReale® database
   • (price) is the highest bid for which the car had been auctioned (the market value of the car) which is displayed after payment; for reasons of fairness we display all vehicle data including details prior the purchase of any price info
   • (details) you can display all vehicle data including extras and the condition and usage

§7 Security and Privacy/ Copyright

1. Each user is allowed to use AutoReale® data in order to compare prices. However trading with our data is forbidden.
2. All property rights for AutoReale® website belong to AutoReale® and AHG. We ask for the respective observance of any property rights and copyrights on our website. All content of AutoReale®.de is protected by the respective laws. You are not allowed to copy, distribute or use any parts of our online-presentation without prior written consent of AutoReale®.de - exept for your private use.
3. Likewise all text, photos, graphics, sound-, video- and animation file as well as their arrangements are protected by copyright and intellectual property rights. They are not allowed to be traded or copied, nor changed in order to be uesed on other media and websites. Some of our pages do display pictures with copyrights of the owners who did provide them.

§8 Liability/ Warranty

1. AutoReale®.de/AHG is principally only liable for intention and gross negligence regarding breach of contract relevant obligations. Excluded is any liability for consequential damages and indirect losses. AHG is furthermore not liable for technical faults or interruptions to his database or for transfer defaults during data transmissions.
2. AutoReale® is further more not liablefor the correctness and/or completness of the described vehicles datasets. This also apllies to described vehicle conditions and faults.
3. No liability at all can be derived from using the datbase either against AutoReale® or AHG which cause ever may be cited.
4. Ever customer is fully responsible and sole liable for his transactions by using his access data (username, password). For this reason the customer is obliged to protect the security of his access data (see also "customer duties").
5. The information is provided without any assurance or warranty, explicit or implied. Excluded are also any kind of implied warranties regarding negotiability, fitness for use or non-violation of laws or patents. Even so we consider our information correct, faults or accuracy is possible.

§ 9 AutoReale®.de/ AHG customer centre

During normal working hours AHG is available for its customers by phone and fax for questions and further inquiries. The customers accepts that AHG uses contact and phone numbers which are charged (min. 0,12 c / minute) in order to cover costs. Details are published with the respetive charges on the AHG-website according to the respective laws.

§ 10 Industrial property rights.

1. AHG is legal owner of all industrial property rights as realized through AHG-website i.e. trademarks, copyrights and the right to a name. In particular AHG is sole legal owner of the database which is the base for the internet offer, their technical solution and all other content rights and further elements of the AHG-website. All rights of use and exploitation rights belong to AHG.
2. AHG grants their website users the right to display content and datasets out of their database on their computers by data transfer (tcp/ip) and to have them printed in order to store this information. Any further use or modification of data out of the database is forbidden. Escpecially it is forbidden to use these data in order to create an own database for any form or type of media and intent.
3. AutoReale® offers an innovative and informative internet-program, thus hoping that the users will enjoy our creativity as much as AHG does. AHG asks to be appreciative that our intellectual property rights including tradmarks and copyrights need to be protected and that out internet sites cannot grant any licences regarding these intellectual property rights.

§ 11 Final provisions

1. Any changes from these terms and conditions through a client will only become effective if AHG has accepted them in written form. Therefore the client has the burden of proof.
2. Changes and/or amendments of these terms and conditions will be announced timely to the customers. The changed terms and conditions are considered approved if the client does not object in writing within 2 weeks prior announcement and respective publication as stated in §1 of these terms and conditions.
3. Changes and/or amendments regarding this contractual relationship between AHG and the client need to be inwritting only. This also applies to the change of the written form clause.
4. If any provisions of these terms are now or in the future totally or partially ineffective, the effectivness of all other provisions - even partially - is not harmed. Instead of the ineffective or missing provisions the respective legal rules and regulations become effective.

§ 12 Choice of Law / Jurisdiction

1. The contractual relationship between AHG and the client is governed by the law of the Federal Republic of Germany.
2. The court of jurisdication shall be the respective court of the then registered office of AHG.

§ 13 Prevalence/ Validity

These general terms and conditions are valid form February 1st,.2005 for all inquries and results of

AutoReale®.de
an enterprise of
Autohandel Heyne GmbH
Klausenweg 6
D-63452 Hanau

HRB 4944 (AG Hanau)