General terms and conditions regarding the
utilization of the services of SC-Exports that
are accessible via the website www.sc-exports.com
Please read these general terms and conditions (hereinafter the “T&Cs”) carefully before
using the website and services of SC-Exports (Gesellschaft mit beschränkter Haftung, a
German company with limited liability). By using our website and/or our services you agree to
be bound by these T&Cs.
§ 1 General provisions
1. The website www.sc-exports.com is a website operated by SC-Exports with its seat
in Grassau, Germany (hereinafter “SC-Exports.com” or “we”).
2. SC-Exports.com operates a database that is accessible via the Internet, in which we list
motor vehicles for sale and which can be used for motor-vehicle searches by
approved car dealers (hereinafter the “Users” or “Dealers” or “you”) via the search
function made available by SC-Exports.com.
3. These T&Cs shall govern the utilization of our website and/or service. By using our
website, the respective User agrees to be bound by these T&Cs. We reserve the right
to modify these T&Cs at any time and without giving reasons.
4. Any conflicting terms & conditions of a User shall not apply.
§ 2 Registration
1. Only Dealers of motor vehicles are allowed to register. They may register with
SC-Exports.com as a legal entity or as a natural person. The person registering must be
authorized to effect a registration on behalf of the participating User.
2. SC-Exports.com will decide, after receipt of the registration and at its own discretion,
whether the Dealer is granted access to the database. The acceptance of an offer by
a Dealer will be made either by way of a written confirmation on the part of
SC-Exports.com or by transmitting the access data (username and password).
3. As part of the registration and in the further course of the business relationship,
SC-Exports.com is entitled at any time to require the submission of a current excerpt
from the commercial or trade register and other documents as well as information
that is necessary and useful for a registration. Non-German Dealers will be required
to submit comparable supporting documentation and/or documents.
4. If the details that were provided change after registration, the participating User is
obliged to notify SC-Exports.com thereof without delay. The information may only be
provided in writing, by e-mail or by fax.
5. The User must keep his password confidential and must diligently secure their access
data. Furthermore, he is obligated to inform SC-Exports.com immediately if there are any
indications that his access data is being, or has been, misused by third parties.
6. The User is generally liable for all activities that are carried out using his access data.
If the User is not responsible for the improper use of his access data because there is
no breach of existing duties of care, he shall not be liable.
§ 3 Blocking
1. SC-Exports.com may take a variety of measures if there are specific indications which
suggest that a User breaches statutory provisions, third-party rights or these T&Cs, or
if SC-Exports.com has any other legitimate interest, in particular in the event that a User
is in default of payment (Zahlungsverzug) in the context of a motor-vehicle deal with
SC-Exports.com or an affiliated company of SC-Exports.com.
2. The measures include issuing a warning to Users or blocking them temporarily or
permanently. In its choice of which measure to apply, SC-Exports.com will take into
account the legitimate interests of the affected User and the degree of his fault.
§ 4 Rights of use
1. Within the limits of these T&Cs of Use, Users shall have the right, using the online
search mask that is made available, to make individual data sets visible on their
screens and to print them out in order to create a permanent visual image. In
addition, the User may submit binding offers for individual motor vehicles.
2. Activities of Users that are aimed at rendering our service non-operational or at
making its utilization more difficult are prohibited.
3. In the absence of our express prior written consent, Users must not systematically
extract parts of our service and/or reuse them. In particular, without the express
written consent of SC-Exports.com, Users must not use data mining, robots or similar
data-collection and data-extraction programs in order to extract any substantial parts
of our service for purposes of reusing them.
4. Any linking, integration or other linkage of our service without express written
consent is prohibited.
5. The appearance and scope of functionality of the service may differ depending on
the type of access – for instance via the website or via mobile-phone app. The right to
use the service and its functions shall be limited to the current state-of-the-art
technology.
§ 5 Warranties
1. We do not give any warranty (Gewährleistung) for the technical defects, in particular
for the continuous and uninterrupted availability of the website or for the error-free
display of the contents entered by the User.
2. In the event that the service offered is not accessible, the User may contact our
customer service.
§ 6 Data protection
1. We take the protection of personal data and of the privacy of the Users of our
website very seriously. To ensure the greatest possible protection, it goes without
saying that we comply with all legal regulations in the area of data protection.
2. The controller (verantwortliche Stelle) and the service provider (Diensteanbieter), is
SC-Exports, Grassau. Please feel free to contact the data-protection officer of
SC-Exports.com at any time for all questions pertaining to data protection. The best way
is by e-mail to info@sc-exports.com.
3. Personal data is information that can be attributed to a User individually. This
includes, for example, the e-mail address or, where applicable, telephone number of
a User. We collect personal data via our website if such data is made available to us
by the User.
4. We use such data to the extent to which this is necessary for purposes of providing
our service to the User. The utilization of the data for advertising is limited to
purposes of self-promotion (including referral advertising [Empfehlungswerbung]) by
us or by affiliated companies.
5. We use your e mail address to offer you our own similar goods or services.
§ 7 Limitation of liability
1. We strive to always make sure that the services provided by SC-Exports.com are available
without interruption and free from any errors. However, due to the nature of the
Internet, it is impossible to guarantee (garantieren) this. It is also possible that your
access to our website may be interrupted or limited from time to time in order to
allow for repairs, maintenance work or the introduction of new services. We
endeavor to limit the frequency and duration of each of these temporary disruption
or limitation.
2. In the context of the use of our website and services, we are liable without limitation
for any loss or damage caused, either intentionally (vorsätzlich) or by gross negligence
(grob fahrlässig), by SC-Exports.com or by its legal representatives, employees or by
‘persons employed in performing a contractual obligation for whom SC-Exports.com is
vicariously liable’ (Erfüllungsgehilfen/vicarious agent).
3. In the event of a slightly negligent (leicht fahrlässig) breach of merely immaterial
contractual obligations, SC-Exports.com shall not be liable. Other than that, liability for
loss or damage caused by slight negligence shall be limited to any loss or damage
whose occurrence must typically be expected. In this context, liability shall be limited
to the direct average damage.
4. The foregoing limitations of liability shall not apply to any loss or damage arising
from an injury of life, body or health, as well as to any other loss or damage arising
from fraudulent intent (Arglist).
5. To the extent that the liability of SC-Exports.com is excluded or limited, this shall also
apply in relation to the personal liability of employees, representatives and vicarious
agents.
§ 8 Copyrights and rights of use
1. All trade signs, logos, texts, images and other data on our website are subject to
copyright protection. The utilization of our website does not entitle you to any further
utilization of such information. The modification, further processing and use in media
of any kind is generally not permitted. Any further use is only possible with our prior
written consent.
2. The unapproved use of out information as well as of the logos or trademarks of third
parties that are reproduced on our website breaches our rights and/or third-party
rights and is not permitted.
§ 9 Severability clause
Should any provision of these T&Cs be or become invalid, this shall not affect the legal
validity of the remaining provisions. Instead of the invalid provision, a valid provision shall be
deemed to have been agreed which comes closest to the economic purpose intended by the
parties.
§ 10 Governing law, place of performance and place of jurisdiction
1. The laws of the Federal Republic of Germany shall apply to the exclusion of all other
laws.
2. Place of performance is Grassau, Germany, if the contracting parties are
merchants, legal entities under public law or special funds under public law.
3. The exclusive competent court of jurisdiction for all current and future claims arising
from this contractual relationship shall be the district court of Grassau, or the higher regional court of this court, insofar as the
contracting parties are merchants, legal entities under public law or special funds
under public law or at least one of the contracting parties has no general place of
jurisdiction in the Federal Republic of Germany.
(Version: September 2020)