Terms and conditions - Orderyourcar

1. General and scope

1.1 Orderyourcar offers to its customers services in relation to the search, comparison, selection, purchase and transport / import of used vehicles and new vehicles, according to which Orderyourcar provides all services to its customers under these terms and conditions, in version currently in force, the contract is concluded.

1.2 Orderyourcar expressly rejects any diverging general terms and conditions of the customer. The derogating or supplementary general terms and conditions of the customer are not part of the contract, even if they have not been explicitly contradicted. Deviations from these terms and conditions, additional agreements or any conflicting terms and conditions of the customer are valid only if confirmed in writing by Orderyourcar.

1.3 The information for the protection of the personal data of the client is available in the data protection declaration on the website www.orderyourcar.gr.

2. Object of the contract and description of the services

2.1 The range of services provided by Orderyourcar and therefore the content of the contract are the services presented in Section 2 of the General Terms and Conditions in relation to the selection, purchase and, where applicable, transport / import of vehicles in accordance with the provisions of these General Terms and Conditions. Orderyourcar provides the services in relation to the purchase in accordance with point 2.2 itself and ensures that the customer enters into contracts with third parties for the services in relation to the purchase in accordance with point 2.3. The placement of third party providers is carried out in accordance with point 3 of these terms and conditions.

2.2 Same work

(a) Orderyourcar offers the customer to ask for the accuracy of an advertisement displayed on the website and the availability of the vehicle by calling the seller of the vehicle.

(b) Orderyourcar provides support to the customer in performing administrative activities directly related to the market. The import process includes:

The supply of documents and their transmission to the responsible general importer.

Registration for payment of normal excise duty and sales tax;

If authorization or cooperation is required from the client for the import process, the client must issue the relevant power of attorney or cooperate accordingly. If the customer refuses to issue the necessary power of attorney or if the customer does not provide the necessary cooperation, Orderyourcar is entitled, without losing the claim for a fee, not to provide the import process.

(d) Orderyourcar undertakes the management and coordination of the market and advises the customer accordingly.

2.3 Brokerage services

(a) Orderyourcar offers the customer to refer to a third party provider for appraisal and evaluation of the vehicle. When arranging for third parties to carry out expert inspection, Orderyourcar will take into account the professional qualifications, geographical proximity of the third party to the vehicle and the suitability of the price-performance ratio.

3. Third party services

3.1 The services provided in accordance with point 2.3 (expert inspection, transfer, are also provided by third party providers independent of Orderyourcar. In this context, Orderyourcar acts only as a representative.

3.2 The contract for the provision of third party services is concluded between the customer and the respective third party provider. If the customer authorizes Orderyourcar to enter into contracts with third party providers, Orderyourcar may enter into these contracts on behalf of the customer.

3.3 Orderyourcar will inform the customer about the essential content of the contract by the customer before concluding contracts with third party providers.

4. Contract

4.1 The contracts between Orderyourcar and the customer are concluded through the website.

4.2 Advertisements for the sale of vehicles appear on the website. The ads come from generally accessible used car portals and are not created by Orderyourcar itself.

4.3 If the customer chooses a vehicle on the website, Orderyourcar calculates the cost of outsourcing services and services based on the information from the advertisement – in particular the purchase price – and communicates them to the customer through the website.

4.4 By selecting the check boxes, the customer can choose which services and services of third parties he wants to order. By clicking on the “Expert Check” or “Express Delivery” button, the customer submits a binding offer to enter into a contract for the provision of selected services and to mediate the selected third party services (the “contract”).

4.5 The contract is concluded when Orderyourcar accepts the offer. Acceptance can be by email or phone. If Orderyourcar decides to send the customer a summary of the offer for approval, the contract is concluded through the customer’s approval.

5. Obligations of the customer

5.1 The customer undertakes to provide his data honestly. The customer is responsible for the accuracy of the data he provides.

5.2 The customer is obliged to protect his data – especially his login data – from unauthorized access by third parties, improper use or uses made with fraudulent intent. The customer must immediately report any unauthorized, misuse or fraudulent use of his data as well as the suspicion that his data could be exposed to such a risk via e-mail to info@orderyourcar.gr.

5.3 The Customer undertakes not to interfere with the website, other Orderyourcar systems or the underlying software, in particular hacking attempts, malware intrusion (viruses / worms / Trojans / etc.) or other malfunction attempts, with technical or electronic aids Companies.

6. Payment

6.1 The charge to be paid by the customer is based on the contract.

6.2 Orderyourcar is entitled to issue to the customer a collective invoice at the cost of all services provided and services of third parties. Prior to completing all agreed third party services, Orderyourcar reserves the right to charge the customer for services already provided and third party services.

6.3 Invoices are sent to the customer in electronic form via email.

6.4 If the customer is insolvent, Orderyourcar is entitled to charge default interest of 8% per annum from the respective expiration date.

6.5 In addition, in case of default, the customer undertakes to return to Orderyourcar for reminder and collection charges, to the extent necessary for proper legal action if the customer is at fault. Orderyourcar’s claim for further rights and claims remains unaffected.

6.6 In case of default by the customer, Orderyourcar is entitled to make due all services and services of third parties that have already been provided to the customer. In addition, Orderyourcar is no longer obliged to provide or mediate further services until the amount due is settled.

7. Warranty

The legal warranty provisions apply.

8. Responsibility

8.1 Orderyourcar is only liable, for any legal reason, if the damage was caused by Orderyourcar with intent or gross negligence. Orderyourcar’s liability for negligence is excluded – with the exception of bodily injury and damage resulting from breach of one of the principal performance obligations set forth in point 2 of these General Terms and Conditions.

8.2 For the sake of clarity, it is stated that Orderyourcar cannot be held liable for customer claims under contracts with third party providers. Orderyourcar is also not responsible for the accuracy of the information given in the advertisements (especially the quoted purchase prices).

8.3 If the customer has been informed about the person of the third party provider as well as the essential content of the contract with a third party provider and the customer has approved the conclusion of the contract with the known terms, Orderyourcar’s responsibility for the selection of this third party provider is excluded.

9. Duration of the contract

9.1 The contract is an employment and service contract.

9.2 The contract ends with full provision of services through Orderyourcar and full payment by the customer.

9.3 Orderyourcar is entitled to withdraw from the contract with immediate effect if there is a significant reason. The declaration of dissolution must be in writing. Such an important reason exists especially, but not exclusively, if the customer breaches basic obligations under a contract, such as the execution of a due payment or persistently essential provisions of these terms and conditions.

9.4 The customer is entitled to withdraw from the contract with immediate effect if there is a significant reason. The declaration of dissolution must be in writing. Such an important reason exists especially if the retention of the contract is no longer reasonable for the customer because Orderyourcar violates basic provisions of these terms and conditions or the contract.

10. Right of withdrawal for consumers

10.1 If the customer is a consumer, he has the right to withdraw from the contract within fourteen days without stating any reason.

10.2 The cancellation period is fourteen days from the day of concluding the contract.

10.3 In order to exercise the right of cancellation, the customer must cancel the contract through a clear statement (eg via letter sent via e-mail) to Orderyourcar at info@orderyourcar.gr

For revocation, the customer can use the following sample revocation form or other clear statement and submit.

10.4 In order to meet the cancellation deadline, it is sufficient for the customer to send the notice for the exercise of the cancellation right before the end of the cancellation period.

10.5 Consequences of cancellation: If the customer cancels the contract, Orderyourcar must return to the customer all payments received from the customer immediately and no later than fourteen days from the date on which the notice of cancellation was notified and received from Orderyourcar. For this payment, Orderyourcar uses the same payment methods used by the customer in the original transaction, unless otherwise agreed with the customer. Under no circumstances will the customer be charged any fees for this payment.

10.6 If the customer has requested to start providing the services or services of third parties during the cancellation period, the customer must pay to Orderyourcar an appropriate amount, which corresponds to the part of the time point until Orderyourcar from the exercise of the cancellation right of this contract has already provided services or services to third parties compared to the total range of services or services of third parties.

10.7 To clarify, it is stated that the terms and conditions agreed between the customer and the third party provider apply to the revocation of contracts with third party providers.

10.8 Model withdrawal form

(If you want to cancel the contract, fill out this form and send it back)

To Orderyourcar

I revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following services (*)

Ordered on (*) / received on (*):

Consumer name (s):

Consumer address (s):

Signature of consumer (s) (only if notified on paper)

Date

___________________

I revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following services (*)

______________________________________________________________________________________________________

11. Applicable law and place of jurisdiction

11.1 Greek law applies only to the exclusion of the UN sales contract and the reference rules of private international law. If the customer is a consumer, the choice of law does not mean that the customer is deprived of the protection provided by the mandatory provisions of the law of the country in which he has his habitual residence.

11.2 The competent court of Thessaloniki is responsible for all lawsuits brought by the customer against Orderyourcar due to disputes arising from the contractual relationship. This does not affect the client’s right to sue in any other legal place of jurisdiction. For all actions against a consumer who has his domicile, habitual residence or place of employment due to disputes arising from the contractual relationship, one of these courts has jurisdiction in the district in which the client has his domicile, habitual residence or place of employment. For consumers who do not have a place of residence in Greece at the time of concluding the contract, the legal places of jurisdiction apply.

12. Final provisions

12.1 Changes, additions and ancillary agreements to these terms and conditions must be made in writing for them to take effect. This also applies to the agreement to abandon this formal requirement.

12.2 In the event of inconsistencies between these terms and conditions and divergent written agreements between the Contracting Parties, the provisions of the derogations shall prevail.

Terms of use

1. These terms and conditions contain the terms and conditions that apply exclusively between you and us, Orderyourcar, for the conclusion of a contract of free use by registering on the web portal www.orderyourcar.gr.

2. You will be notified in writing of any changes to these terms and conditions. If you do not object to this change within four weeks of receiving the notice, the changes will be deemed to have been accepted by you. You will be informed separately about the right of objection and the legal consequences of silence in case of change of terms and conditions.

Register as a user

1. Your registration and use of this portal is free. There is no right to conclude the user contract. Only one person who is legal is eligible. Upon request, you must send us a copy of your ID. You must provide the data required for registration in full and honestly. When you register, you choose a password. You are obliged to keep the password secret and not to reveal it to third parties.

2. Registration is valid only if these general terms and conditions have been accepted or approved.

3. You can delete your user account yourself at any time. All personal data you provide to Orderyourcar will be permanently deleted.

4. To access the portal, members must have access to the Internet and bear all relevant costs. The users themselves are responsible for obtaining the resources required for this access (eg computer, modem, etc.).

Offered services

1. Orderyourcar offers its users a web portal where interested users can be informed about used car offers.

2. For this purpose, used car advertisements from various used car portals in Germany are listed on the web portal.

3. Orderyourcar is not responsible for the correctness and usefulness of the information provided.

4. Orderyourcar reserves the right to terminate the services offered in whole or in part. Users will be notified in advance.

Obligations of users

1. The user guarantees that he will not use the Internet portal or any of the Orderyourcar services inappropriately and will always be in accordance with the law.

Copyright / industrial property rights

1.All brand and other proprietary rights in the Used Car Portal and in the content provided by Orderyourcar in a syntactic manner (eg brand name and logo) belong exclusively to Orderyourcar and may not be used by users or third parties electronically without the written consent of Orderyourcar.

Limitation of Liability

1. Orderyourcar is liable for fraud and gross negligence. Orderyourcar is also liable for the negligent breach of obligations, the fulfillment of which allows the correct performance of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and the compliance with which the user regularly relies. In the latter case, however, we are only liable for foreseeable, formal damage to the contract. Orderyourcar is not liable for the slightest negligence of obligations other than those mentioned in the previous proposals.

2. The above exceptions of liability do not apply in case of injury to life or health. Liability under product liability law remains unaffected.

3. In the current state of technology, data communication over the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, Orderyourcar is not responsible for the continuous and uninterrupted availability of used cars.

Third party websites

1. The order portal internetyourcar.gr contains links (the so-called hyperlinks) to third party websites. Orderyourcar assumes no responsibility for third party websites. The same goes for the advertising measures that are broadcast on the web portal. In particular, Orderyourcar is not liable for infringement of industrial property rights or personal rights.

2. The services offered and provided on third party websites may be subject to additional terms and may be charged to the user. The member is obliged to be informed about the general terms and conditions and the data protection practice before using the offers and services of third parties.

Final provisions

1. Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.

2. The law of Greece is applied. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

3. If permitted by law, the place of jurisdiction for all disputes is the seat of the Orderyourcar.

4. If individual provisions of this contract are ineffective or in conflict with the law, this will not affect the remainder of the contract. The ineffective provision will be reciprocally replaced by the parties with a legally effective provision that is as close as possible to the economic meaning and purpose of the ineffective provision. The above provision applies in case of gaps accordingly.