These General Terms and Conditions apply to all contracts concluded with Missing Car Register GmbH, Erbacher Tal 18, 64646 Heppenheim, Germany (hereinafter referred to as "MICARE PS"), which relate to services offered by MICARE PS.
MICARE PS offers a portal via www.missingcarregister.de on which vehicles can be registered and reported as stolen and vehicle parts can be identified as stolen. The following terms and conditions as well as the contract text are written in German, can be loaded into your working memory and printed out by you and will also be sent to you in text form. The contract language is exclusively German. The contract text is stored by MICARE PS.
MICARE PS reserves the right to amend these Terms and Conditions at any time with effect from within the existing contractual relationship. MICARE PS will notify you of any such changes at least 30 calendar days prior to the changes coming into effect. If you do not object within 30 days of receipt of the notification and if you continue to use the Services after the expiry of the objection period, the changes shall be deemed to have been validly agreed upon from the expiry of the period. In the event of your objection, the contract will be continued under the previous conditions. MICARE PS will inform you of your right to object and of the consequences in the notice of change.
(1) The use of the services available on the portal requires your registration as a customer. Registration is free of charge. There is no right to registration. MICARE PS is entitled to reject registrations without giving reasons.
(2) You may only register if you are of legal age and have unlimited legal capacity. Minors are not permitted to register. In the case of a legal entity, registration must be carried out by a natural person with unlimited legal capacity and power of representation. By registering, you declare that you are the owner of the vehicle to be registered or that the owner or (if necessary) the owner of the vehicle has agreed to the registration.
(3) The information provided by you during the registration process can be changed or updated at any time under the menu Item "Your Account" - "Profile". You are responsible for ensuring that your password is not passed on to third parties and for all actions carried out using your login name in conjunction with your password. If you become aware of any misuse of your login name/registration data, you must notify MICARE PS immediately and change your login information.
(4) MICARE PS reserves the right to block your access to further use if there are reasonable grounds for suspecting misuse or material breaches of contract and/or to terminate the contractual relationship without notice in the event of particularly serious breaches.
2. performance description
The content and scope of the services are determined according to the respective contractual agreements, otherwise according to the functionalities currently available on the portal.
On the portal, both free and chargeable services are available to you. Chargeable services are marked as such. Regulations on their use can be found in Section X. You can make use of various MICARE PS services.
a) "MICARE Stolen Test": here you can register your vehicle if it has been stolen. Please enter your vehicle data for this purpose. This service is free of charge.
b) "MICARE Classic": here you can register your vehicle preventively, so that in case of theft a description and the data of your vehicle are already available.
c) "MICARE PS": here you can have the data of your vehicle stored by us on an NFS chipset and attach the chip to your vehicle. Additional purchase contract regulations apply (see below).
d) Search queries: here you can start a search query for a stolen vehicle.
MICARE PS is entitled at any time to change services provided free of charge on the Portal, to make new services available free of charge or free of charge and to discontinue the provision of services free of charge. MICARE PS will take your legitimate interests into account.
3. protection of contents, responsibility for contents of third parties
(2) The content available on the Portal comes partly from MICARE PS and partly from the users of the Platform or other third parties (hereinafter referred to as "Third Party Content"). MICARE PS does not verify the completeness, accuracy or legality of any Third Party Content and therefore assumes no responsibility or warranty for the completeness, accuracy, legality or legality of any Third Party Content. This also applies with regard to the quality of the Third Party Content and its suitability for a specific purpose.
4. conclusion of contract / use of chargeable services
If the use of a service (including the retrieval of content) is subject to a fee, you will receive online notification of the costs incurred, the terms of payment and other relevant details before each access to the respective service is opened. Only then will you be able to use the respective service by clicking on the corresponding button.
If you do not wish to make use of the chargeable service, you can return to the free services by clicking on the corresponding button or the "return" button on your browser.
(2) Please also note: You arrange for the chargeable service to be made available immediately by clicking on the corresponding button. Since the use of the service cannot be reversed after this and a return of any retrieved content cannot be guaranteed by you in such a way that it is no longer possible for you to use it after it has been returned, you do not have a right of revocation with regard to the use of chargeable services.
(3) All fees stated are inclusive of the applicable statutory value-added tax.
5. due date / terms of payment
(1) Invoices are due immediately upon receipt. You can make payments by bank transfer or by xxx. The total price of the services including all associated price components as well as the payment options and information shall result from the information provided within the scope of the order. All prices are final prices and include the applicable statutory value-added tax.
(2) In the event of default, MICARE PS shall be entitled to charge consumers default interest in the amount of 5% above the base rate.
6. termination and term
If an annual contract has been concluded between you and MICARE PS, it will be extended for a further 12 months if it is not terminated with three months' notice to the end of the contract period. The right of MICARE PS and the Customer to terminate this Agreement at any time for cause remains unaffected. In the event of justified termination without notice, the Customer shall pay only the portion of the remuneration which corresponds to the value of the services provided by MICARE PS during the term of the contract. Remuneration already paid will be refunded.
7. posting of own contents by you
(1) Insofar as functionality is available on the portal, you may upload content to the portal and make it available to third parties in accordance with the following regulations.
(2) By posting content, you grant the service provider a free and transferable right of use to the respective content, in particular
- to store the content on the server of the Service Provider and to publish it, in particular to make it publicly accessible (e.g. by displaying the content on the Portal),
- for processing and duplication, as far as this is necessary for the reproach and/or publication of the respective contents.
If you remove the content you have uploaded from the portal, the right of use and exploitation granted to us above expires. MICARE PS shall, however, retain the right to retain copies made for backup and/or verification purposes.
(3) You are fully responsible for the content you post. MICARE PS does not verify the completeness, accuracy, legality, timeliness, quality or fitness for a particular purpose of the Content.
Therefore, you represent and warrant to MICARE PS that you are the sole owner of all rights to the Content you post on the Portal, or otherwise (e.g., by effective permission of the copyright owner) have the right to post the Content on the Portal and grant the rights of use and exploitation set forth in paragraph (2) above.
8. forbidden activities
You are prohibited from engaging in any activity on or in connection with the Portal that violates any applicable law, infringes the rights of any third party, or violates the principles of the protection of minors. In particular, the following actions are prohibited:
- the posting, distribution, offering and advertising of pornographic content, services and/or products that violate any laws for the protection of minors, data protection laws and/or other laws and/or fraudulent content, services and/or products;
- the use of content that offends or defames other participants or third parties;
- The use, provision and distribution of content, services and/or products that are protected by law or encumbered with the rights of third parties (e.g. copyrights) without being expressly authorized to do so.
9. delivery, dispatch
If the ordered service includes the delivery of goods, the following applies: the costs of shipment are stated in the respective offer under the item "Shipping". The dispatch takes place within 2-3 working days after receipt of payment. The dispatch takes place with DHL if nothing else is agreed upon. The shipping risk is borne by MICARE PS if the buyer is a consumer.
10. right of withdrawal for consumer contracts
A contract for the delivery of goods concluded between MICARE PS and the Buyer via www.missingcarregister.de is a distance contract within the meaning of § 312 c paragraph 1 BGB (German Civil Code). The purchaser, who is a consumer within the meaning of § 13 BGB (German Civil Code), is entitled to a right of revocation according to §§ 312g, 355 BGB (consumer revocation for distance selling transactions). Consumer according to § 13 BGB is any natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to his commercial nor his self-employed professional activity. More detailed information on his right of revocation as a consumer can be found in the following revocation instructions. A revocation instruction in text form is sent to the buyer by e-mail. The buyer can use the revocation form to exercise the right of revocation.
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods.
In order to exercise your right of revocation, you must
Missing Car Register GmbH
Erbacher Valley 18
Phone: +49 (0) 6252 / 6030025
by means of a unique declaration (e.g. a letter sent by post)
7. date: _____________________
11. data protection
(1) MICARE PS's quality standards include the responsible handling of users' personal data. This data is hereinafter referred to as "personal data".
(2) MICARE PS will only collect, store and process the personal data resulting from your registration on the Portal and from the use of the available services if you have consented thereto, if this is necessary for the contractual provision of services, if this is permitted by statutory provisions or if this is required by law.
(3) You may revoke your consent at any time. If you revoke your consent, this will take effect from the time of your revocation. Your revocation does not affect the legality of the processing of your personal data until revocation.
12. limitation of liability for free services
If you suffer any damage as a result of the use of services provided free of charge on the Portal (including the retrieval of free content), MICARE PS shall be liable only to the extent that your damage is caused by the contractual use of the free content and/or services and only in the event of intent (including fraudulent intent) and gross negligence on the part of MICARE PS.
13. limitation of liability for chargeable services
MICARE PS shall be liable in accordance with the following provisions for the use by you of chargeable services (including the retrieval of chargeable content):
(1) MICARE PS shall have unlimited liability for damages caused intentionally or through gross negligence by MICARE PS or its legal representatives, executives or vicarious agents.
(2) MICARE PS shall not be liable in cases of slightly negligent breach of only insignificant contractual obligations. Furthermore, the liability of MICARE PS for damages caused by slight negligence shall be limited to those damages which are typically expected to occur within the scope of the respective contractual relationship (contractually typical foreseeable damages). This also applies to slightly negligent breaches of duty by the legal representatives, executives or simple vicarious agents of the service provider.
(3) The above limitation of liability does not apply in the case of fraudulent intent, in the case of bodily injury or personal injury, for the violation of guarantees and for claims arising from product liability.
(1) MICARE PS is not responsible for the content posted by users of the Portal and therefore assumes no liability for the accuracy of the information contained therein.
(2) MICARE PS does not assume any liability for any incompleteness, inaccuracy or error in the data provided by third parties, as these features are not included in the scope of services provided by MICARE PS. Furthermore, MICARE PS does not warrant that the success intended by the user with the data will actually occur.
(3) In all other respects, warranty claims against MICARE PS shall be governed by the statutory provisions.
15. final provisions
(1) Contracts between MICARE PS and the User shall be governed by the laws of the Federal Republic of Germany. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the User has his habitual residence as a consumer, shall remain unaffected.
(2) Platform of the EU Commission for online dispute resolution: www.ec.europa.eu/consumers/odr
(3) Should individual provisions of the contract including these provisions be invalid in whole or in part, or should the contract contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The ineffective or missing provisions shall be replaced by the respective statutory provisions. If this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.