General terms and conditions (GTC) of CarMercado.com / Franz Brockers (valid from 01.09.2018)
Entering the premises and all buildings of CarMercado.com / Road Traffic Regulations
The entire premises of CarMercado.com are subject to the Spanish road traffic regulations.
Scope / Preliminary remarks
New and used vehicles are offered and sold for their own account by the owner in the mentioned condition and the selling price. Both, sellers and buyers always act on their own responsibility and liability. The use of the CarMercado.com premises and its services does not give rise to any legal claims or warranties for the seller or the buyer. A legal claim against CarMercado.com due to misrepresentation by the private seller/owner, e.g. of hidden defects, damage to the vehicle or similar, is excluded. Here, each buyer has to take responsibility for the accuracy of all documents and information and/or to seek professional advice from knowledgeable and competent persons or companies of his or her trust.
Entrance fee, sales documents, refund, free admission
The seller receives with his vehicle access to the sales area after he has paid the entrance fee in accordance with the current price list. In the case of ambiguity / individual cases, the staff at the cash desk decides on the height of the entrance fee. The entrance fee is paid in cash or by bank card.
By paying the entrance fee and signing it on the sales sign given to him, the customer confirms that he has received, read, understood and accepted the terms and conditions of CarMercado.com. With this signature, he also confirms that he is the legal owner of the vehicle or that he fulfills the conditions described in the GTC in order to sell the vehicle as the legal representative of the owner.
If, after entering the premises, it turns out that the customer can not sell his vehicle because for example, if papers/documents are missing, papers/documents are invalid, he is not the owner, the vehicle is encumbered, the vehicle is registered as non-salable, etc., he has to immediately leave the CarMercado.com premises without refund of the ticket price under compliance of the instructions of the staff of CarMercado.com.
Free admission receives a customer in the event that he has not sold his vehicle on the first day. Here, the customer is given the opportunity to exhibit his vehicle again free of charge within four weeks by presenting the original entry documents with the „free entry stamp“. He receives this on request before leaving the premises at the pay office.
Online bookings / reservations
Before making an online booking, the customer confirms that they have read the terms and conditions and accepts them with the booking. If this information provided by the seller about ownership and information about the vehicle is inaccurate, CarMercado.com may refuse entry of the vehicle on the date of sale; In this case, the customer can not demand reimbursement of the entry or assert claims for damages.
Bookings, reservations from a sales point
Payment term / entitlement to reserved sales pitch
The total invoice price incl. VAT must be received 24 hours before the desired day on the bank account listed in the invoice.
A reserved place on the CarMercado.com sales premises is only valid if the items described are met and the customer has received a written confirmation from CarMercado.com.
Payments must be made specifying the reservation number exclusively to the recipient indicated on the invoice. Wire transfers are only accepted by bank transfer to the CarMercado.com account and cash payments are only accepted at the cash office to authorized staff.
Any credits (eg for rebooked or canceled reservations will only be credited to an account specified by the customer.
Cancellations by the customer
The reservation price will only be fully refunded if the customer can not make the reservation for reasons for which CarMercado.com is responsible. Further claims for damages are excluded.
Behavior on the CarMercado.com premises
The private seller has to park his vehicle on the sales pitch assigned to him by the visually identifiable CarMercado.com personnel, switch off the engine and leave the vehicle there during the opening hours on the day of sale. For test drives with interested parties, he can leave the premises and then receives free access again with presentation of his valid sales sign. The place assigned to him the seller
has to leave clean by 5 pm at the latest. If, for technical or other reasons, he can not get his vehicle off the ground, the vehicle will be forcibly removed at his expense and parked in a public parking area outside the CarMercado.com grounds.
The test drives are carried out on behalf of the seller and buyer at their individual responsibility and own risk. If a vehicle owner leaves his vehicle to another person, he should make sure beforehand that this person possesses the valid documents required for driving a vehicle (identity card, driving license, etc.).
Noise levels / noise pollution / emissions
A too fast and rapid start, squealing tires, engine howls, horns, loud music, etc. are not allowed. For gross violations threatens the dismissal.
Wear a helmet
For moto cyclists and drivers of trikes or quads helmet is required when driving on the CarMercado.com grounds.
Personal injury / damage / vehicle damage
On the CarMercado.com area, the Spanish road traffic regulations apply. Any personal injury, property damage or vehicle damage resulting from an accident occurring on the CarMercado.com premises is the responsibility of each person on the CarMercado.com premises and has to always independently clarify this with the accident opponent as well as with insurance.
Claims for accidental damages cannot be made to CarMercado.com.
The customer accepts these terms and conditions before entering the CarMercado.com premises with his vehicle.
The use of recreational activities, rides, amongst other things also for children, the use of service providers and the gastronomy is always voluntary for the customer and under its own responsibility and any problems with the explicit provider itself to clarify. Legal claims due to personal injury and property damage to CarMercado.com do not arise here.
Every visitor, exhibitor and service provider as well as a seller with his vehicle has to leave the CarMercado.com premises as he found it. He also is not allowed to leave objects without written consent on the premises. If a person violates this requirement, the cleaning and disposal of the objects will be charged to this person.
The damage caused by a visitor, seller, exhibitor, service provider on the CarMercado.com premises, e.g. damage to the parking space, damage to buildings located on the premises, structures, pillars, fences, objects, etc., or consequential damage resulting therefrom, this has to replace itself. The same applies to damage to the ground of the CarMercado.com premises by e.g. liquids such as leaking oil or others.
Hazardous substances / illegal substances / weapons
Bringing, holding, distributing, selling etc. of illegal and prohibited hazardous substances, in particular highly flammable, flammable or explosive substances, liquids, explosive devices, weapons, drugs, etc. is prohibited. In the event of an infringement, an immediate eviction takes place connected with a house ban for the future.
Behavior towards the security service and CarMercado.com employees
The instructions of CarMercado.com personnel and security personnel must always be followed. In the case of refusal threatens a house ban. A reimbursement or refund of the entrance fee is excluded. The seller also bears the costs for the removal of his vehicle.
Service provider on the CarMercado.com premises
The use, the assignment and the resulting contract between the service provider (Gestoria, translators, valuers, etc.) and the client takes place exclusively between the service provider and the client. Each seller and buyer is at any time free to use these service providers or to commission another of his choice. Here arise in disputes between client and service provider no legal claims against CarMercado.com.
Liability of the seller
Insofar as the seller violates the aforementioned terms and conditions and thus causes damage, he is liable for this as well as for consequential damages both to CarMercado.com and to third parties. Should individual provisions and rules of the terms and conditions listed here be ineffective, the effectiveness of the others remains unaffected.
Relocation of the sales day or change of the opening hours
CarMercado.com reserves the right to change the opening hours at short notice and in this case informs the customers and visitors on the website www.CarMercado.com in the section „Opening Hours“.
Applicable law / jurisdiction
The place of jurisdiction is Orihuela.