General Terms and Conditions and Customer Information of MeisterCheck GmbH
Note: This English translation is provided for convenience only. The German version is the sole legally binding version.
§1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded between the provider MeisterCheck GmbH (hereinafter "Meistercheck") and customers of the platform (hereinafter "Clients").
Unless otherwise agreed, the inclusion of any of the Client's own terms and conditions is objected to.
(2) The service contract is concluded with:
MeisterCheck GmbH
Am Protzenweiher 5, 93059 Regensburg, Germany
Commercial register: Commercial Register Regensburg, HRB 21176
VAT ID: DE449634202
Represented by the managing directors: Mr Andreas Mandl & Mr Thiemo Buchner
(3) Clients of Meistercheck within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.
(4) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.
(5) The core service area mentioned several times in these Terms and Conditions refers to the postal code areas in which the services "Used Car Inspection" (German: "Gebrauchtwagencheck"), "Electric Used Car Inspection" (German: "Gebrauchtwagencheck Elektro") and "Pre-Sale Inspection" (German: "Gebrauchtwagencheck Verkauf") can be booked directly via the website https://www.meistercheck.de without an individual quotation request. A current overview of these areas is available at: https://www.meistercheck.de/kerngebiet. For bookings outside this area, quotations are prepared individually upon request.
(6) An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(7) Inspectors within the meaning of the following provisions are only persons who hold a master craftsman's certificate (Meisterbrief) in the motor vehicle trade or who possess a comparable qualification pursuant to §8 of the German Crafts Code (Handwerksordnung). In particular, the qualification as a certified motor vehicle expert with proven practical experience in the motor vehicle sector is recognized as equivalent or higher.
(8) Insofar as any of the following provisions apply only to consumers or entrepreneurs, this is highlighted at the beginning of the respective provision.
(9) The language governing the conclusion and performance of the contract is German. If the booking is made via a foreign-language version of the website, the contract is concluded in the language offered there. Translations of these Terms and Conditions are provided for information purposes only. In case of discrepancies between the German and a translated version, the German version shall prevail.
(10) The delivery area refers to the countries to which Meistercheck transmits the inspection reports and other work results prepared within the scope of the commissioned services. The delivery area comprises the countries available for selection for this purpose during the booking process.
(11) Working days (Arbeitstage) within the meaning of these Terms and Conditions are the days on which Meistercheck's office is open. These are set out in the legal notice (Impressum) at https://www.meistercheck.de/en/impressum.
§2 Conclusion of the Contract and Due Date
(1) By listing the respective service on the website, Meistercheck does not make a binding offer to conclude a contract; rather, this constitutes an invitation to submit an offer.
(2) The contract is concluded via the online booking system as follows:
The services intended for booking are selected by the Client on the website and by entering the additional information required to perform the service. Depending on the technical design, this may take place via a shopping cart system or a direct checkout system.
Before submitting the booking, the Client receives an order summary containing all relevant details, whereby they can review or change all details or cancel the booking process entirely.
After selecting the payment method, the Client is either directed to an order summary page in the online shop or forwarded to the website of the respective payment service provider. If forwarded to an instant payment system, the Client makes the required entries there. The booking summary is displayed either on the payment service provider's page or, after being redirected back, on the Meistercheck website.
By submitting the booking via the corresponding button ("Place binding order" / "zahlungspflichtig bestellen"), the Client makes a legally binding offer to conclude a service contract.
Meistercheck then reviews the Client's details in order to determine whether the requested service can be performed.
By subsequently sending a booking confirmation, Meistercheck legally accepts the Client's offer, so that the contract is concluded upon receipt of the booking confirmation.
If the booking is not confirmed, any payment already made will be refunded without delay.
(3) The payment claim becomes due upon conclusion of the contract.
(4) The amount of the payment claims can be found in the final order summary and the booking confirmation. All services are generally listed with a standard price and a legally binding offer is to be submitted by the Client directly via the booking process on the website. In exceptional cases, for example a requested service outside Meistercheck's core service area, Meistercheck may reject the Client's offer and submit an individual quotation.
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place exclusively by email, in part automatically. As the Client, you must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§3 Special Agreements and Information on the Offered Payment Methods
(1) The Client generally has the option of choosing between the payment methods offered during the ordering process. Which payment methods Meistercheck actually makes available results from the options presented during the ordering process. Meistercheck excludes any claim to a specific payment method.
(2) Payment processing is carried out via the payment service provider Stripe (Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). Depending on availability, various payment methods may be offered via Stripe, in particular payment by credit card (Visa, Mastercard), Apple Pay or Google Pay. The payment methods available in each case are displayed during the ordering process. Further information about Stripe can be found at https://stripe.com/de/legal/consumer.
(3) For immediately due payment methods (e.g. credit card, Apple Pay, Google Pay), the payment transaction is carried out automatically immediately after the booking is submitted, once the Client has been verified as the legitimate holder of the payment method. In this case, the time of payment corresponds to the time the offer is submitted.
(4) Payment by bank transfer: For entrepreneurs (business customers) and in the case of individually agreed quotations outside the online booking system, Meistercheck also offers payment by bank transfer against invoice. The payment period results from the respective invoice. There is no entitlement to this payment method; it requires an agreement in the individual case.
(5) Insofar as special conditions of the respective payment service provider apply to individual payment methods, the Client will be informed of this separately during the ordering process.
§4 Storage of Contract Data
(1) The order data (client data, items, quantity, price, purchase date, delivery data, payment details, date and time of the customer's declarations, etc.) are stored electronically by Meistercheck for the duration of the booking processing and are automatically sent to the Client by email together with these General Terms and Conditions including customer information and the withdrawal notice (including the model withdrawal form, see §12 para. 3) as well as the privacy policy after receipt of the order.
(2) Apart from the order data sent by email and these terms and conditions, no special contract text is stored by Meistercheck. The respective service description contains the essential characteristics of the service offered by Meistercheck. In addition, the Client can print out the details of their order using the print function of their email client or web browser or by clicking "Print" in the web shop.
§5 Service Description
(1) Meistercheck operates this website exclusively for the performance of vehicle-related services, unless otherwise stated in the individual product description or below. Meistercheck works with selected and recognized inspectors within the meaning of §1 para. 7. Meistercheck is thus able to offer services relating to the professional inspection of vehicles at the desired location. Meistercheck makes a selection from several service offers and presents them on the website. The services offered are described in detail and generally listed with a standard price.
(2) The offer currently comprises the following services: "Used Car Inspection" (German: "Gebrauchtwagencheck"), "Electric Used Car Inspection" (German: "Gebrauchtwagencheck Elektro"), "Pre-Sale Inspection" (German: "Gebrauchtwagencheck Verkauf") and "Used Car Search" (German: "Gebrauchtwagensuche"). The German names shown in brackets are the product designations used on the German version of the website and in the legally binding German version of these Terms and Conditions. In addition, supplementary services pursuant to para. 6 can be booked during the booking process.
(3) As part of the "Used Car Inspection", a desired car specified by the Client is inspected and a recommendation regarding the car purchase is given.
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a) The used car assessment is generally sent to the Client by email in German, unless an English version is explicitly requested or the order is placed via the English version of the website.
b) By placing the inspection order, the Client acknowledges that the inspections carried out as part of the vehicle assessment do not replace a general inspection (Hauptuntersuchung/TÜV inspection), an operational safety and/or spare parts inspection or an emissions test. Any repairs or replacement of wear parts that become necessary after the purchase decision, whether named in the inspection report or not, do not justify any claim by the Client for damages or reimbursement of the fee for preparing the report. Upon request, special services desired by the Client can also be offered or arranged, but these require a supplementary written agreement between the Client and Meistercheck. The technical parameters to be inspected result exclusively from the model report of the respective vehicle category and the selected inspection service. Additional inspection parameters must be agreed with Meistercheck and, if applicable, arranged at additional cost. The on-site inspector will neither remove nor dismantle parts nor lift the vehicle for the inspection. The condition assessment is based on visual and functional inspections. If, due to obstructive local, temporal or factual circumstances (e.g. impossibility of inspecting the turn signal light due to excessively bright daylight) for which the inspector is not responsible, the inspection of a component is impossible, no price reduction will be granted.
c) Likewise, a test drive with the inspection object can only be carried out if the technical, insurance-related and legal requirements are fully met. Otherwise, it cannot be carried out by the inspector. The same applies if the seller refuses a test drive. At the inspector's discretion, a test drive of reduced scope may be carried out on private property despite missing insurance-related requirements, if this is possible and expedient due to the external circumstances (in particular the size of the property).
d) Even if the aforementioned circumstances leading to the impossibility of the inspection due to external circumstances and test drive apply, there is no claim whatsoever to a price reduction. Apart from the stated restrictions, the inspection report will be completed in full and provided to the Client.
(4) As part of the "Electric Used Car Inspection", an electric or hybrid vehicle specified by the Client (battery electric vehicle, plug-in hybrid or full hybrid) is inspected. The scope of services corresponds to the "Used Car Inspection" pursuant to para. 3; in addition, a diagnosis of the high-voltage battery ("TÜV NORD battery check", German: "TÜV NORD BatterieCheck") is carried out, which in particular indicates the state of health of the traction battery.
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a) The battery diagnosis is carried out using certified diagnostic technology from the cooperation partner TÜV NORD Mobilität. The feasibility of the battery diagnosis requires that the specific vehicle model is supported by the diagnostic technology used.
b) If the specified vehicle does not have a high-voltage battery, a battery diagnosis is not possible – irrespective of the reason for which such a vehicle was booked for the "Electric Used Car Inspection". In this case, the inspection is carried out as a "Used Car Inspection" pursuant to para. 3 and Meistercheck refunds the Client the price difference between "Electric Used Car Inspection" and "Used Car Inspection".
c) In all other respects, the provisions of para. 3 a) to d) apply accordingly.
(5) As part of the "Pre-Sale Inspection", a vehicle offered for sale by the Client is inspected and assessed by a certified automotive master technician. The aim is to prepare an independent condition assessment and a market-oriented price estimate that serves the Client as a basis for marketing their vehicle.
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a) The procedure and scope of the vehicle inspection are generally governed by the provisions of § 5 para. 3 ("Used Car Inspection"). In particular:
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– The inspection does not replace a general inspection (Hauptuntersuchung/TÜV inspection), an operational safety and/or spare parts inspection or an emissions test.
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– The on-site inspector will neither lift the vehicle nor remove or dismantle parts.
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– The assessment is based on visual and functional inspections.
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– Restrictions due to external circumstances (e.g. lighting conditions, refused test drive) do not entitle the Client to a price reduction.
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b) The inspection report is generally sent to the Client by email in German, unless an English version is expressly agreed or the order is placed via the English version of the website.
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c) The price estimate given as part of the "Pre-Sale Inspection" constitutes a recommendation but does not replace a binding market or residual value guarantee. Market changes, individual negotiating positions or subsequent vehicle damage may cause the actual value development or the achievable sales proceeds to deviate. In particular, Meistercheck does not guarantee that the price estimate given will actually be achieved in the sale of the vehicle.
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d) Additional services or further special inspections are also only possible within the framework of the "Pre-Sale Inspection" on the basis of a separate agreement.
(6) In addition to the services "Used Car Inspection", "Electric Used Car Inspection" and "Pre-Sale Inspection", supplementary services offered by Meistercheck in cooperation with TÜV NORD Mobilität can be selected during the booking process (currently: "TÜV NORD mileage & VIN check" (German: "TÜV NORD Kilometer- & FIN-Prüfung"), "TÜV NORD data cleansing" (German: "TÜV NORD Datenbereinigung") and "TÜV NORD battery check" (German: "TÜV NORD BatterieCheck")).
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a) The scope and prices of the supplementary services result from the respective description during the booking process. For the "Electric Used Car Inspection", the "TÜV NORD battery check" is already included in the scope of services.
b) If a booked supplementary service cannot be performed for reasons for which the Client is not responsible (e.g. lack of technical support of the specific vehicle model by the diagnostic technology), Meistercheck refunds the price paid for the supplementary service. The claim to the other booked services remains unaffected.
(7) As part of the "Used Car Search", Meistercheck supports the Client in selecting a suitable used vehicle. The service comprises two consultation sessions (needs assessment and results discussion), the evaluation of the Client's information and a written summary with a recommendation of up to three specific vehicles or vehicle models.
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a) An on-site inspection of vehicles is not part of the "Used Car Search"; it can be booked separately as a "Used Car Inspection" or "Electric Used Car Inspection".
b) The recommendations do not constitute an assurance that the proposed vehicles will remain available or exhibit a particular condition. If external circumstances (e.g. limited market supply) prevent this, the number of recommended vehicles may be lower.
(8) The services are performed in accordance with the generally recognized rules of technology and in compliance with the regulations applicable at the time of the order confirmation – unless other permissible agreements have been expressly made in writing.
§6 Service Procedure
(1) The specific procedure of the services mentioned in §5 paragraph 2 is described below.
(2) The "Used Car Inspection" service comprises the following individual services:
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a) Before commissioning Meistercheck, the Client must ensure that the potential seller agrees to an inspection of the motor vehicle and must obtain any contact details and provide them to Meistercheck
b) Review and examination of the received order, if applicable, in addition to an individual quotation for motor vehicles located outside the core service area, by Meistercheck
c) Arrangement of an inspection appointment with the seller by Meistercheck
d) Commissioning of an inspector to inspect the specified motor vehicle
e) Journey of the inspector to the requested object
f) Full inspection of the object by the inspector including a test drive, provided this is possible due to the circumstances
g) Preparation of a comprehensive vehicle report consisting of:
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- o Vehicle overview (overall overview and basic data of the vehicle to be assessed)
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- o Inspection (result of the examination by the inspector)
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- o Market value determination and overall assessment (description of the overall condition and, based on this, determination of the vehicle's value by Meistercheck)
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- o Photo documentation (pictures of the vehicle and any existing damage)
h) Sending of the report to the Client with assessment and recommendation within the period specified in §8
(3) The "Electric Used Car Inspection" service comprises the individual services pursuant to para. 2. In addition, the inspector carries out the battery diagnosis ("TÜV NORD battery check") pursuant to §5 para. 4 as part of the on-site inspection. The result of the battery diagnosis becomes part of the vehicle report as a battery inspection report or is attached to it.
(4) The "Pre-Sale Inspection" service comprises the following individual services:
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a) Review and examination of the received order
b) Arrangement of an inspection appointment with the Client
c) Commissioning of an inspector to inspect the specified motor vehicle
d) Journey of the inspector to the location of the vehicle
e) Full inspection of the vehicle by the inspector including a test drive, if possible
f) Preparation of an inspection report including a condition assessment and a market-oriented price estimate
g) Sending of the report to the Client within the period specified in §8
(5) The "Used Car Search" service comprises the following individual services:
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a) Review and examination of the received order
b) First consultation session to determine the Client's needs and search criteria
c) Evaluation of the Client's information and execution of the vehicle search based on the agreed criteria (e.g. budget, vehicle type, region)
d) Second consultation session to present and discuss the results
e) Preparation of a written summary with a recommendation of up to three vehicles or vehicle models, provided no external circumstances (e.g. limited market supply) prevent this
f) Sending of the summary to the Client within the period specified in §8
§7 Prices, Cancellation Options/Cancellation Costs
(1) All prices can be found directly in the brief views of the respective offers in the web shop and include German VAT and other price components. Insofar as no German VAT is levied due to the statutory VAT provisions, in particular where the reverse charge procedure applies, the cancellation fees stated as gross amounts in this §7 are reduced by the German VAT included therein. For the services "Used Car Inspection", "Electric Used Car Inspection" and "Pre-Sale Inspection", the flat-rate price stated there applies, provided the service can be booked directly via the website at the location of the vehicle to be inspected. The prices of any supplementary services (§5 para. 6) are shown separately during the booking process. If direct booking is not possible at the specified location, the Client can request an individual quotation.
(2) The Client has the option of cancelling the contractual relationship. The right to cancel begins immediately upon conclusion of the contract, but is subsidiary to the statutory right of withdrawal, so that a cancellation only takes effect after the statutory withdrawal period has expired. Before the expiry of the statutory right of withdrawal, departure from the contract is governed by the provisions on withdrawal (see §12). If the Client exercises the right to cancel, they are obliged to pay a graduated cancellation fee. The same applies in the event that the vehicle to be examined can no longer be made available to the respective inspector for inspection, or the motor vehicle cannot be opened, for reasons for which the Client is responsible.
(3) The cancellation right pursuant to paragraph 2 does not exist for purely digital services.
(4) For the services, the amount of the cancellation fee is determined as follows:
Notwithstanding the following provisions, no cancellation fees apply for consumers within the meaning of § 13 of the German Civil Code (BGB) with respect to the inspection services pursuant to letters a) to c), provided that the cancellation is made no later than two hours before the agreed inspection appointment. In the event of a later cancellation, the following provisions apply.
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a) For "Used Car Inspection":
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The order can be cancelled free of charge at any time up to the start of the initial review.
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After the start of the initial review, a cancellation fee of €50 gross applies.
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After the inspector responsible for the specific order has been commissioned and the "Used Car Inspection" has been scheduled, a cancellation fee of €100 gross applies.
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After the inspector has started the journey to the Client's vehicle to be assessed, a cancellation fee of €150 gross applies.
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If the on-site inspection cannot be carried out for reasons for which the Client is responsible (e.g. incorrect information about the vehicle location, lack of consent from the seller contrary to the assurance pursuant to §6 para. 2 a)), the order will be cancelled and a cancellation fee of €200 gross applies.
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After the inspector has already started or completed their work on the vehicle, the Client is obliged to pay the full contractually agreed remuneration.
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b) For "Electric Used Car Inspection", the cancellation provisions of §7 para. 4 a) apply accordingly.
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c) For "Pre-Sale Inspection":
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The order can be cancelled free of charge at any time up to the start of the initial review.
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After the start of the initial review, a cancellation fee of €50 gross applies.
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After the inspector responsible for the specific order has been commissioned and the "Pre-Sale Inspection" has been scheduled, a cancellation fee of €100 gross applies.
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After the inspector has started the journey to the Client's vehicle to be assessed, a cancellation fee of €150 gross applies.
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If the on-site inspection cannot be carried out for reasons for which the Client is responsible (e.g. incorrect information about the vehicle location, vehicle is not made accessible), the order will be cancelled and a cancellation fee of €200 gross applies.
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After the inspector has already started or completed their work on the vehicle, the Client is obliged to pay the full contractually agreed remuneration.
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d) For "Used Car Search":
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The order can be cancelled free of charge at any time up to the start of the initial review.
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After the start of the initial review, a cancellation fee of €50 gross applies.
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After the consultation has already begun (completion of the first consultation session) or the service has been (partially) performed, the Client is obliged to pay the full contractually agreed remuneration.
(5) If an inspection cannot be carried out for reasons for which Meistercheck is not responsible (e.g. because the inspection object was already sold before the appointment or is not made accessible by the seller), the cancellation provisions of paragraph 4 apply accordingly. In these cases, the remuneration is treated as if the Client had cancelled the contract. If, however, the inspection cannot be carried out for reasons for which Meistercheck is responsible, no cancellation fees apply and payments already made for the inspection not carried out will be refunded to the Client in full.
§8 Processing Times
(1) The inspection report is generally sent within 1 working day (§1 para. 11) after the inspection has been carried out. For the "Used Car Search", the written summary is generally sent within 5 working days after the second consultation session.
(2) All other processing times stated during the booking process or on the website (in particular, times stated in hours) are non-binding promotional target values and do not constitute guaranteed processing and performance deadlines. The deadlines set out in these Terms and Conditions are decisive.
§9 Client's Duty to Cooperate
The Client warrants that all necessary acts of cooperation on their part, on the part of their vicarious agents or third parties (e.g. obtaining the owner's consent regarding the vehicle inspection by Meistercheck) are performed in a timely manner and for Meistercheck. Inspection objects, documents, etc. required for the performance of the services must be made available free of charge. Furthermore, the Client's acts of cooperation must comply with the applicable legal provisions, standards, safety regulations and accident prevention regulations. The Client bears any additional expenses arising from the fact that work has to be repeated or is delayed as a result of late, incorrect or incomplete information or improper acts of cooperation. Even if a fixed or maximum price has been agreed, Meistercheck is entitled to charge for this additional expense separately.
§10 Confidentiality
Meistercheck, its partners and its employees are obliged to maintain confidentiality regarding all facts that come to their knowledge through order negotiations and orders, unless legal requirements prevent this. Copies (reproductions) of written documents that have been provided to Meistercheck for inspection and that are relevant to the order negotiations or the execution of the order may be made for Meistercheck's files.
§11 Copyrights
All copyrights and co-authorship rights in the reports, inspection results, calculations, images, representations, etc. prepared by Meistercheck remain with Meistercheck.
The Client may use the reports, inspection results, calculations, images, representations, etc. prepared within the scope of the order for the purpose for which they are intended as agreed, and may pass them on to third parties for that purpose.
Any use or exploitation beyond this requires the consent of Meistercheck.
§12 Notice of the Right of Withdrawal and Consequences of Withdrawal
(1) Right of withdrawal:
Consumers are entitled to a right of withdrawal with regard to the concluded contract in accordance with the following provisions:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day the contract is concluded.
If, during the ordering process, the Client has requested that the service begin before the expiry of the withdrawal period and has confirmed their knowledge that their right of withdrawal expires upon complete performance of the contract, the right of withdrawal expires before the expiry of the 14 days if the service has been performed in full.
To exercise your right of withdrawal, you must inform us (MeisterCheck GmbH, Am Protzenweiher 5, 93059 Regensburg, Germany, email: info@meistercheck.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but this is not mandatory.
In addition, you can declare your withdrawal via our online withdrawal function at www.meistercheck.de/widerruf. After receipt of your declaration of withdrawal, we will immediately send you a confirmation of receipt (e.g. by email). The use of this function is voluntary and does not replace the other aforementioned options for declaring withdrawal.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) Consequences of withdrawal:
If you withdraw from this contract, we must refund all payments we have received from you without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.
If, as the Client, you have requested that the services begin during the withdrawal period, you must, in accordance with the statutory provisions, pay us a reasonable amount in the event of your withdrawal, corresponding to the proportion of the services already performed up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.
In this context, the cost provisions of § 7 para. 2 and para. 4 apply accordingly.
For purely digital services, the right of withdrawal expires completely if
- – the entrepreneur has begun performing the contract,
- – the consumer has expressly consented to the entrepreneur beginning performance of the contract before the expiry of the withdrawal period,
- – the consumer has confirmed their knowledge that, through their consent pursuant to point b, their right of withdrawal expires upon commencement of the performance of the contract, and
- – the entrepreneur has provided the consumer with a confirmation pursuant to § 312f of the German Civil Code (BGB).
(3) Model withdrawal form:
- (If you wish to withdraw from the contract, please fill out this form and return it.)
- – To MeisterCheck GmbH, Am Protzenweiher 5, 93059 Regensburg, Germany, email: info@meistercheck.de
- – I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- – Ordered on (*)/received on (*)
- – Name of the consumer(s)
- – Address of the consumer(s)
- – Date, signature of the consumer(s) (only for notification on paper)
- (*) Delete as applicable
§13 Liability of Meistercheck
(1) The performance of the activities does not simultaneously constitute a warranty for the proper condition (flawless quality) and functionality of either the inspected parts or the vehicle; in particular, no responsibility is assumed for the design, choice of materials and construction of the examined vehicles, insofar as these matters are not expressly the subject of the order. Furthermore, Meistercheck does not guarantee that the offered vehicle contains all components, assemblies, functions, etc. that are contained in the vehicle offer transmitted by the seller or in the inspection report. In the case of inspection orders, Meistercheck is not responsible for the correctness or verification of the regulations, standards, technical rules and programs on which its inspections are based, unless expressly agreed otherwise in writing.
(2) Meistercheck is not liable for the actual achievement of the outcome intended by the Client upon conclusion of the contract. Meistercheck's liability for contractual breaches of duty and in tort is limited to intent and gross negligence. This does not apply in the event of injury to life, body or health or the breach of cardinal obligations. Meistercheck is not liable for false statements/information provided by the seller in connection with any of the services offered.
§14 Liability of the Client
Subject to the special provisions on the Client's liability under these Terms and Conditions and individual contractual agreements, the Client is liable in accordance with the statutory provisions.
§15 Dispute Resolution Procedure
Meistercheck is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§16 Amendments to the Terms and Conditions
(1) Meistercheck reserves the right to amend these Terms and Conditions and the price and cost schedule at any time with effect for the future, insofar as the amendments are reasonable for the Client.
(2) Amendments to the Terms and Conditions will be announced to the Client in writing, by email or in another suitable manner one month in advance. The amendments are deemed to be approved and binding for an existing contractual relationship upon their entry into force if the Client does not object either in writing or by email. The Client will be specifically informed of this consequence when Meistercheck announces amendments. The Client's objection must be sent to Meistercheck within two weeks of the announcement of the amendments.
§17 Final Provisions
(1) The relationships between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany. This provision also applies when our services are commissioned from other EU countries. If the Client is a consumer (cf. § 1.3 of these General Terms and Conditions), this choice of law only applies insofar as the protection granted by mandatory consumer protection provisions of the state in which the consumer has their habitual residence is not withdrawn.
(2) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(3) If the Client is an entrepreneur, it is agreed that the place of performance is Meistercheck's principal place of business. If the Client, being an entrepreneur, is also a merchant, Meistercheck's principal place of business is additionally agreed as the exclusive place of jurisdiction for all disputes arising from or in connection with the contract. Meistercheck is entitled to sue entrepreneurs at their general place of jurisdiction as well.
§18 Severability Clause
Should any provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The statutory provisions shall take the place of the invalid provision. In the event that no corresponding provisions can be found under applicable law, a substitute provision corresponding to, or at least approximating, the purpose of the agreement shall apply, as the parties would have agreed to achieve the same economic result had they been aware of the invalidity of the provision. The same applies to gaps.