Terms and conditions

General terms and conditions of the online shop

Let us guide you through terms and conditions. It is simple as possible.

1.1./ Driverama Germany GmbH, with its registered seat at Maximilianstraße 13, 80539 Munich, telephone: + 49 0800 225 577 55, e-mail: info@driverama.de (the "Seller") is the operator of an online shop, which is available at the website address www.driverama.de and includes cars that are offered for sale via the online shop (the "Online shop").

1.2./ Contractual relations concluded in this Online shop are governed by these General terms and conditions.

1.3./ The regulations on the sale of goods and services in the Online shop define the rights and obligations of customers and the rights and obligations of the Seller as the entity managing and operating the Online shop.

1.4./ Purchases in the Online shop may be made by natural persons, provided that they are over 18 years of age and have full legal capacity, or are legal persons (the "Customer").

1.5./ The Seller offers used or new cars (the "Car"), accessories, and other goods (collectively as "Goods") and services for sale in the Online shop.

2.1./ The Customer selects the Goods and services the Customer wishes to purchase in the Online shop by adding the relevant items to the basket in the Online shop.

2.2./ For each product offered for sale in the Online shop, the price is in local currency and includes VAT if applicable. In the case of selling a Car in the Online shop, it is not possible to claim any discounts or any marketing promotions; all prices of cars for sale in the Online shop are final.

2.3./ The Customer acknowledges that the mileage of the Car purchased in the Online shop may be up to 500 km higher than the mileage indicated in the Online shop, due to possible logistic processes (for example transportation from the Seller's premises to the location chosen by the Customer). Such difference between the stated and actual mileage is not considered as a defect. The actual mileage of the Car will be recorded in the Goods receipt at the time the Car is delivered to the Customer.

2.4./ The Customer chooses the method of delivery of the Goods by ticking the appropriate box on the order. Delivery methods may be charged at the individual price indicated for each delivery method.

2.5./ In order to place an order, the Customer shall fill in the relevant form containing the necessary data for Customer’s identification, i.e. name, surname or company name, company identification number, address, telephone number and e-mail address. The Customer is obliged to provide truthful information.

2.6./ Before placing an order, the Customer is obliged to read and accept these terms and conditions of purchase in the Online shop and should familiarize themselves with information about the processing of personal data by the Seller.

2.7./ When sending the Customer’s order and registration in the Online shop the Customer is obliged to provide accurate information, particularly the name and surname (or company name and its identification data), e-mail address, telephone number, address or registered seat. If any changes in these data occur the Customer is obliged to make the changes in the user account without undue delay.

3.1./ When making a purchase in the Online shop, the Customer may wish to purchase additional services (such as a loan) provided by a third party. Purchase of such services takes place outside the Online shop and requires a separate contract with a third party, so these terms and conditions do not apply to their purchase; in such a case the Seller may provide the Customer with support when concluding this additional contract with a third party.

3.2./ If Customers wish to purchase loan arrangements through the Seller, Customers do not have to pay any compensation to the Seller for the intermediation of the loan arrangement. The Seller receives compensation for its services solely from the respective financial service providers – specific compensation conditions depend on the loan amount and other criteria and will be provided to the Customer before the loan agreement conclusion.

3.3./ The Seller intermediates loans exclusively for Santander Consumer Bank AG, with its registered seat at Santander-Platz 1 Moenchengladbach, 41061 Germany.

3.4./ If the Customer wishes to purchase insurance arrangements through the Seller and wishes to complain, the Customer can contact the insurance intermediary directly, the consumer advice centers, or the BaFin (https://www.bafin.buergerservice-bund.de/Formular/Versicherung). There is the additional option of complaining about the conduct of insurance intermediaries to the insurance ombudsman. This procedure is free of charge for consumers. How it works is explained on the homepage: www.versicherungsombudsmann.de.

4.1./ The Customer concludes a purchase contract for the sale of Goods by placing an order and pressing the "Agree and Pay" button.

4.2./ Prior to pressing the "Agree and Pay" button the Customer may identify and correct input errors prior to making the order.

4.3./ The conclusion of the contract is made in German or in English, depending on the chosen language version of the Online shop.

4.4./ Ownership of the Goods shall pass to the Customer upon payment of the full purchase price and delivery of the Goods to the Customer, which the Customer shall confirm by signing a handover protocol of the Goods at the place and time of delivery to the Customer.

5.1./ Payment instructions for the purchase price payment will be provided by the Seller after clicking on the "Agree and Pay" button. Payment instructions will also be delivered to the Customer’s e-mail address accordingly.

5.2./ Payment is due immediately and must be settled no later than by the end of the next working day after conclusion of the contract.

5.3./ The Customer shall not be permitted to offset or withhold payment against claims of the Seller unless the claims are undisputed by the Seller or have been established by a court of law. The Customer shall in particular not be entitled to refuse payment on the grounds that the Customer still has other actual or asserted claims against the Seller from other concluded purchase contracts.

5.4./ Payment for the ordered Goods can be made by bank transfer or in cash.

5.5./ The Customer is responsible for all costs associated with money transactions.

5.6./ The Customer consents to receiving invoices and credits solely in electronic form.

6.1./ After payment of the order, the Seller will contact the Customer by telephone or e-mail regarding the delivery date of the ordered Goods – which will be specifically chosen by the Customer within the delivery frames provided by the Seller.

6.2./ All Goods offered in the Online shop are available Goods, however, a situation may arise that the Seller, due to reasons beyond the Seller’s control, will not be able to deliver the Goods to the Customer. The Customer will be informed of this fact within 2 working days after such a reason occurs.

6.3./ Delivery times stated by us are calculated from the time of concluding the contract and payment of the purchase price. The Customer will be notified of the delivery time depending on the place of delivery and other conditions. Especially, if the Customer has asked the Seller to carry out the registration of the Car, the delivery time is extended by the corresponding period. If not or no deviating delivery time is specified for the respective Goods in our Online shop, the Goods will be delivered in up to 8 weeks, extended for the days necessary for Car registration if such a service is purchased.

6.4./ The Goods may be delivered, according to the Customer's choice, to the address specified by the Customer or to the Seller's premises selected by the Customer and will be handed over to the Customer upon signing of a handover protocol at the place and time of delivery to the Customer, with the proviso that delivery of the Goods can only be made in Germany. The Customer must inspect the Car for external defects upon handover and record any additional defects in the handover protocol.

6.5./ Upon delivery, the Customer will be identified by means of an identity card or passport. If the Car is to be delivered to a third party or is to be collected from the branch by a third party, the third-party must present a power of attorney signed by the Customer and a copy of the Customer's identity card or passport when handing over the Car. The Customer has an option to select a third-party responsible for the handover of the Goods in the user account of the Online shop. Providing information about the third-party responsible for hand over in the user account is considered as power of attorney.

6.6./ If the Customer has selected one of the Seller's premises as the place of delivery, the Customer will choose the day and time of delivery. The Customer is obliged to collect the Goods at the selected time. If the Customer is delayed for more than 24 hours in the collection of the Goods from the Seller’s premises and does not agree with Seller on the new handover term within an additional 2 days, the Seller is entitled to move the Goods to the Seller’s store, ask the Customer to select a new delivery day and charge the Customer for compensation in the amount of 149 EUR. The Customer will have the right to prove that, in this context, only a smaller loss or no loss has actually been incurred. The Seller has the right to claim further damages. While the Customer is in default, the Customer is responsible for any negligence. Furthermore, the Customer is liable for changes in the condition of the Goods (e.g. acts of nature), unless the damage would have occurred even if the Car was collected within the agreed upon time.

6.7./ If the Customer has selected home delivery of the Goods the Customer has an obligation to take possession of the Goods at the time and place agreed with the Seller. If the Customer is unable to take possession of the Goods, the Customer is obliged to contact the Seller at least 48 hours before scheduled delivery and arrange a new delivery date; this will be changed with no additional cost. If the Customer fails to change the delivery time at least 48 hours before scheduled delivery the Seller charges the Customer compensation in the amount of the agreed delivery costs. The Customer will have the right to prove that, in this context, only a smaller loss or no loss has actually been incurred.

7.1./ The Seller guarantees to the Customer that the Car can be registered in Germany to the Customer (who has a place of residence or place of business in Germany) and that no record with the relevant government authority prevents this.

7.2./ The Customer may order a Car registration – in such a case the registration will be carried out by the Seller’s partner. The Customer will be contacted by phone, by the Seller’s partner without undue delay with information about all the documents that are required to carry out the registration of the Car (power of attorney, SEPA, etc.). The requirements depend on the Customer's place of residence or registered seat and the registration authority. The Customer has an obligation to provide all the documents necessary for Car registration without undue delay. Any delay with delivery of such a documents may lead to a delay in the Car delivery for which the Seller is not responsible.

7.3./ If the Customer does not order the Car registration service, the Customer has an obligation to register the Car themselves. The Customer is advised to plan the registration of the Car in time and to register it as soon as possible. In addition, the Seller makes the Customer aware of the applicable road traffic regulations. Especially, the Customer may not drive the Car on a public road until the Car is registered.

7.4./ From the moment the Car is handed over to the customer, the Customer has the obligation to pay vehicle taxes.

8.1./ Claims of the Customer who is consumer according to § 13 BGB due to material and legal defects of the used Car shall become invalid after one year from delivery of the used Car to the Customer and after two years for the subject of purchase other than the used Car. If the Customer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, the sale shall be made to the exclusion of any claims for material defects.

8.2./ The shortening of the limitation period in Article 8.1 does not apply to damage caused by grossly negligent or wilful violation of obligations of the Seller, Seller’s legal representative or Seller’s agent and in the event of injury to life, body, or of life, body or health.

8.3./ If the Seller is liable under statutory provision for damages the Seller's liability shall occur only if the Seller breaches material contractual obligation. The liability is limited to the typical damage foreseeable at the time of conclusion of the purchase contract. The personal liability of the legal representatives, vicarious agents and employees of the Seller for damages caused by them due to slight negligence is excluded. Article 8.2 shall apply accordingly to the aforementioned limitation and exclusion of liability.

8.4./ Irrespective of any fault on the part of the Seller’s liability in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.

8.5./ If a defect is to be remedied, the following shall apply: a) Claims due to material defects shall be asserted by the Customer to the Seller; b) if the object of purchase becomes unusable due to a defect, the Customer may, with the prior consent of the Seller, use another motor vehicle repair shop; c) for the parts installed within the scope of a defect removal the Customer may claim compensation until the expiry of the limitation period of the claims for material defects on the basis of the contract of sale. Replaced parts become the property of the Seller.

8.6./ Should the Customer discover defects after handover, the Customer is obliged to immediately inform the Seller of that. In order to accelerate the examination of the claim, the Seller can ask the Customer to provide photos or video recordings documenting the defect. Failure to comply, however, does not have an adverse effect on the Customer’s rights.

8.7./ Any complaint can be sent to info@driverama.de. The process of complaint handling and all possible channels for addressing complaints are available at: https://www.driverama.de/en/complaints-procedure.

8.8./ To the extent and under the terms of the documentation for the Car (including documentation in electronic form), the Car may be covered by a quality guarantee provided by a third party, and in this case, the Seller hereby assigns to the Customer the rights under such a guarantee, provided that the fulfilment of the warranty conditions is not guaranteed. If the Customer complaints to the Seller about any defect that is covered by the third party warranty the Seller is authorized to act on behalf of the Customer and require the third party to solve the relevant defect – for this, the Customer is obliged to provide the Seller with the necessary legal authority (power of attorney).

9.1./ The Customer who is consumer according to § 13 BGB has the right to withdraw from the contract (unless otherwise stated below) within a period of fifteen days without giving any reason, which shall run, in the case of

a) the purchase contract, from the date of receipt of the Goods;

b) a contract for several Goods or for the supply of several parts, from the date of acceptance of the last delivery of the Goods; or

c) a contract whose subject matter is the regular recurring delivery of Goods, from the date of receipt of the first delivery of Goods;

by sending the withdrawal to the address of the Seller's e-mail address, registered office, communicating it in person at any of the Seller's premises, or by completing and submitting the form at www.driverama.de. The Customer may use the revocation form which is available here: https://www.driverama.de/en/right-to-withdrawal.

9.2./ To meet the deadline for withdrawal, it shall be sufficient that the Customer send the notice on the withdrawal of the contract prior to expiry of the withdrawal deadline.

9.3./ From the moment of withdrawal from the contract the Customer or any person connected to Customer or authorized by the Customer is responsible for any damage caused by their actions. If the Customer or another person drives the Car after the withdrawal it is at the risk of the Customer and if any damage is caused it will be paid from the insurance of the Customer or directly by the Customer.

9.4./ In the event of withdrawal from the contract, the Customer shall return the Goods to the Seller’s premises and shall bear the costs associated with the return of the Goods. If the Goods were handed over at the Seller’s branch, the Customer is obliged to return the Goods to the same branch. Return to another branch is possible upon prior agreement with the Seller. If the Goods were home delivered to the Customer’s address the Customer shall return the Goods to the Seller’s Store or to another branch of the Seller upon prior agreement (the list of Stores and Seller’s Branches is available here: https://www.driverama.de/en/contact-us).

9.5./ The Customer is obliged to pay a proportionate part of the price in the event of withdrawal from a contract whose subject matter is the provision of services and in those cases in which the Customer has expressly demanded that the Seller begins with the performance prior to the expiry of the withdrawal period.

9.6./ A Customer who withdraws from the contract within 15 days from the date of receipt of the Goods shall hand over the Goods (including accessories and additional equipment, and Car documents received) to the Seller without undue delay, but no later than within 14 days after withdrawal.

9.7./ The Customer acknowledges that the refunded purchase price may be reduced by the depreciation of the value of the Goods due to its use from the time the Customer takes delivery of the Goods until the time of its return to the Seller. The Customer shall be responsible for any depreciation of the value of the Goods only if such depreciation has been caused by any treatment exceeding the orderly examination of the condition, characteristics, and functionality of the product, in particular, because:

a) the Car has been driven more than 300 km;

b) the interior of the Car has been damaged by smoking, or is otherwise excessively dirty;

c) there has been a change in the technical condition of the Car, a breakdown, or damage or any change to the exterior or interior as a result of the extensive use of the Car;

d) the Goods have been encumbered by a third party right, including a mortgage, lease, or title in favour of a third party;

e) the Customer is the subject of an enforcement or property lien or an insolvency.

9.8./ The compensation for use of kilometres driven under Article 9.7.a) is determined on the basis of 0,50 EUR for every additional kilometre driven above 300. The Customer will have the right to prove that, in this context, only a smaller loss or no loss has actually been incurred.

9.9./ In the event that the Customer is registered in the vehicle register as the new owner of the Car at the time of the return of the car, the Customer provides the Seller with necessary documentation and cooperation to deregister the Car.

9.10./ The Customer acknowledges that the purchase price will be refunded by the Seller to the Customer via bank transfer to the account from which the purchase price was paid by the Customer or to the account that the Customer has communicated or will communicate to the Seller.

9.11./ The Seller may refuse the refund until the Seller has received the Goods back or the Customer has proved that the Goods were returned, whichever is earlier.

9.12./ If the Customer receives any gift from the Seller in connection to the Order, such a gift is provided under the condition that the contract will not be terminated. If the contract is terminated the Customer has the obligation to return the gift to the Seller.

9.13./ If the Customer withdraws from the purchase contract in accordance with Article 9.1 more than once within a period of 12 months the Seller is authorized not to accept any further orders from the Customer.

10.1./ The Seller does not participate in any alternative dispute resolution schemes with a consumer arbitration panel and is not required to do so. Nor is the Seller subject to any codes of conduct. In all cases, the European Commission provides a platform for online dispute resolution that the Customer can access at http://www.ec.europa.eu/consumers/odr and file any complaint.

10.2./ The exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims arising from bills of exchange and checks, shall be the Seller's place of business.

10.3./ The same place of jurisdiction shall apply if the Customer does not have a general place of jurisdiction in Germany, relocates Customer’s place of residence or habitual abode outside Germany after the conclusion of the contract or if Customer’s place of residence or habitual abode at the time of place of residence is not known at the time of delivery of the Car to the Customer.

10.4./ These terms and conditions and the entire legal relationship between us and our counterparts shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the provisions of German Private International Law.

10.5./ These terms and conditions come into force and effect on 18. 7. 2022 and replace previous terms and conditions. The terms and conditions may be changed by the Seller, while the terms and conditions in force on the date of conclusion of the respective purchase contract shall always apply to the specific contractual relationship. These terms and conditions are available at the Seller’s Online shop and will be sent to the Customer’s e-mail address after the purchase contract conclusion together with the confirmation of the conclusion of the purchase contract.

10.6./ Deviation from the general terms and conditions by the Customer shall not be recognized unless the Seller expressly agrees to their validity in writing.

10.7./ The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.

In Munich, 18. 7. 2022

Terms and conditions

General terms and conditions of the online shop

1. General provisions

2. Placing an order

3. Intermediated services

4. Conclusion of the contract and transfer of ownership of the Goods

5. Payment method and date

6. Order processing and delivery of Goods

7. Registration of the Car owner in the vehicle register

8. Complaints and the Seller's liability for defects

9. Withdrawal from the contract, cost of returning the Goods, refund of payment

10. Final provisions