Terms of Use

Terms of Use for Registered Users of www.retromotion.com

 (version dated April 2018)

These Terms of Use in the version valid at the time the contract is entered into apply to the use by end customers (hereinafter referred to as the “User”) of the services offered by Retromotion GmbH, Teckstr. 62, 70190 Stuttgart (hereinafter referred to as “Retromotion ”) at www.retromotion.com.

                                                                                                                  § 1            
Services Offered; Availability

(1)      Retromotion provides the User with a platform, which includes diverse services for retrieving information, placing orders in the Retromotion Onlineshop, creating a customer garage with data pertaining to the User’s vintage or other classic vehicle, and/or sharing information with other users.

(2)      Retromotion reserves the right to amend the services offered and to limit the time during which the services offered can be used. The User is not entitled to demand continuation of specific services or parts thereof.

(3)      Retromotion reserves the right to modify the services offered, make new services available free of charge or subject to a fee, and to discontinue the provision of free services at any time. In doing do, Retromotion undertakes to safeguard the User’s legitimate interests.

(4)      Because for the time being Retromotion only offers services free of charge, the User is not entitled to demand uninterrupted use. Retromotion is not liable for interruptions or impediments to access to or to the use of user accounts due to maintenance work, upgrades, or other events, which may result in loss of data. Retromotion undertakes to ensure uninterrupted use of the services provided to the best of its ability.

                                                                                                                  § 2            
Registration

(1)      The User is required to register before using the services. Registration is free of charge. To place an order in the Retromotion Online Shop, the User does not need to create an user account. The User must be 18 years of age or older to register; minors are prohibited from registering.

(2)      During registration, the User is requested to define login data made up of his/her first and last name and e-mail address and a freely selectable password. The User may not register as a person other than himself/herself or use a name he/she has no right to use.

(3)      Should the data so defined change over the course of the User’s user relationship, he/she will be required to update the data in the personal settings section of his/her user account promptly. Any and all costs incurred by Retromotion due to incorrect information must be reimbursed by the User.

(4)      By transmitting registration data to Retromotion , the User is offering to establish a user relationship with Retromotion based on these Terms of Use. Retromotion will make a decision regarding the acceptance of such offer at its own discretion. If Retromotion does not confirm the User’s registration within a reasonable time by sending an mail confirming the User’s registration to the e-mail address provided by the User, the User no longer will be bound by his/her offer. Receipt of the e-mail confirmation constitutes the establishment of a contractual user relationship, and Retromotion will activate access as requested. As of the time of such activation, the User will be entitled to use the services of Retromotion in accordance with these Terms of Use.

(5)      The User may register at [URL] only once. Registration, the user relationship and the User’s account including login data are non-transferrable. Retromotion typically does not ascertain a User’s identity at the time of registration nor does Retromotion verify the information provided to it. Retromotion is not liable for ensuring that profile owners are in fact the persons they purport to be. As a precautionary measure, the User hereby authorizes Retromotion to use any and all registration-related information to verify the accuracy of the information provided.

(6)      The User undertakes to maintain the confidentiality of his/her login data including his/her password and to refrain from disclosing such data to any unauthorized third parties.

                                                                                                                  § 3            
Rating System; Uploading Content

(1)      One of the services offered by Retromotion is a system for rating the products offered in the Retromotion Onlineshop. The User hereby declares his/her consent to his/her ratings being made available publicly to other users and visitors to the Retromotion Onlineshop. The User is entitled to make true statements on the rating page for any of the products. Retromotion will not appropriate such ratings and is not obliged to verify the accuracy and/or content of such ratings.

(2)      Retromotion offers a comment function on the ratings system and in the customer garage to which the User can upload his/her own content. The User hereby assures Retromotion that he/she is the sole owner of any and all rights in any and all content transmitted to Retromotion and/or that he/she is otherwise entitled (e.g., based on valid consent provided by the owner of the respective rights) to upload the content and to grant such usage rights as specified above. In particular, this provision applies to third-party copyrights, to brand or patent rights, and to industrial property rights and/or anti-trust ancillary copyrights as well as to personal rights. In addition, the User undertakes to refrain from uploading content in violation of applicable laws.

(3)      Commercial use of the rating system, comment function, or customer garage is prohibited. Prohibited commercial use includes, but is not limited to,

a)        offering and/or promoting content, services and/or products of the User and/or third parties, subject to a fee;

b)        offering, promoting and/or carrying out activities of a commercial nature including sweepstakes, raffles, swaps, advertisements or pyramid schemes;

c)       exploiting the services available at [URL] including the content offered in connection therewith for financial compensation.

(4)      The User undertakes not to conduct any activities in or in connection with his/her user account which infringe upon applicable laws, third-party rights, or the principle of protection of youth including, but not limited to,

a)        uploading, disseminating, offering, and/or promoting content, services and/or products which are pornographic, infringe upon laws made for the protection of youth or of data and/or any other laws, and/or which are fraudulent;

b)        using content in such a manner as to insult or defame other users or third parties;

c)        using, providing and disseminating content, services, and/or products which are protected by law or encumbered with third-party rights (e.g., copyrights) without being expressly authorized to do so.

(5)      Regardless of any potential infringements of the law, the User also is prohibited from conducting the following activities when uploading his/her own content to the rating system, comment function, or customer garage:

a)        disseminating or communicating offensive, sexual, obscene. or defamatory content and communicating content suitable to promote or support racism, fanaticism, hate, physical violence, or illegal acts (in each case, explicitly or implicitly);

b)        harassing other users and/or promoting or supporting harassment of other users;

c)        soliciting other users to disclose passwords and/or personal data for commercial or illegal purposes;

d)        publicly disseminating and/or reproducing content available at [URL] unless expressly approved by the respective author or expressly provided in the form of a function at [URL].

(6)      If the User attempts to upload false, offensive, anticompetitive, criminal, or otherwise illegal content through third parties, the User can be excluded from the use of the services immediately.

(7)      Retromotion reserves the right to refuse uploaded content and/or to process, block, or delete uploaded content without notice if and when the upload of such content by the User or the uploaded content itself infringes upon these Terms of Use or there are strong indicators of material infringement occurring in the future. However, Retromotion undertakes to safeguard the User’s legitimate interests.

                                                                                                                  § 4            
Termination of the User Relationship

(1)      The User can terminate his/her user relationship at any time by clicking “Delete” under user account. The User then will be required to confirm such termination to complete the deletion of his/her user account and the termination of the user relationship.

(2)      Retromotion reserves the right to terminate free access to all or parts of the services offered upon the provision of fourteen (14) days’ notice.

                                                                                                                  § 5            
Liability

(1)      Retromotion will be excluded from liability for minor negligent failure to comply with obligations arising from the use of services of Retromotion unless such failure results in harm to life, body, or health or affects guarantees or claims under applicable product liability law (Produkthaftungsgesetz).

(2)      This does not affect Retromotion ’S liability for failure to comply with duties, which are essential prerequisites for the proper fulfillment of the user relationship and on which the User may regularly rely on its compliance. The same applies to breaches of obligations committed by Retromotion ’s agents.

                                                                                                                  § 6            
Changes to these Terms of Use

(1)      Retromotion reserves the right to make changes to these Terms of Use at any time and any such changes will affect contract relationships in existence when such changes are made. Retromotion undertakes to notify the User of any planned changes to these Terms of Use at least 30 calendar days prior to the date such changes become effective.

(2)      If the User fails to object to such changes within 30 days after receiving notification of such changes and continues to use the services after the period of objection has expired, the User will be deemed to have approved of the changes as of the expiration of such period. If the User objects, the user relationship may be continued under the former terms; however, in the event of an objection, Retromotion reserves the right to terminate the user relationship pursuant to § 4 above. The notification given by Retromotion regarding any planned changes will include information regarding the User’s right to object and the consequences thereof.

                                                                                                                  § 7            
Final Provisions

(1)      The User can find comprehensive information regarding Retromotion here. Retromotion ’s privacy statement includes information regarding data protection.

(2)         These Terms of Use are subject to German law without regard to the United Nations Convention on Contracts for the International Sale of Goods (CISG). For User who are consumers, this choice of applicable law applies only to the extent that it does not impair the mandatory application of consumer protection regulations of the State in which you as consumer are regularly resided at the time you place your offer.

(3)      To the extent that the User is a qualified merchant, the exclusive place of jurisdiction and all disputes arising out of or in connection with the user relationship shall be the statutory seat of Retromotion , Stuttgart. Retromotion shall also be entitled to bring an action at the User's statutory seat and at any other permissible place of jurisdiction.