General Terms and Conditions of ORES Software
§1 Validity towards entrepreneurs and definition of terms
(1) The following General Terms and Conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders placed via our Internet store .ORES Software
(2) In the event of a contract being concluded, the contract with
ORES Software
Marientaler Str. 83
38350 Helmstedt
is concluded.
(3) The presentation of the goods in our Internet store does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
(4) Upon receipt of an order in our Internet store, the following regulations apply: The consumer submits a binding contractual offer by successfully completing the order procedure provided in our Internet store.
The order is placed in the following steps:
1) Selection of the desired goods
2) Confirm by clicking on the "Order" button
3) Check the details in the shopping cart
4) Click on the "Checkout" button
5) Log in to the online store after registering and entering your login details (e-mail address and password).
6) Re-check or correct the data entered.
7) Binding submission of the order by clicking on the button "order for a fee" or "buy"
Before submitting the binding order, the consumer can return to the website on which the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "Back" button contained in the Internet browser used by him after checking his details. We confirm receipt of the order immediately by means of an automatically generated e-mail ("order confirmation"). With this we accept your offer.
(5) Storage of the contract text for orders via our Internet store: We will send you the order data and our General Terms and Conditions by e-mail. You can also view the GTC at any time at ORES Software GmbH. For security reasons, your order data is no longer accessible via the Internet.
§3 Prices, shipping costs,
Payment, due date
(1) The prices quoted include statutory VAT and other price components. Any shipping costs are added.
(2) The consumer has the option of paying by instant bank transfer and PayPal.
(3) If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.
§4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for dispatch immediately. Delivery will be made within 14 working days at the latest. In the case of payment in advance, the delivery period begins on the day after the payment order is sent to the bank responsible for the transfer and for all other payment methods on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline shall end on the next working day.
(2) The risk of accidental loss and accidental deterioration of the item sold shall not pass to the buyer until the item is handed over to the buyer, even in the case of sale by dispatch.
§5 Retention of title
We reserve title to the goods until the purchase price has been paid in full.
SUPPLEMENT Auctions:
General Terms and Conditions for Auctions
The following General Terms and Conditions (hereinafter: "GTC") of ORES Software, Marientaler Str. 83 38350 Helmstedt (hereinafter: "Operator") apply to the use of the online trading platform www.oresautomobile.de/auktion (hereinafter: "Auction Portal").
1. description of services
The auction portal is an online trading platform on which used vehicles can be offered, sold and purchased exclusively between commercial participants - i.e. sellers (hereinafter referred to as "sellers") and buyers (hereinafter referred to as "bidders"). Their offer, sale or purchase may not violate legal regulations or these GTC. The Operator shall also offer vehicles, but shall not place any bids itself. The Operator shall not itself become a party to the purchase contracts concluded exclusively between the participants of this trading platform. The fulfillment of the contracts concluded via the auction portal also takes place exclusively between the participants. The operator assumes no guarantee for the identity, seriousness, willingness to perform and the performance capacity of the participants. Offers and contents of participants published on the auction portal are generally not checked by the operator for their legality, correctness and completeness.
2. registration
The use of the auction portal requires registration as a participant. Participants can only be commercial resellers of vehicles - legal entities and natural persons with full legal capacity who can prove their commercial activity to the Operator.
Registration is free of charge. The first step is to fill out the registration form completely and correctly and to agree to these GTC. The registration of a legal entity may only be carried out by an authorized natural person, who must be named.
After verification of the data and receipt of the trade license (via upload form or by e-mail: ), the participant will receive a user name and a password with which he can then participate in online auctions. If the data provided changes after registration, the participant himself is obliged to correct the details in his participant account immediately. Upon registration, a contract for the use of the auction portal (hereinafter: "user contract") is concluded between the operator and the participant. There is no entitlement to the conclusion of a contract of use. The rejection of a requested registration does not require any reasons to be given. Participants must keep their password secret and carefully secure their access to the auction portal. Participants are obliged to inform the Operator immediately if there are any indications that a participant account could be misused by third parties. The operator will not disclose a participant's password to third parties and will never ask a participant for their password by e-mail or telephone. Participants are generally liable for all activities that are carried out using their participant account. Liability does not apply if the participant is not responsible for the misuse of their account due to a breach of their duty of care. A participant account is not transferable.
3 Subject matter and scope of the contract of use
Participants are only entitled to use the auction portal and its functions within the scope of the current state of the art. The Operator will temporarily restrict its services for maintenance work if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical measures and if this serves the proper or improved provision of the services. In such cases, the operator will inform the participants by means of specific system news, which will be communicated in advance on the start page of the auction portal.
The operator assumes no liability for damages that participants or third parties may incur as a result of temporarily disrupted availability of the auction portal due to bids not being received by the operator or not being received in time. In this respect, the participants acknowledge that the operator cannot guarantee the uninterrupted and completely fault-free availability of the auction portal. In particular, sudden events beyond the control of the Operator (e.g. disruptions of public communication networks, power failures, etc.) may lead to short-term disruptions or temporary suspension of the auction portal. Point 11 of these GTC remains unaffected by the above provision. In such cases, the operator reserves the right - without acknowledging any legal obligation and without prejudice - to extend auctions by 24 hours. The participants will then be explicitly informed by the operator by e-mail.
If an unforeseen system failure impedes the submission of bids, the buy-it-now function or other functions, corresponding information will be published as system news as far as technically possible.
4 Sanctions, blocking and termination of participants
The operator can take the following measures at any time if there are concrete indications that a participant is violating legal regulations, the rights of third parties or these GTC or if the operator has another legitimate interest, in particular to protect participants from fraudulent activities:
Deletion of offers, bids or other content
Warning participants
Restricting the use of the auction portal
Temporary blocking of a participant
Final blocking of a participant
Participants may terminate this contract of use at any time. A notice of termination (by e-mail: ) to the operator is sufficient. The operator can terminate the user contract at any time (by e-mail) with a notice period of 2 weeks to the end of the month. The right to blocking remains unaffected by this. No reasons need be given for termination.
5 User fees
Registration as a participant is free of charge. The operator does not charge any fees for the submission of bids or for the purchase of vehicles.
The operator charges the provider a usage fee for offering vehicles. The usage fee is charged regardless of the actual progress of the auction. The amount of the fee is based on the current fee schedule. The Operator reserves the right to increase the usage fee at any time at its reasonable discretion with four weeks' notice.
Vendors may place the vehicle in the auction as often as they wish, provided that the vehicle data is not deleted from the database by the vendor himself. The operator shall invoice the provider by the 15th of the following month for the vehicles placed in the system in the previous month. The invoice is payable without deduction within 14 days of the invoice date. Providers may only offset claims against fees if these claims have been legally established against the operator or are undisputed by the operator.
6. principles of use
When using the auction portal, it is the responsibility of each bidder to ensure that their bids or content are lawful and do not infringe the rights of third parties.
Vendors must describe their offers correctly and completely in words and pictures. All characteristics and features essential for the purchase decision as well as defects that reduce the value of the vehicle offered must be truthfully stated. Full details of payment and delivery must be provided. Offers may not contain any advertising other than for the vehicle offered, in particular by means of links to the provider's homepage, telephone numbers, etc.
Suppliers must be in a position to transfer ownership of the vehicles offered to the bidder immediately after conclusion of the contract.
The vehicle description and the images used must not infringe the rights of third parties and must relate exclusively to the vehicle on offer. Participants themselves are responsible for archiving information that can be viewed on the auction portal and stored by the operator and that they require for the purposes of preserving evidence, bookkeeping, etc. on a storage medium independent of the auction portal. Participants may not use addresses and contact data obtained through the use of the auction portal for any other purpose than for contractual and pre-contractual communication. In particular, it is prohibited to resell this data or to use it for sending advertising unless the respective participant has expressly consented to this in advance.
7 Contract execution
If a contract is concluded on the auction portal between a vendor and a bidder, the operator shall provide the contracting parties with the data required for mutual contact and contract processing.
8 Auction and buy-it-now option
If a vendor places a vehicle for sale on the auction portal, they are making an offer to conclude a contract. The vendor determines a starting price, a minimum selling price and the duration of the auction within which the offer can be accepted by bid. Every vendor has the option of linking their offer to general terms and conditions. These are then part of the offer.
The vendor shall list the vehicles placed on the auction portal exclusively with gross prices (including the applicable statutory VAT).
Vehicles must be placed on the auction portal at least 24 hours before the start of the auction.
The bidder bindingly accepts the offer and the validity of the bidder's general terms and conditions by placing a bid. The bid expires if another bidder places a higher bid during the auction period. At the end of the auction, a contract for the purchase of the vehicle is concluded between the bidder and the highest bidder, provided that the highest bidder has placed a bid at or above the minimum selling price.
If, at the end of the auction, the amount of the bid is below the set minimum selling price, no contract is initially concluded. In this case, the seller reserves the right to accept the bid, which is binding for the highest bidder in any case. The highest bidder will receive a corresponding notification from the vendor within seven days of the end of the auction. The notification shall be sent by e-mail, fax, telephone or post. In this case, a contract for the purchase of the vehicle is concluded between the bidder and the highest bidder.
Each bidder can place a maximum bid in an auction. The maximum bid represents the maximum amount that the bidder is prepared to pay for the vehicle. The maximum bid remains hidden from the bidder and other bidders. If other bidders bid on the vehicle, the current bid is automatically increased in stages (vehicle price up to EUR 100 increased in stages by EUR 5; vehicle price from EUR 101 to EUR 999 increased in stages by EUR 50; vehicle price over EUR 1,000 increased in stages by EUR 100) so that the bidder remains the highest bidder until his maximum bid is outbid by another bidder. If a bid that is at least equal to the minimum selling price is placed on a vehicle whose maximum bid is still below the minimum selling price, the bid is automatically raised to the amount of the minimum selling price.
A premature conclusion of contract - irrespective of the duration of the auction to date - is concluded in the amount of a fixed price selected by the bidder if the bidder purchases a vehicle via the buy-it-now option. The vehicle can be purchased via the "Buy it now" option until the amount of a bid has reached the minimum selling price. Once the minimum selling price has been reached, the "Buy it now" function expires. When a vehicle is put up for auction, the provider decides whether to offer the buy-it-now option.
Participants may not manipulate the course of an auction by placing bids using another participant account or by deliberately involving a third party. In particular, the seller is prohibited from placing bids on the vehicles placed by him.
9. indemnification
Each participant shall indemnify the operator against all claims asserted by other participants or third parties against the operator due to an infringement of their rights by the offers, bids or content posted by participants or due to their other use of the auction portal. The participant shall bear the costs of the necessary legal defense of the operator, including all court and lawyer's fees in the statutory amount. This does not apply if the participant is not responsible for the infringement. In the event of a claim by third parties, the participant is obliged to provide the operator immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
Participants must refrain from doing anything - e.g. using mechanisms, software or other scripts in connection with the use of the auction portal - that could disrupt the functioning of the website. The submission of bids by means of automated data processing is not permitted.
The content stored on the auction portal may not be copied or distributed or used or reproduced in any other way without the prior consent of the copyright holder.11 Limitation of liability
The operator shall only be liable to participants for damages - except in the event of a breach of material contractual obligations - if and to the extent that the operator, its legal representatives, executives or other vicarious agents are guilty of intent or gross negligence. In the event of a breach of material contractual obligations, the Operator shall be liable for any culpable conduct on the part of its legal representatives, executives or other vicarious agents.
Except in the case of intent or gross negligence on the part of legal representatives, executives or other vicarious agents of the operator, liability is limited to the amount of damages typically foreseeable at the time the contract was concluded. Liability to participants for compensation for indirect damages, in particular for loss of profit, shall only exist in the event of intent or gross negligence on the part of legal representatives, executives or other vicarious agents of the operator. The aforementioned exclusions and limitations of liability do not apply to participants in the event of the assumption of express guarantees by the operator and for damages resulting from injury to life, body or health as well as in the case of mandatory legal regulations.
12 Written form, applicable law and place of jurisdiction
All declarations, amendments and additions that are transmitted within the scope of the user contract to be concluded with the operator must be made via the registration form or by e-mail: This also applies to the waiver of this written form clause.
The postal address and e-mail address of a participant are those that have been provided by the participant as current contact details in their participant account.
The exclusive place of jurisdiction for all disputes arising from the contract of use and these GTC is Braunschweig. The substantive law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply.
13 Amendment of these GTC, severability clause
The operator reserves the right to amend these GTC at any time and without stating reasons. The amended terms and conditions will be sent to participants by fax or e-mail at least two weeks before they come into force. If a participant does not object to the validity of the new GTC within two weeks of receipt, the amended GTC shall be deemed to have been accepted.
If a provision of these GTC is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes.