General terms and conditions

CX1 Exchange (FSIT GmbH)

Language changed to English

Data status: 01.01.2023

Attention: this is a machine translation. Only the German version is legally binding.

These GTC regulate the contractual relationship between FSIT GmbH and the users of the so-called dealer area for the service of the CX1 platform (vehicle exchange) and its interfaces.

§1 General
FSIT GmbH, Im Grund 17, 53840 Troisdorf, Germany (in short "FSIT") specialises in the development of software and offers this in the form of Software as a Service (SaaS) and API interfaces.

§2 Changes
FSIT reserves the right to make changes to the platform and the associated interfaces at any time, to discontinue them in whole or in part, as well as to change cost and/or credit models, after giving appropriate notice. FSIT may amend and adapt these GTC with effect for the future.

§3 Types of use
A distinction is made between three types of use (roles). The user can take on one or more of these roles: 1. supplier/seller of vehicles, 2. buyer of vehicles, 3. intermediary.
The supplier or seller (1) offers his vehicles via the Vehicle Exchange. The vehicle data records are transmitted e.g. via interface.
The buyer (2) searches for vehicle offers and can submit a purchase request to the seller directly via the platform.
The intermediary (3) recruits buyers and/or sellers for the platform and receives a share of the trading fee (see §4) in the form of a commission (called "cashback" on the platform). The amount of the commission can be viewed in the menu item "Prices" (in the public area of the website).
For the clear assignment of the intermediary and the referred buyer/seller, the latter must enter a character string (called "promocode" on the platform) in his registration, which the intermediary has given him.

§4 Trading fee
Both parties are charged a trading fee for a request to purchase a vehicle that has been requested by the buyer and confirmed by the seller. The amount of this fee can be viewed in the menu item "Prices" (in the public area of the website).
The vehicle purchase takes place subject to a preliminary contract, which is provided via the platform. The buyer and seller are responsible for the contractual arrangement of the actual purchase transaction. FSIT or the platform acts only as an intermediary.

§5 Settlement
At appropriate intervals, e.g. monthly, accrued trading fees and/or commissions shall be settled. An overview with the aforementioned amounts is available to each user in his internal area of the platform.

§6 Term and termination of this agreement
The agreement is concluded for an indefinite period. Either party may terminate the agreement at any time with effect from the end of the current billing period.
Insofar as the user exclusively makes use of free services, both parties are entitled to terminate the contract at any time. FSIT may terminate the contract in particular if the user has not used the services provided free of charge for a longer period of time.

§7 Formation of the contract
For the conclusion of a contract for the services of FSIT within the scope of this agreement, the entry of an e-mail address and a password is initially required. Active use later requires the entry of a billing address and payment information. FSIT reserves the right to refuse users.

§8 Availability
FSIT tries to provide its services as consistently as possible. However, the user has no claim to this. Downtimes may occur, e.g. for maintenance work or service interruptions.

§9 Copyright and intellectual property
FSIT grants the user a non-exclusive, non-transferable, non-sublicensable worldwide right to use the products for its internal purpose for the duration and within the scope of the agreement.

§10 Obligations of the customer
The user is obliged to keep the access data provided by FSIT safe and undertakes not to pass them on to third parties.
The user is not entitled to pass on or resell the access authorisations or his access to the products to third parties. The user is obliged to observe all legal provisions for the collection, processing and use of data.
The user may only use the products in accordance with the applicable laws. This includes export control laws and regulations.

§11 Complaints procedure
The EU Commission provides an online platform for online complaints (ODR platform). It can be accessed at https://ec.europa.eu/consumers/odr/. FSIT is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§12 Final provisions
The user's general terms and conditions shall not become part of the agreement unless FSIT has expressly agreed to them in writing.
Amendments to this agreement and all ancillary agreements, including the specification of services, the main part of this agreement and any appendices, must be made in writing. This also applies to the cancellation of this written form clause.
The user may only offset claims against FSIT or assert a right of retention if his counterclaim is undisputed, legally established or the counterclaim is in a mutual relationship to the respective claim concerned.
This Agreement shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions. If the user is a consumer within the meaning of Section 13 of the German Civil Code (BGB), mandatory statutory consumer protection provisions under the law of the state in which the consumer has his habitual residence shall remain unaffected.
The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be Siegburg, provided that the contracting parties are merchants, the user does not have a general place of jurisdiction in Germany or in another EU member state, his permanent place of residence has been moved abroad after these General Terms and Conditions came into force or his place of residence or usual place of abode is unknown at the time the action is brought.