General Terms and Conditions
- “WTX” refers to WTX Technologies GmbH, Theodor-Heuss-Straße 26, Stuttgart registered with the commercial register of the Local Court of Stuttgart under no. HRB 786967.
- “WTX platform” or “platform” is a B2B platform operated by WTX for selling and buying used commercial vehicles. The use of WTX platform is subject to these Terms and Conditions of Use.
- The website www.WTX.com is a website operated by WTX.
- “USER” refers to any visitor of the WTX website.
- “BUYER” refers to the purchasers having registered as buyers on WTX platform.
- “SELLER” refers to suppliers having registered as sellers on WTX platform.
- “Vehicle” means the vehicle listed on the WTX platform to be sold resp. be bought. “Vehicles” mean the multiple vehicles that can be part of one sales agreement.
II. About these Terms and Conditions of Use
- Please read these Terms and Conditions of Use carefully before using the website and services of WTX.
- These Terms & Conditions of Use shall govern any use of WTX website and/or service. By using WTX website and/or WTX services USER agrees to be bound by these Terms and Conditions of Use. WTX reserves the right to modify these Terms and Conditions of Use at any time and without giving any reason. WTX shall notify the USER of any modification to the Terms and Conditions of Use in writing, by facsimile or email. Where the USER does not object to such modification within six weeks from the date of receipt of the notice, the changes are deemed to have been consented to.
- Any conflicting general terms and conditions of a USER shall not apply.
- Full use of the features of the WTX platform are only available after completing registration and onboarding checks as BUYER or SELLER, acknowledgement of the data privacy and contact information (https://go.wtx.com/privacy-policy/) and opening an account under agreement to these Terms and Conditions of Use and the Terms and Conditions of Sale or Terms and Conditions of Purchase as the case may be in its then current version. WTX authorizes access to its platform at its full discretion and only after USER completes several onboarding checks outlined in the respective Terms and Conditions of Sale or Terms and Conditions of Purchase . BUYERS may see prices and buy vehicle(s) after completing registration and onboarding checks only (https://wtx.com/de/register/user).
- Any sale and purchase of vehicle(s) shall be subject to the Terms and Conditions of Sale or Terms and Conditions of Purchase, as the case may be.
- WTX provides these Terms and Condition of Use in English language. If these Terms and Condition of Use are provided in another language, this is only for convenience purposes for a better linguistic understanding. The English version shall prevail in case of any deviations.
III. Rights of use
- Within the scope of these Terms and Conditions of Use, USERS shall have the right using the online filters that are made available to make individual data sets visible on their screens and to print them out in order to create a permanent visual image.
- Activities of USERS that are aimed at rendering our service non-operational or at making its utilization more difficult are prohibited (e.g. non-serious offers with the aim of blocking vehicles). USERS must not systematically extract parts of WTX service and/or reuse them. In particular, without the express written consent of WTX, USERS must not use data mining, robots or similar data-collection and data-extraction programs in order to extract any substantial parts of our service for purposes of reusing them.
- Any linking, integration or other linkage of WTX service without express written consent is prohibited.
- The appearance and scope of functionality of the service may differ depending on the type of access – for instance via the website or via mobile-phone app. The right to use the service and its functions shall be limited to the current state-of-the-art technology.
IV. Data protection
- WTX takes the protection of personal data and of the privacy of the USERS of WTX website and platform very seriously. To ensure the greatest possible protection, WTX complies with all legal regulations in the area of data protection.
V. Copyrights and rights of use
- All trade signs, logos, texts, images, source code and other data on WTX website are subject to copyright protection. The utilization of WTX website does not entitle USER to any further utilization of such information. The modification, further processing and use of media of any kind is generally not permitted. Any further use is only possible with WTX's prior written consent.
- The unapproved use of WTX information as well as of the logos or trademarks of third parties that are reproduced on WTX website breaches WTX rights and/or third-party rights and is not permitted.
VI. Limitations on liability and warranties
- WTX shall only be liable for damages caused by a breach of obligations due to its gross negligence or willful misconduct. Further, WTX shall be liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance a USER may rely on regularly. In the last-mentioned case, WTX is only liable for the foreseeable, typical contractual damage. The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected. The same applies to breaches of duty by its vicarious agents.
- WTX platform and services, including all content, software, functions, materials, and information made available on or accessed through WTX platform or services, are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including without limitation, implied warranties of non-infringement, merchantability or fitness for a particular purpose.
- WTX makes no representations or warranties of any kind whatsoever for services or for the security associated with the transmission of sensitive information through WTX website, platform, services or any linked site. WTX does not warrant that the functions contained on WTX platform or services, or any materials or content contained therein, will be accurate, complete, up-to-date, uninterrupted or error free, that defects will be corrected, or that WTX services or the site or servers that make such services available are free of viruses or other harmful components.
- WTX does not give any warranty for the technical defects, in particular for the continuous and uninterrupted availability of the website or for the error-free display of the contents entered by the USER;
- In the event that the service offered is not accessible, the USER may contact WTX customer service.
- WTX in particular assumes no liability for any faults or disruptions within its network for which it is not responsible for.
- WTX shall only bear liability for losses of data in line with the subsections above where such a loss would have been unavoidable even if appropriate backup measures had been taken by the USER.
- If and as far WTX provides further guidance e. g. by using “Frequently asked Questions” (FAQs), USER accepts that those FAQs are meant for better understanding and simplification purposes only and agrees that the stipulations of the Terms and Conditions of Use, the Terms and Conditions of Sale or Terms and Conditions of Purchase as the case may shall be decisive and shall in case of doubts supersede the FAQs.
- USER will indemnify, defend and hold harmless WTX, its subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns (the “Indemnified Parties”) from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs), made by any third party due to or arising out of (i) USERs culpable breach of these Terms and Conditions of Use; (ii) USER improper use of WTX platform or services (iii) USERs culpable violation of any law or rights of a third party, including related to any content USER provides. WTX reserves the right, at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by USER, and USER shall not in any event settle any matter without WTX written consent. While some jurisdictions may limit USER liability hereunder, this indemnity shall apply to the fullest extent permissible by applicable law.
VIII. Severability clause
- Should any provision of these Terms and Conditions of Use be or become invalid, this shall not affect the legal validity of the remaining provisions. Instead of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest to the economic purpose intended by the parties. The foregoing provision shall apply mutatis mutandis in the case of contractual gaps.
IX. Governing law, place of performance and place of jurisdiction
- These Terms and Conditions of Use as well as all agreements and legal and business relationships that are subject to these Terms and Conditions of Use shall be governed by the laws of the Federal Republic of Germany to the exclusion of all other laws and the exclusion of the United Nations Convention on Contracts for the International Sale of Goods as far as they may otherwise have applied.
- In case of any dispute between USER and WTX, the parties will faithfully attempt to amicably resolve such dispute.
- Place of performance of all services rendered by WTX hereunder and the exclusive place of jurisdiction for all disputes arising under or in connection with this contractual relationship between USER and WTX shall be Stuttgart, Germany.