General Terms and Conditions of Business and Use of WOM WreckOnlineMarket GmbH (www.womauktion.com)

 

Preliminary remark

We, WOM WreckOnlineMarket GmbH, Im Stöckmädle 13, 76307 Karlsbad, Germany, Mannheim Local Court (“Amtsgericht”) HRB No.: 718813 (we“, „us“, „WOM), operate an auction platform for commercial customers of used and damaged vehicles (hereinafter the "Plattform") via the internet address www.womauktion.com.

The Platform's mode of operation can be described in simple terms as follows:

  • Insurance companies, experts, fleet owners and other commercial companies (hereinafter "Vehicle Placing Parties”) can register on the Platform to place vehicles on the Platform for which a residual value is to be determined. The residual value is determined by way of the purchase offers that have been made for the placed vehicle and submitted by the dealers and recycling companies registered on the Platform (hereinafter “Bidders”). Following the end of the auction, the vehicle owner or keeper can decide whether or not he wishes to sell the vehicle to one of the Bidders. Vehicle Placing Parties and Bidders are hereinafter described jointly as “Users”.
  • The term “vehicle” in the aforementioned and subsequent sense is understood to mean any motor vehicle, including passenger cars, heavy goods vehicles, motorcycles, motorhomes, commercial vehicles, watercraft, machines or appertaining vehicle parts that the Vehicle Placing Parties placed on our Platform.
  • WOM uses the Platform to make the functions available in accordance with these General Terms and Conditions of Business, which enable vehicles to be placed and offers to be made accordingly. Furthermore, WOM provides support for determining the residual value and, where applicable, the subsequent processing of the purchase contract entered into by the Bidder and the respective vehicle owner or keeper. The Bidders and respective vehicle owners or keepers enter into purchase contracts directly and outside the Platform. Bidders who have a registered office abroad acquire vehicles via the interim acquisition of the respective vehicle by our service company WOM Service GmbH, which then sells the vehicle to the respective Bidder following the interim acquisition.

 

§ 1 Scope, general

(1) Solely the following General Terms and Conditions of Business and Use apply to the use of the Platform, provided there is no overlapping between these General Terms and Conditions of Business and Use and compulsory law to the contrary (e.g. statutory compulsory requirements or individual agreements in accordance with § 305b BGB (German Civil Code)).

(2) Our separate regulations on data protection in our Data Protection Policy apply on a supplementary basis to these General Terms and Conditions of Business. The current version of these data protection regulations can be viewed or downloaded and printed via our website at www.womauktion.com by using the “Data Protection” link.

(3) In individual cases, agreements entered into by us and the Users (including subsidiary agreements, supplementary information and amendments) shall in any case have preference over these General Terms and Conditions of Business. A written contract, or the written confirmation by WOM, is authoritative for the content of such agreements.

(4) Notices about the validity of statutory requirements merely provide clarification in terms of their meaning. Therefore, the statutory requirements shall also apply without such clarification insofar as they are not directly amended or are expressly ruled out in these General Terms and Conditions of Business.

 

§ 2 Contract on permission for use, registration

(1) To have the opportunity to use the Platform functions, Vehicle Placing Parties and Bidders must also register on the Platform and enter into a contract on permission for use with us based on these General Terms and Conditions of Business.

(2) We enter into a contract on permission for use only with Users who use the Platform by way of performing their commercial or self-employed professional activity (“Commercial Activity”). Non-commercial Users acting in a private capacity are not permitted to use the Platform.

(3) With regard to entering into a contract on permission for use, we assume in detail that the natural person acting on behalf of the respective User:

  • Has unlimited legal capacity,
  • Is at least 18 years of age,
  • Has identified himself by way of presenting a copy of an identity document with a photograph (personal identity card or passport) (hereinafter “Identification proof”),
  • Furnishes written proof of the commercial activity (copy of the business registration or a comparable document) (hereinafter “Proof of Commercial Activity”) and
  • If the User has his registered office in the European Union, states the VAT ID.

(4) Finally, with regard to entering into a contract on permission for use we assume that the User, or the natural person acting on behalf of the User, shall make available to us at least the following personal data (“Personal Data”) in full and accurately:

First name and surname of the natural person acting on behalf of the User, User’s company name, address, telephone number, e-mail and optionally: Sector:

(5) To enter into the contract on permission for use, the User must properly and fully complete the online registration form placed on the Platform, and upload the Identification Proof and the Proof of Commercial Activity, or send such proof to WOM by e-mail to registrierung@womauktion.com. The registration application will be forwarded to WOM by clicking on the “Register Now” button. Following receipt of the registration form completed in full and the forwarding of the aforementioned proof, the User shall receive confirmation of transmission for his registration application and a link via which the User can confirm his registration. Then the access data (user name and password) shall be sent to the e-mail address stated by the User for a 14-day demo account free of charge that provides an initial insight into the Platform. The contract on permission for use entered into with us is brought about upon receipt by the Bidder of this e-mail. The Platform functions are only available on a limited basis for the User for the duration of the 14-day demo account. The User cannot, in particular, make bids on vehicles.

(6) Only once WOM has reviewed in full and cleared the registration application and the proof shall all the Platform functions be activated for the respective User. Bidders are also required to have paid the initial annual fee in accordance with § 6 to bring about the activation. WOM shall inform the Users by e-mail of the respective activation. As long as the User has not forwarded the complete registration application, the Identification Proof and the Proof of Commercial Activity to WOM, and the Bidder has not paid the annual fee, WOM does not undertake to activate the Platform. If the complete registration application and the aforementioned proof are not forwarded and/or the annual fee is not paid irrespective of WOM setting a final and reasonable additional period in text form, WOM shall be entitled to terminate the contract entered into with the User on permission for use without notice.

(7) Users undertake to provide complete and accurate details as part of the registration. Users furthermore undertake to notify WOM in writing or in text form without delay of changes to their personal data and other details. This applies, in particular, in the case of changes to, or the loss of, the capacity of their commercial activity or changes to their VAT ID. If a User violates the aforementioned obligations in respect of providing notification without delay of data changes, we shall be entitled to temporarily exclude the affected User from further using the Platform until notification has subsequently been provided about all details. If the changes are not forwarded irrespective of WOM setting a final and reasonable additional period in text form, WOM shall be entitled to terminate the contract entered into with the User on permission for use without notice.

 

§ 3 Performance scope

(1) On the basis of the contract on permission for use and in accordance with these General Terms and Conditions of Business, WOM maintains and operates the functions made available on the Platform, in particular the functions for implementing the auction procedure provided for in § 4.

(2) WOM makes available to the Users the technical opportunity and authorisation to gain access to the Platform via the internet and use the Platform functions as part of the contract on permission for use. The Platform is made available for use in a computer centre and by way of call up by the Users. The authoritative performance handover point for the Platform is the router exit of the computer centre used by WOM. WOM is not responsible for malfunctions or the non-availability of hardware and software components, the internet or other networks after this performance handover point. The User's connection to the internet, maintaining the network connection and the procurement and provision of hardware and software required on the User's pages are not the subject matter of the contract on permission for use and are solely the responsibility of the User.

(3) WOM shall endeavour to the best of its ability to guarantee access to the Platform during the main periods of use (workdays from 8.00 a.m. to 6.00 p.m.) at an average annual availability of 95 %. However, availability at all times is not the subject matter of performance that is to be provided. Required maintenance work, in particular, urgent security reasons and events that are beyond our sphere of influence (e.g. internet malfunctions, power shortages or similar events) may lead to Platform malfunctions and Platform accessibility including below the average annual availability of 95 % without this constituting violation of a contractual obligation on our part provided we have not culpably brought about such a contractual violation.

(4) WOM may temporarily restrict or discontinue access to the Platform at any time if such action is urgently required in respect of the security or integrity of our servers or to conduct urgent technical measures to maintain the contractual performance for all Users. Restricting Platform access may, in particular, be necessary to provide protection against attacks from the internet (e.g. in the case of so-called Denial of Service attacks or other attacks by cyber criminals) and in such a case is permitted, including if as a result the annual average availability in accordance with § 3(3) is not achieved.

(5) Where in addition to the Platform functions WOM renders other services to process purchase contracts entered into by the Vehicle Placing Parties and Bidders, in particular the WOM processing service (AWS), WOM is not required to bring about a specific success. Moreover, the rendering of services applies on a contract for services basis within the meaning of §§ 611 et seq. BGB. In other respects, the specific performance content of the WOM processing services (AWS) is described in greater detail on the WOM website at https://www.womauktion.com/en/support/faq/.

(6) Where not expressly agreed upon with WOM, WOM is not required to render any additional services, in particular not any installation, set-up, consulting, adjustment and/or training services.

 

§ 4 Obligations and liability of the Vehicle Placing Party

The Vehicle Placing Parties are liable for the placing data made available to them, in particular photographs, drawings, descriptions and documentation, not being subject to third party rights and, in particular, that such data do not infringe upon third party commercial property rights. The Vehicle Placing Parties assure that where the data made available to WOM emanate from third parties, corresponding declarations of consent are available for publication.

The Vehicle Placing Parties render WOM exempt from all claims, based on whichever legal grounds, resulting from any negligent or intentional violations of third party rights.

The Vehicle Placing Parties are liable to WOM, and a potential Bidder, for the accuracy of the details forwarded to WOM. This applies, in particular, to details about the condition of the individual vehicles, stated trim level and features such as accessories or extras.

Where third parties take legal action against WOM as a result of false or incomplete details, the Vehicle Placing Parties render WOM exempt from all asserted claims.

The Vehicle Placing Parties consent to WOM disclosing the name of a Vehicle Placing Party to the Bidder if the Bidder does not assert clearly unjustified warranty claims regarding the sold vehicles provided nothing to the contrary has been agreed upon by the parties.

 

§ 5 Auction procedure, determining the residual value and purchase of vehicles

(1) During an auction on the Platform Bidders can make a purchase offer for a respective vehicle. Each purchase offer is to be understood as gross, i.e. it includes the turnover tax that may be payable by the Bidder when purchasing a vehicle. The Bidder undertakes to carefully review all placing data and, where applicable, additional information prior to making a bid. As long as the auction has not been concluded, the respective Bidder can increase or cancel a purchase offer. Bidders submit bids by clicking on the button specified in that respect on the Platform. All bids that have been submitted and not cancelled at the end of the auction have binding force for a period of 21 calendar days (“Binding Bid Period”). The aforementioned Binding Bid Period commences from the time at which the auction ends. The bids are deemed a legally binding offer by the Bidder for the purchase of the vehicle at the respective bid price.

(2) The residual value of the vehicle is determined on the basis of the highest bid (“Highest Offer”) submitted during the period of the auction.

(3) The owner or keeper of the placed vehicle does not undertake to sell the vehicle to the Bidder who has submitted the Highest Offer. Moreover, the vehicle owner or keeper is free to decide whether or if at all, and if so with which Bidder, he enters into a purchase contract. By way of the acceptance of the offer by the owner or keeper, a valid purchase contract is brought about between him and the Bidder. This then places the Bidder under obligation to pay the purchase price and take delivery of the vehicle. If the vehicle owner or keeper decides within the Binding Bid Period to sell the placed vehicle to another Bidder, the vehicle owner or keeper shall notify WOM of this. WOM shall then inform the Bidder accordingly and support the parties in entering into a purchase contract. If the Bidder selected by the vehicle owner or keeper has his registered office abroad, WOM Service GmbH shall be entitled to accept the bid of the foreign Bidder and acquire the affected vehicle for the purpose of interim acquisition and then simultaneously sell it on to the foreign Bidder. These purchase contracts are also entered into outside the Platform.

(4) If a contract of purchase is brought about with the respective Bidder, WOM forwards the purchase contract and the appertaining invoice to the Bidder. From the time of receipt of the purchase contract and the invoice, the Bidder undertakes to collect the vehicle at the latest within six (6) workdays at the location stated by the vehicle owner or keeper. If the Bidder fails to honour this period, where applicable the Bidder shall incur additional storage charges. The Bidder is wholly responsible for the transport from the collection location. The Bidder is aware that the vehicles may no longer be drivable or may not be suitable or licensed for transport in public traffic. Depending on the vehicle, the Bidder is to adopt corresponding measures at the collection to guarantee safe transport from the collection location, e.g. by way of suitable passenger car transporters. The transport from the parking area of the collection location applies at the Bidder's cost and risk.

(5) The Bidder or the persons commissioned with the task of collecting the vehicle are to check the vehicle, where possible directly on site, for identifiable variations from the placed descriptions. If the condition of the vehicle varies considerably from the placed details or the details in the collection order, the Buyer undertakes to notify WOM of this without delay. Any reasons for complaint are, in any case, to be set out in detail in a handover record and, where possible signed by the other party, and documented by way of including photographs.

(6) Complaints are to be made without delay. Without delay within the meaning of this provision means either directly at collection or in the event that the vehicle is collected by third parties directly following arrival of the vehicle at the Bidder's location. In that respect, the Seller is to be granted the option of a subsequent inspection.

(7) A complaint shall be excluded if a subsequent inspection can only be conducted under difficult conditions or by way of disproportionate effort, e.g. by way of the interim selling on of the vehicle. This does not apply if the Seller has proven to have waived his right to a subsequent inspection. A complaint shall be excluded if changes have been made to the vehicle by the Buyer or third parties after the handover of the vehicle, which in terms of type and scope are merely insignificant.

(8) Subsequent negotiations on the purchase price are prohibited at any time and may be assumed to constitute a key contractual violation.

(9) If the vehicle has not been collected within 10 days, WOM shall be entitled, following the prior reasonable setting of a period for collection that is allowed to expire in vain, to once again place the vehicle on the Platform at the Buyer’s cost (see our price list) or otherwise offer it for the purpose of minimising damage.  A potential negative difference that may result from this compared to the original offer shall be borne by the Buyer. The precondition for this burden of costs is WOM rendering the Buyer exempt from the Seller's claims. Therefore, the Seller no longer asserts claims against the Buyer resulting from the purchase contract.

(10) It is incumbent solely upon the Bidder to decide whether or not, and on which vehicle, he wishes to bid. WOM is not required to, and shall not, render any consultation services for or furnish any information or make any recommendations to Bidders. We there recommend the Bidder to obtain professional advice before deciding, where applicable, on the economic and tax consequences of submitting a bid and entering into a purchase contract.

(11) In view of the fact that WOM does not check the accuracy of the quality specifications stated by the Vehicle Placing Parties and presented on the Platform for the respective vehicle, neither WOM nor WOM Service GmbH guarantees that the details provided by the Vehicle Placing Party regarding the vehicle are correct and complete with the exception of the case of intent and physical injury, loss of life and detrimental effects on health or an assumed guarantee.

 

§ 6 Intellectual property and utilisation rights

The Platform contains content (texts, photographs and software etc.) that is protected in accordance with the customary statutory provisions. The content may, therefore, be the subject matter of copyrights, brand rights, patents or other commercial property rights. Solely WOM and our respective licensors are entitled to the rights to such content. The content may only be used as part of the use of the Platform agreed in a contract. Furthermore such content, in particular texts and photographs, may not be processed, downloaded, duplicated, rented out, lent, leased, sold, made available in public or otherwise marketed without express consent by WOM.

 

§ 7 Remuneration, price lists, terms and conditions of payment

(1) Upon entering into a contract on permission for use, the Users undertake to pay the fees, in particular the ongoing annual fees, and the other transaction fees, in accordance with the respective price lists that apply to the Vehicle Placing Parties and Bidders. The following price lists published on the WOM website apply:

(2) A non-refundable annual fee in accordance with the price list for Bidders that is valid at the time of entering into the contract on permission for use shall fall due for payment by Bidders upon entering into the contract on permission for use. As soon as we have received payment of the annual fee, we shall activate all the Platform functions for the Bidder.

(3) The Bidders’ annual fees are payable in advance in each case for one contract year and fall due for payment within five (5) calendar days following the invoice date. The other fees stated in the price lists shall also, in each case, fall due for payment within five (5) calendar days following the invoice date.

(4) Users can settle invoices by using the payment procedure made available by WOM. Where a contrary regulation is agreed upon with WOM in an individual case, all invoice amounts are to be settled via bank transfer and transferred to the WOM account stated in the invoice. All bank charges are to be borne by the Users, in particular charges for foreign transfers, the return of direct debit transactions or other comparable charges. WOM reserves the right to forward invoices and payment reminders exclusively by electronic means.

(5) If a User defaults in payment of fees, the outstanding invoice amounts during the default shall incur interest at the respective, valid, statutory interest rate. We reserve the right to assert a claim for further-reaching damage caused by default.

(6) All fees payable as part of the contract on permission for use are to be understood as net fees without turnover tax or other charges.

(7) In the case of changed market conditions, in the case of considerable changes to the procurement costs, changes to turnover tax or in the case of price increases of subcontractors, WOM shall be entitled to adjust the prices and charges. WOM shall give Users written notice of the amendment at the latest two (2) weeks before they come into force. In the event that the User does not accept the price increase, both WOM and the User shall be entitled to terminate the contract on permission for use by way of notice of one month to take effect at the end of a calendar month provided the price increase is more than three percent (3 %) of the price to date. In the event of termination, the prices that are not increased shall continue to apply up until the termination comes into force.

(8) The User can only set off with res judicata or undisputed claims. The User shall only be entitled to exercise retention rights against WOM if the asserted counter-claim is undisputed or has become res judicata. Assigning claims directed against WOM is excluded. However, the aforementioned does not apply in the area of application of § 354a HGB (German Commercial Code).

 

§ 8 Special conditions of use for the Platform

(1) Both the user name and the password for access to the Platform are to be treated in confidence. The Users are responsible for all activities and actions that are undertaken under their user name or password. Users shall notify WOM without delay if their user name, password or access are used without authorisation or if another security violation applies. Users are furthermore to ensure that they properly log-off after any use of the Platform. We shall not be responsible for damage resulting from violation of the obligations set out in this § 7 for the Users.

(2) If Users log-on to our Platform, they undertake to comply with the valid statutory provisions at all times. The following are, in particular, prohibited: disseminating unlawful or immoral content; unlawfully duplicating, disseminating or making available goods protected by copyright; and sending or disseminating content that constitutes harassment, libel or a threat.

(3) Users further undertake at no time to take any action that could jeopardise or damage the security of our Platform. The following are, in particular, prohibited: gaining access to our data network, or attempting this (hacking), sending unsolicited mass mails (spamming), using facilities or applications that lead or could lead to malfunctions in/changes to the physical or logical structure of our servers or networks.

(4) The User shall protect the systems with which he gains access to the Platform by way of appropriate technical and organisational measures, and regularly review these measures to ensure that the Platform and the systems used by WOM for the Platform remain intact, in particular against attacks by unauthorised third parties, viruses, trojans or similar malware.

 

§ 9 Termination of the contract on permission for use, termination consequences and blocking access

(1) The contract on permission for use is entered into for an unlimited period. It may be terminated by the User or by WOM subject to a period of notice of one (1) month at any time. Notice of the termination must be given in writing (letter, fax or mail), while the date of sending (in the case of a letter proven by way of the post stamp) is authoritative for honouring the period. Where a Bidder exercises this termination right, the annual fee already paid by him shall not be reimbursed. If WOM terminates the contract on permission for use, WOM shall reimburse the Bidder for the annual fee on a pro rata temporis basis.

(2)  This does not affect the right to terminate for good cause. The right to terminate this contract on permission for use for good cause shall, in particular, be deemed given for WOM if the User, irrespective of a warning with setting of a reasonable period, violates key obligations of these General Terms and Conditions of Business and WOM, therefore, can no longer be expected to continue the contract on permission for use. In such a case, WOM does not undertake to reimburse the annual fee in accordance with § 8(1).

(3) Any termination shall be subject to the written or text form (e.g. e-mail, fax or letter) in order to be deemed valid.

(4) WOM is entitled to temporarily or permanently block the User’s access to the Platform if there are specific indications of the User violating or having violated these General Terms and Conditions of Business and/or valid law, or if WOM has another justified interest in the blocking (e.g. payment default by the User). In the case of deciding on blocking, WOM shall give reasonable consideration to the User's justified interests, and threaten the blocking in advance in writing by way of a reasonable run-up period. In an individual case, access to the Platform may also be blocked without a prior threat by WOM to safeguard the justified interests pursued by WOM by way of the blocking provided a prior threat is not necessary for statutory or other legal reasons. Blocking the access does not simultaneously apply as termination of the contract on permission for use. WOM can only maintain the blocking of access without termination for a reasonable period, at most three (3) months. WOM’s entitlement to payment of the agreed remuneration shall apply without change during the blocking. The User shall be entitled to have access restored once he has furnished proof that he has discontinued the use in breach of contract, and has prohibited future use in breach of contract.

 

§ 10 Liability

(1) WOM shall be liable without limitations in accordance with the statutory provisions to provide compensation for damage and expenses, irrespective on whichever legal grounds these are based, in the case of intent and gross negligence and also in the case of damage resulting from the loss of life, physical injury or detrimental effects on health and in the cases provided for in § 9(3).

(2) Otherwise, WOM shall only be liable in the case of minor negligence for damage resulting from the violation of a key contractual obligation (= an obligation that needs to be honoured to properly execute the contract on permission for use and on which the User usually can, and does, trust that this shall be the case). However, in such a case, WOM’s liability is limited to compensation of foreseeable and typical damage.

(3) The limitations on liability arising from the aforementioned paragraph shall furthermore not apply if WOM has fraudulently concealed a defect or if a warranty has been stated regarding the quality of the service that is the subject matter of contract or the existence of a performance success. The same applies to possible claims of the User in accordance with the German Product Liability Act or in the case of other urgent statutory liability facts.

(4) The aforementioned is not associated with a shift in the statutory regulations concerning the burden of proof.

 

§ 11 Data protection

(1) The User is responsible for complying with all relevant statutory data protection provisions, in particular the lawfulness of the data forwarding and data processing of personal data of his employees and the other data subjects in conjunction with use of the Platform. This also applies, in particular, to the forwarding of personal data of the vehicle owners or keepers to WOM and, where applicable, WOM Service GmbH, to render the services that are the subject matter of contract.

(2) Personal data of users of the Platform and of owners or keepers of vehicles traded on the Platform are collected, stored, processed and used by WOM if, to the extent that and as long as this is necessary to justify, execute or end the contract on permission for use. Further-reaching collection, storage, processing and use of personal data of the Users shall only apply provided a legal requirement necessitates or permits such action or the User has given his consent in that respect.

(3) The User is aware that the collection, processing and use, on the basis of Article 6(1) letter b) GDPR, inter alia of the names, addresses, e-mail addresses and other contact data of the contact persons of the Users and the owners or keepers of vehicles traded on the Platform are necessary to implement the pre-contractual measures and execute the contract entered into with the User. WOM is, in particular, entitled to forward to third parties the personal data of the Users and the names, addresses, e-mail addresses and other contact data of the owners or keepers of the of the vehicles traded on the Platform if and to the extent that this is necessary to implement pre-contractual measures and execute the contract (e.g. for invoicing or to render the WOM processing service (AWS)) in accordance with Article 6(1) letter b) GDPR or to honour a legal obligation within the meaning of Article 6(1) letter c) GDPR. WOM shall forward such data, as part of action that is permitted by law, to third parties (e.g. collection companies) under certain circumstances including for the purpose of implementing claims in line with Article 6(1) letter b) and/or f) GDPR. WOM shall, on request, gratuitously furnish the respective data subjects with information under the statutory preconditions about the stored personal data affecting the data subjects. Under the statutory preconditions, the respective data subject has the right to the rectification, erasure, restriction of processing or the forwarding of their data to a third party. In addition, the data subject has the right to lodge a complaint with a supervisory board. WOM is the body responsible for all data protection-related questions and for exercising the rights described above. The supervisory board primarily responsible for WOM is: The State Commissioner for Data Protection and Freedom of Information, Königstrasse 10 a, 70173 Stuttgart, Tel.: ++49 711/615541-0, e-mail: poststelle@lfdi.bwl.de.

(4) Further data protection information can be obtained from the WOM website under the “Data Protection” link.

 

§ 12 Amending the General Terms and Conditions of Business, final provisions

(1) In the event of changes to the law, amendments to court rulings or changes in the economic circumstances, WOM reserves the right to amend the General Terms and Conditions of Business in accordance with the following regulation in relation to the contract on permission for use entered into with the Users provided the key content of the contract on permission for use is not changed as a result for the equivalence relationship of the parties and the changes are acceptable. WOM shall notify the Users in writing of the amendments to the General Terms and Conditions of Business. If the Users do not inform WOM in writing or text form that they object within two (2) weeks following receipt of the notification, the amendment shall be deemed authorised and the amended version of the General Terms and Conditions of Business shall be authoritative for the existing contract on permission for use entered into by WOM and the User from such a time. WOM shall expressly draw this consequence to the Users in the case of providing notification of the amendments. In the event that a User does not accept the amendments, both WOM and the User shall be entitled to terminate the contract on permission for use with effect from the time at which the amendments were due to come into force.

(2) Amendments to and supplementary information regarding the contract on permission for use and other statements in conjunction with the contract on permission for use that trigger a legal consequence (e.g. setting periods and termination) shall be subject to the written or text form in order to be deemed valid. This also applies to amendments to or supplementary information regarding this form clause.

(3) In the event that a provision of these General Terms and Conditions of Business is or becomes wholly or partially void, or should the contract on permission for use, or its supplements, prove to contain a loophole, this shall not affect the validity of the other provisions.

(4) The contract on permission for use is subject to the law of the Federal Republic of Germany. The provisions of international private law and the UN Sales Law do not apply.

(5) WOM’s registered office in Karlsbad, Germany, is deemed the sole place of jurisdiction for all legal disputes of the parties resulting from or in conjunction with the contract on permission for use.

 

Status: May 2020