§ 1 General Provisions, Customer Group, Contract Language

(1) These General Terms and Conditions (hereinafter “GTC”) apply to the contracts concluded between you (hereinafter referred to as the customer) and us, Masso Cars & Co. UG (limited liability), represented by the managing director Marcel Jorge Masso Despaigne (hereinafter referred to as Masso Cars, we, or us).

(2) Information about Masso Cars can be found here ([https://massocars.de/impressum/](https://massocars.de/impressum/)).

(3) The service offerings of our online presence at https://massocars.de/ richtet sich ausschließlich an Verbraucher.

For the purposes of these General Terms and Conditions, a Consumer any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 German Civil Code) and

(3) The language available for the conclusion of the contract is exclusively German. Translations of these General Terms and Conditions into other languages are provided for your information only. In the event of any differences between the language versions, the German text shall prevail.

§ 2 Conclusion of the Contract

(1) The presentation of our services does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).

(2) Customers can book our services by phone or by email.

(3) The customer’s order constitutes a binding offer to conclude a service/agency agreement with Masso Cars & Co. for (i) assistance with the procurement of a motor vehicle in the USA as well as coordination of transport, port handling, and customs clearance, and (ii) coordination of homologation, registration, and delivery.
The contract is concluded only upon our acceptance, for example by order confirmation in text form (email) or by the start of the provision of services. If the customer places an order by phone or email, they will receive an email from Masso Cars confirming receipt of the order and listing the details of the order (order confirmation). This order confirmation does not yet constitute acceptance of the customer’s offer but merely informs the customer that their order has been received by the contractor.

(4) The service/agency agreement with the customer is concluded only when Masso Cars accepts the customer’s offer by email (declaration of acceptance). It is expressly clarified that Masso Cars is neither the owner nor the seller of the motor vehicle to be procured for the customer.

The customer has the opportunity to purchase motor vehicles via Copart (USA) or IAAI (USA).https://www.copart.com/) (https://www.iaai.com/). Masso Cars acts solely as a service provider and is authorized by the customer to submit binding purchase offers or bids on auction platforms. In the case of so-called dealersLink zu den Dealern) Masso Cars acts solely as an intermediary for negotiations, communication, and verification. The auction locations are distributed across the United States of America.

The customer is required to make an advance payment of 15% of the maximum bid authorized by the customer. The remaining purchase price must be paid by the customer within 24 hours after the conclusion of the contract to our American US dealer in order to meet the purchase deadline set by the auction platforms.

(5) Amendments and additions to the agreements made, including these General Terms and Conditions, must be in writing to be effective. Employees of Masso Cars are not authorized to make oral agreements that deviate from this. To satisfy the written form requirement, telecommunication transmission, in particular by email, is sufficient, provided that a copy of the signed declaration is transmitted.

(6) Masso Cars retains ownership or copyright of all offers and cost estimates submitted by it, as well as of illustrations, calculations, brochures, and other documents and materials provided to the customer. The customer may not make these items accessible to third parties, disclose them, use them, or reproduce them, either as such or in content, without the express consent of Masso Cars. At the request of Masso Cars, the customer must return these items in full and destroy any copies made if they are no longer required in the ordinary course of business or if negotiations do not result in the conclusion of a contract. Excluded from this is the electronic storage of provided data for the purpose of standard data backup.

(7) The contractual provisions containing details of the agreed services, including these General Terms and Conditions as well as the withdrawal instructions (insofar as a distance contract exists), will be provided to the customer directly or sent by email upon acceptance of the contractual offer or upon notification thereof. The contractual provisions are not stored by us.

(8) Any customer who is a consumer within the meaning of § 13 of the German Civil Code (BGB) is entitled to withdraw the offer in accordance with § 7.

§ 3 Subject of the Contract

(1) Masso Cars specializes in transparent and reliable US vehicle import services, from vehicle sourcing to EU registration.

Our service consists in particular of the following services (see in detail: https://massocars.de/process/:

– Customer inquiry and personal consultation

– Vehicle search in verified US networks (see under https://massocars.de/unterstutzung-bei-kauf-und-fahrzeugsuche/)

– Vehicle inspection and assisted purchase process (see under https://massocars.de/purchase-inspection/)

– Domestic and sea transport (see under https://massocars.de/transport-shipping/)

– Customs clearance (see under https://massocars.de/customs-clearance/)

– Homologation – adaptation to EU standards (see under https://massocars.de/eu-conversion/) und

– TÜV inspection and registration service (see under https://massocars.de/registration/).

(2) The customer decides which services are to be carried out by Masso Cars for a fee.

§ 4 Contract Duration and Execution

(1) The duration of the contract and the time of performance result from the specific agreements between us and the customer.

(2) Das Recht zur Kündigung des Vertrags aus wichtigem Grund bleibt hiervon unberührt. Ein wichtiger Grund für den Auftragnehmer liegt insbesondere vor, wenn

a) der Kunde sich einer wesentlichen, trotz Abmahnung fortgesetzten Vertragsverletzung schuldig macht oder

b) special circumstances exist which, after weighing the interests of both parties, make it unreasonable for us to continue the contractual relationship.

(3) Termination must be made in writing.

§ 5 Disruption / Force Majeure

(1) If we are hindered in carrying out an order due to circumstances of any kind, we will inform the customer in writing in due time. If the hindering circumstances are not attributable to us, the contracting parties will agree on an appropriate postponement of the agreed service. If timely written notification is not provided, we may not later rely on these circumstances.

If no agreement is reached between us and the customer, the customer is entitled to withdraw from the contract and any payments already made will be refunded.

(2) In cases of force majeure, the affected contracting party is released from the obligation to perform for the duration and to the extent of the effects.

Force majeure is any event outside the control of the respective contracting party that prevents it, in whole or in part, from fulfilling its obligations, including fire damage, floods, strikes and lawful lockouts, as well as operational disruptions not caused by it or official orders.

The affected contracting party will notify the other contracting party without delay of the occurrence as well as the end of the force majeure and will make every effort to remedy the force majeure and limit its effects as much as possible.

The contracting parties will coordinate on the further course of action in the event of force majeure and determine whether the services not performed during this time should be delivered after it ends. Regardless of this, each contracting party is entitled to withdraw from the affected orders if the force majeure continues for more than four weeks after the agreed performance date. The right of each contracting party to terminate the contract for good cause in the event of prolonged force majeure remains unaffected.

§ 6 Prices, Payment Terms, Information on Commission

(1) Unless otherwise specified, all amounts are in euros and include value-added tax. These are total prices.

(2) We offer the following payment methods:

– Invoice.

All claims become due after booking the service and upon receipt of the invoice and are payable without deduction. We reserve the right to exclude certain payment methods.

(3) In the event that the customer fails to make payment when due, the outstanding amounts shall bear interest from the due date at a rate of 5 percentage points above the base rate. The assertion of higher interest and further damages in the event of default remains unaffected.

(4) Masso Cars is entitled to provide outstanding services only against advance payment or security if, after the conclusion of the contract, circumstances become known to us that are likely to significantly reduce the customer’s creditworthiness and jeopardize the payment of Masso Cars’ outstanding claims by the customer under the respective contractual relationship.

(5) The customer is expressly informed and instructed that Masso Cars does not act as the seller, but as an intermediary to fulfill the customer’s procurement request. The purchase contract is concluded exclusively between the customer and the seller or owner of the motor vehicle.

If, as a result of our service, a purchase contract for a motor vehicle from the USA is concluded between the customer and the owner of the vehicle (seller), Masso Cars does not receive any brokerage commission from the seller.

§ 7 Right of Withdrawal

Bei außerhalb von Geschäftsräumen geschlossenen Verträgen und bei Fernabsatzverträgen steht Ihnen als Verbraucher ein Widerrufsrecht zu.

§ 8 Confidentiality

(1) The contracting parties undertake to treat all knowledge of confidential information and trade secrets (“trade secrets”) of the other contracting party obtained during the initiation and execution of the contract as strictly confidential for an unlimited period and to use it solely for the purposes of performing this contract. The trade secrets of Masso Cars also include the subject matter of the contract and the services provided under this contract.

(2) The above obligations do not apply to trade secrets that

a) were already publicly known or known to the other contracting party at the time of their disclosure by the contracting party;

b) became publicly known after their disclosure by the contracting party without any fault of the other contracting party;

c) were made accessible to the other contracting party by a third party in a lawful manner and without any restriction regarding confidentiality or use after their disclosure by the contracting party;

d) were independently developed by a contracting party without using the trade secrets of the other contracting party;

e) must be disclosed pursuant to law, official order, or court decision—provided that the disclosing party promptly informs the other contracting party and assists them in contesting such orders or decisions; or

f) insofar as the contracting party is permitted to use or disclose the trade secrets based on mandatory legal provisions or under this contract.

§ 9 Limitation of Liability

(1) We are only liable for damages caused by us or one of our vicarious agents or legal representatives intentionally or through gross negligence, or in the event of a culpable breach of an essential contractual obligation or cardinal duty, or in the case of non-fulfillment of a guarantee, or if a defect was fraudulently concealed by us.

A “cardinal duty” within the meaning of this provision is a duty of ours, the fulfillment of which makes the proper execution of the contractual relationship between the parties possible, the breach of which endangers the achievement of the contract’s purpose, and on which the customer regularly relies.

(2) In the event of a breach of an essential contractual obligation or cardinal duty due to simple negligence, our liability is limited to the typically foreseeable damage.

(3) Masso Cars assumes no liability for the conduct of auctions or sales processes taking place in the United States of America, for the condition of the motor vehicles, for the information provided on the auction platforms or by the US dealers, or for the scope or proper instruction regarding the customer’s right of withdrawal.

(4) The above exclusions and limitations of liability apply to the same extent in favor of the officers, legal representatives, employees, and other vicarious agents of Masso Cars.

(5) Any further liability on our part is excluded. The above exclusions of liability do not apply in the case of culpable injury to life, body, or health. Liability under the German Product Liability Act remains unaffected by these General Terms and Conditions.

(6) If damage is attributable both to our fault and to the fault of the customer, the customer must account for their contributory negligence.

(7) Data communication over the Internet cannot, according to the current state of technology, be guaranteed to be error-free and/or continuously available at all times. We are not liable for the constant and uninterrupted availability of our online presence in this regard.

§ 10 Data Protection

(1) As part of our quality standards, we are committed to handling customers’ personal data responsibly (hereinafter referred to as “personenbezogene Daten“personal data”) in a responsible manner. The personal data arising from the contractual relationship is therefore collected, stored, and processed by us only to the extent necessary for the proper performance of the contract and permitted or required by law. We will treat customers’ personal data confidentially in accordance with the provisions of applicable data protection law and will not disclose it to third parties.

(2) Furthermore, we use customers’ personal data only to the extent that the customer has given explicit consent. Consent granted by the customer may be revoked at any time.

(3) The customer is aware that, for the purpose of carrying out pre-contractual measures and fulfilling the contractual relationship, the collection, processing, and use of their name, consumer status, address, date of birth, and bank account details is necessary on the basis of Art. 6 para. 1 lit. b) GDPR.

(4) With regard to the customer’s personal data, we will comply with the applicable legal provisions, in particular the General Data Protection Regulation (GDPR).

(5) Otherwise, we refer to our privacy policy (link to the privacy policy).

§ 11 Final Provisions

(1) The contract between us and the customer is governed, subject to mandatory private international law provisions, by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. However, if the customer is a consumer and has their habitual residence in another country, they retain the protection under the relevant provisions of that country, from which no deviation may be agreed.

(3) If the customer is a merchant within the meaning of § 1 para. 1 HGB, a legal entity under public law, or a special fund under public law, the courts in Helgoland have exclusive jurisdiction for all disputes arising from or in connection with the respective contractual relationship. In all other cases, either we or the customer may bring an action before any court with statutory jurisdiction.

(3) If any provision of these General Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision shall be deemed agreed that comes closest to the economic intent of the parties.