- 1.1 Provider and framework. These Terms and Conditions (AGB) govern the contractual relationship between the provider identified in the Impressum and its clients. German law applies. The contract is drafted in English; in the event of translations, this English version shall prevail, without prejudice to the mandatory consumer protection rules that may apply.
- 1.2 Subjective scope (B2C/B2B). Services available to consumers (B2C) and to businesses (B2B). In B2C, mandatory consumer law shall apply in any case. B2B rates may differ and are provided upon request (WhatsApp, email or Contact).
- 1.3 Effective date. These AGB apply to orders/assignments accepted from 11.11.2025 onwards.
- 1.4 Nature and limits of the services. The provider does not sell vehicles, is not a dealer and does not act on behalf of the seller; does not hold client funds and does not guarantee the acceptance of offers or discounts by third parties. It acts exclusively on behalf of the client in a technical/operational capacity. The services may include:
- a) Technical inspection on site in Germany (visual inspection; road test only if authorised and safe; OBD diagnostics with the technical limits of the manufacturer/modules).
- b) Obtaining and analysing information when the seller provides it (history, invoices, etc.).
- c) Operational negotiation with the seller.
- d) Processing of German temporary or export plates where applicable.
- e) Coordination of transport Germany to Spain.
- f) Assistance with registration in Spain through coordination with external registration agencies (third party fees and costs borne by the client).
- g) Purchase and documentation management, informative translation and practical non legal advice.
The Reports (text, photos, videos, diagnostics) are informative for decision making and do not constitute a condition warranty nor do they replace official inspections.
- 1.5 Territorial coverage. The inspection is performed in Germany, with exclusions: Berlin, Hamburg and Leipzig and, in general, locations exceeding 450 km from the operational base, unless previously agreed in writing. Transport coordination is generally limited to Germany to Spain. Registration assistance is provided in Spain, excluding the Basque Country and Navarre, unless a specific quote/registration agency is arranged. Public holidays in Germany or holiday periods may extend timeframes.
- 1.6 Uncontrollable risks. The client acknowledges the existence of factors that are not reasonably controllable, including hidden defects not detectable without disassembly, diagnostic limitations and absence of a lift, as well as mileage tampering or external incidents (authorities, strikes, weather, traffic). For the technical scope and its limits, sections 4.12 and 8.5 apply.
- 1.7 Communications. Email, telephone and WhatsApp are authorised for contractual communications (requests, confirmations, reports, incidents). The client shall keep their contact details up to date and check spam folders. Contracting and communications may be documented by email or messaging (without advanced electronic signature or web “checkbox”).
- 1.8 Capacity, representation and truthfulness. The client declares to be of legal age and to have legal capacity. Orders placed by representatives require sufficient accreditation. The client guarantees the truthfulness of the data provided and shall supply the necessary documentation (ID/NIE/NIF, tax address and, where applicable, authorisation).
- 1.9 Relationship with other pages on the site. The description of current services and rates is completed at Services and Prices. Data processing is regulated in the Privacy Policy and Cookies.
- 1.10 Document hierarchy. In the event of conflict: (i) the specific written agreement/order (incl. email/WhatsApp) shall prevail over (ii) these AGB, which in turn shall prevail over (iii) informative content on the website.
- 1.11 Particular conditions. For a specific assignment, the parties may agree in writing (incl. email/WhatsApp) particular conditions that modify or complement these AGB (e.g. extending coverage, extra steps or specific requirements).
- 1.12 Legal nature of the assignment (Dienstvertrag). Unless otherwise agreed in writing, CMA’s Services have the nature of professional services (Dienstvertrag) under German law: CMA undertakes to act diligently and in a technically correct manner, but not to achieve a specific result (e.g. guaranteed discount, closed purchase or approval in official inspections).
- 2.1 Provider identity. The provider is the entity identified in the Impressum, operating under the trade name “CMA Group | Auto Trade & Consulting” and the brand “Check mein Auto”. The reachable address in Germany, as well as tax data and other mandatory information, are set out in the Impressum.
- 2.2 Valid contact channels.
- 2.3 Preferred channel and record. To ensure traceability and proof of communications, email is established as the preferred channel. WhatsApp is a valid contractual channel and may be used for appointment requests, confirmations and delivery of reports when operationally appropriate.
- 2.4 Indicative response time. WhatsApp enquiries are answered, as a guideline, within 24 to 48 working hours.
- 2.5 Tax data and registrations. The applicable tax regime (Kleinunternehmer § 19 UStG) and, where applicable, the USt IdNr. are set out in the Impressum.
For the purposes of these AGB:
- 3.1 CMA: the service provider, “CMA Group | Auto Trade & Consulting”, operating under the brand “Check mein Auto”.
- 3.2 Client: any natural or legal person who contracts CMA’s services, whether as a consumer (B2C) or a business (B2B), including their authorised representatives.
- 3.3 Services: the set of services described in Section 1 and at Services.
- 3.4 Report: an informative deliverable composed of text, photographs, videos and, where applicable, OBD diagnostic results. It does not constitute a condition warranty nor does it replace official inspections.
- 3.5 Third parties: sellers or dealerships, auction houses, transport companies, registration agencies, workshops, experts/laboratories and authorities (traffic, customs, etc.).
- 3.6 Order / Assignment: (a) written acceptance (email/WhatsApp) of a proposal/quote; or (b) payment relating to such proposal (acceptance by conclusive act), without prejudice to written confirmation by CMA.
- 3.7 Working day: Monday to Friday in accordance with the working calendar of Baden Württemberg (Germany), excluding official public holidays.
- 3.8 Excluded Zones: Berlin, Hamburg and Leipzig and, as a general rule, locations > 450 km from the operational base, unless otherwise agreed in writing.
- 3.9 Road Test: short drive authorised by the seller and performed only when safe conditions are met (vehicle, environment, weather and plates/insurance).
- 3.10 Lift / Visual Underbody Inspection: lifting platform; or ground level inspection when access to a lift is not available.
- 3.11 OBD Diagnostics: reading of codes and parameters with compatible tools, subject to manufacturer blocks, inaccessible modules and other technical limits.
- 3.12 B2C Prices / B2B Prices: “B2C Prices” = Prices; “B2B Prices” = custom rates upon request.
- 3.13 Site Content: informative pages of the website, which do not alter these AGB unless otherwise agreed in writing.
- 3.14 Force Majeure: events beyond reasonable control (authorities, strikes, severe weather, power/telecommunications outages, pandemics, conflicts, legal restrictions, etc.).
- 3.15 Client Documentation: identification and tax data (ID/NIE/NIF, tax address), necessary authorisations and other indispensable documentation.
- 4.1 Service delivery and packages. Services can be contracted separately or through packages published at Prices. If the Client has already contacted/negotiated with the seller, Inspection + Report is offered independently, without the possibility of contracting a package.
- 4.2 Negotiation and variable fees (25%). When CMA carries out additional negotiation after the inspection and obtains an improvement over the current listing price (discount or valuable in kind improvements), the Client shall pay CMA 25% of the total savings achieved. Applicable criteria:
- Reference price: the listing price on the date of CMA’s first communication with the seller after the assignment. If the seller changes the price afterwards, the reference price documented by CMA (screenshot/email) shall prevail.
- Proof of reference price: CMA shall keep a screenshot, URL and/or email of the listing price on that date. If the listing is modified/withdrawn, the evidence kept by CMA shall prevail.
- In kind improvements: reasonable and objective valuation (seller’s quotes/invoices or market references). The Client shall provide the necessary documentation.
- Accrual: when the sale is formalised with the seller (signature and/or deposit payment).
- Independence: the fee is independent of the base prices and does not guarantee a minimum outcome.
- Anti circumvention: the fee shall accrue equally if:
- (i) the Client purchases the vehicle applying the conditions negotiated by CMA without paying the variable fee; or
- (ii) within 30 days of CMA’s last proposal, the Client formalises with the same seller (or linked entity) a transaction substantially equivalent to the one negotiated by CMA.
Examples:
- Listing €10,000 → closing €8,500 → variable fee: 25% of €1,500.
- Client negotiates €9,000; CMA closes at €8,500 → variable fee: 25% of €1,500 (10,000 to 8,500).
- Closing €9,500 + improvements valued at €700 → variable fee: 25% of €1,200 (500 + 700).
- 4.3 Service start (no guided search). CMA begins its intervention when the Client sends a specific vehicle listing. Guided search or pre filtering is not offered.
- 4.4 Interaction language. CMA communicates with sellers/third parties in German and/or English and/or Spanish as appropriate and delivers the Report in Spanish.
- 4.5 Communication record. CMA may keep summaries of communications with sellers and third parties for traceability purposes.
- 4.6 Inspection + Report.
- a) Scope: interior/exterior visual inspection; paint thickness gauge; endoscope; measurement of brake fluid condition; measurement of tyre tread depth; UV light to check for leaks; road test 10 to 30 min if authorised and safe; OBD diagnostics subject to technical limitations (manufacturer blocks, inaccessible modules, restricted data).
- b) Visual material: indicative target of ≥ 100 photos/videos when feasible.
- c) Delivery: PDF + media folder via shared link.
- d) Informative nature: the Report does not include buying recommendations; it is informative, does not guarantee condition and does not replace TÜV/DEKRA/ITV.
- 4.7 Negotiation. Preferably on site after the inspection; subsequently, at the Client’s request, a final counteroffer may be added. CMA does not guarantee results or acceptance by the seller.
- 4.8 Transport (Germany to Spain).
- a) Role: quotation and coordination; transport contract entered into by the Client with the transport company, managed through CMA.
- b) Insurance/liability: coverage and limits in accordance with CMR/transport company conditions.
- c) Logistics: door to door when possible; otherwise, transport company logistics bases.
- 4.9 Temporary plates (Kurzzeit/Export). Processing subject to Zulassungsstelle and insurer requirements. Third party fees borne by the Client.
- 4.10 Registration in Spain (coordination). CMA coordinates with external registration agencies; the Client contracts and pays fees/taxes/ITV directly, unless otherwise agreed. Scope: Spain excluding the Basque Country and Navarre (quote possible).
- 4.11 Indicative timeframes, rescheduling and urgencies.
- a) Appointment: target confirmation ≤ 5 working days, subject to availability.
- b) Report: target ≤ 24 h from the inspection.
- c) Subsequent logistics (indicative): collection in Germany 10 to 15 days; registration 2 to 5 days; registered transport 3 to 5 days from registration. Not binding and dependent on third parties.
- d) Public holidays/vacations may extend timeframes.
- e) Operational rescheduling: if the rescheduling is attributable to the Client, a 50% fee shall apply on the affected service (7.11) and, where applicable, the travel already incurred (5.3). If attributable to third parties or force majeure, it will be rescheduled without penalty (12), adjusting only non recoverable third party costs.
- f) No exclusivity with sellers: CMA cannot guarantee the availability of the vehicle, subject to the seller’s policy (sale to third parties, reservations, deposits).
- 4.12 Limitations and exclusions.
- a) No disassembly/repairs. No disassembly, repairs, destructive tests or ECU programming are performed.
- b) No lift: if there is none, visual underbody inspection from the ground, with limits (hidden corrosion, mild leaks in covered areas, thickness in non visible parts).
- c) No brokerage/custody: CMA does not act as a broker, does not hold vehicles or funds. Exception: coordination of transfer once paid and in the buyer’s name.
- 4.13 Subcontracting, third parties and payments.
- a) CMA may subcontract (transport companies, registration agencies, workshops/experts, etc.), while maintaining coordination.
- b) As a general rule, the Client contracts and pays third parties directly; CMA handles documentation and requirements to avoid multiple contacts.
- c) Authorisations: the Client authorises CMA to communicate on their behalf with seller/third parties only for operational purposes of the assignment.
- 4.14 Zones, surcharges and exceptions. In Berlin, Hamburg, Leipzig or at > 450 km, the service requires prior written consultation and may involve surcharges and/or rejection of the assignment.
- 4.15 Additional travel. Second visits or other assistance are invoiced separately according to location and conditions.
- 4.16 Use of material and image (prior to purchase). Material generated before the vehicle becomes the Client’s property may be used for corporate and marketing purposes (including social media and examples), with safeguards:
- a) Strict anonymisation: no faces, names, full number plates, VIN, documents, addresses; EXIF removal; no exact locations.
- b) No association with the Client unless express consent is given.
- c) Respect for prohibitions from the establishment.
- d) Right to object: if the Client objects in writing, CMA will not use material in which the vehicle of the assignment could reasonably be identified.
- 4.17 Report usage rights. Personal use for decision making and associated procedures. Public or commercial dissemination is prohibited without CMA’s authorisation.
- 4.18 Operational customer service and contact. WhatsApp SLA 24 to 48 working hours. Urgencies offered by sellers subject to availability.
- 6.1 Scope and period (B2C only). In B2C distance selling, legal right of withdrawal 14 days from the conclusion of the contract. Does not apply to B2B.
- 6.2 How to withdraw (channels and record). Withdrawal by unequivocal declaration via email to info@checkmeinauto.com or by WhatsApp to the number indicated, considered received when reliable proof of delivery exists. Please indicate: name, address, order date, service and the declaration of withdrawal.
- 6.3 Early start and loss of the right.
- a) At express request (email/WhatsApp), CMA may begin before 14 days.
- b) If withdrawal occurs after the start, the Client shall pay a proportional amount.
- c) The right is lost if the service is completed with express consent and after having been informed.
Suggested text: “I request that CMA begin the provision of the service before the end of my 14 day legal withdrawal period. I understand that, if I withdraw after the start, I will pay the proportional part already executed and that I will lose the right if the service is completed.”
- 6.4 Proportionality (indicative matrix).
- A) Administrative start (file opening, planning, contact with seller): 25% of the Inspection price.
- B) Appointment scheduled and withdrawal with > 12 working hours: 50%.
- C) Withdrawal with ≤ 12 working hours, travel not yet started: 70%.
- D) Technician in transit or at the meeting point (without starting the inspection): 85% + travel (5.3).
- E) Inspection started (any work on the vehicle, incl. diagnostics or taking images): 100% of the Inspection price (if the Report has not been generated, reduction up to 10%).
In all cases, non refundable third party costs (plates/insurance, fees, appointments, etc.) are not refunded.
- 6.5 Refunds. Where applicable, refund within ≤ 14 days by the same means, deducting proportional amount (6.4) and non refundable third party costs.
- 6.6 Model form (German). (The standard text is kept; it may also be used in Spanish.)
- 6.7 Operational cancellations outside withdrawal (B2C/B2B).
- a) Seller failure after travel: full travel + 50% of the Inspection price (5.9).
- b) Client cancellation with short notice (< 24 h): retention of 75% (5.9).
- c) Third party procedures started (plates/insurance/transport): non refundable.
- 6.8 Rescheduling by CMA. Possible due to external causes or force majeure, with notice and without penalty.
- 6.9 Record and evidence. CMA shall keep reasonable evidence of start/execution (appointments, routes, diagnostic records, timestamped photos/videos).
- 6.10 Language. Drafted in Spanish; informative notes in German/English do not alter its interpretation.
- 8.1 Format and delivery channel. Report in PDF + media folder (photographs and, where applicable, videos) via shared link. Email as preferred channel; WhatsApp for notifications/link.
- 8.2 Indicative timeframe. Target delivery ≤ 24 h from the inspection. Indicative and non binding timeframe.
- 8.3 Link availability. Link available for 7 days from sending. After that period, files may be re requested within the retention policy (8.7).
- 8.4 Report content. Technical checklist, OBD readings/diagnostics, observations and visual material (target ≥ 100 photos/videos when feasible). Purely informative Report: it does not contain purchase recommendations.
- 8.5 Technical scope and limitations. The Report does not replace official inspections (TÜV/DEKRA/ITV) nor does it guarantee condition. OBD subject to technical limitations (blocks, inaccessible modules). Without a lift, visual underbody inspection (4.12.b).
- 8.6 Intellectual property and usage licence. CMA retains intellectual property rights over the Report and visual material. It grants the Client a personal, non exclusive, non transferable and limited licence for the purchase decision and associated procedures. Publication/assignment/dissemination/resale is prohibited without authorisation.
- 8.7 Retention and re delivery. Backup copy for 6 months from delivery. Within that period: first issue free of charge; from the second onwards, fee of €49. After 6 months, CMA may securely delete the files.
- 8.8 Corporate use of material (reference to 4.16). Material prior to purchase may be used for corporate/marketing purposes in accordance with 4.16.
- 8.9 Sharing with necessary third parties. CMA may share strictly necessary extracts/data with involved third parties (transport companies, registration agencies, workshops/experts, authorities) to execute the Services, maintaining confidentiality.
- 8.10 Material errors, technical evidence and support. If the Client detects a material error, they may request an erratum/correction within ≤ 7 days from delivery; CMA shall perform it free of charge. Changes outside that period or requiring new inspection/additional information may be quoted separately.
- 8.11 Temporary snapshot. The Report reflects the condition on the inspection date. CMA is not liable for subsequent changes (use, damage, weather, storage, OTA updates, etc.).
- 8.12 Right of retention for non payment. CMA may retain delivery of the Report/files until full and valid payment of the accrued amounts.
- 9.1 Informative nature. The Report/material is informative; it does not guarantee present/future condition nor absence of hidden defects. The purchase decision belongs to the Client.
- 9.2 Technical scope and references. Visual material may be affected by light/environment/compression/weather. The technical limitations of OBD and the absence of a lift are as described in 4.12 and 8.5.
- 9.3 Third parties and documentation. CMA is not liable for breaches or damages attributable to sellers, transport companies, registration agencies, workshops/experts, authorities or ITV/TÜV, nor for the truthfulness/completeness of third party documents. Documentary review is limited to a reasonable consistency check.
- 9.4 Liability regime (AGB).
- a) Intentional damage or gross negligence: according to law.
- b) Damages to life, bodily integrity or health: according to law.
- c) Slight negligence: only for breach of essential obligations, limited to typical and foreseeable damages.
- d) Excluding: ProdHaftG, fraudulent concealment and express warranties.
- e) Other slight negligence: excluded.
- 9.5 Quantitative limit (slight negligence). In the case of 9.4.c, liability is additionally limited to the total amount actually paid for the service giving rise to the claim (limit per incident). Does not apply to 9.4.b to d.
- 9.6 Indirect damages. As far as the law permits and except as provided in 9.4, no liability for loss of profit, loss of opportunity/value, immobilisation, financial costs or other indirect damages.
- 9.7 Road test. Only if authorised and safe; short route and prudent driving. CMA is not liable for pre existing faults that become apparent during normal driving.
- 9.8 Force majeure and external causes. No liability for delays/non performance due to force majeure or external causes (12). Timeframes are suspended during the incident.
- 9.9 Report claims. Notification by email to info@checkmeinauto.com within ≤ 14 calendar days from delivery (without prejudice to mandatory B2C rights), describing facts/date and, where possible, evidence.
- 9.10 Corrections. Upon verification of material error, erratum free of charge (8.10). Discrepancies requiring new inspection/unavailable data may be quoted.
- 9.11 Updates and subsequent changes. OTA updates, resets, repairs or subsequent interventions may alter the condition and are outside CMA’s scope. The Report is a temporary snapshot (8.11).
- 10.1 Ownership of the site and content. The site and its content belong to CMA or its licensors. All rights not expressly granted are reserved.
- 10.2 Site usage licence (limited). Non exclusive, revocable and non transferable licence for personal and non commercial use. Copying, modifying, translating, reverse engineering, decompiling, mass data extraction, scraping, unauthorised framing/embedding or redistribution without written permission is prohibited.
- 10.3 Use of photographs and videos on the site. Their reuse/dissemination is prohibited without written permission. Independent of the rules for inspection material (4.16 and 8.8).
- 10.4 Trademarks and distinctive signs. “Check mein Auto”, “CMA”, “CMA Group | Auto Trade & Consulting” and logos are protected and are not licensed except with written authorisation. Third party trademarks are used for identification purposes.
- 10.5 External links and third party integrations.
- a) Links to third parties: informative purpose; outside CMA’s control; no liability for such sites.
- b) Integrations (maps, videos, widgets): subject to third party terms and cookies.
- c) Commercial references: do not imply sponsorship/recommendation unless expressly stated.
- 10.6 Content provided by the client. The Client warrants ownership or sufficient licence over the material submitted and that it does not infringe third party rights. Grants CMA a limited, non exclusive and non sublicensable licence to use it solely for the purpose of providing the Services.
- 10.7 Notification and removal. Incidents: info@checkmeinauto.com. CMA shall review and, where appropriate, remove/block content.
- 10.8 Protection and blocking measures. CMA may limit/block access to content that infringes rights or breaches conditions, and adopt reasonable technical measures against bots/scraping, improper loads or data extraction/redistribution.
- 10.9 Testimonials, reviews and screenshots. If the Client publishes reviews/screenshots on public platforms, CMA may quote extracts in an anonymised form as testimonials, without linking identity unless express permission is given.
- 11.1 Controller and governing documents. Controller: indicated in Impressum. The Privacy Policy contains purposes, legal bases, recipients, timeframes, transfers and rights; it prevails over these AGB on data matters. Cookies: Cookie Policy.
- 11.2 Purposes and legal bases. (i) Management of the assignment; (ii) invoicing and accounting; (iii) post delivery support and re deliveries; (iv) fraud prevention/security; (v) marketing with anonymised material (4.16 and 8.8). Bases: art. 6.1.b GDPR, 6.1.f (legitimate interest) and 6.1.c (legal obligations).
- 11.3 Operational channels (incl. WhatsApp). Communication by email and WhatsApp (art. 6.1.b and 6.1.f). WhatsApp subject to its terms/policies. The Client shall keep data updated and check spam (2.3 and 7.10).
- 11.4 Data and retention. Identification/contact data; vehicle/listing data; communications with the seller; technical material (photos, videos, OBD); invoicing data. Retention: files/Report 6 months (8.7); tax documentation according to German law (e.g. up to 10 years). Details in Privacy Policy.
- 11.5 Processors and transfers. Processors (hosting, email, cloud, document management); transfer to necessary third parties (transport companies, registration agencies, workshops/experts, authorities) to the extent indispensable. Possible international transfers (e.g. cloud/WhatsApp outside the EEA) with safeguards as per Privacy Policy.
- 11.6 Cookies and analytics. Banner with accept/reject/settings; categories (technical, analytics, marketing); tools with prior consent for non technical cookies and anonymised IP where appropriate. Embeds (Google Maps/YouTube) with consent or according to policy.
- 11.7 Rights. Access, rectification, erasure, objection, restriction, portability and complaint to the German supervisory authority. Channel: info@checkmeinauto.com.
- 11.8 Commercial communications. Sent via email/WhatsApp subject to prior consent (opt in), with opt out in each sending. For previous clients, similar communications in accordance with § 7 UWG (Germany), with option to object.
- 11.9 Security and traceability. Technical/organisational measures appropriate to the risk (access control, encryption in transit where appropriate, minimisation, need to know). Retention of execution evidence (appointments, routes, OBD logs, timestamped photos/videos) on grounds of legitimate interest for traceability and defence of claims.
- 11.10 Translations and document validity. Translations provided by CMA are informative in nature. When a sworn or expert translation is required for procedures in Spain or other countries, it shall be performed by a specialised third party, with cost borne by the Client, subject to prior acceptance of a quote.
- 12.1 Definition. Force Majeure: extraordinary, unforeseeable or unavoidable events that prevent or make execution disproportionately burdensome (authorities, strikes, generalised disruptions, massive platform failures, severe weather, natural disasters, epidemics/pandemics, conflicts, legal restrictions).
- 12.2 Comparable external causes. Similar effects for seller unavailability, third party blocks, closures/saturation of Zulassungsstelle or other authorities, transport company delays/incidents, road jams/closures or other external disruptions.
- 12.3 Effects. Affected obligations suspended; deadlines extended by the duration of the incident, without penalty. Coordination of new reasonable date/plan.
- 12.4 Termination for prolongation. If the situation prevents execution for > 30 continuous calendar days, either party may terminate for the non executed part, settling incurred costs and services provided (including matrix 6.4).
- 12.5 Payments and third parties. FM or external cause does not affect payments already accrued nor third party costs already committed/incurred.
- 12.6 Procedure and communication. The affected party shall inform the other as soon as possible and through verifiable means (preferably email), indicating scope and estimated duration. To terminate under 12.4, the Client shall notify by email to info@checkmeinauto.com.
- 12.7 Operational priority. Once the situation has been overcome, CMA may prioritise rescheduling according to seniority, feasibility and operational criteria, without liability for loss of opportunity or indirect damages due to subsequent saturation.
- 13.1 Applicable law. These Conditions are governed by German law.
- 13.2 Consumers (safeguard). The mandatory rules of the State of residence of the consumer that grant greater protection are not affected.
- 13.3 Jurisdiction and venue.
- a) B2B: courts of Germany, preferably Karlsruhe (Baden Württemberg).
- b) B2C: courts of the consumer’s domicile or, if applicable law permits, courts of Germany.
- 13.4 Place of performance (Erfüllungsort). For B2B and, in general, for the performance, Germany (CMA’s domicile).
- 13.5 Limitation period (B2B). Without prejudice to cases not limitable by law (in particular 9.4.b to d) and except in cases of wilful misconduct, contractual claims arising from the Services shall be time barred, for B2B, within 12 months from the delivery of the Report or the completion of the corresponding service. This limit does not apply to B2C.
- 13.6 Language. Contract in Spanish; in the event of versions, the Spanish version shall prevail.
- 14.1 Complaints channel. info@checkmeinauto.com.
- 14.2 Response times. Acknowledgement of receipt within 24 to 48 working hours and reasoned response within ≤ 14 working days, except in cases of special complexity or dependence on third parties.
- 14.3 Internal escalation. Possible second internal review (“review by manager”) within ≤ 7 days from the response.
- 14.4 ODR Platform (EU) and VSBG notice. The consumer may contact the European Commission ODR Platform. CMA is neither obliged nor committed to participate in proceedings before a consumer arbitration board (VSBG), unless expressly agreed.
- 14.5 Voluntary mediation. The parties may agree to mediation (B2C/B2B), without prejudice to the competent courts.
- 14.6 Data in complaints. Processing limited to what is necessary to verify facts and respond (Section 11).
- 15.1 Amendment of AGB. CMA may update these conditions with future effect (without retroactivity). If it affects open assignments, notice shall be given; orders already accepted are governed by the version in force at their acceptance, unless there is an objective improvement for the Client or legal imposition.
- 15.2 Severability. The nullity/ineffectiveness of a clause does not affect the rest; it shall be replaced by another valid one that fulfils the purpose.
- 15.3 Assignment and subcontracting. CMA may subcontract or entrust third parties with parts of the service (4.13/5.5). The assignment of the contractual relationship as a whole shall require, when the law so requires, the Client’s consent.
- 15.4 Non waiver. Tolerance or non exercise of a right by CMA does not imply future waiver.
- 15.5 Electronic communications. Notifications by email and WhatsApp shall have contractual effect, unless a different form is legally required. The Client shall keep their contact details updated and check spam.
- 15.6 Contractual integrity. These Conditions, together with the accepted quote/assignment order and the referenced site pages, form the complete framework between the parties. In the event of conflict, the particular conditions of the specific assignment shall prevail.
- 15.7 Survival. Sections 4.16 to 4.17, 5, 6.4 to 6.7, 8, 9, 11, 13 to 15 shall survive termination or execution of the contract as applicable.
