§ 1 Scope of Application
(1) These General Terms and Conditions apply to all contracts concluded between CITO GmbH, Jungfrauenthal 8, 20149 Hamburg, hereinafter DIAVAG, and its clients regarding the preparation of expert appraisals, valuations, battery diagnostics and comparable services.
(2) A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
(3) Deviating, conflicting or supplementary general terms and conditions of the client shall become part of the contract only if and to the extent that DIAVAG has expressly agreed to their application in writing.
§ 2 Description of Services
(1) DIAVAG provides mobile, independent appraisals for various asset classes, in particular for passenger cars including electric vehicles, boats and yachts, construction and agricultural machinery, cargo bikes and electric scooters, as well as for home storage and wallbox systems.
(2) The precise scope of services results from the respective product booked and from the order confirmation. Where appointments are agreed, these shall be deemed non-binding preferred dates unless expressly confirmed otherwise in writing.
(3) The appraisals are prepared to the best of our knowledge, in accordance with the recognized rules of technology and the measurement and analysis methods available on the day of the appraisal. They constitute a professional assessment of the condition of the appraised item at the time of inspection.
§ 3 Conclusion of Contract
(1) The presentation of services on the website diavag.com does not constitute a binding offer, but rather an invitation to submit an offer.
(2) By submitting the online form, an e-mail to info@diavag.com or a comparable order, the client submits a binding offer to conclude a contract.
(3) The contract is concluded as soon as DIAVAG accepts the offer by means of an order confirmation in text form or commences performance of the service.
§ 4 Prices and Payment Terms
(1) The prices for the standard products result from the price overview valid at the time the contract is concluded. The fixed prices applicable in each case are communicated prior to conclusion of the contract and depend on the service commissioned. They are inclusive of statutory value added tax.
(2) Any additional travel costs, special services or individual order scopes will be transparently disclosed and separately agreed prior to conclusion of the contract.
(3) Payment is generally made via the payment service provider Stripe Payments Europe, Ltd. Available methods include, among others, credit card, SEPA direct debit, instant bank transfer and, where applicable, further methods supported by Stripe. For business customers, purchase on account is also possible subject to individual arrangement; in this case the invoice amount is due within 14 days of the invoice date without deduction.
(4) In the event of default in payment, DIAVAG is entitled to charge default interest at the statutory rate. The right to assert further damages remains reserved.
§ 5 Appointments, Duties to Cooperate and Withdrawal
(1) The client warrants that the item to be appraised is available and accessible at the agreed time and place. Necessary keys, access credentials, on-board diagnostic interfaces or charging cables are to be provided.
(2) If an appointment is cancelled or postponed by the client later than 24 hours before the agreed start, or if the appraisal cannot be carried out for reasons for which the client is responsible, DIAVAG is entitled to charge a flat-rate expense fee inclusive of value added tax. The client's right to provide evidence of a lesser loss remains unaffected.
(3) DIAVAG is entitled to postpone an appointment for good cause, for example force majeure or the illness-related absence of the appraiser. In such a case, the parties shall promptly agree on a replacement appointment.
§ 6 Right of Withdrawal for Consumers
(1) In the case of contracts concluded by means of distance selling or off business premises, consumers have a statutory right of withdrawal.
Withdrawal Instructions
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the contract is concluded.
To exercise your right of withdrawal, you must inform us, CITO Holding GmbH, Jungfrauenthal 8, 20149 Hamburg, e-mail: info@diavag.com, of your decision to withdraw from this contract by means of a clear statement. You may use an informal notice in text form for this purpose.
To comply with the withdrawal period, it is sufficient that you send the notice concerning the exercise of the right of withdrawal before the withdrawal period expires.
(2) If you withdraw from this contract, we shall reimburse you for all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal.
(3) The right of withdrawal expires prematurely if, in the case of a service, the contract has been fully performed by us after you have expressly consented to us commencing performance of the service before expiry of the withdrawal period and have confirmed your knowledge that, by giving your consent, you lose your right of withdrawal upon commencement of performance of the contract.
§ 7 Warranty
(1) The statutory warranty provisions apply to the services rendered by DIAVAG.
(2) If the client is an entrepreneur, the limitation period for warranty claims is one year from delivery of the appraisal, unless mandatory statutory provisions prescribe a longer period.
§ 8 Liability
(1) DIAVAG is liable without limitation for damages arising from injury to life, body or health that are based on a negligent or intentional breach of duty, as well as for other damages based on an intentional or grossly negligent breach of duty.
(2) In the event of a breach of material contractual obligations, the fulfilment of which is essential to the proper performance of the contract and on whose observance the client may regularly rely, DIAVAG is also liable in cases of simple negligence, but limited in amount to the typically foreseeable damage.
(3) Any liability beyond this is excluded. Liability under the Product Liability Act and arising from an expressly assumed guarantee remains unaffected.
(4) The appraisals reflect the condition of the item at the time of the appraisal. DIAVAG is not liable for changes in value, defects or damages that occur after the appraisal or that were hidden without any discernible indications.
§ 9 Data Protection
DIAVAG processes personal data exclusively within the framework of the statutory provisions. Details can be found in our Privacy Policy.
§ 10 Dispute Resolution
The European Commission provides a platform for online dispute resolution at ec.europa.eu/consumers/odr. DIAVAG is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 11 Final Provisions
(1) All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
(2) The exclusive place of jurisdiction for all disputes arising from this contract is Hamburg, provided that the client is a merchant, a legal entity under public law or a special fund under public law.
(3) Should individual provisions of this contract be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby.