Terms & Conditions

Terms & conditions

www.onemillioncar.com

June 2013

 

§ 1 Basic Regulations

(1) The following conditions apply to all contracts between onemillioncar, owned by Mr. Tayfur Alkoyak, Winterstr. 3, 81543 Munich – hereinafter referred to as onemillioncar – and the customer who will be concluded on the website www.onemillioncar.com. Unless otherwise agreed, the inclusion of the customer’s own terms will be contradicted should the customer act commercially and use their own terms and conditions.

 

(2) Consumer in terms of the following rules shall mean any natural person who concludes a legal transaction for a purpose to which neither commercial nor self-employment can be attributed. Contractor is any natural or legal person or a legal partnership for which the conclusion of a contract is part of their professional or commercial activities. Unless otherwise specified, the following Terms and Conditions apply for consumers and contractors.

 

(3) The contract language is German and English. The full text of the contract will not been stored by onemillioncar. Before submitting the order via the online shopping cart system, the contract data can printed using the print function of the browser or saved electronically. After receipt of the order by onemillioncar, the order data, the statutory information for distance contracts and the general terms and conditions will be sent the customer again by e-mail.

 

§ 2 Object of the Contract

The object of the contract is the provision of rental space on a car. The details, in particular the essential features of the rented and the scope of renting, can be found in the specification and in the supplementary data on the website www.onemillioncar.com. In particular, the specification contains, for the particular space, information of the size of rented space and the location of rented space.

 

§ 3 Conclusion of Contract

(1) The service specifications of onemillioncar on the internet are non-binding and do not constitute a binding offer to conclude a contract.

 

(2) The customer can make a binding offer (order) via the online ordering system.

 

Here, the selected rental package is clicked. The customer is then prompted to enter their data. After entering the required information, marked as such, the customer can place the binding offer to conclude a contract on onemillioncar by clicking the submit button “buy”.

 

Before submitting the order, the customer can also check all the details once again, change them (using the “back” button on the internet browser) or cancel the order.

 

The customer receives an initial automated email about the receipt of his order, which does not lead to the conclusion of the contract.

 

(3) The customer’s offer (and therefore the contract) is accepted when a written confirmation is sent (e.g. via e-mail), in which the customer confirms the order processing. If the customer does not receive an explicit confirmation of the conclusion of contract within 15 days, he is no longer bound to his order. Payments already made will be refunded immediately where applicable.

 

(4) The execution of the order and submission of all information related to the required contract is sent by partially automated e-mail. The customer must therefore ensure that the e-mail address he provides to onemillioncar is correct, that the email account is able to receive emails and receipt is not prevented by spam filters.

 

§ 4 Designing and Placement of Advertising

(1) The customer is responsible for the design of the promotional material and he has in particular the obligation to deliver the advertising in the right format in a file to onemillioncar for review and printing. Instructions for the design of the promotional material are available here.

 

The customer is therefore responsible for the form, content and legal permissibility. The customer shall provide onemillioncar with the files, photographs, designs, etc. free of charge. onemillioncar is not obliged to check the file provided by the customer. If the customer has not submitted the required file in the correct format within 4 weeks of the conclusion of the contract, onemillioncar is entitled, after setting a deadline and threatening refusal, to cancel the contract and claim for damages where applicable.

 

(2) On receipt of the client’s file, onemillioncar shall make the advertising sheet and adhere it to the selected car in the selected advertising space. Please note that the correct pressure and therefore bonding only occurs when 1m2 promotional materials are provided. The positioning of the customer’s advertising within the selected advertising space is carried out by onemillioncar. The customer shall receive a notification via email as soon as his logo has been placed on the car.

 

The advertising material will be removed by onemillioncar once the lease has expired.

 

(3) The customer can present a short description of its advertising on the website www.onemillioncar.com. If he does so, his (company) data, the advertising logo, a short description and a link to his website will be published on the website www.onemillioncar.com/customer. This entry is free of charge. The customer is not required to be named as a customer on the website, however, if the customer would like to present themselves as a customer, onemillioncar is entitled to examine the data according to the specifications in § 5 third paragraph. The advertising will be available on the internet for five years after the start of the rental offer. This service is free of charge and the customer is not charged separately.

 

§ 5 Services provided by onemillioncar after installation of the promotional materials

(1) The car with the promotional materials will drive in a variety of European capitals over the course of 365 days. The car will visit following cities: Amsterdam, Athens, Berlin, Bratislava, Brussels, Bucharest, Budapest, Dublin, Helsinki, Copenhagen, Lisbon, Ljubljana, London, Luxembourg, Madrid, Paris, Prague, Riga, Rome, Sofia, Stockholm, Tallinn, Valletta, Vilnius, Warsaw and Vienna. The car will travel to each of these cities for at least a day (24 hours). onemillioncar is entitled to determine how long the car is located in a city, how often the car drives to a city and the order in which the cities are visited. Between visits to the capitals the car is located on the route to a new capital.

 

The duration is 365 days. The journey will begin as soon as either the entire advertising space is rented on the car or if the entire rental space is not rented after the space has been available on the internet for one year. The space has been available since on the internet since 18 April 2013. The customer shall receive an email as soon as the car commences the journey.

 

Before the start of this journey, the advertising may possibly already be mounted on the car, see § 4, paragraph 2. During this period, the car will be located in the Munich area and will be for private use only. There is no additional charge for the presentation of the advertising before the trip around Europe. Taking into account the duration the rental offer on the internet before the trip around Europe starts, the customer’s advertising will be presented for a maximum 2 years, but a minimum of 1 year on the car.

 

The car is a VW Multivan in Candy White.

 

(2) If the rental space cannot be provided and/or cannot be provided for the whole rental as contracted because of an unforeseen event, for example due to an accident involving complete destruction, theft, necessary repairs, etc., the customer will be informed immediately via e-mail.

 

§ 6 Contract Period

(1) The contract period for the selected rental package is at least 1 year from the start of the European tour and will automatically terminate 365 days after the start of the trip. The customer is not required to terminate the lease.

 

If the trip to Europe is interrupted, for example due to accidental damage to the car, etc., the journey shall continue after repair of the car. The additional time for the interruption of the trip will be rescheduled at the end of 365 days so that the full rental period of 365 days is provided.

 

(2) The right of both parties to terminate without notice for good cause remains unaffected.

 

onemillioncar in particular has an extraordinary right of termination if

 

  • the advertising content violates the law or official regulations;
  • the advertising content violates the rights of third parties, including copyrights, trademarks, labelling and name rights, competition law, other industrial property rights or property rights;
  • the advertising content is pornographic in nature and/or the content of advertising has a racist and/or violent background and/or inflammatory intent;
  • the advertising content and/or the form of advertisement is unreasonable for onemillioncar and the overriding interests of onemillioncar justify the rejection or removal.

 

(3) onemillioncar reserves the right not to carry out the trip around Europe unless at least 20% of the total rental space on the car has been leased within a year from the space being offered for rental on the internet. In this case, the customer will be notified immediately. The payments already made will be refunded to the customer immediately to the bank account specified by him.

 

(4) The customer will indemnify onemillioncar from all claims of third parties based on such an infringement. In particular, the customer is obliged to pay all costs incurred under such a claim, such as judicial and/or legal fees, or to pay back or reimburse onemillioncar. The customer shall assist onemillioncar in defending against such claims in good faith. If the customer is responsible for the extraordinary termination by onemillioncar, onemillioncar is entitled to make claims for compensation.

 

§ 7 Prices and payment terms

(1) The prices listed in the respective offers represent full prices. They include all parts of the price including any applicable taxes. The costs for manufacturing the advertising materials, mounting the advertising materials and removing the advertising materials are included in the final price. The presentation of the advertisement before the start of the trip across Europe is free of charge for the customer.

 

(2) The customer shall receive an invoice including VAT.

 

(3) The fees for the selected rental packages are payable immediately upon conclusion of the contract.

 

(4) The fees for the selected rental packages can be paid by bank transfer or by credit card (Visa / MasterCard). If the customer wants to pay for the rental package by bank transfer, the bank details will be communicated to the customer by onemillioncar.

 

§ 8 Retention

The customer may only exercise retention if the claims are from the same contractual relationship.

 

§ 9 Governing law, place of performance, jurisdiction

(1) German law applies. For consumers, this law applies only where the protection granted by the compelling provisions of the law in the consumer’s state of habitual residence is not withdrawn.

 

(2) The place of performance for all services of the existing business relationships with onemillioncar and the place of jurisdiction is the headquarters of onemillioncar, if the customer is not a consumer but a merchant, legal entity under public law or public law special fund. The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence is not known at the time the complaint. The right of onemillioncar to use the customer’s headquarters as a place of performance remains unaffected.