Online vehicle trading code

The code aims to provide joint opposition to those factors that jeopardise secure, high-quality online vehicle trading. Therefore, the overriding goal is, as far as possible, to ensure that there is security for buyers, protection against attempts to defraud and fair competitive conduct amongst online dealers. Having binding rules of conduct will ensure that there is transparency, and actively and jointly combat the misuse of the opportunities that online vehicle trading provides.

The code aims to safeguard and promote the great benefits of online vehicle trading for all users. In particular, the code is intended to increase buyer and seller satisfaction and to ensure that they deal with one another in a trustworthy way. This will help protect consumers and competition. Common rules of conduct that apply to all those involved in online vehicle trading will form an appropriate basis for this.

The initiators have, therefore, drawn up rules of conduct that aim to ensure that online vehicle trading is correct. Those who accept the code will follow the rules laid down here. Dealers, advertising marts and associations will also communicate the code on their website so that all users of online vehicle trading can easily view the code at any time.

1. General

Dealers undertake to comply with the code and to help communicate it amongst their customers. They will refrain from any conduct that jeopardises the security and quality of online vehicle trading. User satisfaction is their primary objective. To this end, dealers will ensure that their ads are up to date. Vehicles should be removed from the mart as soon as possible after they have been sold. Vehicles which do not exist or which cannot be purchased (decoys) shall not be advertised in the mart.

2. Legal Guidelines

Dealers will comply with all obligations deriving from legal guidelines. This includes the following obligations in particular:

- Dealers will provide the following information which is required by Article 5 of the German Telemedia Act (so-called "Impressumspflicht" ["legally required information"]) or, at least, enable it to be accessed via a direct link:

• the name and the address for service of process of the provider, and in the case of corporate bodies also the authorised representatives;
• details which enable swift electronic contact and immediate communication (e.g. phone, email) with the provider, including the email address;
• the commercial register, associations register, partnerships register or cooperative societies register in which the provider is registered, and the corresponding registry number;
• the VAT ID number (if there is one) in compliance with Article 27a of the German VAT Act;
• the Commercial ID number ["Wirtschafts-Identifikationsnummer"] (if there is one) in compliance with Article 139c of the German Fiscal Code.

- Dealers will provide additional information as required under Article 5a (3) (3) of the German Unfair Competition Act (UWG) and Article 1 (1) of the German Pricing Act (PAngV). Under these laws, end prices should be provided in the relevant price field, which, in particular, have to include VAT and other pricing components (particularly destination charges). Ads with prices that are clearly incorrect or misleading are not permitted (on this, see also under Showing Prices).

- Dealers will provide, to the extent that the German Ordinance on Consumer Information about Fuel Consumption and CO2 Emissions in New Cars (Pkw-EnVKV) prescribes this, details about fuel consumption and about the CO2 emissions and the CO2 efficiency class including a graphic display, and, at the same time, will also make reference to detailed information on official fuel consumption and on specific CO2 emission. This can be taken from the guidelines that can be accessed on the DAT Deutsche Automobiltreuhand GmbH (DAT) website (at http://www.dat.de/leitfaden/LeitfadenCO2.pdf). These guidelines should be referred to in the advert in relation to information on consumption and emissions.

- In cases where a remote sale contract is concluded, dealers shall note the extensive obligations imposed by the German Distance Selling Act both prior to and after the conclusion of the contract, particularly the duty to provide information about rights to cancel the contract and return the item purchased.

3. Complying with the terms of use of advertising marts

Dealers will comply with the provisions of the terms of use of advertising marts, particularly to refrain from publishing products that are not permitted in adverts published there.

4. Vehicle categories

Dealers undertake to truthfully assign the vehicles they have advertised according to the vehicle categories – new vehicles, used vehicles, single day registrations, employees' cars, demonstration vehicles, classic vehicles – defined in this code's Glossary and to refrain from placing ads for vehicles in incorrect categories.

The definitions form part of this code and are attached to it as an annex. They shall also be made available in a suitable form for users to access.

5. Full and truthful details

In their adverts, dealers must describe their vehicles truthfully and fully. They are liable for the details being complete and accurate. Dealers shall include in the detailed description all of the vehicle's important characteristics which are essential for making a buying decision, including any significant damage to the vehicle.

This particularly includes the duty to declare any significant damage that has not been repaired, which must be described fully and truthfully. The details provided ought not to trivialise the damage, and the damage should be documented in a photo. A vehicle may only be advertised as "accident-free" if the dealer is convinced that this is the case and if they are able and willing to vouch for this in law.

The real total mileage must also be specified correctly. If this is not known or needs to be ascertained, it should be indicated that the mileage given is only that which has been read from the clock. If the vehicle is fitted with a replacement engine, this should be declared. The dealer must also declare if the vehicle is an EU import or a vehicle that was not originally manufactured for the German market.

Dealers should not use any misleading details. They should particularly refrain from advertising a vehicle under an inappropriate heading or providing an incorrect mileage or an incorrect first registration date. Dealers are responsible for the accuracy of the data they use. They should particularly try to avoid entering incorrect details by accident (e.g. typing errors), and should correct any such errors as soon as they are found.

If it is not explicitly pointed out that a vehicle will need to be first ordered or procured, it should be assumed that the vehicle is in stock (or in the warehouse) and that it is available to be viewed at the premises of the dealer advertising it either already or within a short period of time (up to a maximum of 24 hours).

It should also be indicated if the vehicle is a rental vehicle, taxi or driving school vehicle.

6. Showing prices

Dealers undertake to provide correct and truthful prices. The price given must comprise the actual gross end price including VAT and all other costs. These particularly include destination charges. Therefore, it is not permitted to advertise or make an offer for a vehicle labelled "plus destination charges". This also applies if the destination charges are clearly shown. The costs must, rather, be included in the end price from the very start and entered in the price field provided for this purpose.

The gross end price should include the costs of transport to the dealer's location. If the dealer's location is different to the location of the vehicle, this difference should be clearly indicated in the ad.

These principles apply to all vehicles and particularly to export vehicles unless they are displayed in separate categories (e.g. for export vehicles).

7. Using photos

In the case of used vehicles, dealers should basically only use their own pictures or original photos, and in the case of new vehicles, preferably their own pictures which, in the case of vehicles which are in stock, show the advertised vehicle. In the case of new vehicles, where a dealer uses third-party catalogue pictures, this should only occur if the necessary permissions to use copyrighted material have been granted, and the different source (e.g. catalogue picture) of the pictures should be clearly indicated.

8. The sales process

Dealers should not request any advance payments. The deal should be done on a reciprocal basis. Once the agreement has been successfully concluded, the buyer pays the purchase price and, in return, receives the vehicle, the vehicle keys, plus the registration certificate Parts 1 and 2, or the car's registration document and the proof of ownership letter.

1. General

Advertising marts strive for dealers and other advertisers to comply with legal provisions and the obligations of the code. They make the code available for users to access.

2. Clarification

Advertising marts will provide their users with easily accessible information about the possible risks involved in buying vehicles, as well as basic rules of conduct for using the website securely. In particular, they should warn against providing any advance payments and recommend that their users do the deal on a reciprocal basis. They should also indicate other sources of information, such as the website www.sicherer-autokauf.de. Advertising marts should also provide further information for commercial suppliers, explicitly pointing out dealers' obligations.

3. Definitions of terms and mandatory fields

Advertising marts should use the categories drawn up for this code: new vehicles, used vehicles, single day registrations, employees' cars, demonstration vehicles, classic vehicles, damaged vehicles. They should make the definitions of these terms available to their users in a suitable way.

For placing vehicle ads, advertising marts should provide the following mandatory fields that users must fill in when placing the ad:

• Brand, model (it is possible to enter 'Other');
• Category (used vehicles, new vehicles, single day registrations, employees' cars, demonstration vehicles, classic vehicles, damaged vehicles);
• Price (as end price);
• In the case of all vehicles except new vehicles: first registration date and mileage;
• Energy labels (in the case of new vehicles, single-day registrations and demonstration vehicles)

Advertising marts should explicitly indicate on the detailed information pages that the prices given must be gross end prices including VAT and all other costs.

4. Supplier identification and trial period

When dealers are registering on their platforms, advertising marts should request their business registration documents. During a period of at least two months after initial registration (trial period), advertising marts should randomly check dealers' adverts in particular and, if necessary, make personal contact with the dealers.

5. Reports / sanctions

Advertising marts should take reasonable measures to identify untrustworthy adverts and suppliers, and exclude these from their platforms. In particular, they should keep communication channels open, which permit consumers and dealers to immediately report any contravention of the law or of this code. Advertising marts should follow up such reports and remove, as quickly as possible, any ads that clearly contravene the law or this code and which are not corrected upon request.

Within the realms of what is technically feasible and reasonable, advertising marts should deploy technical systems to look specifically for certain types of contravention. They should randomly check whether dealers' details are complete and, where they are incomplete, they should notify the dealers.

Where contraventions occur, advertising marts should take suitable measures against the advertisers who are not acting in compliance with the rules and urge them to comply with the rules in future. Where contraventions continue, advertising marts should increasingly impose sanctions until, eventually, banning the advertiser.

6. Product enhancements

The measures described shall not prevent advertising marts from enhancing their products. In enhancing their products, marts should aim to continue to promote security and quality.

Associations should actively aim to disseminate information to help raise awareness of the obligations that derive from this code in their organisations. Dealer associations should aim to make the acceptance of this code a binding industry standard for all members of their respective organisations, and should take suitable measures to ensure that the code is complied with and put into practice. As far as possible, associations should help members of their organisations to implement the code. Where contraventions of the code occur, associations should notify the dealers and advertising marts concerned and take suitable internal action under the legal requirements to ensure the code is complied with.

Users can only be effectively protected against fraudulent or anti-competitive adverts if they themselves collaborate, if they are informed about security measures and if they implement those measures.

Those adopting this code therefore regard it as a general task to keep users informed as well as possible so that they know and comply with, for example, the following security rules:

• Read the adverts carefully and in full!
• If you are interested in buying, make sure that the details have been explicitly reconfirmed beforehand.
• At least in the case of used vehicles, it is usually a good idea to view the vehicle prior to agreeing to buy it and, if possible, to test drive it in order to verify that the details provided by the dealer are accurate.
• Cross check that the details in the ad match the information actually provided in the vehicle's papers.
• If you are purchasing, you should make no advance payments, but make the deal in a reciprocal fashion.
• Only use secure payment methods by means of which the recipient can prove that they have actually taken receipt. In particular, do not use cash transfer services, such as Western Union or MoneyGram.

Further sources of information for users, such as www.sicherer-autokauf.de are being developed and disseminated.

Those adopting this code should strive to reinforce cooperation with supervisory and investigative agencies in order to ensure that illegal activities are effectively prosecuted.

They should also attempt to get payment system providers to take suitable measures to prevent their services being abused in the course of criminal acts.

Those initiating this code aim to regularly enhance the code in order to adjust it to new developments and new forms of misuse. The intention is to regularly exchange practical information about the use of the code and about new methods of misuse that come to light.