Terms and Conditions, description of services and right of withdrawal

Part A: Terms and Conditions

§ 1 Provider and scope

(1) The provider of the services is Thomas Ottenstroer, trading as 911Finder, Am Dorfteich 10b, 23769 Fehmarn, Germany (hereinafter "911Finder"). Contact: kontakt@911finder.de, telephone +49 155 63888911.

(2) These terms apply to every contract between 911Finder and a client covering the services described in Part B: Digital Audit & Market Check, Porsche 911 Purchase Advisory, Technical Due Diligence, Porsche Sourcing & Acquisition, Vehicle Documentation & Market Valuation, the Investor Dossier & Technical Compendium and the sales brokerage.

(3) A client may be a consumer (§ 13 BGB) or a trader (§ 14 BGB). Differing terms of the client do not become part of the contract unless 911Finder expressly agrees to them in text form.

(4) The dealer subscriptions for MarqueScope (market monitoring) are not covered by these terms. Separate terms apply to them, available at marquescope.de .

§ 2 Formation of contract

(1) The presentation of the services on the website is not a binding offer but an invitation to enquire. Enquiries through the contact form, the search brief form, by email or by telephone are not binding.

(2) In response to an enquiry, 911Finder sends an offer in text form (email) naming the service, the price, the period of performance and these terms. The contract comes into being when the client accepts the offer in text form.

(3) A sourcing mandate comes into being only on signature of the mandate agreement, which records the scope, the fee, the exclusivity and the term.

(4) 911Finder stores the text of the contract and makes it available to the client in text form together with these terms and the notice of the right of withdrawal.

§ 3 Services and their limits

(1) The scope of each service follows from Part B and from the individual offer. In case of doubt the individual offer prevails.

(2) 911Finder owes the careful provision of the assessment, analysis and support services described, not a particular commercial outcome, a particular purchase price or the conclusion of a purchase.

(3) Every statement on market value is a judgement as at the relevant date, based on the market data available at that time, and is stated as a realistic range rather than a binding single figure.

(4) The services expressly do not include: the German statutory roadworthiness test (Hauptuntersuchung) under § 29 StVZO; an expert's, insurance, court or claims appraisal; any guarantee or assurance as to the technical condition of a car; a complete dismantling of the car; or legal advice or a legal review of a contract. What is owed is solely the checking of statements about the car, the specification, the accessories, the inspections and the commercial agreements against what was agreed.

(5) With remote services (Digital Audit, Purchase Advisory, vehicle documentation), photographs and documents are examined only for what is visibly apparent. Refinished paintwork, freedom from accident damage and technical condition cannot be conclusively confirmed without an assessment on site. A seller's confirmation of refinishing does not count as evidence that a car is free of accident damage.

(6) With services on the buying side (Digital Audit, Purchase Advisory, Technical Due Diligence, sourcing mandate), 911Finder represents the client's interests exclusively and accepts no commission from sellers. The sales brokerage is a separate selling mandate.

§ 4 The client's cooperation

(1) The client provides the information and documents needed for the service in good time and in full, in particular the link to the listing, the vehicle data, the paperwork and the correspondence with the seller. Periods for performance begin only once the documents have been received in full and, where payment in advance is agreed, once payment has been received.

(2) The client ensures that they are entitled to pass the documents on, and transmits personal data of third parties only insofar as it is needed for the service.

(3) Decisions on buying, selling, the purchase price and the terms of contract are made by the client alone.

§ 5 Prices, additional costs and payment

(1) The prices stated in the offer apply. Fixed prices for consumers include statutory VAT. Success fees (sourcing mandate, sales brokerage) are stated plus statutory VAT. Prices for traders are agreed on request.

(2) With Technical Due Diligence, travel from our base on Fehmarn is charged in addition at €0.59 per kilometre driven (outward and return). Further outlays (for example registration, transport, inspections by third parties) are passed on at cost and only after the client has approved them in advance.

(3) Fixed-price services (Digital Audit, Purchase Advisory, vehicle documentation, investor dossier) are payable in advance when the order is placed; work begins once payment has been received. Technical Due Diligence is invoiced after the appointment. The retainer for the sourcing mandate falls due on signature of the mandate agreement, the success fee on conclusion of the purchase contract for the car brokered.

(4) Payment is made using the payment methods stated in the relevant offer, on the invoice or during the ordering process. For purchases of the Investor Dossier & Technical Compendium through the website, payment is handled via a payment page provided by Stripe. By prior arrangement, payment by bank transfer or PayPal after invoicing is also possible.

§ 6 Time of performance

(1) The result of the Digital Audit is usually delivered within 24 hours of the documents being received in full and payment being received. This is a normal period, not a fixed deadline, unless a binding date is expressly agreed in the offer.

(2) The Purchase Advisory is limited to one car and to a maximum of 21 calendar days from its start. Appointments for Technical Due Diligence are agreed individually and depend on the availability of the car and the seller.

(3) The sourcing mandate runs for six months from signature of the mandate agreement and is exclusive during that period.

§ 7 Results, rights of use and confidentiality

(1) Dossiers, reports, logs and the vehicle record are made available to the client digitally (usually as a PDF). The client receives a simple, unlimited right to use them for their own purposes.

(2) Passing the vehicle record on to prospective buyers is permitted. The vehicle record is marked as „im Auftrag des Eigentümers erstellt“ (produced on the owner's instruction), so that recipients can see it is not an independent buyer's assessment. Any other publication, reproduction or commercial reuse of the results (in particular of the Investor Dossier & Technical Compendium) requires 911Finder's consent.

(3) 911Finder treats the client's budget, search brief and documents as confidential and does not disclose the budget to sellers.

§ 8 Liability

(1) 911Finder is liable without limitation for damage arising from injury to life, body or health, for damage caused intentionally or by gross negligence, and under the German Product Liability Act and to the extent of any guarantee expressly given.

(2) Where a material contractual obligation is breached through slight negligence, that is an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the client may regularly rely, liability is limited to compensation for the foreseeable damage typical of such a contract.

(3) Otherwise, liability for breaches of duty through slight negligence is excluded.

(4) The results rest on the documents provided by the client, on the market data available as at the relevant date and, with Technical Due Diligence, on what could actually be examined on site within the agreed scope. For circumstances that were not apparent on careful examination within that scope, in particular hidden defects that cannot be established without dismantling, and for incorrect or incomplete statements by third parties, 911Finder is liable only in accordance with paragraphs 1 to 3.

§ 9 Data protection

911Finder processes the client's personal data, and third-party data contained in documents, solely in order to provide the service instructed. The details, the legal bases and the retention periods follow from the privacy policy at www.911finder.de/datenschutz, and in particular from the section „Verarbeitung von Fahrzeugunterlagen“ (processing of vehicle documents).

§ 10 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal in distance contracts. The notice of the right of withdrawal and the model withdrawal form are in Part C. Special rules described there apply to services performed in full at the consumer's express request before the withdrawal period expires, and to digital content.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany applies. As against consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection of mandatory provisions of the state of their habitual residence.

(2) 911Finder is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

(3) Should individual provisions of these terms be ineffective, the effectiveness of the remaining provisions remains unaffected.

Part B: Description of services

The descriptions below set out the scope, the limits and the prices of each service. All fixed prices for consumers include statutory VAT. Success fees are stated plus VAT.

Starting position	Service	Price and limit
A specific car found, a first judgement needed	Digital Audit & Market Check (Assessment Level 1)	€199 incl. VAT; a one-off remote analysis
A specific car found, further clarification needed	Porsche 911 Purchase Advisory (Assessment Level 2)	€499 incl. VAT; one car, 21 calendar days, two rounds of follow-up questions
A physical assessment needed	Technical Due Diligence (Assessment Level 3)	from €790 incl. VAT plus travel at €0.59/km
No car found yet	Porsche Sourcing & Acquisition	€1,500 retainer incl. VAT plus 3.5 % plus VAT on completion
A Porsche 911 already owned	Vehicle Documentation & Market Valuation	€249 incl. VAT; introductory price
Model knowledge before the search	Investor Dossier & Technical Compendium	€97 incl. VAT; PDF, 250 to 600 pages per edition
Selling your own car	Sales brokerage	3 % success fee plus VAT, no upper limit

B.1 Digital Audit & Market Check (Assessment Level 1)

Scope

A one-off analysis, valid as at a given date, of a car named by the client, carried out remotely on the basis of the listing, the available documents and the market data.
Examination of the listing and the history, an asset check of the specification, the real price established from market data, a fault forecast and a list of questions for the seller.
The result comes as a PDF dossier, usually within 24 hours of the documents being received in full and payment being received.
Documents supplied later for the same car within 7 days are taken into the assessment.

Not included

Correspondence with the seller, assessment of dealer answers, conduct of negotiations (part of the Purchase Advisory).
An assessment on site, a test drive, a diagnostic readout (part of Technical Due Diligence).
Conclusive confirmation of refinished paintwork, freedom from accident damage or technical condition.

Price

€199 incl. VAT, fixed price.

B.2 Porsche 911 Purchase Advisory (Assessment Level 2)

Scope

For a car the client has already found: the Digital Audit & Market Check is included.
Up to two bundled rounds of correspondence and analysis: structured questions to the seller, a reading of the answers, assessment of documents and photographs supplied later.
One call of up to 30 minutes (telephone or video).
A negotiating strategy, a commercial reading of the risks that remain and a closing recommendation: buy, buy only on conditions, or walk away.

Limits

One car per instruction; a term of no more than 21 calendar days from the start of the Purchase Advisory.
No active vehicle search, no assessment on site, no unlimited correspondence, no legal advice.
Moving up from the Digital Audit: if the client moves to the Purchase Advisory for the same car within 30 calendar days, the €199 already paid is credited in full (balance €300 incl. VAT). The 21 calendar days run from the start of the Purchase Advisory.

Price

€499 incl. VAT, fixed price.

B.3 Technical Due Diligence (Assessment Level 3)

Scope

An appointment where the car is, carried out by Thomas Ottenstroer against a model-specific inspection plan, insofar as it is actually possible at that appointment: a document check, a cold start, a diagnostic readout of the control units including the FAP analysis (Fahrzeuganalyseprotokoll, over-revs and operating hours), an inspection on the lift, paint thickness measurement and a test drive.
The result: a condition report, the control unit logs, a buying recommendation and a negotiation brief covering every fault found.

Limits

No German statutory roadworthiness test (Hauptuntersuchung) under § 29 StVZO, no court-admissible expert report, no guarantee, no dismantling of the car. The paint thickness measurement serves to test the plausibility of the claim that the car is free of accident damage.
The scope of what can be examined depends on the conditions on site (a lift, a test drive, access to the paperwork). Points that cannot be examined are marked as unverified in the report.

Price

From €790 incl. VAT plus travel at €0.59 per kilometre from our base on Fehmarn. The actual price follows from the offer (depending on the model and the scope). Optional inspections at a Porsche Centre or by an expert are arranged only with the client's approval and charged separately.

B.4 Porsche Sourcing & Acquisition

Scope

Definition of the search brief, a systematic market scan across the platforms and the 911Finder network (dealers, collectors, off-market contacts), and documentation at the outset of offers the client already knows about.
A Digital Audit and Purchase Advisory for every serious candidate, with no numerical upper limit; a shortlist with a recommendation.
Arranging viewings, conducting negotiations on the basis of the assessment dossier, support through the vehicle side of the purchase and the handover (checking the car, the specification, the accessories and the inspections promised against what was agreed), and advice on the timing of the purchase and how well the car should hold its value.
On request, arranging registration and transport at cost.

Limits

No legal review of the contract and no legal advice.
On-site Technical Due Diligence is not covered by the mandate fee and is instructed and charged separately only with the client's approval.
911Finder owes a careful search and careful support, not the conclusion of a purchase.

Fee and term

A retainer of €1,500 incl. VAT, due on signature of the mandate agreement. On a successful purchase the retainer is credited in full against the success fee.
A success fee of 3.5 % of the purchase price plus VAT (effectively 4.17 % incl. VAT), due on conclusion of the purchase contract for a car brokered or assessed during the term.
If no purchase comes about during the term, the retainer remains as a flat fee for the work carried out.
A term of six months, exclusive. The details are governed by the mandate agreement.

B.5 Vehicle Documentation & Market Valuation

Scope

For owners of a Porsche 911: a digital vehicle record valid as at a given date, with a vehicle profile, a chronological history, an assessment of documentation quality, the market position with a realistic value range, the strengths that carry value and the open questions, plus an action plan.
Statements are distinguished by the evidence behind them: evidenced, plausible, stated, unverified. Missing documents are marked as evidence that is still open or still to be obtained, not as a negative fact.
The vehicle record is marked as „im Auftrag des Eigentümers erstellt“ (produced on the owner's instruction) and may be passed on by the owner to prospective buyers.

Limits

No technical assessment of the car; no expert's, insurance, court or claims appraisal. The market value is stated as a range as at the relevant date.
Later additions and new market valuations must be instructed separately; unlimited free updating is not part of the service.

Price

€249 incl. VAT (introductory price). The introductory price applies to the usual scope; where the documentation is exceptionally extensive, the work is agreed in advance.

B.6 Investor Dossier & Technical Compendium

A model-specific volume in German (PDF, 250 to 600 pages per edition) on the engineering, the known weak points, the engine codes, the specification, the production figures, the options that add value and the price forecasts for a model chosen by the client.
Delivered digitally once payment is received. Price €97 incl. VAT. The rule for digital content in Part C applies to the right of withdrawal.

B.7 Sales brokerage (selling mandate)

Production of a sales presentation from the client's data, discreet placement within the network of dealers and collectors (off-market), coordination of enquiries and viewings, and support with the negotiation and the handover.
A success fee of 3 % of the sale price achieved plus VAT (effectively 3.57 % incl. VAT), with no upper limit, due on conclusion of the purchase contract.
A vehicle record produced on the owner's instruction may be used as the basis for the sales presentation. The details of the term and the exclusivity are governed by the brokerage instruction.

Part C: Right of withdrawal for consumers

Right of withdrawal

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 the contract was concluded.

To exercise your right of withdrawal you must inform us (Thomas Ottenstroer, 911Finder, Am Dorfteich 10b, 23769 Fehmarn, Germany, email: kontakt@911finder.de, telephone: +49 155 63888911) of your decision to withdraw from this contract by a clear statement (for example a letter sent by post, or an email). You may use the attached model withdrawal form for this, although it is not obligatory.

To meet the withdrawal deadline it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested the services to begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Early lapse of the right of withdrawal for services

With a contract for a service, the right of withdrawal lapses where we have provided the service in full and only began performing it after you gave your express consent and at the same time confirmed that you were aware you would lose your right of withdrawal once we had fully performed the contract (§ 356(4) BGB).

Digital content (Investor Dossier & Technical Compendium)

With a contract for the supply of digital content not on a tangible medium, the right of withdrawal lapses where we began performing the contract after you expressly agreed that we should begin before the withdrawal period expired, and you confirmed that you were aware that by so agreeing you lose your right of withdrawal once performance begins, and we have provided you with confirmation of the contract on a durable medium (§ 356(5) BGB).

Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and send it back.)

To: Thomas Ottenstroer, 911Finder, Am Dorfteich 10b, 23769 Fehmarn, Germany, email: kontakt@911finder.de

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):

Ordered on (*) / received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.