Terms & Conditions

1. The buyer is bound by the order for a maximum of 10 days, or 2 weeks for commercial vehicles. The purchase contract is concluded when the seller confirms acceptance of the order for the specified purchase object within the stated periods in text form, or executes the delivery. However, the seller is obliged to inform the buyer immediately if they do not accept the order.

2. Transfer of the buyer's rights and obligations under the purchase contract requires the seller's consent in text form. This does not apply to a monetary claim by the buyer against the seller. For other claims by the buyer against the seller, the seller's prior consent is not required if the seller has no interest worthy of protection in excluding assignment, or if the buyer's legitimate interests in the assignability of the right outweigh the seller's interest in excluding assignment.

1. The purchase price and prices for ancillary services are due upon handover of the purchase object and delivery or dispatch of the invoice.

2. The buyer may only offset claims of the seller if the buyer's counterclaim is undisputed or legally established. Counterclaims of the buyer from the same purchase contract are excluded. The buyer may only exercise a right of retention insofar as it is based on claims from the same contractual relationship.

1. Delivery dates and delivery periods, which may be agreed as binding or non-binding, must be stated in text form. Delivery periods begin with the conclusion of the contract.

2. The buyer may, 10 days after exceeding a non-binding delivery date or non-binding delivery period (2 weeks for commercial vehicles), request the seller to deliver. The seller is in default upon receipt of such request. If the buyer is entitled to compensation for delay damages, this is limited to a maximum of 5% of the agreed purchase price in cases of slight negligence by the seller.

3. If the buyer also wishes to withdraw from the contract and/or claim damages in lieu of performance, they must set the seller a reasonable deadline for delivery after the expiry of the period in accordance with clause 2, sentence 1 of this section. If the buyer is entitled to damages in lieu of performance, the claim in cases of slight negligence is limited to a maximum of 10% of the agreed purchase price. If the buyer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the exercise of their commercial or independent professional activity at the time of concluding the contract, claims for damages in cases of slight negligence are excluded. If delivery becomes accidentally impossible for the seller while in default, the seller is liable within the agreed liability limitations. The seller is not liable if the damage would have occurred even with timely delivery.

4. If a binding delivery date or binding delivery period is exceeded, the seller is already in default upon exceeding the delivery date or delivery period. The buyer's rights are then determined in accordance with clause 2, sentence 3 and clause 3 of this section.

5. The liability limitations and exclusions in this section do not apply to damages based on gross negligence or intentional breach of duty by the seller, their legal representative or vicarious agent, or in cases of injury to life, limb or health.

6. Force majeure or operational disruptions occurring at the seller or their suppliers, which temporarily prevent the seller from delivering the purchase object at the agreed date or within the agreed period through no fault of their own, shall modify the dates and periods stated in clauses 1 to 4 of this section by the duration of the performance disruptions caused by these circumstances. If such disruptions lead to a postponement of performance of more than four months, the buyer may withdraw from the contract. Other rights of withdrawal remain unaffected.

1. The buyer is obliged to accept the purchase object within eight days of receipt of the readiness notification. In the event of non-acceptance, the seller may exercise their statutory rights.

2. If the seller claims damages, these amount to 20% of the purchase price. The damages are to be set higher or lower if the seller proves greater damage or the buyer proves that lesser or no damage has occurred.

1. The purchase object remains the property of the seller until settlement of the claims to which the seller is entitled under the purchase contract. If the buyer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the exercise of their commercial or independent professional activity at the time of concluding the contract, the retention of title also applies to the seller's claims against the buyer from the ongoing business relationship until settlement of claims related to the purchase. At the buyer's request, the seller is obliged to waive the retention of title if the buyer has irrefutably fulfilled all claims related to the purchase object and adequate security exists for the other claims from the ongoing business relationship. During the period of retention of title, the right to possess the vehicle registration document Part II belongs to the seller.

2. If the buyer does not pay the due purchase price and prices for ancillary services or does not do so in accordance with the contract, the seller may withdraw from the contract and/or, in the event of the buyer's culpable breach of duty, claim damages in lieu of performance, provided the seller has unsuccessfully set the buyer a reasonable deadline for performance, unless setting a deadline is unnecessary under statutory provisions.

3. As long as the retention of title exists, the buyer may neither dispose of the purchase object nor grant third parties contractual use thereof.

1. If the buyer is a consumer within the meaning of § 13 BGB, a shortening of the two-year limitation period for material defects and legal defects to no less than one year from delivery of the purchase object to the buyer can only be effectively agreed if the buyer is specifically informed of the shortening of the limitation period before submitting their contractual declaration, and the shortening is expressly and separately agreed in the contract. For material and legal defects in goods with digital elements, the statutory regulations apply to the digital elements instead of the provisions of this section.

2. If the buyer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the exercise of their commercial or independent professional activity at the time of concluding the contract, the sale is made excluding any claims for legal defects. This exclusion does not apply to damages based on gross negligence or intentional breach of duty by the seller, their legal representative or vicarious agent, or in cases of injury to life, limb or health.

3. If the seller is required to compensate for damage caused by slight negligence under statutory provisions, the seller's liability is limited: Liability only exists in cases of breach of material contractual obligations. This liability is limited to the typical damage foreseeable at the time of concluding the contract. Personal liability of the seller's legal representatives, vicarious agents and employees for damages caused by them through slight negligence is excluded. This does not apply to damages based on intentional breach of duty or in cases of injury to life, limb or health.

4. Regardless of the seller's fault, any liability of the seller in cases of fraudulent concealment of a defect, assumption of a guarantee or procurement risk, and under the Product Liability Act remains unaffected.

5. If a defect is to be remedied, the following applies:

• a) The buyer must assert claims for material defects with the seller. In the case of verbal notification of claims, the buyer must be provided with written confirmation of receipt of the notification.
• b) If the purchase object becomes inoperative due to a material defect, the buyer may, with the seller's prior consent, contact another master motor vehicle workshop.
• c) The buyer may assert material defect claims from the purchase contract for parts installed as part of defect rectification until the expiry of the limitation period for the purchase object. Replaced parts become the property of the seller.

1. For other claims by the buyer not regulated in Section VI "Liability for Material Defects and Legal Defects", the statutory limitation periods apply.

2. Liability for delay in delivery is conclusively regulated in Section III "Delivery and Delay in Delivery". For other claims for damages against the seller, the provisions of Section VI "Liability for Material Defects and Legal Defects", clauses 3 and 4 apply accordingly.

3. If the buyer is a consumer within the meaning of § 13 BGB and the contract also covers the provision of digital content or digital services, where the vehicle can fulfil its function without these digital products, the statutory provisions of §§ 327 ff. BGB apply to these digital contents or digital services.

1. The exclusive place of jurisdiction for all current and future claims arising from the business relationship with merchants, including bills of exchange and cheque claims, is the seller's registered office.

2. The same place of jurisdiction applies if the buyer has no general place of jurisdiction in Germany, relocates their domicile or habitual residence abroad after conclusion of the contract, or their domicile or habitual residence is unknown at the time of filing the action. Otherwise, the buyer's place of residence shall serve as the place of jurisdiction for claims by the seller against the buyer.

1. Motor Vehicle Arbitration Boards

• a) If the motor vehicle business carries the sign "Meisterbetrieb der Kfz-Innung" or the basic sign "Mitgliedsbetrieb der Kfz-Innung", the parties may, in disputes arising from the purchase contract for used vehicles with a permissible total weight of no more than 3.5 tonnes – except for disputes concerning the purchase price – call upon the motor vehicle arbitration board responsible for the seller's registered office. The application must be made immediately after becoming aware of the dispute, at the latest one month after the expiry of the limitation period for material and legal defects pursuant to Section VI, by submitting a brief to the motor vehicle arbitration board.
• b) The legal process is not excluded by the decision of the motor vehicle arbitration board.
• c) By calling upon the motor vehicle arbitration board, the limitation period is suspended for the duration of the proceedings.
• d) The procedure before the motor vehicle arbitration board is governed by its rules of procedure and procedural regulations, which are provided to the parties upon request.
• e) Recourse to the motor vehicle arbitration board is excluded if legal proceedings have already been initiated. If legal proceedings are initiated during arbitration proceedings, the motor vehicle arbitration board ceases its activities.
• f) No costs are charged for using the motor vehicle arbitration board.

2. Notice pursuant to § 36 Consumer Dispute Resolution Act (VSBG) The seller will not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.