Note: Republished by retromobility.com (Vehicle purchase). For the online shop, please have the shop-specific regulations added.

• The buyer acknowledges these conditions by the unconditional acceptance of the offer or the order confirmation or the acceptance of the delivery. Deviations from the conditions listed here only apply if they have been confirmed in writing by the seller.
• Orders are only binding for the seller if they are confirmed or if the buyer is satisfied with the delivery of the ordered product.
• When concluding the contract, the buyer’s creditworthiness is assumed. If, in the seller’s opinion, subsequent information raises doubts about this, the seller is entitled to withdraw from the contract if the buyer fails to provide the guarantees required by the seller to fulfill the contract.
• The offers of the seller – especially in its brochures – are non-binding and non-binding. Any acceptance declarations and all orders require the written, faxed or verbal confirmation of the seller. The same applies to additions, amendments or ancillary agreements.
• The documents submitted as part of the offer, such as drawings, illustrations, measurements, weights or performance data, are only approximately binding unless explicitly stated by the seller to be binding.
• We are entitled to partial deliveries and services at any time, insofar as this is reasonable for the customer.
• Prices are quoted ex-works and in euros, including the statutory value-added tax valid at the time of delivery. Estimates for repair and installation work are prepared as accurately as possible, but are non-binding.
• The prices stated in the seller's order confirmation are decisive. Agreed additional services are charged in addition to the agreed prices.
• If more than 6 months have passed between the conclusion of the contract and the agreed and/or actual delivery date, the seller’s current prices valid at the time of delivery or provision shall apply. If the agreed price subsequently increases by 5% % or more, the buyer may withdraw from the contract.
• Individual payment terms must be agreed upon for new vehicles, used vehicles and recreational vehicles.
• Delivery dates and delivery deadlines that can be agreed upon in a binding or non-binding manner must be stated in writing. Delivery deadlines begin upon contract conclusion.
• The buyer may request the seller to deliver the goods six weeks after exceeding an informal delivery deadline or an informal delivery period. Upon receipt of the request, the seller is in default. If the buyer is entitled to compensation for delay in delivery, this shall be limited to a maximum of 5% % of the agreed purchase price in the event of slight negligence on the seller's part. If the buyer wishes to withdraw from the contract and/or demand damages in lieu of performance, he must set a reasonable delivery deadline after the 6-week period referred to in Clause 1 has expired. If the buyer is entitled to compensation for damages instead of the performance, the claim is limited to a maximum of 25% % of the agreed purchase price in the event of slight negligence. If the buyer is a legal person under public law, a special fund under public law, or an entrepreneur acting in the exercise of his commercial or independent professional activity at the conclusion of the contract, the claims for damages in the event of slight negligence are excluded. If the delivery is made impossible by chance during the seller’s default, the seller shall be liable in accordance with the liability limitations previously agreed upon. The seller shall not be liable if the damage would have occurred even if delivery were made in a timely manner.
• If a binding delivery date or a binding delivery period is exceeded, the seller is already in default with exceeding the delivery deadline or the delivery period. The buyer’s rights are then determined in accordance with paragraph 2, sentences 3 to 6 of this section.
• Higher force majeure or operational disruptions occurring with the seller or its suppliers that temporarily prevent the seller from delivering the purchase item on the agreed date or within the agreed period without any fault on the seller’s part, change the dates and deadlines mentioned in paragraphs 1 to 3 of this section by the duration of the performance disruptions caused by these circumstances. If such disruptions lead to a performance delay of more than four months, the buyer may withdraw from the contract. Other withdrawal rights remain unaffected.
• Design or shape changes, deviations in color tone, and changes to the scope of delivery by the manufacturer remain reserved during the delivery period, provided that the changes or deviations are reasonable for the buyer taking into account the interests of the seller. If the seller or the manufacturer requires symbols or numbers to designate the order or the purchased item, this alone cannot be construed as granting any rights.
• The purchase price and prices for additional services are due upon delivery of the item purchased and upon issuance or transmission of the invoice for payment. The seller is entitled to require a deposit of 50% % of the agreed final price upon conclusion of the purchase contract. This amount is then due for payment immediately. Payment instruments transferred in lieu of cash will only be accepted for settlement purposes and after calculation of all redemption costs and expenses.
• The buyer may only offset claims of the seller if the buyer’s counterclaim is undisputed or there is a legally binding title; he may only assert a right of retention insofar as it is based on claims arising from the purchase contract.
• The buyer is obliged to take over the item of purchase within 14 days of receiving the notification of delivery. In the event of non-acceptance, the seller may exercise its legal rights.
• If the seller demands damages, the amount is 15% % of the purchase price. The amount of damages is to be determined higher or lower if the seller proves a higher amount of damage or the buyer a lower amount of damage.
• The item sold remains the property of the seller until the claims due to the seller under the purchase contract are settled. If the buyer is an entrepreneur who acts in the exercise of his commercial or independent professional activity when concluding the contract, the retention of title also remains in effect for claims of the seller against the buyer arising from the ongoing business relationship until the settlement of claims due in connection with the purchase. During the period of the retention of title, the right to possess the vehicle remains with the seller.
• In the event of the buyer’s default in payment, the seller may withdraw from the purchase agreement. If the seller also claims damages in lieu of performance and takes back the item, the seller and the buyer agree that the seller shall compensate for the usual selling price of the item at the time of the return. At the buyer’s request, which must be expressed immediately after the return of the item, a publicly appointed and sworn expert shall determine the usual selling price at the buyer’s discretion. The buyer shall bear all costs of the return and disposal of the item. The disposal costs are 5 times % the usual sales value without proof. They are to be set higher or lower if the seller provides evidence of higher or lower costs.
• As long as the retention of title exists, the buyer may neither dispose of the purchase item nor contractually grant third parties the right to use it.
• The buyer waives the claims arising from the comprehensive insurance for the duration of the retention of title to the seller.
• Claims by the buyer for defects in goods shall be time-barred in accordance with the statutory provisions within two years from the delivery of the purchase item. Further claims are unaffected if defects are fraudulently concealed or if a guarantee of the quality is assumed.
• For used items, the liability towards buyers who are consumers is limited to 1 year, and for buyers who are operating a business, it is completely excluded.
• The following applies to the handling of a defect rectification:
  The buyer may claim rectification of defects from the seller. In the case of verbal claims, the buyer must be provided with a written confirmation of the receipt of the claim.

  Replacement parts become the property of the seller.

  A change of ownership of the purchase item does not generally affect the claims for defects.

  For vehicle replacement parts installed as part of the defect removal process, the buyer may only assert claims for defects in kind based on the purchase contract until the expiration of the statute of limitations for the purchase item.

• The buyer may claim rectification of defects from the seller. In the case of verbal claims, the buyer must be provided with a written confirmation of the receipt of the claim.
• Replacement parts become the property of the seller.
• A change of ownership of the purchase item does not generally affect the claims for defects.
• For vehicle replacement parts installed as part of the defect removal process, the buyer may only assert claims for defects in kind based on the purchase contract until the expiration of the statute of limitations for the purchase item.
• Liability arises only in the event of a breach of contractual essential obligations. The liability is limited to the typical damage that could be expected at the time of contract conclusion. This limitation does not apply in the event of damage to life, body and health. To the extent that the damage is covered by insurance concluded by the buyer for the respective case of damage, the seller is only liable for any associated disadvantages incurred by the buyer, i.e., for higher insurance premiums or interest losses up to the settlement of the damage by the insurance. The same applies to damages caused by a defect in the purchased item.
• The personal liability of the legal representatives, vicarious agents and employees of the Seller for damages caused by their negligence is excluded.