CONDITIONS
I. Conclusion of a contract / transfer of rights and obligations of the buyer
The buyer is bound to the order for a maximum of 10 days, for commercial vehicles for up to 2 weeks. The purchase contract is concluded when the seller confirms acceptance of the order for the item of purchase specified in writing within the respective deadlines or carries out the delivery. However, the seller is obliged to inform the customer immediately if he does not accept the order.
Transfers of rights and obligations of the buyer from the sales contract require the written consent of the seller.
Ancillary services, such as vehicle registration, vehicle delivery / transport, extended warranty, etc., only become part of the contract if they are shown in writing.
II. Payment
The purchase price and prices for ancillary services are due for payment when the object of purchase is handed over and the invoice is handed over or sent.
The buyer can only offset against claims of the seller if the counterclaim of the buyer is undisputed or there is a legally binding title; he can only assert a right of retention insofar as it is based on claims from the purchase contract.
III. Delivery and delay in delivery
Delivery dates and deadlines, which can be agreed as binding or non-binding, must be stated in writing. Delivery times begin with the conclusion of the contract.
The buyer can request the seller to deliver ten days, in the case of commercial vehicles two weeks, after a non-binding delivery date or a non-binding delivery period has been exceeded. Upon receipt of the request, the seller is in default. If the buyer is entitled to compensation for damage caused by delay, this is limited to a maximum of 5% of the agreed purchase price in the event of slight negligence on the part of the seller.
If the buyer also wants to withdraw from the contract and / or demand compensation instead of performance, he must set the seller a reasonable deadline for delivery after the relevant period in accordance with Section 2, Clause 1 of this section. If the buyer is entitled to compensation instead of performance, the claim is limited to a maximum of 10% of the agreed purchase price in the case of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity, claims for damages in the event of slight negligence are excluded. If the seller becomes unable to deliver by accident while he is in default, he shall be liable with the limitations of liability agreed above. The seller is not liable if the damage would have occurred even if delivery had been made on time.
If a binding delivery date or a binding delivery period is exceeded, the seller is already in default when the delivery date or the delivery period is exceeded. The buyer's rights are then determined in accordance with section 2, sentence 3 and section 3 of this section.
The liability limitations and exclusions of liability in this section do not apply to damage based on a grossly negligent or intentional breach of obligations by the seller, his legal representative or his vicarious agent, as well as injury to life, body or health.
Reservation of self-delivery: If the seller himself does not deliver, although he has placed congruent orders with reliable suppliers, the seller is released from his performance obligation towards the buyer and can withdraw from the contract. The seller is obliged to inform the buyer immediately about the unavailability of the service and to reimburse any consideration already paid by the buyer immediately.
Force majeure or operational disruptions occurring at the seller or his supplier that temporarily prevent the seller from delivering the object of purchase on the agreed date or within the agreed period, through no fault of its own, change the dates and periods specified in numbers 1 to 4 of this section by the duration the performance disruptions caused by these circumstances. If such disruptions lead to a delay in performance of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
IV. Acceptance
1. The buyer is obliged to accept the purchase item within eight days of receipt of the notification of readiness. In the event of non-acceptance, the seller can make use of his statutory rights.
2. If the seller demands compensation, this amounts to 10% of the purchase price. The compensation is to be set higher or lower if the seller can prove higher damage or the buyer proves that less damage or no damage at all has occurred.
V. Retention of title
1. The object of purchase remains the property of the seller until the claims due to the seller on the basis of the purchase contract have been settled. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity, the retention of title also remains for claims of the seller against the buyer from the current business relationship until Compensation of claims due in connection with the purchase. At the request of the buyer, the seller is obliged to waive the retention of title if the buyer has incontestably fulfilled all claims related to the purchase item and there is adequate security for the other claims from the ongoing business relationship. During the period of retention of title, the seller has the right to possess the registration certificate Part II (vehicle registration document).
2.If the buyer does not pay the due purchase price and prices for ancillary services or does not pay in accordance with the contract, the seller can withdraw from the contract and / or, in the event of culpable breach of duty by the buyer, demand compensation in lieu of performance if he has unsuccessfully set the buyer a reasonable deadline for performance, unless the deadline can be dispensed with in accordance with the statutory provisions.
3. As long as the retention of title exists, the buyer may neither dispose of the object of purchase nor allow third parties to use it in a contract.
VI. Liability for material defects
Claims of the buyer due to material defects become statute-barred one year after delivery of the object of purchase to the customer. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity, the sale takes place under the exclusion of any claims for material defects.
The shortening of the statute of limitations in section 1, sentence 1 and the exclusion of liability for material defects in section 1, sentence 2 do not apply to damage based on a grossly negligent or willful breach of obligations by the seller, his legal representative or his vicarious agent, as well as injury to life, Body or health.
If the seller has to pay for damage caused by slight negligence on the basis of the statutory provisions, the seller has limited liability:
Liability only exists in the event of a breach of essential contractual obligations, such as those that the sales contract intends to impose on the seller according to its content and purpose or the fulfillment of which enables the proper execution of the sales contract in the first place and compliance with which the buyer regularly trusts and may trust. This liability is limited to the typical damage foreseeable when the contract was concluded. The personal liability of the legal representatives, vicarious agents and employees of the seller for damage caused by them through slight negligence is excluded. For the aforementioned limitation of liability and the aforementioned exclusion of liability, section 2 of this section applies accordingly.
Irrespective of whether the seller is at fault, any liability on the part of the seller in the event of fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act remains unaffected.
If a defect is to be remedied, the following applies:
a) The buyer has to assert claims for material defects with the seller. In the case of verbal notifications of claims, the buyer is to be given a written confirmation of receipt of the notification.
b) If the object of purchase becomes inoperable due to a material defect, the buyer can turn to another master car dealer with the prior consent of the seller.
c) The buyer can assert claims for material defects on the basis of the purchase contract for the parts installed in the course of remedying defects until the expiry of the limitation period for the object of purchase. Replaced parts become the property of the seller.
VII. Liability for other damages
Other claims of the customer that are not mentioned in Section VI. "Liability for material defects" are regulated, become statute-barred in the regular limitation period.
The liability for delay in delivery is in Section III. Delivery and delay in delivery "finally regulated. For other claims for damages against the seller, the regulations in Section VI apply. "Liability for material defects", clauses 3 and 4 accordingly.
VIII. Cancellation instruction in remote vehicle sales Cancellation instruction
If this contract was concluded with the exclusive use of a means of distance communication in accordance with §312b BGB (e.g. by telephone, fax, e-mail, etc.), you have the following right of revocation:
Right of withdrawal
You can revoke your contract declaration within 14 days without giving reasons in writing (e.g. letter, fax, email) or by returning the item. The period begins after receipt of this instruction, but at the earliest with the delivery of the purchased item. To meet the cancellation deadline, it is sufficient to send the cancellation or the item to the seller in good time. In order to exercise your right of withdrawal, you must send us a clear declaration (e.g. a letter sent by post, fax or email) inform about your decision to withdraw from this contract. The revocation must be sent to:
werkswagen24.de ®, Löhdorfer Str. 50, 42699 Solingen, eMail: info@werkwagen24.de
Consequences of cancellation
In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. interest) surrendered. If you are unable or partially unable to return or surrender the service received to us or only in a deteriorated condition, you must pay us compensation insofar as the deterioration of the item is due to handling of the item that goes beyond an examination of the properties and functionality . "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop, for example. With regard to the motor vehicle that is the subject of the purchase, this corresponds to a test drive with a short-term license plate, which we hereby give you for the time before the handover
expressly offer. The devaluation through admission and / or through use beyond the examination as well as all other circumstances that impair the value of the thing are to be reimbursed by you in the event of an effective revocation. This also applies to customer services received and guarantees.
In the event of an effective cancellation, you have to hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us about the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. The buyer bears the return shipping costs. Obligations to reimburse payments must be fulfilled within 14 days. The period begins for you with the sending of your declaration of revocation, for us with its receipt. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
Exclusion of the right of withdrawal
This right does not exist in the case of distance sales contracts for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs (in accordance with Section 312 d Paragraph 4 No. 1 BGB). Furthermore, the right of withdrawal is expressly excluded if the goods are purchased commercially.
IX. Acceptance of means of payment
The acceptance of means of payment of any kind (deposit, trade-in for used vehicles, etc.) by the seller does not automatically mean acceptance of the contract. This applies to both cash payments and financing and leasing transactions.
X. Changes to the contract and ancillary agreements
Changes to the sales contract, in particular handwritten or verbal agreements, only become effective with written confirmation by the seller. This provision is implicitly cured upon delivery and payment of the vehicle, in accordance with the change request. There are no side agreements. Changes, additions and side agreements must be made in writing to be effective. This also applies to a change in the written form requirement.
XI. Place of jurisdiction
For all current and future claims from the business relationship with merchants, including bills of exchange and check claims, the exclusive place of jurisdiction is the registered office of the seller.
The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany, has moved his domicile or usual place of residence outside of Germany after the conclusion of the contract, or if his place of residence or usual place of residence is not known at the time the action is brought. In addition, if the seller has any claims against the buyer, his place of residence is the place of jurisdiction.
XII. Severability clause
Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract turns out to be incomplete.