General terms and conditions for the sale of used vehicles
I. Contractual conclusion / Transfer of rights and obligations of the buyer
- The buyer is bound to the order for a maximum of up to ten days. The purchase contract is concluded when the seller confirms the acceptance of the order of the purchase object described in detail in writing within this period or performs the delivery. However, the seller is obligated to inform the orderer immediately if he does not accept the order.
- Transfers of rights and obligations of the buyer from the purchase contract require the written approval of the seller.
II. Payment, ancillary costs
- The purchase price and prices for additional services are due for payment upon handover of the purchase object and delivery or transmission of the invoice.
- The buyer can charge up against claims of the seller only when the counterclaim of the buyer is undisputed or a legally binding title exists; he can enforce a right of retention only if it is based on claims from the purchase contract.
- Costs of any conveyance, loading and transport insurance, any customs duties, permit costs and the value added tax incurred thereupon are charged to the buyer’s account.
III. Delivery and default in delivery
- Delivery deadlines and delivery terms that can be agreed bindingly or non-bindingly are to be indicated in writing. Delivery terms begin with the contractual conclusion.
- The buyer can demand delivery from the seller ten days after a non-binding delivery deadline or a non-binding delivery term has been exceeded. Upon receipt of the demand, the seller defaults. If the buyer has a claim to compensation for a damage caused by default, 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.
- Moreover, if the buyer wants to withdraw from the contract and/or demand damages instead of the service, he must set the seller an appropriate deadline for delivery upon expiry of the term in question in accordance with number 2, sentence 1 of this section. If the buyer has a claim to damages instead of the service, this claim is limited to a maximum of 10% of the agreed purchase price in the event of slight negligence. If the buyer is a corporate body under public law, a public separate estate or an entrepreneur that acts in exercise of his commercial or self-employed professional activity upon conclusion of the contract, damage claims in the event of slight negligence are ruled out. Should delivery become impossible for the seller due to accident while he is in default, he assumes liability with the above-mentioned agreed liability limitations. The seller assumes no liability if the damage would also have set in in the event of punctual delivery.
- If a binding delivery deadline or a binding delivery term is exceeded, the seller defaults even when he exceeds the delivery deadline or the delivery term. The rights of the buyer are then determined according to number 2, sentence 3 and number 3 of this section.
- In the event of force majeure or disruptions in operations on the part of the seller or his suppliers that temporarily prevent the seller from delivering the purchase object by the agreed deadline or within the agreed term through no fault of his own, the deadlines and terms named in numbers 1 to 4 of this section change by the duration of the disruptions in operations caused by these circumstances. If corresponding 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 thereby.
- The buyer is obligated to accept the purchase object within 8 days after receipt of the notification of readiness for delivery. In the event of non-acceptance, the seller can make use of his legal rights.
- If the seller claims damages, these amount to 10% of the purchase price. The damages are to be set higher or lower if the seller proves a higher damage or the seller proves that a lower damage or no damage at all has occurred.
V. Title retention
- The purchase object remains property of the seller until the claim to which the seller is entitled due to the purchase contract has been settled. If the buyer is a corporate body under public law, a public separate estate or an entrepreneur that acts in exercise of his commercial or self-employed professional activity upon conclusion of the contract, the title retention also remains in force for claims of the seller against the buyer from the ongoing business relationship until the settlement of claims due in connection with the purchase. At the buyer’s demand, the seller is obligated to forego the title retention if the buyer has incontestably fulfilled all claims connected to the purchase object and adequate security exists for the remaining claims from the ongoing business relationship. During the duration of the title retention, the seller has the right to possession of the vehicle title (vehicle letter).
- In the event of payment default on the part of the buyer, the seller can withdraw from the purchase contract.
- As long as the title retention exists, the buyer may neither have possession of the purchase object nor grant use thereof to third parties on a contractual basis.
- Claims of the buyer due to defects lapse one year after delivery of the purchase object to the customer. At all events, this does not apply to damage claims from defect liability based on a violation of obligations of the seller or of persons the seller uses to fulfil a liability committed with intent or with gross negligence. This likewise does not apply, at all events, to damage claims based on injury to life, limb and health. Other claims remain unaffected, assuming the seller is obligated by law to assume liability or something else is agreed, especially in the case of the assumption of a guarantee.
- Claims due to defects are to be asserted by the buyer towards the seller. In the event of oral notification of claims, the buyer is to be issued with a written confirmation of receipt of the notification.
- Should the purchase object become inoperable due to a defect, the buyer can turn to another authorised automotive repair shop with the prior approval of the seller.
- The buyer can assert defect claims based on the purchase contract until the end of the period of limitation of the purchase object for the parts integrated as part of a defect removal.
- Replaced parts become property of the seller.
- Section VI, Defects, does not apply to damage claims; section VII, Liability, applies to these claims.
- If the seller has to answer for a damage based on the legal provisions in accordance with these conditions that was caused with slight negligence, the seller assumes limited liability: the liability exists only in the case of violation of key contractual obligations, for instance such that the purchase contract imposes upon the seller according to its content and purpose or whose fulfilment is essential to enable the proper implementation of the purchase contract and in the compliance with which the buyer regularly trusts and may trust. This liability is limited to the typical damages foreseeable upon the conclusion of the contract. If the damage is covered by insurance (except insurance for a specified amount) taken out by the buyer for the damage case in question, the seller is liable only for any associated disadvantages of the buyer, for example higher insurance premiums or interest disadvantages until the claim is settled by the insurance provider.
- Independent of a fault of the seller, any liability of the seller in the case of fraudulent concealment of the defect, from the assumption of a guarantee or a procurement risk and according to the Product Liability Act remains unaffected.
- Liability due to default in delivery is conclusively regulated in section III.
- Personal liability of the legal representatives, vicarious agents and employees of the seller for damaged caused by them through slight negligence is ruled out.
- The liability limitations of this section do not apply in the case of injury to life, limb and health
- The domicile of the seller is the sole place of jurisdiction for all current and future claims from the business relationship with merchants, including cheques receivable.
- The same applies if the buyer does not have a general place of jurisdiction in his country of domicile, moves his domicile or usual residence out of his country of domicile after conclusion of the contract or his domicile or usual residence is unknown at the time of the complaint being filed. Otherwise, the domicile of the seller is considered to be the place of jurisdiction in the case of claims of the seller towards the buyer.
IX. Cancellation policy
- The following cancellation modalities apply to all distance selling contracts with consumers, i.e. all contracts that come into being exclusively via means of distance communication. The same applies to contracts with consumers that are concluded outside the business premises.
The buyer has the right to cancel this contract without stating reasons without fourteen days. The cancellation period amounts to fourteen days from the day on which the buyer or a third party named by him who is not the carrier have or has taken possession of the good. In order to exercise the cancellation right, the buyer must inform us, HCC-International e.K., Zu den Wiesen 16, 51147 Köln, Germany, telephone: +49 2241 932 66 55; fax: +49 2241 932 92 92, e-mail: email@example.com of his decision to cancel this contract by means of a clear declaration (for example, a letter sent by post, a fax or an e-mail). To comply with the cancellation period, it suffices for the buyer to send the communication regarding the exercise of the cancellation right prior to the end of the cancellation period.
Consequences of cancellation
If the buyer cancels this contract, the seller must pay back to him all the payments the seller has received from the buyer, including the delivery costs (with the exception of the additional costs resulting from the buyer’s choosing a different type of delivery to the one offered by the seller), without delay and within fourteen days from the day on which the communication regarding the cancellation of this contract was received by the seller at the latest. The seller uses the same method of payment for this repayment that the buyer used in the original transaction, unless something else was expressly agreed; however, at no event will we charge you fees due to this repayment. The repayment can be refused by the seller until he has received the purchase object back. The buyer must return the purchase object to the seller without delay and at all events within fourteen days from the day on which he has informed the seller about the cancellation of the contract at the latest. The costs of reimbursement are borne by the buyer.
X. Freedom from accidents
There is no warranty for freedom from accidents if this was not expressly warranted in writing. In particular, it must be assumed that, in the past, the vehicle suffered light damage that possibly led to a minor value reduction of not more than 5% of the vehicle value, a maximum of €500. However, this does not apply to accidental damage for whose rectification welding or straightening work was required.
XI. Arbitration body
If the seller or the intermediator is a member of the Bundesverband freier Kfz-Händler e.V. Bonn, the buyer can call on its arbitration body in writing in the case of dispute. Settlements proposals of the arbitration body are free for the buyer and are binding only if they are accepted by both parties. If an arbitration body becomes active as an arbitrator at the request of both parties, the declarations made by it are binding for both parties, unless they are obviously incorrect. Recourse to the courts is not ruled out by the decision of the arbitration body. If the arbitration body is invoked, the limitation for the duration of the process is put back. Invocation of the arbitration body is ruled out if legal action has already been taken. If legal action is taken during an arbitration process, the arbitration body discontinues its activity.
The addressee for contact with the arbitration body is BVfK e.V., Bundeskanzlerplatz/Reuterstr.241, 53113 Bonn, Germany
Tel.: +49 (0)228 – 85 40 921 FAX: +49 (0)228 – 85 40 928 E-mail: firstname.lastname@example.org www.automobilverband.de
XII. Accounts receivable management and collection
Our partner in the collection of outstanding debts is Creditreform