Terms and Conditions
The following terms and conditions of sale apply between auto mega store GmbH with its registered office in Landshut, registered in the Commercial Register of the Landshut District Court, HRB No. 11535, with its registered office at Meisenstraße 7, D-84030 Ergolding ("Seller") and the "Buyer", for all services, deliveries and offers:
1.Conclusion of contract, transfer of rights and obligations
(1) Insofar as the contract is not concluded immediately, the Buyer shall be bound by his binding order for five (5) working days, in the case of commercial vehicles or insofar as an appraisal is carried out by an expert (section IV, paragraph 2), for two (2) weeks. The purchase contract shall be concluded if the Seller confirms acceptance of the order for the object of purchase specified in more detail in text form within the respective period or executes the delivery. The seller is obliged to inform the orderer immediately if he does not accept the order.
(2) A transfer of rights and/or obligations of the buyer from the purchase contract requires the consent of the seller in text form. This does not apply to claims for money.
2. prices & terms of payment; retention of title
(1) Unless otherwise agreed, the purchase price and the prices for any ancillary services shall be due for payment upon handover of the object of purchase and handing over or sending of the invoice. However, the Seller shall be entitled at any time to make a delivery in whole or in part only against advance payment; the Seller shall agree a corresponding reservation with the Buyer at the time of the binding order.
(2) Payments can only be made at the seller's business premises or by bank transfer to the bank account specified by the seller. Technical staff, drivers and service staff in the field are not authorised to collect payments.
(3) Except for synallagmatically linked counterclaims from the same contract, the Buyer may only offset claims of the Seller with undisputed or legally established claims. Statutory, judicial and official prohibitions of set-off shall remain unaffected.
(4) The buyer may only exercise a right of retention against claims of the seller insofar as his justified counterclaim arises from the same contractual relationship.
(5) The object of purchase shall remain the property of the seller until full payment of all claims arising from this contract.
3. delivery and performance time, delay in delivery
(1) Delivery dates or deadlines are non-binding unless they have been expressly agreed as binding.
(2) If the Seller exceeds a non-binding delivery period or a non-binding delivery date by one (1) week, the Buyer may request the Seller in text form to perform within a reasonable period. If the Seller culpably fails to comply with a delivery period or delivery date expressly agreed as binding or if the Seller is in default for any other reason, the Buyer shall grant the Seller a reasonable grace period for performance. If this period of grace expires fruitlessly, the buyer is entitled to withdraw from the purchase contract.
(3) Subject to section V. para. 5, the seller shall be liable in accordance with the statutory provisions if the contract is a transaction for delivery by a fixed date or if the buyer is entitled to invoke the cessation of interest in the performance of the contract as a result of a delay in delivery for which the seller is responsible. Insofar as the seller is only responsible for simple negligence, he shall be liable - subject to section V. para. 5 - for damages caused by the delay limited to 5 % of the purchase price and, if the buyer demands compensation instead of performance, limited to 10 % of the purchase price.
4. vehicle characteristics, separate assessment
(1) Agreements on quality or even guarantees of quality are only made if they are expressly guaranteed by the seller in this contract (binding order, order confirmation and these terms and conditions of sale). If the seller states that details are based on information from third parties, such as previous owners (e.g. total mileage, accident-free status or type of previous use), these are merely statements of knowledge. If the buyer's attention has been drawn to the object of purchase by (Internet) advertisements, information given there by third parties does not constitute an agreement as to quality. Any descriptions deviating from this contract (binding order, confirmation of order and these terms and conditions of sale) generated in advance by third parties or automatically are expressly revoked. If and insofar as there is no agreement on quality, the statutory provisions shall apply.
(2) Insofar as the buyer has an expert's examination of the object of purchase, e.g. Dekra seal examination, which is offered to him separately and for which a charge is made, the findings there do not constitute a statement by the seller. However, the buyer may not invoke a defectiveness in this respect pursuant to § 442 (1) of the German Civil Code (BGB) insofar as the findings there are correct.
5. Warranty; Liability
(1) If the Buyer - irrespective of the Seller's statutory liability for material defects or defects of title - has concluded a follow-up guarantee offered to him at a charge, the rights and obligations in this respect shall be governed solely by the separately agreed follow-up guarantee; statutory rights and obligations due to defects shall remain unaffected.
(2) In all cases of contractual and non-contractual liability, the Seller shall be liable to the Buyer for damages or reimbursement of futile expenses in the event of intent and gross negligence in accordance with the statutory provisions.
(3) In other cases, i.e. in particular in the case of simple negligence, the Seller shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Buyer may regularly rely (so-called "cardinal obligation"), and even then limited to compensation for the foreseeable and typical damage. In all other cases, however, the Seller's liability for damages or reimbursement of futile expenses is excluded, subject to Section V, Paragraph 5.
(4) The above limitations of warranty and/or liability shall not apply:
- to the liability of the Seller or its legal representatives or vicarious agents due to intentional or grossly negligent conduct,
- to damages arising from injury to life, limb or health,
- to guaranteed characteristics,
- to fraudulently concealed defects,
- to liability under the Product Liability Act.
6. acceptance
(1) If the Buyer does not comply with one or more of its obligations, in particular to accept the purchased item and to pay the agreed purchase price, for more than eight (8) days from the notification of provision, the Seller may grant the Buyer a reasonable period of grace and, after the expiry of this period or, insofar as the setting of a period is dispensable (e.g. because the Buyer seriously and finally refuses to accept the item), withdraw from the contract and/or claim damages instead of performance.
(2) If the seller demands compensation for damages instead of performance, this shall amount to a flat rate of 10% of the gross purchase price for used cars and 15% of the gross purchase price for new cars. The buyer shall be entitled to prove that no damage at all or significantly less damage than the lump sum has occurred. The seller, on the other hand, is entitled to prove that the damage is higher than the lump sum.
7. final provisions: Choice of law, collateral agreements and severability clause
(1) These Terms and Conditions of Sale and the contractual relationship between the Seller and the Buyer shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) There are no verbal ancillary agreements; insofar as changes are made subsequently, these require confirmation in text form by a person authorised to represent the Seller, even if the Seller accepts the order or carries out the delivery in the meantime.
(3) Insofar as individual provisions of these Terms and Conditions of Sale have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions. The remaining provisions of the Terms and Conditions of Sale shall remain unaffected thereby.
1.Conclusion of contract, transfer of rights and obligations
(1) Insofar as the contract is not concluded immediately, the Buyer shall be bound by his binding order for five (5) working days, in the case of commercial vehicles or insofar as an appraisal is carried out by an expert (section IV, paragraph 2), for two (2) weeks. The purchase contract shall be concluded if the Seller confirms acceptance of the order for the object of purchase specified in more detail in text form within the respective period or executes the delivery. The seller is obliged to inform the orderer immediately if he does not accept the order.
(2) A transfer of rights and/or obligations of the buyer from the purchase contract requires the consent of the seller in text form. This does not apply to claims for money.
2. prices & terms of payment; retention of title
(1) Unless otherwise agreed, the purchase price and the prices for any ancillary services shall be due for payment upon handover of the object of purchase and handing over or sending of the invoice. However, the Seller shall be entitled at any time to make a delivery in whole or in part only against advance payment; the Seller shall agree a corresponding reservation with the Buyer at the time of the binding order.
(2) Payments can only be made at the seller's business premises or by bank transfer to the bank account specified by the seller. Technical staff, drivers and service staff in the field are not authorised to collect payments.
(3) Except for synallagmatically linked counterclaims from the same contract, the Buyer may only offset claims of the Seller with undisputed or legally established claims. Statutory, judicial and official prohibitions of set-off shall remain unaffected.
(4) The buyer may only exercise a right of retention against claims of the seller insofar as his justified counterclaim arises from the same contractual relationship.
(5) The object of purchase shall remain the property of the seller until full payment of all claims arising from this contract.
3. delivery and performance time, delay in delivery
(1) Delivery dates or deadlines are non-binding unless they have been expressly agreed as binding.
(2) If the Seller exceeds a non-binding delivery period or a non-binding delivery date by one (1) week, the Buyer may request the Seller in text form to perform within a reasonable period. If the Seller culpably fails to comply with a delivery period or delivery date expressly agreed as binding or if the Seller is in default for any other reason, the Buyer shall grant the Seller a reasonable grace period for performance. If this period of grace expires fruitlessly, the buyer is entitled to withdraw from the purchase contract.
(3) Subject to section V. para. 5, the seller shall be liable in accordance with the statutory provisions if the contract is a transaction for delivery by a fixed date or if the buyer is entitled to invoke the cessation of interest in the performance of the contract as a result of a delay in delivery for which the seller is responsible. Insofar as the seller is only responsible for simple negligence, he shall be liable - subject to section V. para. 5 - for damages caused by the delay limited to 5 % of the purchase price and, if the buyer demands compensation instead of performance, limited to 10 % of the purchase price.
4. vehicle characteristics, separate assessment
(1) Agreements on quality or even guarantees of quality are only made if they are expressly guaranteed by the seller in this contract (binding order, order confirmation and these terms and conditions of sale). If the seller states that details are based on information from third parties, such as previous owners (e.g. total mileage, accident-free status or type of previous use), these are merely statements of knowledge. If the buyer's attention has been drawn to the object of purchase by (Internet) advertisements, information given there by third parties does not constitute an agreement as to quality. Any descriptions deviating from this contract (binding order, confirmation of order and these terms and conditions of sale) generated in advance by third parties or automatically are expressly revoked. If and insofar as there is no agreement on quality, the statutory provisions shall apply.
(2) Insofar as the buyer has an expert's examination of the object of purchase, e.g. Dekra seal examination, which is offered to him separately and for which a charge is made, the findings there do not constitute a statement by the seller. However, the buyer may not invoke a defectiveness in this respect pursuant to § 442 (1) of the German Civil Code (BGB) insofar as the findings there are correct.
5. Warranty; Liability
(1) If the Buyer - irrespective of the Seller's statutory liability for material defects or defects of title - has concluded a follow-up guarantee offered to him at a charge, the rights and obligations in this respect shall be governed solely by the separately agreed follow-up guarantee; statutory rights and obligations due to defects shall remain unaffected.
(2) In all cases of contractual and non-contractual liability, the Seller shall be liable to the Buyer for damages or reimbursement of futile expenses in the event of intent and gross negligence in accordance with the statutory provisions.
(3) In other cases, i.e. in particular in the case of simple negligence, the Seller shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Buyer may regularly rely (so-called "cardinal obligation"), and even then limited to compensation for the foreseeable and typical damage. In all other cases, however, the Seller's liability for damages or reimbursement of futile expenses is excluded, subject to Section V, Paragraph 5.
(4) The above limitations of warranty and/or liability shall not apply:
- to the liability of the Seller or its legal representatives or vicarious agents due to intentional or grossly negligent conduct,
- to damages arising from injury to life, limb or health,
- to guaranteed characteristics,
- to fraudulently concealed defects,
- to liability under the Product Liability Act.
6. acceptance
(1) If the Buyer does not comply with one or more of its obligations, in particular to accept the purchased item and to pay the agreed purchase price, for more than eight (8) days from the notification of provision, the Seller may grant the Buyer a reasonable period of grace and, after the expiry of this period or, insofar as the setting of a period is dispensable (e.g. because the Buyer seriously and finally refuses to accept the item), withdraw from the contract and/or claim damages instead of performance.
(2) If the seller demands compensation for damages instead of performance, this shall amount to a flat rate of 10% of the gross purchase price for used cars and 15% of the gross purchase price for new cars. The buyer shall be entitled to prove that no damage at all or significantly less damage than the lump sum has occurred. The seller, on the other hand, is entitled to prove that the damage is higher than the lump sum.
7. final provisions: Choice of law, collateral agreements and severability clause
(1) These Terms and Conditions of Sale and the contractual relationship between the Seller and the Buyer shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) There are no verbal ancillary agreements; insofar as changes are made subsequently, these require confirmation in text form by a person authorised to represent the Seller, even if the Seller accepts the order or carries out the delivery in the meantime.
(3) Insofar as individual provisions of these Terms and Conditions of Sale have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions. The remaining provisions of the Terms and Conditions of Sale shall remain unaffected thereby.