This English translation is provided for convenience only. The German version is legally binding. Read the German version
These General Terms and Conditions (GTC) apply to all contracts between K&S Automobile GmbH, Wesermünder Str. 12, 27568 Bremerhaven (hereinafter “Provider”) and the customer concerning the sale of used vehicles, the purchase of vehicles and the services offered on this website (registration, re-registration, car detailing).
Deviating terms of the customer only become effective if the Provider expressly agrees to them in text form.
The presentation of vehicles and services on this website does not constitute a legally binding offer, but a non-binding invitation to submit an enquiry. By submitting a form – for example a vehicle enquiry or a car buying enquiry – the customer does not yet place a binding order.
A contract is only concluded when both parties sign a written purchase, vehicle buying or service contract, or when the Provider expressly confirms an enquiry in text form. The Provider's offers to buy a vehicle are subject to change and subject to inspection of the vehicle; unless stated otherwise, they are valid for seven days.
All prices are in euros and include statutory VAT, unless expressly stated otherwise. For used vehicles, the margin scheme under Section 25a of the German Value Added Tax Act (UStG) may apply; in this case, VAT cannot be shown separately.
Unless otherwise agreed, the purchase price is due in full on handover of the vehicle. When buying a vehicle, the Provider pays the agreed amount on handover of the vehicle and the complete documents.
Handover generally takes place at the Provider's place of business, unless otherwise agreed. The vehicle remains the property of the Provider until payment has been made in full.
A statutory right of withdrawal only exists for contracts concluded exclusively by means of distance communication or outside business premises (Sections 312g and 355 of the German Civil Code, BGB). Contracts concluded on site at the Provider's business premises – as is customary when buying a vehicle – are not covered.
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (K&S Automobile GmbH, Wesermünder Str. 12, 27568 Bremerhaven, phone 0471 ? 9218189, email info@ks-autoankaufstation.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You will have to bear the direct cost of returning the goods. In the case of a vehicle, these costs may be considerable depending on distance and condition. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The statutory warranty applies to consumers. For used vehicles, the limitation period for warranty claims is reduced to one year from handover, insofar as this is legally permissible. The reduction does not apply to claims for damages arising from injury to life, body or health, in cases of intent or gross negligence, or in the case of fraudulently concealed defects.
In relation to entrepreneurs, used vehicles are sold with warranty excluded, insofar as legally permissible.
Signs of wear consistent with the age and mileage of the vehicle, as well as defects expressly named in the contract, do not constitute a material defect.
The customer warrants that they are the owner of the vehicle offered with unrestricted power of disposal and that all information on its condition, mileage, previous damage and accident history has been provided truthfully. If the inspection reveals that the vehicle deviates significantly from the information provided, the Provider is not bound by the offer previously made.
The Provider is liable without limitation in cases of intent and gross negligence and for damages arising from injury to life, body or health. In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Liability is otherwise excluded.
Information on the processing of personal data can be found in our privacy policy.
The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider's registered office. Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
Note: this text is a template and must be replaced with a legally reviewed version before going live. In particular, the cancellation policy, the warranty provisions and the VAT information must be reviewed by a lawyer before publication.