Important: This English text is a translation for information only. The German original remains legally authoritative. Section § 6 no. 9 is incomplete in the German source; this translation does not add a new contractual provision.

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German original (PDF)

1. These terms and conditions apply to all present and future business relationships.

2. A consumer is a natural person with whom a business relationship is established without the relationship being attributable to that person's commercial or self-employed professional activity. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who acts in the exercise of a commercial or self-employed professional activity. "Customer" means both consumers and entrepreneurs.

3. Deviating, conflicting or supplementary general terms do not become part of the contract, even if known, unless their application has been expressly accepted in writing.

1. Our offers are non-binding. Technical changes and changes in form, colour and/or weight remain reserved within the limits of reasonableness.

2. By ordering a motor vehicle, the customer makes a binding declaration of wanting to purchase the ordered vehicle. We may accept the contractual offer contained in the order within two weeks of receipt. Acceptance may be declared in writing or by delivering the vehicle to the customer.

3. If a consumer orders electronically, we will confirm receipt without undue delay. The receipt confirmation is not yet a binding acceptance. It may be combined with the declaration of acceptance.

4. The contract is subject to correct and timely delivery to us by our suppliers. This applies only where non-delivery is not our responsibility, in particular where a congruent covering transaction has been concluded with our supplier. We will inform the customer without undue delay if the service is unavailable and will refund the consideration without undue delay.

5. If the consumer orders electronically, we will store the contract text and send it to the customer by e-mail on request together with these terms and conditions.

1. In contracts with consumers, title to the vehicle remains reserved until the purchase price has been paid in full. In contracts with entrepreneurs, title remains reserved until all claims arising from the ongoing business relationship have been settled in full. During the retention of title, the entrepreneur has the right to possess the registration certificate Part II (vehicle document).

2. The customer may resell the vehicle in the ordinary course of business. The customer assigns to us in advance all claims in the amount of the invoice total arising against a third party from the resale. We accept the assignment. After the assignment, the entrepreneur remains authorised to collect the claim. We reserve the right to collect the claim ourselves once the entrepreneur fails to meet payment obligations properly and is in default.

1. The customer undertakes to pay the purchase price upon receipt of the vehicle and delivery or dispatch of the invoice. Otherwise the customer is in default of payment. During default, a consumer must pay interest at five percentage points above the base interest rate and an entrepreneur at eight percentage points above the base interest rate. In relation to an entrepreneur, we reserve the right to prove and claim greater damage caused by default.

2. The customer may set off claims only where the counterclaims have been legally established or acknowledged by us. A right of retention may be exercised only where the counterclaim is based on the same contractual relationship.

3. The customer must accept the purchased vehicle within eight days of receipt of the notice that it is ready. In the event of non-acceptance, an entrepreneur may exercise statutory rights. If the entrepreneur claims damages, these amount to a flat 20% of the purchase price. The damages may be set higher or lower if the entrepreneur proves greater damage or the customer proves that less or no damage occurred.

1. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration passes to the customer upon handover or, in a sale by shipment, upon delivery of the vehicle to the carrier, freight forwarder or other person or organisation designated to carry out the shipment.

2. If the customer is a consumer, the risk of accidental loss and accidental deterioration passes to the customer upon handover of the vehicle, including in a sale by shipment.

3. Handover is deemed to have occurred if the customer is in default of acceptance.

1. If the customer is an entrepreneur, we provide warranty for defects in a used vehicle, at our choice and only where expressly agreed in writing with the entrepreneur, initially by remedying the defect or supplying a replacement.

2. If the customer is a consumer, we are initially entitled to two attempts to remedy the defect within a reasonable period. A period of 20 working days is considered reasonable. If remedying the defect is economically unreasonable, subsequent performance will be provided by replacement delivery.

3. If subsequent performance fails, the customer may generally choose a reduction of the remuneration or rescission of the contract. In the case of only a minor breach, in particular only minor defects, the customer has no right of rescission.

4. Parts replaced during subsequent performance become our property. For parts installed to remedy defects, the customer may assert claims for defects under the purchase contract until the limitation period for the purchased vehicle expires.

5. Entrepreneurs must notify us in writing of obvious defects within two weeks of receiving the vehicle; otherwise the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all requirements of the claim, especially the defect, the time when it was discovered and the timeliness of the notice. Consumers must notify us in writing of obvious defects within two months after discovering the non-conforming condition. The notice must be received by us within the period. If the consumer fails to notify us, warranty rights expire two months after discovery. This does not apply in cases of fraudulent concealment by the entrepreneur. The consumer bears the burden of proving when the defect was discovered. If inaccurate statements by the manufacturer induced the consumer to purchase, the consumer bears the burden of proof for the purchase decision. For used vehicles, the consumer bears the burden of proof that the item was defective.

6. If, after failed subsequent performance, the customer chooses rescission because of a legal or material defect, the customer has no additional claim for damages because of the defect. If the customer chooses damages, the vehicle remains with the customer where this is reasonable. Damages are limited to the difference between the purchase price and the value of the defective vehicle. This does not apply where we caused the breach fraudulently.

7. We generally assume no warranty obligations towards entrepreneurs. For consumers, the limitation period is two years from delivery of a new vehicle and one year from delivery of a used vehicle. This does not apply where the customer failed to notify us of the defect in time.

8. We do not provide guarantees in the legal sense. Manufacturer guarantees remain unaffected.

9. The German original ends after stating that claims for defects concerning parts installed during the remedy of a defect may be asserted until the limitation period for the sold vehicle expires. The incomplete source wording is not extended by this translation.

1. In cases of slight negligence, our liability is limited to the foreseeable, contract-typical and direct average damage according to the nature of the vehicle. The same applies to slight negligence by our legal representatives or vicarious agents. In relation to entrepreneurs, we are not liable for the slightly negligent breach of non-essential contractual duties.

2. These limitations do not affect claims under product liability law. They also do not apply to bodily or health damage attributable to us or to loss of the customer's life.

3. Claims for damages because of a defect become time-barred one year after delivery of the vehicle. This does not apply in cases of gross fault or bodily or health damage attributable to us, or loss of the customer's life.

1. The law of the Federal Republic of Germany applies. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

2. If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office in Düsseldorf. The same applies if the customer has no general place of jurisdiction in Germany or if the customer's domicile or habitual residence is unknown when proceedings are commenced.

3. If individual provisions of the contract, including these terms and conditions, are or become wholly or partly invalid, the validity of the remaining provisions is not affected. The invalid provision is to be replaced by a provision whose economic result comes as close as possible to that of the invalid provision.