Our Conditions of Use | SportsCarSelection Hamburg | Cote Dazur

Our Conditions of Use

OUR CONDITIONS OF USE

General terms and conditions for the sale of new motor vehicles

the following terms and conditions take into account the fact that the vehicles are not in large-series production, but to a large extent individually after ordering in small quantities. Therefore, not to be delivered from the seller’s warehouse vehicles longer deadlines for the acceptance of the contract to clarify the delivery of the seller and the buyer desired delivery time is required.

I conclusion of contract / Transfer of rights and obligations

of the buyer is four weeks bound by the order. The purchase contract is concluded if the Seller’s acceptance of the order from the specified object of the purchase has been confirmed in writing within this period or the delivery is executed.

II subject to cancellation

due to the artisanal production of the vehicles were made in small quantities the supplier or the manufacturer reserves the right, in spite of the promise given to the seller, the delivery of the seller. Therefore, the seller may withdraw from this agreement, if he obtained with the vehicle despite the promise to fulfill this order will not be delivered. The seller has in this case the resignation toward the Buyer to immediately declare a about deposit paid by the buyer, repay immediately.

III nature of the subject matter

the quality of the purchased item is derived from its description. Changes remain reserved, insofar as these are reasonable for the buyer and irrelevant.

IV Prices

The purchase price is without cash discount or other discounts. Arrangements for Additional Services will be invoiced separately. Price changes are permitted only if the delivery of more than four months after conclusion of the contract and the recommended retail price, if any, the dealer purchasing price for the purchase object has been changed. Then the following applies the change to the amount of the modified purchase price. If the price increase amounts to 5% or more, the buyer of the contract concluded within three weeks from receipt of notification of the price increase. In the event of cancellation is the non-interest-bearing deposit refund provided immediately. In the purchase contract is a fixed price is set, then the following applies on the day of delivery valid recommended the manufacturer’s list price.

 

V Payment

of the purchase price and prices for ancillary services are to be paid in cash at the latest when taking over completely. The pay is not later than eight days after the notification of provision of the vehicle to transfer and transmission of the invoice. A settlement of the purchase price with the buyer’s claims – for whatever reason – is expressly excluded.

VI Delivery and Delay in Delivery

Delivery dates and delivery periods that can be agreed on a binding or non-binding, are to be indicated in writing. Delivery periods shall begin on the date of receipt of the deposit agreed upon conclusion of the contract. The buyer can only urge the seller to deliver, if the non-binding delivery date is exceeded by six weeks. Force majeure or the seller or its suppliers be liable for any operating faults, which temporarily prevent the seller through no fault of their own, the object of the purchase on the agreed date or within the agreed period, have no contract to deliver cancelling effect. Corresponding disturbances lead to a performance delay of more than 4 months, the buyer can withdraw from the contract.

VII acceptance

of the buyer is obliged to take the purchase object within 8 days after receipt of notification of readiness. In the case of non-acceptance the seller can make use of his legal rights and about the object of purchase. The seller demands compensation for damages, this shall amount to at least 15% of the purchase price. The compensation is higher if the seller a prove higher damages.

 

VIII Retention of title

the handing over of the goods takes place under retention of title of the Seller until all obligations of the buyer under the Purchase Contract as may have completed leasing, credit, or financing contracts. In case of payment arrears by the buyer the seller can withdraw from the purchase contract. As long as the retention of title, the purchaser of the purchase object neither nor third parties have contractually agreed to give a use. For the duration of retention of title shall have the right to possession of the vehicle letter to the seller.

IX

claims for material defects of the buyer for defects shall become statute-barred on new vehicles to the manufacturer and the seller according to the statutory provisions in two years from the date of delivery of the object of the purchase. Claims for rectification of defects, the buyer to the seller or another from the manufacturer/importer for the service of the purchase object recognized. The object of the purchase is due to a defect, the buyer has to become inoperative, the manufacturer/importer for the service of the object of purchase to contact the nearest recognized. Any replaced parts shall become the property of the seller. Built-in parts for defects, the liability for material defects until expiry of the limitation period for the purchase object. Any warranty claims of the SELLER against third parties, shall enter into force the seller to the buyer with the conclusion of the contract of sale for the out-of-court as judicial assertion.

X Liability

The seller has as a result of the statutory regulations in accordance with these conditions, for a damage was caused due to slight negligence, the seller is liable is limited. The Liability exists only in case of violation of essential contractual obligations and is limited to typical damages foreseeable at the time of contract conclusion. This restriction does not apply in case of injury to life, body and health. If the damage is covered by an insurance policy taken out by the buyer for the respective damage case (with the exception of sum insurance) is satisfied, the seller shall only be liable for any associated disadvantages of the buyer, such as higher insurance premiums or interest disadvantages until the claims by the insurance company. For negligent damage caused by a defect in the purchased item is not stuck. Regardless of any fault of the seller remains a possible liability of the seller’s liability for fraudulent concealment of the defect from the assumption of a guarantee under the Product Liability Act remain unaffected. Excluded is the personal liability of the legal representatives, vicarious agents and employees of the Seller for damages caused by slight negligence. A collector at the time of delivery, the carrier, aircraft transport, ship, etc., the transfer of risk transfer.

  1. Court of Jurisdiction, Applicable Law
    For all claims arising from this contract shall be governed by the law of the Federal Republic of Germany.
    The exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be Hamburg, if the buyer is a merchant, a legal person under public law or a special fund under public law. The same applies if he has no general place of jurisdiction in Germany, after the conclusion of the contract domiciled or habitually resident abroad.

XII other

transfers of rights and duties of the buyer under the Purchase Contract require the written consent of the seller.

 

General terms and conditions for the sale of new motor vehicles

the following terms and conditions take into account the fact that the vehicles are not in large-series production, but to a large extent individually after ordering in small quantities. Therefore, not to be delivered from the seller’s warehouse vehicles longer deadlines for the acceptance of the contract to clarify the delivery of the seller and the buyer desired delivery time is required.

I conclusion of contract / Transfer of rights and obligations

of the buyer is four weeks bound by the order. The purchase contract is concluded if the Seller’s acceptance of the order from the specified object of the purchase has been confirmed in writing within this period or the delivery is executed.

II subject to cancellation

due to the artisanal production of the vehicles were made in small quantities the supplier or the manufacturer reserves the right, in spite of the promise given to the seller, the delivery of the seller. Therefore, the seller may withdraw from this agreement, if he obtained with the vehicle despite the promise to fulfill this order will not be delivered. The seller has in this case the resignation toward the Buyer to immediately declare a about deposit paid by the buyer, repay immediately.

III nature of the subject matter

the quality of the purchased item is derived from its description. Changes remain reserved, insofar as these are reasonable for the buyer and irrelevant.

IV Prices

The purchase price is without cash discount or other discounts. Arrangements for Additional Services will be invoiced separately. Price changes are permitted only if the delivery of more than four months after conclusion of the contract and the recommended retail price, if any, the dealer purchasing price for the purchase object has been changed. Then the following applies the change to the amount of the modified purchase price. If the price increase amounts to 5% or more, the buyer of the contract concluded within three weeks from receipt of notification of the price increase. In the event of cancellation is the non-interest-bearing deposit refund provided immediately. In the purchase contract is a fixed price is set, then the following applies on the day of delivery valid recommended the manufacturer’s list price.

 

V Payment

of the purchase price and prices for ancillary services are to be paid in cash at the latest when taking over completely. The pay is not later than eight days after the notification of provision of the vehicle to transfer and transmission of the invoice. A settlement of the purchase price with the buyer’s claims – for whatever reason – is expressly excluded.

VI Delivery and Delay in Delivery

Delivery dates and delivery periods that can be agreed on a binding or non-binding, are to be indicated in writing. Delivery periods shall begin on the date of receipt of the deposit agreed upon conclusion of the contract. The buyer can only urge the seller to deliver, if the non-binding delivery date is exceeded by six weeks. Force majeure or the seller or its suppliers be liable for any operating faults, which temporarily prevent the seller through no fault of their own, the object of the purchase on the agreed date or within the agreed period, have no contract to deliver cancelling effect. Corresponding disturbances lead to a performance delay of more than 4 months, the buyer can withdraw from the contract.

VII acceptance

of the buyer is obliged to take the purchase object within 8 days after receipt of notification of readiness. In the case of non-acceptance the seller can make use of his legal rights and about the object of purchase. The seller demands compensation for damages, this shall amount to at least 15% of the purchase price. The compensation is higher if the seller a prove higher damages.

 

VIII Retention of title

the handing over of the goods takes place under retention of title of the Seller until all obligations of the buyer under the Purchase Contract as may have completed leasing, credit, or financing contracts. In case of payment arrears by the buyer the seller can withdraw from the purchase contract. As long as the retention of title, the purchaser of the purchase object neither nor third parties have contractually agreed to give a use. For the duration of retention of title shall have the right to possession of the vehicle letter to the seller.

IX

claims for material defects of the buyer for defects shall become statute-barred on new vehicles to the manufacturer and the seller according to the statutory provisions in two years from the date of delivery of the object of the purchase. Claims for rectification of defects, the buyer to the seller or another from the manufacturer/importer for the service of the purchase object recognized. The object of the purchase is due to a defect, the buyer has to become inoperative, the manufacturer/importer for the service of the object of purchase to contact the nearest recognized. Any replaced parts shall become the property of the seller. Built-in parts for defects, the liability for material defects until expiry of the limitation period for the purchase object. Any warranty claims of the SELLER against third parties, shall enter into force the seller to the buyer with the conclusion of the contract of sale for the out-of-court as judicial assertion.

X Liability

The seller has as a result of the statutory regulations in accordance with these conditions, for a damage was caused due to slight negligence, the seller is liable is limited. The Liability exists only in case of violation of essential contractual obligations and is limited to typical damages foreseeable at the time of contract conclusion. This restriction does not apply in case of injury to life, body and health. If the damage is covered by an insurance policy taken out by the buyer for the respective damage case (with the exception of sum insurance) is satisfied, the seller shall only be liable for any associated disadvantages of the buyer, such as higher insurance premiums or interest disadvantages until the claims by the insurance company. For negligent damage caused by a defect in the purchased item is not stuck. Regardless of any fault of the seller remains a possible liability of the seller’s liability for fraudulent concealment of the defect from the assumption of a guarantee under the Product Liability Act remain unaffected. Excluded is the personal liability of the legal representatives, vicarious agents and employees of the Seller for damages caused by slight negligence. A collector at the time of delivery, the carrier, aircraft transport, ship, etc., the transfer of risk transfer.

  1. Court of Jurisdiction, Applicable Law
    For all claims arising from this contract shall be governed by the law of the Federal Republic of Germany.
    The exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be Hamburg, if the buyer is a merchant, a legal person under public law or a special fund under public law. The same applies if he has no general place of jurisdiction in Germany, after the conclusion of the contract domiciled or habitually resident abroad.

XII other

transfers of rights and duties of the buyer under the Purchase Contract require the written consent of the seller.

 

General terms and conditions for the sale of used motor vehicles

the following terms and conditions take into account the fact that the vehicles are not in large-series production, but to a large extent individually after ordering in small quantities. Therefore, not to be delivered from the seller’s warehouse vehicles longer deadlines for the acceptance of the contract to clarify the delivery of the seller and the buyer desired delivery time is required.

I conclusion of contract / Transfer of rights and obligations

of the buyer is four weeks bound by the order. The purchase contract is concluded if the Seller’s acceptance of the order from the specified object of the purchase has been confirmed in writing within this period or the delivery is executed.

II subject to cancellation

due to the artisanal production of the vehicles were made in small quantities the supplier or the manufacturer reserves the right, in spite of the promise given to the seller, the delivery of the seller. Therefore, the seller may withdraw from this agreement, if he obtained with the vehicle despite the promise to fulfill this order will not be delivered. The seller has in this case the resignation toward the Buyer to immediately declare a about deposit paid by the buyer, repay immediately.

III nature of the subject matter

the quality of the purchased item is derived from its description. Changes remain reserved, insofar as these are reasonable for the buyer and irrelevant.

IV Prices

The purchase price is without cash discount or other discounts. Arrangements for Additional Services will be invoiced separately. In the event of cancellation is the non-interest-bearing deposit refund provided immediately.

V Payment

of the purchase price and prices for ancillary services are to be paid in cash at the latest when taking over completely. The pay is not later than eight days after the notification of provision of the vehicle to transfer and transmission of the invoice. A settlement of the purchase price with the buyer’s claims – for whatever reason – is expressly excluded.

 

VI Delivery and Delay in Delivery

Delivery dates and delivery periods that can be agreed on a binding or non-binding, are to be indicated in writing. Delivery periods begin with the conclusion of the contract. The buyer can only urge the seller to deliver, if the non-binding delivery date is exceeded by four weeks. Force majeure or the seller or its suppliers be liable for any operating faults, which temporarily prevent the seller through no fault of their own, the object of the purchase on the agreed date or within the agreed period, have no contract to deliver cancelling effect. Corresponding disturbances lead to a performance delay of more than 4 months, the buyer can withdraw from the contract. Other rights of rescission remain untouched.

VII acceptance

of the buyer is obliged to take the purchase object within 8 days after receipt of notification of readiness. In the case of non-acceptance the seller can make use of his legal rights and about the object of purchase. The seller demands compensation for damages, this shall amount to at least 15% of the purchase price. The compensation is higher if the seller a prove higher damages.

VIII Retention of title

the handing over of the goods takes place under retention of title of the Seller until all obligations of the buyer under the Purchase Contract as may have completed leasing, credit, or financing contracts. In case of payment arrears by the buyer the seller can withdraw from the purchase contract. As long as the retention of title, the purchaser of the purchase object neither nor third parties have contractually agreed to give a use. For the duration of retention of title shall have the right to possession of the vehicle letter to the seller. If the buyer is a legal person governed by public law, a special fund under public law, or an entrepreneur who, at the conclusion of the contract in exercise of his commercial or independent professional activity, the retention of title also apply to claims of the Seller against the buyer from the ongoing business relationship until the settlement of claims in connection with the purchase. At the request of the buyer the seller is obliged to renounce the retention of title, if the buyer all with the object of purchase in the related receivables and other receivables for the incontestable has fulfilled from the ongoing business relationship an adequate backup.

IX claims for material defects 

claims for material defects of the buyer for defects shall lapse after one year from delivery of the merchandise to the customer. If the buyer is a legal person governed by public law, a special fund under public law, or an entrepreneur who, at the conclusion of the contract in exercise of his commercial or independent professional activity, the sale takes place under exclusion of any claims for material defects. Further claims shall remain unaffected, provided that the seller is liable due to mandatory statutory law or otherwise expressly agreed, in particular in the case of assumption of a guarantee. Claims based on defects, the buyer to the seller. In the case of oral view claims the buyer is a written confirmation of the receipt of the notification. The object of the purchase is inoperative due to a defect, the purchaser may, with the prior consent of the seller to another specialist vehicle operation. For the built-in parts in the context of a defect, the buyer shall be entitled to up to the expiry of the period of limitation of the purchase object on the basis of the purchase contract assert claims for material defects. Any replaced parts shall become the property of the seller. Section IX defects; this shall not apply to claims for damages shall apply to claims for liability section X.

 

X Liability

The seller has as a result of the statutory regulations in accordance with these conditions, for a damage was caused due to slight negligence, the seller is liable is limited. The Liability exists only in case of violation of essential contractual obligations and is limited to typical damages foreseeable at the time of contract conclusion. This restriction does not apply in case of injury to life, body and health. If the damage is covered by an insurance policy taken out by the buyer for the respective damage case (with the exception of sum insurance) is satisfied, the seller shall only be liable for any associated disadvantages of the buyer, such as higher insurance premiums or interest disadvantages until the claims by the insurance company. For negligent damage caused by a defect in the purchased item is not stuck. Regardless of any fault of the seller remains a possible liability of the seller’s liability for fraudulent concealment of the defect from the assumption of a guarantee under the Product Liability Act remain unaffected. Excluded is the personal liability of the legal representatives, vicarious agents and employees of the Seller for damages caused by slight negligence. A collector at the time of delivery, the carrier, aircraft transport, ship, etc., the transfer of risk transfer.

1. Court of Jurisdiction, Applicable Law

For all present or future claims arising from this contract shall be governed by the law of the Federal Republic of Germany.

The exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be Hamburg, if the buyer is a merchant, a legal person under public law or a special fund under public law. The same applies if he has no general place of jurisdiction in Germany, after the conclusion of the contract domiciled or habitually resident abroad.

XII other

transfers of rights and duties of the buyer under the Purchase Contract require the written consent of the seller.

 

General terms and conditions for the sale of used motor vehicles

the following terms and conditions take into account the fact that the vehicles are not in large-series production, but to a large extent individually after ordering in small quantities. Therefore, not to be delivered from the seller’s warehouse vehicles longer deadlines for the acceptance of the contract to clarify the delivery of the seller and the buyer desired delivery time is required.

I conclusion of contract / Transfer of rights and obligations

of the buyer is four weeks bound by the order. The purchase contract is concluded if the Seller’s acceptance of the order from the specified object of the purchase has been confirmed in writing within this period or the delivery is executed.

II subject to cancellation

due to the artisanal production of the vehicles were made in small quantities the supplier or the manufacturer reserves the right, in spite of the promise given to the seller, the delivery of the seller. Therefore, the seller may withdraw from this agreement, if he obtained with the vehicle despite the promise to fulfill this order will not be delivered. The seller has in this case the resignation toward the Buyer to immediately declare a about deposit paid by the buyer, repay immediately.

III nature of the subject matter

the quality of the purchased item is derived from its description. Changes remain reserved, insofar as these are reasonable for the buyer and irrelevant.

IV Prices

The purchase price is without cash discount or other discounts. Arrangements for Additional Services will be invoiced separately. In the event of cancellation is the non-interest-bearing deposit refund provided immediately.

V Payment

of the purchase price and prices for ancillary services are to be paid in cash at the latest when taking over completely. The pay is not later than eight days after the notification of provision of the vehicle to transfer and transmission of the invoice. A settlement of the purchase price with the buyer’s claims – for whatever reason – is expressly excluded.

 

VI Delivery and Delay in Delivery

Delivery dates and delivery periods that can be agreed on a binding or non-binding, are to be indicated in writing. Delivery periods begin with the conclusion of the contract. The buyer can only urge the seller to deliver, if the non-binding delivery date is exceeded by four weeks. Force majeure or the seller or its suppliers be liable for any operating faults, which temporarily prevent the seller through no fault of their own, the object of the purchase on the agreed date or within the agreed period, have no contract to deliver cancelling effect. Corresponding disturbances lead to a performance delay of more than 4 months, the buyer can withdraw from the contract. Other rights of rescission remain untouched.

VII acceptance

of the buyer is obliged to take the purchase object within 8 days after receipt of notification of readiness. In the case of non-acceptance the seller can make use of his legal rights and about the object of purchase. The seller demands compensation for damages, this shall amount to at least 15% of the purchase price. The compensation is higher if the seller a prove higher damages.

VIII Retention of title

the handing over of the goods takes place under retention of title of the Seller until all obligations of the buyer under the Purchase Contract as may have completed leasing, credit, or financing contracts. In case of payment arrears by the buyer the seller can withdraw from the purchase contract. As long as the retention of title, the purchaser of the purchase object neither nor third parties have contractually agreed to give a use. For the duration of retention of title shall have the right to possession of the vehicle letter to the seller. If the buyer is a legal person governed by public law, a special fund under public law, or an entrepreneur who, at the conclusion of the contract in exercise of his commercial or independent professional activity, the retention of title also apply to claims of the Seller against the buyer from the ongoing business relationship until the settlement of claims in connection with the purchase. At the request of the buyer the seller is obliged to renounce the retention of title, if the buyer all with the object of purchase in the related receivables and other receivables for the incontestable has fulfilled from the ongoing business relationship an adequate backup.

IX claims for material defects 

claims for material defects of the buyer for defects shall lapse after one year from delivery of the merchandise to the customer. If the buyer is a legal person governed by public law, a special fund under public law, or an entrepreneur who, at the conclusion of the contract in exercise of his commercial or independent professional activity, the sale takes place under exclusion of any claims for material defects. Further claims shall remain unaffected, provided that the seller is liable due to mandatory statutory law or otherwise expressly agreed, in particular in the case of assumption of a guarantee. Claims based on defects, the buyer to the seller. In the case of oral view claims the buyer is a written confirmation of the receipt of the notification. The object of the purchase is inoperative due to a defect, the purchaser may, with the prior consent of the seller to another specialist vehicle operation. For the built-in parts in the context of a defect, the buyer shall be entitled to up to the expiry of the period of limitation of the purchase object on the basis of the purchase contract assert claims for material defects. Any replaced parts shall become the property of the seller. Section IX defects; this shall not apply to claims for damages shall apply to claims for liability section X.

 

X Liability

The seller has as a result of the statutory regulations in accordance with these conditions, for a damage was caused due to slight negligence, the seller is liable is limited. The Liability exists only in case of violation of essential contractual obligations and is limited to typical damages foreseeable at the time of contract conclusion. This restriction does not apply in case of injury to life, body and health. If the damage is covered by an insurance policy taken out by the buyer for the respective damage case (with the exception of sum insurance) is satisfied, the seller shall only be liable for any associated disadvantages of the buyer, such as higher insurance premiums or interest disadvantages until the claims by the insurance company. For negligent damage caused by a defect in the purchased item is not stuck. Regardless of any fault of the seller remains a possible liability of the seller’s liability for fraudulent concealment of the defect from the assumption of a guarantee under the Product Liability Act remain unaffected. Excluded is the personal liability of the legal representatives, vicarious agents and employees of the Seller for damages caused by slight negligence. A collector at the time of delivery, the carrier, aircraft transport, ship, etc., the transfer of risk transfer.

1. Court of Jurisdiction, Applicable Law

For all present or future claims arising from this contract shall be governed by the law of the Federal Republic of Germany.

The exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be Hamburg, if the buyer is a merchant, a legal person under public law or a special fund under public law. The same applies if he has no general place of jurisdiction in Germany, after the conclusion of the contract domiciled or habitually resident abroad.

XII other

transfers of rights and duties of the buyer under the Purchase Contract require the written consent of the seller.

 

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