§ 1 Scope
These terms apply to all contracts for the sale of used vehicles between G&K Automobile, owner Marco Gatzka, and the buyer. A consumer is any natural person concluding the contract predominantly for private purposes (§ 13 BGB); a business is anyone acting in the course of their trade or profession (§ 14 BGB).
§ 2 Offers and conclusion of contract
Vehicle offers on this website and on online marketplaces are non-binding. The purchase contract is concluded only when both parties sign a written sales contract. Prior sale excepted.
§ 3 Prices and payment
Prices shown are final prices. Where a vehicle is subject to the margin scheme under § 25a UStG, VAT is not shown separately. The purchase price is due at the latest on handover. Cash payments above €10,000 are not possible.
§ 4 Retention of title
The vehicle remains our property until the purchase price has been paid in full. The registration certificate part II is handed over only after full payment.
§ 5 Handover, collection and registration
Handover takes place at our premises in Dorsten unless agreed otherwise. The buyer must collect the vehicle within 14 days of payment. On request, we handle registration for a separate fee.
§ 6 Liability for defects
Consumers: claims for defects in used vehicles become time-barred one year after handover. This does not apply to damages for injury to life, body or health, gross negligence or intent, fraudulently concealed defects or guarantees given. The shortened period is expressly and separately agreed in the sales contract (§ 476(2) BGB).
Businesses: the vehicle is sold excluding any liability for defects, as far as legally permitted.
Normal wear and tear is not a defect.
§ 7 Liability
We are liable without limitation for intent, gross negligence and injury to life, body or health. For slight negligence we are liable only for breach of material contractual obligations, limited to foreseeable damage typical for the contract. Liability under the Product Liability Act remains unaffected.
§ 8 Trade-in
For a trade-in, the buyer warrants that the vehicle is their unencumbered property and that the information given (accident damage, mileage) is correct. The agreed trade-in value is recorded in the sales contract.
§ 9 Test drives
Test drives are available by appointment on presentation of a valid driving licence and ID. The driver is liable for damage culpably caused during the test drive in accordance with statutory provisions.
§ 10 Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection provisions of their country of residence. If the buyer is a merchant, the place of jurisdiction is Dorsten. Should individual provisions be invalid, the remaining provisions remain unaffected.
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