Terms and conditions
# General Terms and Conditions
## of Motorhaus Europa GmbH for the Sale of Motor Vehicles
### 1. Scope and Contracting Party
These General Terms and Conditions apply to vehicle purchase contracts between
**Motorhaus Europa GmbH**
Siegfriedstr. 150–151
10365 Berlin
Germany
**Email:** info@motorhaus-europa.de
**Telephone:** +49 211 87973998355
– hereinafter referred to as “we”, “us” or the “Seller” –
and our customers, provided these terms have been validly incorporated into the respective purchase contract.
These terms apply to both consumers and business customers. Provisions expressly referring to consumers apply exclusively to consumers.
A consumer is a natural person who enters into the contract for purposes predominantly outside their trade, business or profession. A business customer is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their trade, business or profession when entering into the contract.
Individually agreed terms take precedence over these General Terms and Conditions.
### 2. Vehicle Listings and Conclusion of the Contract
Vehicle listings on our website or on vehicle advertising platforms generally provide information and invite customers to contact us. They do not constitute binding offers to enter into a contract unless expressly identified as such.
Enquiring about a vehicle or arranging a viewing does not oblige the customer to purchase it.
A purchase contract is concluded when the Seller and the buyer exchange corresponding binding declarations agreeing on the vehicle and the contractual terms. The contract may be concluded in person, by telephone or through an exchange of declarations, for example by email.
If the parties expressly agree that the contract will only become binding upon signature of the purchase agreement, that agreement shall apply.
Before entering into the contract, the buyer receives the essential information about the vehicle, the total price, and the payment and handover arrangements.
For distance contracts with consumers, we provide confirmation of the contract, including the legally required information, on a durable medium, such as email, within a reasonable period after the contract is concluded and no later than delivery.
### 3. Vehicle Condition and Agreed Characteristics
We undertake to supply the agreed vehicle together with the agreed accessories and the vehicle documents to be provided under the contract.
The required condition and characteristics of the vehicle are determined by the contractual agreements and applicable statutory requirements. These include relevant information about the model, first registration, mileage, equipment, vehicle condition and accident history.
These General Terms and Conditions do not generally exclude legally relevant statements made in vehicle listings or advertising.
We disclose any accident damage, significant previous damage and defects known to us before the contract is concluded.
Where information is based exclusively on statements from a previous owner or on available documents, we identify this alongside the relevant information. Where necessary, we also distinguish between the displayed odometer reading and any expressly agreed actual total mileage.
For used vehicles, age, mileage and previous use are taken into account when assessing the required condition. This does not constitute a general exclusion of statutory rights relating to defects.
Any departure from objective statutory requirements in a contract with a consumer will only be agreed in accordance with the applicable legal requirements. These include specifically informing the consumer before the contract is concluded and expressly and separately agreeing on the particular departure.
### 4. Purchase Price and Additional Costs
The total price agreed in the purchase contract applies.
Prices quoted to consumers include any applicable VAT and other components included in the purchase price.
Where a vehicle is sold under the VAT margin scheme, VAT is not shown separately.
Additional costs, such as delivery, vehicle transport, registration or specific additional services, are disclosed before the contract is concluded and are charged only if agreed.
The agreed purchase price will not be increased unilaterally after the contract has been concluded.
### 5. Advance Payment and Credit Financing
**The purchase price must be paid in full before the vehicle is handed over or dispatched for delivery, unless agreed credit financing provides for a different payment procedure.**
Where the buyer pays using their own funds, payment must be made after conclusion of the purchase contract, within the payment period agreed in that contract, to the business bank account specified in the contract or invoice.
The specific payment due date is disclosed to the buyer before the contract is concluded. Handover or dispatch for delivery takes place on the agreed date after full payment has been received.
Credit financing may be used by separate agreement. Approval depends on the assessment and decision of the relevant lender. A financing application alone does not constitute approval of financing.
Where credit financing has been agreed, the vehicle will be handed over once the disbursement conditions specified in the purchase contract have been met and payment of the financed purchase price to us has been secured by a binding commitment or has been received. Any agreed contribution from the buyer’s own funds must be paid beforehand.
If the vehicle purchase is to become binding only upon successful approval of financing, this will be expressly agreed in the purchase contract. In that case, rejection of the financing does not oblige the buyer to pay the purchase price using their own funds instead.
Without such a financing condition, rejection of a loan does not automatically terminate the purchase contract. Statutory rights, particularly those relating to linked purchase and credit agreements, remain unaffected.
The advance payment arrangement does not exclude statutory rights to withhold payment or refuse performance.
### 6. Vehicle Location, Delivery and Collection
Our vehicles may be located in Germany or at a vehicle storage location in Poland.
The specific location of the vehicle and the agreed collection or delivery location are disclosed to the buyer before the contract is concluded.
Our business address in Berlin is not automatically the collection location for every vehicle. A vehicle being located in Poland does not change the fact that Motorhaus Europa GmbH remains the buyer’s contracting party under a purchase contract concluded with it.
Whether the vehicle will be delivered or collected, which services we will provide, and the associated costs are agreed before the contract is concluded.
The agreed handover location will not be changed without the buyer’s consent.
Delivery or collection takes place on the agreed date, subject to the agreed payment conditions. We will inform the buyer without undue delay of any foreseeable delay. The buyer’s statutory rights remain unaffected.
### 7. Vehicle Handover and Documentation
At handover, the vehicle’s condition, mileage, vehicle documents, keys and accessories may be recorded in a handover report. The buyer receives a copy of any jointly prepared report.
The buyer may have visible discrepancies or damage recorded in the report.
Signing the handover report does not constitute a general waiver of statutory rights relating to defects. Defects discovered later may also be reported and pursued in accordance with the applicable statutory provisions.
Consumers are not required to carry out an immediate comprehensive inspection or report defects within a short exclusion period in order to retain their statutory rights.
Where we arrange delivery to a consumer, we generally bear the transport risk until the vehicle is handed over to the buyer or a person designated by the buyer to receive it. Statutory exceptions remain unaffected.
### 8. Ownership of the Vehicle
The vehicle remains our property until the purchase price has been paid in full.
Where credit financing is used, separate security arrangements with the lender may apply. These are set out in the relevant financing documents.
### 9. Statutory Rights Relating to Defects
The applicable statutory provisions govern vehicle defects.
Where the legal requirements are met, the buyer may, in particular, request repair or replacement, reduce the purchase price, terminate the purchase contract due to a defect, or claim damages or reimbursement of wasted expenditure.
Repair or replacement is provided in accordance with the statutory rules, either by remedying the defect or supplying a vehicle free from defects. Statutory rights to refuse a particular remedy remain unaffected.
We ask buyers to notify us of any identified defect as soon as reasonably possible and to describe it clearly. This does not create an additional exclusion period for consumers.
The buyer must make the vehicle available to us for any necessary inspection and remedy. We will coordinate the arrangements with the buyer in accordance with the applicable statutory requirements.
Before arranging repairs by a third party, please contact us so that we have an opportunity to inspect the vehicle and, where appropriate, remedy the defect. Statutory exceptions and the buyer’s rights remain unaffected.
**These General Terms and Conditions do not shorten the statutory limitation periods, including for used vehicles.**
Statutory provisions concerning extensions, suspension or recommencement of limitation periods remain unaffected.
For vehicles with digital elements, the relevant statutory provisions also apply, particularly those concerning necessary updates and related information.
### 10. Coverage of Costs for Defects and Contractual Discrepancies
If the vehicle does not have the required characteristics or has another defect, the buyer’s statutory rights relating to defects apply.
**We cover in full the transport, travel, labour and material costs necessary to carry out a remedy required by law.**
Subject to the statutory requirements, consumers may request an advance payment for necessary expenses that we are required to bear in connection with that remedy.
Where a consumer validly terminates the purchase contract due to a vehicle defect, we cover the necessary costs of returning or transporting the vehicle back in full.
Our statutory obligation to bear these costs does not depend on fault on our part where the law provides for liability irrespective of fault.
Where possible, please coordinate vehicle transport with us beforehand so that we can arrange suitable collection or return transport. This request does not restrict statutory rights.
### 11. Right of Withdrawal and Voluntary Return Rights
Consumers have a statutory right of withdrawal from distance contracts and off-premises contracts where the legal requirements are met and no statutory exception applies.
Concluding a contract by telephone or email does not exclude a right of withdrawal.
Details are provided in the separate withdrawal notice and the model withdrawal form supplied.
In the event of a statutory withdrawal, the consumer bears the direct return transport costs only if responsibility for those costs has been validly assigned to the consumer and the required information was properly provided before the contract was concluded. For a distance contract concerning a vehicle, this also includes the required information about the return transport costs or a legally permissible cost estimate.
The coverage of costs for valid claims relating to defects under Section 10 remains unaffected.
No processing or restocking fees are charged for exercising the statutory right of withdrawal.
Compensation for any reduction in the vehicle’s value may only be claimed where the statutory requirements are met. Handling the vehicle as necessary to establish its nature, characteristics and functioning does not, in itself, give rise to an obligation to compensate for a reduction in value.
Any additional voluntary return or exchange rights are governed by their respective terms. Statutory rights are not restricted by such arrangements.
### 12. Guarantees and Liability
Additional guarantees apply where they have been expressly granted for the vehicle concerned. Their scope, duration and conditions are set out in the relevant guarantee statement.
Statutory rights relating to defects exist independently of any guarantee and may be exercised against the Seller.
We are liable in accordance with the applicable statutory provisions. These General Terms and Conditions contain no additional exclusions or limitations of liability.
### 13. Contact, Complaints and Consumer Dispute Resolution
For questions about your purchase contract or complaints, please contact:
**Motorhaus Europa GmbH**
Siegfriedstr. 150–151
10365 Berlin
Germany
**Email:** info@motorhaus-europa.de
**Telephone:** +49 211 87973998355
Where possible, please provide your name, purchase contract number and details of the vehicle concerned so that we can identify and handle your enquiry.
Motorhaus Europa GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
The right to bring proceedings before a court remains unaffected.
### 14. Final Provisions
Individual agreements remain effective even if they have not been recorded in writing, unless a particular form is required by law. To help both parties keep a clear record, we recommend documenting important agreements in text form, for example by email.
The statutory rules on applicable law and jurisdiction apply. These General Terms and Conditions do not establish exclusive jurisdiction at the Seller’s registered office.
Subsequent changes to these General Terms and Conditions do not automatically apply to contracts already concluded.
If individual provisions are invalid or do not become part of the contract, the consequences are governed by the applicable statutory provisions.