NIC Sportwagen Lademannbogen 9 22339 Hamburg, Germany Phone: +49 (0) 40/572 400 22, mobile: +49 (0) 171/31 59 555 E-Mail: brecht@nic-sportwagen.de Web: www.nic-sportwagen.de Responsible for contents: Inh. Nic B. Brecht CEO: Nic B. Brecht VAT identification number according to § 27 a: DE 210 009 782 Court of registry: Amtsgericht Hamburg Design and realization of the website Mänz Kommunikation
1. Content of the online offer NIC Sportwagen assumes no liability for the actuality or completeness of the provided information. Liability claims against NIC sports cars, which refer to damages of a material or ideal nature caused by the use or non- use of the provided informationor by the use of incorrect or incomplete information, are excluded in principle, as far as there is no proof for an intentional or grossly negligent fault by NIC Sportwagen. All offers are non- binding. NIC Sportwagen expressly reserves the right to change, amend, or delete parts of the pages or the whole offer without prior notice, or to discontinue the publication temporarily or permanently. 2. References and links Hereby NIC Sportwagen declares expressly that at the time of setting up links to external websites (“links”), the corresponding linked pages were free of illegal content. NIC Sportwagen has no influence on the current and future design, the content or the origin of the linked pages. Therefore, NIC Sportwagen expressly dissociates itself from all contents of all linked pages, which were changed after the link setting. This statement applies to all links and references set at the own internet site as well as to foreign entries in the guestbook. The provider of the page which is linked is liable for all illegal, incorrect or incomplete contents, and in particular for damages resulting from the use or non-use of such provided information. The person who set the link is not reliable for damages caused by the linked website. 3. Copyright and trademark law NIC Sportwagen endeavors to respect copyrights, to use graphics, sound documents, video sequences and texts created by itself, or to access license-free documents in all publications. All brands and trademarks mentioned within the Internet site and possibly protected by third parties are subject without restriction to the provisions of the respectively valid trademark law and the rights of ownership of the respective registered owners. The mere naming of the trademark does not lead to the conclusion that trademarks are not protected by third- party rights. The copyright for published objects created by NIC Sportwagen remains solely with the authors of the pages. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the explicit consent of NIC Sportwagen. 4. Privacy Policy Users enter personal or business data (e-mail addresses, names, addresses) voluntary. The data will not be passed on. The use and payment of all offered services is – as far as technically possible and reasonable – also without specification of such data or under specification of anonymised data or a pseudonym. “This website uses Google Analytics, a web analytics service provided by Google, Inc. (” Google “) Google Analytics uses so-called “cookies”, text files that are stored on your computer and which allow them to analyze the use of the website. The information about your use of this website (including your IP address) generated by the cookie is transmitted to a Google server in the US and will be stored there. Google will use this information to evaluate your use of the website, to compile reports on the website activity for the website operators and to provide other services connected with the use of the website and the Internet. Google may also transfer thisinformation to third parties, provided that this is required by law or if third parties process this data on behalf of Google. In no way Google will associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; However, we would point out that in this case you may not be able to fully utilize all the functions of this website. By using this website, you agree to the processing of the data collected about you by Google in the manner and for the purposes set out above. 5. Severability clause If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain unaffected by this fact. All rights reserved. The publication of the contents of this website requires the expplicit permission of NIC Sportwagen. The publication and the evaluation of the press information is permitted. All images are protected by copyright and may only be used with the explicit permission of the copyright owner.
Non-binding recommendation of the Central Association of German Motor Vehicles (ZDK) – Used cars sales conditions – Last updated: 02/2011 I. Conclusion/Transfer of rights and obligations of the buyer 1.) The buyer is bound to the order for a maximum of 10 days, for utility vehicles up to 2 weeks. The purchase contract is concluded just as the seller confirms the acceptance of the order of the specified item of purchase within the respective deadlines in writing or carries out the delivery. However, the seller is obliged to educate the customer immediately if he does not accept the order. 2.) Transfers of rights and duties of the buyer from the purchase contract require the written consent of the seller. II. Payment 1.) The purchase price and prices for ancillary services are due before delivery of the purchase item and upon delivery or transmission of the invoice. 2.) Buyer’s counterclaims can only be offset if the buyer’s counterclaim is undisputed or a legally binding title exists; He can only assert a right of retention, insofar as it is based on claims from the purchase contract. III. Delivery and delay of delivery 1.) Delivery dates and delivery periods, which can be binding or non-binding, must be stated in writing. Delivery periods begin with conclusion of contract. 2.) The buyer can request the seller to deliver after 10 days after exceeding a non-binding delivery date or a non-binding delivery period, for utility vehicles after 2 weeks. With the receipt of the request, the seller is in default. If the buyer is entitled to compensation instead of performance, the claim is limited to a maximum of 5% of the agreed purchase price in the event of slight negligence. 3.) If the buyer wishes to withdraw from the contract and / or demand compensation instead of performance in addition, he must provide the seller with a reasonable deadline after delivery of the relevant period pursuant to point 1. If the buyer is entitled to compensation instead of performance, the claim is limited to a maximum of 10% of the agreed purchase price with slight negligence. If the buyer is a juristic person under public law, public-law fund or an entrepreneur acting in the exercise of his commercial or independent professional activity at the conclusion of the contract, claims for damages in case of slight negligence are excluded. If the seller is in default, the delivery by chance is impossible, he is liable with the above agreed liability limitations. The seller is not liable if the damage had also occurred in the case of timely delivery. 4.) If a binding delivery date or a binding delivery period is exceeded, the seller is already in default with exceeding the delivery date or the delivery period. The rights of the buyers are then determined according to section 2 sentence 3 and section 3 of this section. 5.) Force majeure or business disruptions of the seller or his supplier, which temporarily prevent the seller from supplying the object of purchase at the agreed date or within the agreed period, will extend the dates and deadlines as specified in sections 1 to 4 of this section for the duration of the power disturbances caused by these circumstances. In the event of a corresponding disruption to a deferral of more than 4 months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected. IV. Acceptance 1.) The buyer is obliged to take delivery of the purchased item within 8 days from the delivery notification. In the event of non-acceptance, the seller may exercise his / her legal rights. 2.) If the seller requires damages, this is 10% of the purchase price. The damages shall be higher or lower if the seller proves a higher or the buyer proves that a lesser or no damage at all has occurred. V. Reservation of title 1.) The object of purchase shall remain the property of the seller up to the settlement of the claims due to the seller as a result of the purchase contract. If the purchaser is a juristic person of public law, a public-law fund or an entrepreneur who acts at the conclusion of the contract in the exercise of his commercial or independent professional activity, the retention of title shall also exist for claims of the seller against the buyer from the current business relationship up to the settlement of claims due in connection with the purchase. At the buyer’s request, the seller shall be obliged to waive the retention of title if the buyer has fulfilled all claims connected with the object of purchase incontestably and an adequate security exists for the remaining claims arising from the current business relations. During the period of the retention of title, the right to possession of the Certificate of Approval II (vehicle letter) belongs to the seller. 2.) In case of default of payment of the buyer, the seller can withdraw from the purchase contract. 3.) As long as the retention of title exists, the buyer is not allowed to dispose of the object of purchase or to grant a contractual use to third parties. VI. Property deficit 1.) Claims of the buyer due to material defects become statute barred one year from delivery of the purchased item to the customer. Unless the buyer is a juristic person of public law, a public-law fund or an entrepreneur who is engaged in the performance of his commercial or independent professional activity at the time of signing the contract, the sale is subject to the exclusion of any liability for material defects. Any further claims shall remain unaffected insofar as the seller is legally liable by law or something else is agreed upon, in particular in the case of the assumption of a guarantee. 2.) The following applies to the removal of the defect: A) The buyer must assert claims for rectification of defects to the seller by writing. In the case of oral claims, the buyer must be given a written confirmation of the receipt of the advertisement. B) If the object of purchase is incapacitated due to a defect in quality, the seller generally has the right to correct the defect. With the prior consent of the seller, the buyer may contact a different foreman. A provisional commitment to third-party workshops for the acceptance of the repair costs primarily serves the mobility of the buyer and does not constitute recognition of the liability for defects. The seller reserves a further technical review, as well as the right to the property of the old or exchange part. C) Replaced parts become the property of the seller and will be delivered by the buyer to the seller within 14 days. D) The buyer can assert claims for defects of quality for the parts installed for removing the defects on the basis of the purchase contract until the end of the statute of limitations of the object of purchase 3) Section VI “Property deficit” shall not apply to claims for damages; for these claims and also for those based on the breach of the obligation to supplement the defect, “§ VII Liability” applies. VII. Liability 1.) If the seller is liable for damages caused by the negligently due to the statutory provisions, the seller shall be liable limitedly: The seller is only liable in the case of breach of contractual obligations, such as those which the purchase contract has contracted to the seller in accordance with his content or purpose, or whose fulfillment only allows the proper execution of the purchase contract at all, and to which the buyer may regularly rely and trust. This liability is limited to the typical damage foreseeable at the conclusion of the contract. Insofar as the damage is covered by an insurance policy (other than sum insurance) taken out by the purchaser for the relevant damage event, the seller is only liable for any associated disadvantages of the buyer, e.g. Higher insurance premiums or interest penalties up to the claims regulation by the insurance company. 2.) Irrespective of any fault on the part of the vendor, the seller’s liability for any guilty concealment of the defect, the assumption of a guarantee or a procurement risk and the Product Liability Act shall remain unaffected. 3.) Liability for delays in delivery is laid down in Section III. 4.) The personal liability of the legal representatives, vicarious agents and employees of the seller for damages caused by slight negligence is excluded. 5.) The limitation of liability in this section does not apply to injury to life, body or health. 6.) Claims for damages which are based on a refused supplementary performance can only be asserted within the statutory period of limitation if the supplementary performance has been requested within the short period of one year for property claims. VIII. Arbitration procedure (Only for used vehicles with a maximum permissible weight of not more than 3.5 t) 1.) If the vehicle company carries the sign “Meisterbetrieb der Kfz-Innung” or the basic sign “Mitgliedsbetrieb der Kfz-Innung” or “Autohandel mit Qualität und Sicherheit” the parties can call the responsible Arbitration Board for the automotive industry in case of disputes arising from the purchase contract. The appeal must be made in writing and without delay, in the light of the dispute, no later than 13 months after delivery of the object of purchase. 2.) The decision of the Arbitration Board does not exclude the legal process. 3.) By invoking the Arbitration Board, the limitation period is suspended for the duration of the proceedings. 4.) The proceedings before the Arbitration Board shall be governed by their rules of procedure and procedures, which shall be handed over to the parties upon request by the Arbitration Board. 5.) The appeal of the Arbitration Board is excluded if the legal process has already been passed. If arbitration is pursued during an arbitration procedure, the Arbitration Board shall cease its activity. 6.) Costs are not charged for the use of the Arbitration Board. IX. Jurisdiction 1.) For all present and future claims arising from the business relationship with merchants, including bills of exchange and checks, exclusive jurisdiction is the registered office of the seller. 2.) The same court of jurisdiction applies where the purchaser has no general court of jurisdiction in Germany, moves his domicile or habitual abode from his home country, or his place of residence or habitual abode is not known at the time the appeal is brought. In the case of claims by the seller against the purchaser, his place of residence shall be deemed to be a court of jurisdiction.