Terms & Conditions

I. Scope

1.The following general terms of sale, delivery and repair (hereinafter “Terms”) apply to contracts between the craft business Maximilian Boxrucker CarSupport, Bereiteranger 3, 81541 München, Germany, and its customers (consumers and business customers).

2.A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity, within the meaning of section 13 of the German Civil Code (BGB).

3.A business customer is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their trade, business or independent professional activity when entering into a legal transaction, within the meaning of section 14 BGB.

4.Conflicting, differing or supplementary terms of a customer who is a business customer are not recognised.

5.Individual contractual agreements always take precedence over these Terms. Such agreements must, however, be made in writing.

II. Right of withdrawal for consumers

Consumers have a right of withdrawal in certain cases provided for by law. Where applicable, we will provide separate information about that right. Business customers are not granted a voluntary right of withdrawal.

III. General terms of sale and delivery

1.Conclusion of contracts and contractual arrangements

1.1At the customer's request, Maximilian Boxrucker CarSupport will prepare a non-binding quotation valid for a limited period and send it to the customer, unless otherwise agreed or expressly stated in the quotation. The customer may then confirm the quotation to Maximilian Boxrucker CarSupport orally, by telephone or in writing within that period. The customer's confirmation is non-binding and does not conclude a contract. The contract between Maximilian Boxrucker CarSupport and the customer is concluded only upon the subsequent binding order confirmation issued by Maximilian Boxrucker CarSupport, or at the latest upon delivery of the goods or performance of the repair.

1.2Quotations by Maximilian Boxrucker CarSupport to business customers are generally non-binding. Quotations to consumers are non-binding only where expressly marked “subject to confirmation” or “non-binding”.

2.Delivery

Maximilian Boxrucker delivers from stock to the address specified by the customer in Germany. Where the customer is a business customer, the risk passes to the customer upon handover of the goods to the forwarding agent or carrier, or, in the case of collection, when the goods are ready for dispatch.

3.Prices, payment terms and retention of title

3.1All prices are in euros. For consumers, prices include VAT but exclude packaging and delivery costs. For business customers, VAT, packaging and delivery costs are charged in addition.

3.2Payment is due immediately and without deduction upon receipt of the invoice, unless otherwise agreed or a different payment period is stated on the invoice. (Optional: Upon order confirmation, see section III.1.1, 30% of the net order value is due as an advance payment towards the total order value. Maximilian Boxrucker CarSupport will issue a separate invoice for this payment.)

3.3The goods supplied remain the property of Maximilian Boxrucker CarSupport until paid for in full (hereinafter “goods subject to retention of title”).

3.4Where the customer is a business customer, the following also applies:

3.4.1The goods supplied remain the property of Maximilian Boxrucker CarSupport until all claims against the customer have been settled, even if the individual goods have already been paid for.

3.4.2The business customer may resell the goods subject to retention of title to third parties in the ordinary course of business, provided that payment to Maximilian Boxrucker CarSupport is ensured and ownership does not pass to the third party until that party has fulfilled its payment obligations.

3.4.3The business customer may not pledge the goods subject to retention of title or transfer them as security without the consent of Maximilian Boxrucker CarSupport. Any processing or transformation of those goods by the business customer takes place exclusively in the name and interests of Maximilian Boxrucker CarSupport. In the event of attachment, seizure or other dispositions or interference by third parties, the business customer must notify Maximilian Boxrucker CarSupport without delay.

3.4.4At the request of Maximilian Boxrucker CarSupport, the business customer must disclose the assignment of claims to the relevant purchaser, provide Maximilian Boxrucker with the documents required to enforce its rights against that purchaser, such as invoices, and provide the necessary information. At the customer's request, Maximilian Boxrucker will release security of its choice to the extent that its value exceeds the secured claims by more than 20%.

4.Warranty

4.1Statutory warranty rights apply. Rights arising from any guarantee are neither excluded nor restricted by these Terms.

4.2Where the customer is a business customer, Maximilian Boxrucker CarSupport determines the form of supplementary performance, and section 377 of the German Commercial Code (HGB) also applies. In the event of replacement delivery, the costs of removing the defective item and the costs of the defect-free replacement item are not covered by the claim for supplementary performance.

4.3Claims for defects by a business customer become time-barred one year after delivery.

5.Liability

Claims for damages by the customer are excluded. This does not apply where Maximilian Boxrucker CarSupport is liable under mandatory statutory provisions, such as the German Product Liability Act, for intent or gross negligence, for injury to life, body or health, or for breach of essential contractual obligations. These are obligations which Maximilian Boxrucker CarSupport must fulfil according to the content and purpose of the contract, or whose fulfilment is necessary for the proper performance of the contract and on which the customer may regularly rely. A claim for damages arising from a slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical of the contract.

IV. General terms of repair and installation

1.Scope / reference

The provisions in section III of these Terms apply accordingly unless otherwise agreed below. These terms do not apply to repairs carried out to satisfy the contracting party's claims for defects.

2.Costs

2.1If the anticipated price of the services is not stated when the contract is concluded, the customer may set cost limits.

2.2Maximilian Boxrucker CarSupport provides binding cost estimates only at the customer's express request.

2.3A cost estimate requested by the customer is binding only if we issue it in writing and mark it as binding. The contracting party will be charged for work required to prepare a cost estimate or quotation, at a minimum of EUR 45.00 per estimate or quotation, if the repair is not carried out or that work cannot be used in performing the repair.

2.4If it becomes apparent during the repair that the anticipated costs exceed the non-binding estimate and are not economically proportionate to the current value of the item, we will inform the contracting party without delay. The same applies to defects discovered only during the repair that were not previously included in the scope of the repair order.

2.5If a repair is discontinued for reasons for which we are not responsible, the item will be restored to its original condition only at the contracting party's express request and against reimbursement of the resulting costs.

2.6Repair invoices must separately itemise the prices of parts, materials and special services, labour charges, travel expenses and transport costs. Where a repair is carried out on the basis of a binding cost estimate, reference to that estimate is sufficient, provided that any differences in the scope of work are separately specified.

3.Termination

3.1The customer may terminate the contract at any time. If the customer terminates the contract, they must pay for the work and costs incurred up to that point, including expenditure on replacement parts ordered or already procured, and for lost profit, unless and to the extent that the termination results from circumstances for which Maximilian Boxrucker CarSupport is responsible. Following termination, Maximilian Boxrucker CarSupport will issue an invoice, including a clear breakdown of costs, and send it to the customer for payment within the period stated in the invoice.

4.Payments

4.1Payment is due immediately and without deduction after acceptance of the work. Maximilian Boxrucker CarSupport may request a reasonable advance payment when the order is placed.

5.Customer cooperation

5.1The customer must provide suitable working conditions and ensure safety at the place of repair or installation.

5.2The customer must provide the required energy supply, including the necessary connections, at their own expense. They must supply all materials and operating supplies and perform any other actions necessary for testing.

5.3If the customer fails to fulfil their obligations, Maximilian Boxrucker may, after setting a reasonable deadline, but is not obliged to, perform the necessary actions on the customer's behalf and at their expense, and charge the customer for the resulting loss of earnings.

5.4The customer's other statutory rights and claims remain unaffected.

6.Time limits for repair or installation

6.1Repair and installation times stated by Maximilian Boxrucker CarSupport are estimates and are non-binding unless otherwise agreed.

6.2In the event of unforeseeable operational disruptions for which Maximilian Boxrucker CarSupport is not responsible, such as work stoppages, difficulties obtaining materials or spare parts, delays by suppliers, official intervention, force majeure or industrial disputes, even binding time limits are extended by the duration of the disruption plus a reasonable period for resuming work.

7.Acceptance of repair or installation and collection by the customer

7.1The customer must accept the work as soon as they are notified of its completion. Acceptance may not be refused on the grounds of minor defects.

7.2Once the customer has taken delivery of or accepted the repaired item, subsequent complaints are excluded unless an initially hidden, improperly performed repair can later be clearly demonstrated to Maximilian Boxrucker.

8.Extended lien

8.1Maximilian Boxrucker CarSupport has a lien on the repair or installation item that comes into its possession under the contract, as security for its claims under that contract for work.

8.2The lien may also be exercised for claims arising from previous work, deliveries of parts and other services, provided that they relate to the item concerned. For other claims arising from the business relationship, the lien applies only insofar as those claims are undisputed or have been established by a final court judgment.

9.Warranty

9.1The customer must notify Maximilian Boxrucker CarSupport without delay of a defect in the repair or installation. If the customer carries out repair or installation work themselves, or has a third party do so, without the consent of Maximilian Boxrucker CarSupport, liability for that work is excluded. The same applies if parts requiring replacement are not replaced at the customer's request. Recolouring leather will inevitably result in a difference from the original shade. The customer must accept this slight colour difference.

V. Final provision

1.Online dispute resolution pursuant to the ODR Regulation

The European Commission provides an online dispute resolution (ODR) platform, which customers can find at http:///europa.eu/consumers/odr/. In this connection, we are legally obliged to state our email address: info@boxrucker.de

2.Where a dispute arises between Maximilian Boxrucker CarSupport and a consumer customer that cannot be resolved through negotiations with the consumer customer, for example through our customer complaints system,

3.If any provision of this contract is or becomes invalid or unenforceable, the validity of the remaining provisions is unaffected. The invalid or unenforceable provision is to be replaced by a valid and enforceable provision that comes as close as possible to its intended effect.