Privacy Notice

General Terms and Conditions of Sale

of G Brio GmbH i.Gr., represented by the Managing Director Niclas Heyne, Bundesstrasse 5, 21493 Elmenhorst

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1. Conclusion of Contract / Transfer of Rights and Obligations of the Buyer.
   • The buyer is bound by the order for a maximum of three weeks, and for commercial vehicles, up to six weeks. This period is reduced to 10 days (and for commercial vehicles to two weeks) for vehicles available at the seller’s premises. The purchase contract is concluded when the seller confirms the acceptance of the order for the specifically designated item in writing within the aforementioned time limits or delivers the goods. However, the seller is obligated to promptly inform the buyer if the order is not accepted.
   • The transfer of rights and obligations of the buyer under the purchase contract requires the seller’s written consent. This does not apply to monetary claims of the buyer against the seller. For other claims of the buyer against the seller, prior consent is not required if the seller has no legitimate interest in preventing the assignment or if the buyer’s legitimate interest in assignability outweighs the seller’s interest in excluding assignment.
2. Payment
   • The purchase price and prices for additional services are due upon delivery of the item and issuance or dispatch of the invoice.
   • The buyer may only offset claims against the seller if the buyer’s counterclaim is undisputed or legally established. This does not apply to counterclaims arising from the same purchase contract. A right of retention may only be asserted if it is based on claims from the same contractual relationship.‍
3. ‍Delivery and Delay in Delivery
   • ‍‍Delivery dates and periods, whether binding or non-binding, must be specified in writing. Delivery periods begin with the conclusion of the contract.
   • The buyer may, six weeks after exceeding a non-binding delivery date or period, request delivery from the seller. For vehicles already in stock, this period is reduced to 10 days (two weeks for commercial vehicles). Upon receipt of the request, the seller is in default. If the buyer is entitled to claim compensation for delay, this is limited to a maximum of 5% of the agreed purchase price in cases of slight negligence by the seller.
   • If the buyer also wishes to withdraw from the contract and/or claim damages in lieu of performance, they must grant the seller a reasonable period for delivery after the expiry of the period stated in Clause 2. If the buyer is entitled to damages in lieu of performance, this is limited to a maximum of 25% of the agreed purchase price in cases of slight negligence. If the buyer is a legal entity under public law, a special public fund, or a business acting in the course of its commercial or independent professional activity, such damage claims in cases of slight negligence are excluded. If the delivery becomes impossible by accident while the seller is in default, the seller’s liability is limited as above. No liability exists if the damage would have occurred even with timely delivery.
   • If a binding delivery date or period is exceeded, the seller is in default as soon as the date or period is surpassed. The buyer’s rights are then governed by Clauses 2 and 3.
   • The above limitations and exclusions of liability do not apply to damages caused by gross negligence or intent by the seller, their legal representative, or agent, or in cases of injury to life, body, or health.
   • Force majeure or operational disruptions at the seller or their suppliers, which temporarily prevent the seller from delivering on time without fault, extend delivery deadlines as specified in Clauses 1 to 4 by the duration of the disruption. If such disruptions delay performance for more than four months, the buyer may withdraw from the contract. Other withdrawal rights remain unaffected.
   • Design or form changes, color deviations, and changes in scope of delivery by the manufacturer are permitted during the delivery period, provided they are reasonable for the buyer considering the seller’s interests. Designations or numbers used by the seller or manufacturer for the order or item do not constitute any rights.
4. Acceptance
   • The buyer is obliged to accept the item within 14 days of receipt of the notice of availability.
   • In case of non-acceptance, the seller may exercise their statutory rights. If the seller claims damages, these are fixed at 15% of the purchase price. The amount may be adjusted if the seller proves a higher loss or the buyer proves a lower or no loss.
5. Retention of Title
   • The item remains the seller’s property until full payment of all claims arising from the purchase contract. If the buyer is a public legal entity, a special public fund, or a business acting in a commercial or professional capacity, the retention of title also applies to claims from ongoing business relations. Upon request, the seller must waive the retention of title if all claims related to the item are indisputably fulfilled and appropriate security exists for other claims. During the retention period, the seller holds the registration certificate Part II.
   • If the buyer fails to pay the purchase price and additional service charges properly, the seller may withdraw from the contract and/or demand damages if a reasonable deadline for payment has expired unsuccessfully, unless setting a deadline is not legally required. If the seller reclaims the item and has a right to damages, both parties agree that the seller will reimburse the item’s usual market value at the time of repossession. Upon request, the buyer may demand an appraisal of the value by a publicly appointed expert (e.g., from DAT). The buyer bears the return and disposal costs, which are set at 5% of the item’s market value unless proven otherwise.
   • As long as retention of title exists, the buyer may neither dispose of the item nor grant usage rights to third parties.‍
6. Liability for Material and Legal Defects
   • Claims for material and legal defects expire within two years from delivery. For used goods, all such claims expire within one year. A one-year limitation also applies if the buyer is a public legal entity, a special fund, or a business acting commercially or professionally.
   • The one-year limitation does not apply to damages caused by gross negligence, intent, or in case of injury to life, body, or health.
   • If the seller is liable under statutory provisions for slight negligence, liability is limited to essential contractual obligations. This liability is limited to the typical foreseeable damage at contract conclusion. The personal liability of legal representatives, agents, and employees for damages caused by slight negligence is excluded. This also applies in line with Clause 2.
   • Independent of fault, the seller remains liable for fraudulently concealed defects, assumed guarantees or procurement risks, and under the Product Liability Act.
   • If defect rectification is to be carried out:
     a) Claims must be made to the seller. For verbal claims, written confirmation of receipt must be provided.
     b) Rectification is performed at the seller’s premises or another agreed location. If the item is inoperable due to a defect, the buyer must contact the nearest authorized service provider.
     c) For parts replaced during rectification, claims can be made until the original limitation period expires.
     d) Replaced parts become the seller’s property.
   • If the buyer is a consumer under §13 BGB and the goods include digital elements, statutory rules apply to those elements.‍
7. Liability for Other Claims
   • For other claims not governed by Section VI, statutory limitation periods apply.
   • Liability due to delivery delay is exclusively governed by Section III. For other damages, Section VI Clauses 3 and 4 apply.
   • If the buyer is a consumer under §13 BGB and the contract includes digital content or services (that are not essential to the function of the new vehicle), §§ 327 ff BGB apply.
8. ‍Jurisdiction
   • For all current and future claims with merchants, including bill and cheque claims, the exclusive place of jurisdiction is Hamburg, unless another jurisdiction is legally mandatory.
   • The same applies if the buyer has no general domestic jurisdiction, moves abroad after contract conclusion, or is not locatable at the time of claim. For claims by the seller, the buyer’s residence applies as the place of jurisdiction. Otherwise, statutory rules apply.
9. Note According to § 36 of the Consumer Dispute Resolution Act (VSBG)

The seller will not participate in dispute resolution proceedings before a consumer arbitration board as defined in the VSBG and is not obligated to do so.