Terms and Conditions
GENERAL TERMS AND CONDITIONS (GTC) OF MOVEAUTO GMBH
1. Scope
These General Terms and Conditions (GTC) apply exclusively to entrepreneurs within the meaning of § 14 BGB (B2B).
Deviating terms and conditions of the customer shall not apply unless MOVEAUTO has expressly agreed in writing.
2. Quotations and Offers
All quotations and cost estimates are non-binding unless expressly designated as binding.
A contract shall only be concluded upon written confirmation of the order by MOVEAUTO.
3. Prices and Payment Terms
Prices are ex warehouse plus statutory VAT.
Invoices issued by MOVEAUTO are due for payment immediately upon invoicing, regardless of whether the goods have already been handed over to the customer or to a carrier appointed by the customer.
In the event of default, the statutory default interest (§ 288 BGB) applies.
The above delivery and payment terms shall apply unless otherwise expressly agreed in writing between the parties.
4. Set-off and Right of Retention
The customer shall not be entitled to withhold payments or to offset any claims against
MOVEAUTO’s payment claims.
MOVEAUTO, however, shall be entitled to offset its own claims against claims of the customer and to exercise rights of retention.
5. Retention of Title
1. The goods delivered shall remain the property of MOVEAUTO until full payment of all present and future claims arising from the business relationship (extended retention of title).
2. The customer is entitled to resell the goods in the ordinary course of business. In such case, the customer hereby assigns all claims arising from the resale to MOVEAUTO in advance, in the amount of the final invoice (including VAT) (prolonged retention of title).
3. If the goods are processed, combined or mixed with other goods, MOVEAUTO shall acquire co-ownership of the new item in proportion to the value of the goods supplied to the other goods used (processing and combination retention of title).
4. The customer remains revocably authorized to collect the assigned claims. MOVEAUTO may revoke this authorization if the customer fails to properly meet his payment obligations.
5. In the event of default or breach of duty by the customer, MOVEAUTO shall be entitled to
demand the return of the goods subject to retention of title and to take them back.
6. Transfer of Risk
The risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon invoicing and provision of the goods at MOVEAUTO’s warehouse, regardless of whether the handover or dispatch has already taken place, unless expressly agreed otherwise in writing.
7. Warranty and Obligation to Give Notice of Defects
The warranty period for new goods is 12 months from the transfer of risk.
Warranty for used goods is excluded.
The customer must inspect the goods immediately, at the latest within 5 working days of delivery, and notify MOVEAUTO of any defects in writing.
Hidden defects must also be notified immediately, at the latest within 5 working days of discovery, in writing.
If notice of defects is not given in due time, the goods shall be deemed approved.
8. Liability
MOVEAUTO shall be liable for damages only in cases of intent and gross negligence.
In cases of slight negligence, MOVEAUTO shall only be liable for the breach of essential
contractual obligations (cardinal obligations), limited to the foreseeable, typical damage.
Claims for damages by the customer due to delay are excluded, unless the delay is caused by intent on the part of MOVEAUTO.
Any further liability, in particular for lost profits, production downtime, data losses or indirect
damages, is excluded.
Liability is in any case limited to the value of the respective order, but not exceeding the coverage of MOVEAUTO’s liability insurance.
Mandatory liability for damages resulting from injury to life, body or health remains unaffected.
9. Cancellation and Withdrawal
Cancellation or withdrawal by the customer is strictly excluded, unless MOVEAUTO has expressly agreed to it in writing.
Without such agreement, the contractual obligations of the customer remain fully in force.
10. Written Form Requirement
There are no oral side agreements.
Amendments and supplements to the contract, including these GTC, must be made in writing.
This also applies to the cancellation of the written form requirement itself.
11. Place of Performance and Jurisdiction
The place of performance is the registered office of MOVEAUTO GmbH.
The exclusive place of jurisdiction for all disputes shall, to the extent legally permissible, be the registered office of MOVEAUTO GmbH in Germany.
However, MOVEAUTO shall also be entitled to bring an action against the customer at the
customer’s general place of jurisdiction.
German law applies exclusively. The application of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
12. Data Protection
MOVEAUTO processes personal data in accordance with the GDPR. The privacy policy is available at www.moveauto.de/privacy-policy.
