I. General
All contracts with us are governed by the following terms and conditions. These terms and conditions constitute a legally binding part of the contract for all of our business transactions and are considered binding upon the buyer when placing an order. No verbal side agreements have been made. If the buyer is an entrepreneur, any deviations from these terms, side agreements, or changes to their effectiveness require our explicit written confirmation.
If any part of these terms is deemed invalid, it does not affect the validity of the remaining terms. If the terms refer to an entrepreneur, this also includes legal entities under public law or public law funds. These terms and conditions are in compliance with Spanish consumer protection laws, including Law 23/2003 regarding the sale of consumer goods and vehicles.
The place of fulfillment, and if the buyer is an entrepreneur, the exclusive jurisdiction for all current and future claims arising from these terms and conditions, including claims related to bills of exchange and freight, shall be the location mutually agreed upon by both parties. Spanish law applies.
II. Offer and Conclusion of Contract
Our offers are always non-binding. References to information and images in catalogs and price lists are for illustrative purposes only and do not oblige us to provide exact or faithful deliveries. The nature and commercial standards of the product are decisive. If the buyer is not a consumer, any warranty will only be valid if confirmed by us in writing. The standard warranty for new vehicles is 2 years, and for second-hand vehicles, it is 1 year, in accordance with applicable legislation. Public statements made by other manufacturers regarding the nature of a purchased product do not bind us to a buyer who is not a consumer, unless we confirm such details in writing. In the case of purchasing branded products, the relevant manufacturer’s "Additional Terms for the Sale of Branded Products" will apply as part of these delivery and payment terms.
Prices are stated in euros and apply for pickup from our warehouse or factory. All quotations are subject to change. Upon delivery, we charge handling and administration fees on a pro-rata basis. For overnight and express deliveries, charges are applied according to the zone and weight tariffs we have set. The prices valid on the day of delivery apply, along with the applicable VAT at that time. At the time of contract signing, we will request a deposit (advance), which will be deducted from the final sale price of the vehicle. In case the transaction is canceled by the buyer, the deposit will not be refunded.
If circumstances arise after the contract has been concluded that reduce the buyer’s creditworthiness, we have the right to stop further deliveries, request collateral within a specified period, demand advance payments, or withdraw partially or entirely from the contract after this period.
Packaging costs are not included in the price. Packaging is charged at a reasonable cost and may be returned in accordance with legal regulations. If the packaging is returned to our warehouse within one month, using the appropriate markings, 2/3 of the calculated value will be credited, unless otherwise agreed.
III. Delivery, Delays, and Acceptance
Delivery times are non-binding unless otherwise agreed upon in writing. Partial deliveries are allowed. Special circumstances (e.g., force majeure, strikes) may extend the delivery period reasonably and entitle us to withdraw from the contract, in full or in part, if the buyer is an entrepreneur. If such disruptions lead to a delay of more than four months, the buyer may withdraw from the contract. Other rights to withdraw remain unaffected. Claims for damages are covered in Section V.4.
The buyer cannot delay acceptance of the goods until after the agreed delivery date. To withdraw from the contract or claim damages, an entrepreneur must set us a reasonable deadline for supplementary performance.
The risk of loss or damage to goods ordered by an entrepreneur transfers to the customer upon dispatch, even if partial deliveries are made or delivery is carriage-paid. Insurance is provided only at the express request of the buyer and at their expense. In the absence of special instructions, we choose transport routes and means without guaranteeing the cheapest or fastest option. Failure to meet delivery deadlines does not exempt the contracting party from their obligation to accept delivery. Claims for damages are regulated in Section V.4.
If we claim damages due to the unjustified refusal of goods by the buyer, the penalty will be 15% of the purchase price. The amount can be higher or lower depending on proof of higher or lower damage.
For custom-made items, a deviation of up to 10% from the ordered quantity is allowed.
IV. Payment, Default, and Offsetting
Payment must be made within 30 days from the invoice date, without any deductions. Payment must be made in such a manner that the required amount is available to us by the due date. If direct debit payment has been agreed, the buyer authorizes us to collect all invoice amounts from the specified account. The buyer’s bank is also instructed to notify us or any third-party commission about non-payment or refusal of direct debits, providing names and addresses upon request. Money orders, checks, and bills of exchange are only accepted as payment, subject to collection and discount charges.
Representatives or other employees are not authorized to collect payments. Payments made to such individuals do not discharge the buyer from their payment obligations unless they hold a power of attorney to receive payments.
If partial payments have been agreed, the entire remaining debt becomes immediately due if: a) the buyer, who is not an entrepreneur, is at least two consecutive installments in default and the arrears exceed 1/10 of the purchase price; b) the buyer, who is an entrepreneur, has failed to make payment within 14 days, ceased payments, or has insolvency proceedings initiated against them.
If the buyer defaults on payment, we are entitled to call in all outstanding invoices and cancel agreed payment deadlines, setting a new payment term of 10 days.
Offsetting against purchase price claims is only permitted with undisputed or legally established claims. The assertion of retention rights and other performance refusal rights is excluded unless they arise from the same contractual relationship.
V. Warranty and Liability
The buyer must inspect the vehicle or goods immediately upon receipt and verify their condition, completeness, and accuracy. Any visible defects must be reported promptly. For non-consumer buyers, defects must be reported within 7 days, while hidden defects must be notified within 2 months of discovery.
Failure to notify defects within the applicable period may result in the loss of warranty rights. Warranty coverage for second-hand vehicles is provided for a period of one year in accordance with applicable legislation.
Any transport damage or shortages must be documented by the carrier or driver on the delivery documents, including the identification details of the parties involved.
In the event of a defect, we may choose between repair or replacement, unless mandatory consumer protection laws provide otherwise. Additional costs caused by transporting defective goods to a location other than our commercial premises shall be borne by the buyer.
The buyer may not claim damages instead of contractual performance. Our liability is limited to personal injury and foreseeable damages resulting from the breach of essential contractual obligations. Liability for property damage applies only in cases of intent or gross negligence.
Where damages are covered by the buyer’s insurance, our liability is limited to any remaining disadvantages, such as increased insurance costs or financial losses until settlement.
For returns or warranty claims, the delivery note or relevant documentation must be provided. Any costs arising from unjustified claims shall be borne by the buyer.
VI. Retention of Title (Reserving the Ownership)
Ownership of the delivered vehicle or goods remains with us until full payment of the purchase price has been received.
For business customers, this retention of title also applies to all outstanding claims arising from the ongoing business relationship.
Any processing, modification, or transformation of the delivered goods shall be carried out on our behalf. The buyer receives rights corresponding to the value of their paid share until full ownership is transferred.
The buyer may only sell, process, or use goods subject to retention of title within the normal course of business. Any claims resulting from resale or transfer of these goods are assigned to us as security for payment.
The buyer must handle the reserved goods with due care, maintain appropriate insurance coverage against risks such as fire and theft, and provide proof of insurance upon request.
If the buyer fails to meet payment obligations or breaches contractual duties, we reserve the right to request the return of the goods at the buyer’s expense.
VII. Return of Goods
Goods delivered in accordance with the order cannot generally be returned after delivery, except in exceptional cases with our prior written approval.
Approved returns will only be accepted if the goods are in perfect, unused, and resalable condition, including the original packaging where applicable. A restocking fee of at least 10% may apply.
Vehicles or goods manufactured, configured, or specially adapted according to the buyer’s requirements cannot normally be returned, except where mandatory consumer protection laws apply due to defects or non-compliance with the agreed specifications.
For vehicles, any return process shall be handled in accordance with applicable consumer protection legislation, particularly in cases involving warranty claims, defects, or breaches of contractual obligations.
