GENERAL TERMS AND CONDITIONS

§1 Subject Matter

These General Terms and Conditions govern the relationship between mind2move GmbH, Heinrich-Hertz-Straße 2, 92224 Amberg, represented by the managing director Patrick Schröder (hereinafter referred to as the "Seller") and its business customers (hereinafter referred to as the "Buyer") in the context of the sale and delivery of used and new vehicles. The vehicles are clearly identified by chassis number, first registration date, mileage, brand, and model. The condition report, which is part of the sale, contains all further information regarding the condition of the vehicle.

§2 Purchase Price, Deposit Agreement, and Invoice Issuance

1. The purchase price of the vehicles is fixed and must be stated in euros. It is net, plus a deposit amounting to 19% of the purchase price.

2. The invoice and the deposit agreement are prepared within 24 hours after receipt and verification of the company documents (commercial register excerpt / business registration, identification of the managing director, etc.). The signed deposit agreement must be available no later than upon receipt of payment.

§3 Payment Terms

1. Payment of the purchase price and the deposit amount is due within five working days after invoicing. If the Buyer fails to comply with this obligation or does not provide proof of payment, the Seller is entitled to cancel the contract without further notice and to demand compensation in the amount of 10% of the vehicle price, but at least 500 euros net per vehicle.

2. Furthermore, the Seller is entitled to offset claims for damages against the Buyer with other vehicles, credits, down payments, and deposits, and to retain vehicle documents of other vehicles as security until the claims have been fully settled.

3. The deposit paid will be refunded promptly after verification of the submitted documents in accordance with the deposit agreement, but no later than five working days after receipt of the Buyer’s complete and correct documents.

§4 Retention of Title

1. The delivered vehicles remain the property of the Seller until full payment of all claims arising from the purchase contract has been made. This also applies to future and conditional claims arising from the ongoing business relationship between Seller and Buyer.

2. The Buyer is entitled to resell the vehicles subject to retention of title in the ordinary course of business, as long as they fulfill their payment obligations towards the Seller. In the event of resale, the Buyer hereby assigns to the Seller all claims in the amount of the invoice total that arise from the resale against third parties. The Seller hereby accepts this assignment.

§5 Collection, Storage Fees, and Transfer of Risk

1. The Buyer is entitled to collect the vehicle no earlier than 2 working days after receiving the collection authorization.

2. Collection is carried out upon presentation of an authorization provided by the Seller, which will be made available within 2–3 working days after receipt of payment. Collection must take place within 10 working days (working days are Monday to Friday) after invoice issuance.

3. If the vehicle is not collected within this period, the Seller will charge a storage fee of 15 euros net per calendar day starting from the first day after the deadline expires. If the vehicle is not paid for in time or if collection within the 10 working day period is not ensured, the Seller is entitled to arrange compulsory transport of the vehicle at the Buyer’s expense. The compulsory transport per vehicle costs at least 250 euros and includes the costs for vehicle transport, storage and retrieval fees at the parking location, storage fees, as well as the costs incurred for organization. These costs will be invoiced additionally to the Buyer.

4. Upon dispatch of the vehicle invoice, the risk of accidental loss and accidental deterioration of the vehicle passes to the Buyer, but no later than upon payment of the purchase price.

§6 Exclusion of Guarantee, Warranty, and Liability for Defects

The sale is carried out exclusively to vehicle dealers under exclusion of any guarantee, warranty, and liability for defects. Furthermore, the Buyer must report any complaints regarding technical defects or defects in the bodywork in writing to the aftersales team of mind2move GmbH within 24 hours after receipt or handover of the vehicle. The report must be made by email to export@mind2move.de. The report should include a detailed description of the defect and, where possible, be supported by meaningful evidence (e.g., photos, videos).

Upon receipt of a complaint, the Seller will examine it promptly and, at their own discretion, decide whether the reported defects are justified. In the case of justified defects, the Seller will, at their option, either arrange for rectification, replace the vehicle, offer a financial settlement, or carry out a reversal of the contract. Complaints received after the 24-hour period may be excluded from processing unless the Buyer proves that the defect was not recognizable within the period.

§7 Applicable Law, Jurisdiction, Language Version

1. All legal disputes arising from the contract shall be governed exclusively by German law.

2. Place of jurisdiction is Amberg.

3. In the event of discrepancies between the German version and translations of these General Terms and Conditions, the German version shall always prevail as binding.

§8 Documentation

The sale includes the deposit agreement, the vehicle invoice, the condition report, and the confirmation of receipt as attachments.

§9 Cancellation

mind2move GmbH reserves the right to terminate ongoing business relationships or to refuse future transactions with the signatory (Buyer) if they violate the General Terms and Conditions (GTC) of mind2move GmbH. This measure serves to maintain business integrity and compliance with the agreed conditions.

§10 Amendment of the General Terms and Conditions

1. mind2move GmbH reserves the right to amend or supplement these General Terms and Conditions (GTC) at any time. Changes shall be deemed effective as soon as they have been communicated to the Buyer.

2. Notification of changes to the GTC shall be made in writing or electronically and shall be deemed delivered if sent to the last known address or email address of the Buyer.

3. The Buyer shall be granted a period of four weeks after notification of the changes to object to them in writing. If no objection is made, the amended GTC shall be deemed accepted.

4. In the event of an objection, mind2move GmbH reserves the right to terminate the contractual relationship appropriately, taking into account the legitimate interests of both parties.

§11 Final Provisions

Amendments and supplements to these GTC as well as to the purchase contract must be made in writing. This also applies to any deviation from this written form requirement. In the event of discrepancies between the German version and translations of these General Terms and Conditions, the German version shall always prevail as binding.

Status: January 2025