§ 1 Scope
These Terms & Conditions apply to all contracts between Auto-Design Franken UG (haftungsbeschränkt), Birkenbüschlein 3, 74731 Walldürn, Germany (“Contractor”), and its customers regarding bespoke vehicle interior works and the sale of accessories. Deviating customer terms shall not apply unless expressly agreed in writing.
§ 2 Conclusion of Contract
Our offers are non-binding.
A contract is concluded through our written confirmation or commencement of work/delivery.
Oral side agreements require written confirmation.
§ 3 Prices and Payment
All prices are quoted in EUR including statutory VAT, unless otherwise stated.
Payments are due immediately upon agreement without deduction. Deposits may be required.
In case of late payment, statutory default interest applies.
§ 4 Performance, Delivery and Deadlines
Delivery and completion dates are binding only if expressly confirmed in writing.
In cases of force majeure or unforeseen events (e.g. supplier shortages), deadlines are reasonably extended.
The Contractor may use suitable subcontractors.
§ 5 Retention of Title
Goods remain the property of the Contractor until full payment has been made.
§ 6 Acceptance
Upon completion, the customer shall accept the work.
Obvious defects must be reported immediately upon acceptance.
Hidden defects must be reported promptly upon discovery in writing.
§ 7 Warranty
Consumers (B2C): statutory warranty period of 24 months from acceptance/delivery applies.
Business clients (B2B): warranty limited to 12 months from acceptance/delivery.
Excluded from warranty are:
normal wear and tear,
improper use, lack of maintenance,
modifications or interventions by third parties.
§ 8 Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal in accordance with the provisions of the German Civil Code (BGB).
The right of withdrawal shall be governed by the applicable statutory provisions of the Federal Republic of Germany.
Note: For individually manufactured or personalised products/services, the right of withdrawal may be limited or excluded (§ 312g (2) BGB).
§ 9 Liability
The Contractor shall be liable without limitation in cases of intent and gross negligence.
In cases of simple negligence, liability shall be limited to essential contractual obligations (cardinal obligations) and to foreseeable, typical damages.
Liability for damages resulting from injury to life, body or health remains unaffected.
Claims under the Product Liability Act remain unaffected.
§ 10 Place of Jurisdiction and Applicable Law
German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Place of jurisdiction for merchants, legal entities under public law, or special funds under public law is Mosbach.
For consumers, the statutory place of jurisdiction applies.
§ 11 Final Provisions
Side agreements and amendments require written form.
If any provision of these Terms is invalid, the validity of the remaining provisions shall not be affected (severability clause).