General Terms and Conditions

General Terms and Conditions for the Mercedes-Benz Online Shop of Kalbacher GmbH & Co KG

§ 1 Scope and subject matter of the contract

(1) These General Terms and Conditions ("GTC") apply to all contracts with Mercedes-Benz Autohaus Kalbacher (hereinafter referred to as "Dealer") and you as a customer via the Mercedes-Benz Kalbacher Exclusive Shop platform (hereinafter referred to as "Platform").

(2) These GTC shall exclusively govern the contractual relationship between the Dealer and the Customer. The customer's GTC shall not become part of the contract even if the retailer does not expressly object to their inclusion.

(3) These GTCs are available at any time at https://shop.kalbacher.de/Shopservice/AGB/ and can be printed out or downloaded.

§ 2 Conclusion of contract

(1) The placement of the respective product on the platform does not constitute a legally binding offer, but merely a non-binding invitation by the merchant to the customer to submit an offer.

(2) In order to purchase products via the platform, the customer can place the selected products in the shopping cart and then enter the order data in the order form provided.

(3) Before submitting the order by clicking on the "Order with obligation to pay" button, the buyer is given the opportunity to check all the contents of the order form, to change them or to cancel the entire order process.

(4) After selecting the desired payment method and accepting these GTCs, the binding offer is sent by clicking on the "Order with obligation to pay" button. The merchant confirms receipt of the order by e-mail. This confirmation email does not yet constitute acceptance of the customer's offer.

(5) Acceptance of the offer by the merchant shall be made by express declaration of acceptance to the customer by separate e-mail by the end of the second working day following the day of receipt of the offer at the latest or by sending the goods. The retailer is entitled to reject contract offers without giving reasons.

(6) The order data shall not be saved and can no longer be retrieved after completion of the order process. The order data and the General Terms and Conditions (including revocation instructions) can be seen again in the order confirmation, which is sent to the customer by e-mail after the order, and can be printed out from there in file form

§ 3 Prices and payment

(1) The merchant shall offer the customer several online payment methods for payment of the purchased goods in the case of contracts against payment. The specific payment methods available shall be listed on the platform.

(2) If a payment method offered via the "mollie" payment service is selected, payment shall be processed via the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter referred to as "mollie"). The individual payment methods offered via mollie are communicated to the customer on the merchant's platform. In order to process payments, mollie may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "mollie" can be found on the Internet at https://www.mollie.com/de/

(3) The prices at the time of the order shall apply. All prices are quoted in EUR and include VAT. Shipping costs are not included in this price and are shown separately in the order process.

(4) In the case of purchase contracts between the merchant and the customer, the total amount to be paid, including any shipping costs, is due upon conclusion of the contract.

(5) The Customer may only offset or assert a right of retention against claims of the Merchant if its counterclaim is undisputed, a legally binding title exists or the counterclaim is in a synallagmatic relationship to the respective claim concerned.

§ 4 Dispatch, delivery and collection

(1) The products sold by the Dealer shall be shipped or delivered by DPD.

(2) You have the option of choosing between standard shipping and express shipping in the order summary on the platform before placing the order subject to payment (button: "Order subject to payment").

(3) The customer shall bear the shipping costs. The binding shipping costs are displayed in the order summary before the order is submitted.

(4) Shipping and delivery shall take place exclusively within the European Union.

(5) General information on the availability, shipment or delivery of a product on the merchant's website shall not constitute binding delivery dates.

(6) The delivery of ordered goods shall take place while stocks last. If Mercedes Benz Customer Solutions GmbH is unable to deliver the ordered goods through no fault of its own, the dealer shall be entitled to withdraw from the contract with the customer. If, in exceptional cases, goods that have already been paid for cannot be delivered, the dealer shall refund the payments received to the customer. This shall not affect the customer's statutory claims.

(7) The expected delivery time shall be indicated to the customer in the respective product description and shall apply from receipt of payment.

(8) Partial deliveries of goods in the case of an order for several goods are permitted, provided they are reasonable for the customer. Shipping costs, if incurred, shall only be charged to the customer once

(9) If the Dealer and the Customer agree on the collection of accessory products, the Customer shall be obliged to accept the object of purchase within eight days of receipt of the notification of availability. In the event of non-acceptance, the Dealer may exercise its statutory rights.

(10) If the Dealer demands compensation in the event of non-collection, this shall generally amount to 10% of the purchase price. The compensation shall be set higher or lower if the retailer proves higher damages or the customer proves that lower damages or no damages at all were incurred.

§ 5 Warranty rights

(1) There is a statutory liability for material defects. A guarantee or the assumption of a no-fault procurement risk is not associated with the description of the service in the respective service descriptions

(2) Claims of the customer due to material defects of goods shall expire in accordance with the statutory provisions in two years from delivery of the goods, unless otherwise agreed below. However, if the customer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, claims for material defects for goods shall become statute-barred after one year. Longer limitation periods due to mandatory statutory provisions and in the event of the assumption of a guarantee by the retailer shall remain unaffected.

(3) Section 6 shall apply to claims for damages.

§ 6 Liability

(1) In the event of a defect in a delivered item or service, the Customer shall be entitled to the statutory warranty rights; however, the Dealer shall only pay damages in accordance with this Section 6.

(2) The Dealer shall be liable to the Customer for intent and gross negligence as well as for damages resulting from injury to life, body or health without limitation.

(3) In cases of slight negligence, the Dealer shall be liable for breach of a material contractual obligation. A material contractual obligation within the meaning of this clause is an obligation whose fulfillment makes the execution of the contract possible in the first place and on whose fulfillment the customer may therefore regularly rely.

(4) Liability in accordance with the above (3) shall be limited to the typical and foreseeable damage at the time of conclusion of the contract.

(5) The limitations of liability of § 6 shall apply accordingly in favor of the employees, agents and vicarious agents of the merchant.

(6) Any liability of the Dealer for guarantees given and for claims based on the Product Liability Act shall remain unaffected.

(7) Any further liability of the Dealer shall be excluded.

§ 7 Right of withdrawal for consumers

(1) Consumers within the meaning of Section 13 of the German Civil Code (natural persons who enter into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity) have a statutory right of withdrawal, as explained below.

(2) Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

In the case of a contract for several goods that were ordered as part of a single order and that are delivered separately, the withdrawal period begins on the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

In the case of a contract for delivery in several partial shipments or pieces, the withdrawal period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.

To exercise the right to cancel, you must inform Autohaus Kalbacher GmbH & Co KG, Max-Eyth-Straße 4, 72379 Hechingen, Mail: webshop@kalbacher.de, Phone: + 49 (0) 7471 985512, Fax: + 49 (0) 7471 985522 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

(3) Sample withdrawal form

Sample withdrawal form

(If you wish to withdraw from the contract, please complete and return this form)

To

Autohaus Kalbacher GmbH &Co KG

Max-Eyth-Straße 4, 72379 Hechingen

Mail: webshop@kalbacher.de

Phone: + 49 (0) 7471 985512

Telefax: + 49 (0) 7471 985522

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

 (*) Delete as applicable.

(3) Exclusion of the right of withdrawal

The customer may not withdraw from the contract for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery (in accordance with § 312g para. 2 no. 3 BGB), nor for contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature (in accordance with § 312g para. 2 No.4 BGB) and not for contracts for the supply of audio or video recordings on CDs or DVDs or other physical data carriers or of computer software in a sealed package if the seal has been removed after delivery (in accordance with § 312g para. 2 No.6BGB

§ 8 Retention of title

(1) The goods shall remain the property of the retailer until the purchase price has been paid in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of the retailer.

(2) The Customer shall be obliged to treat the goods with care until the purchase price has been paid in full.

§ 9 Information on the online dispute resolution procedure

The EU Commission provides an online platform for online dispute resolution (ODR platform). It can be accessed via the link http://ec.europa.eu/consumers/odr/. The retailer is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 10 Notice pursuant to Section 36 of the Consumer Dispute Resolution Act (VSBG)

The retailer will not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts concluded via the platform, unless mandatory national consumer protection regulations under the law of the state in which the customer has his domicile or habitual residence take precedence for the benefit of the customer. 2.

(2) If the Customer is an entrepreneur within the meaning of Section G, Clause 1, Sentence 2, the exclusive place of jurisdiction for all present and future claims arising from or in connection with this contractual relationship shall be the registered office of the Dealer.

(3) The same place of jurisdiction shall apply to the domestic customer if he has no general place of jurisdiction in Germany, moves his domicile or usual place of residence out of Germany after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed. Otherwise, the place of jurisdiction for claims of the retailer against the customer shall be the customer's place of residence.

(4) The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall not apply.

(5) Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions.

(6) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of the merchant, provided that the contracting parties are merchants or the customer has no general place of jurisdiction in Germany or in another EU member state or has moved his permanent residence abroad after these terms of use come into effect or the place of residence or habitual abode is not known at the time the action is brought.