Terms and Conditions

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for the Mercedes-Benz Online Store operated by Kalbacher GmbH & Co. KG,

Max-Eyth-Straße 4, 72379 Hechingen
Phone: + 49 7471 985526
Email: [email protected]
Registered in the Commercial Register of the Hechingen Local Court under HRA 420714
VAT ID: DE 144 840 882


§ 1 Scope and Subject Matter of the Contract

(1) These General Terms and Conditions (“GTC”) apply to all contracts between Mercedes-Benz Autohaus Kalbacher (hereinafter referred to as the “Dealer”) and you, the customer, entered into via the Mercedes-Benz Online Shop platform operated by Kalbacher GmbH & Co. KG (hereinafter referred to as the “Platform”).

(2) These Terms and Conditions exclusively govern the contractual relationship between the Merchant and the Customer. The Customer’s terms and conditions shall not become part of the contract, even if the Merchant does not expressly object to their inclusion.

(3) These Terms and Conditions are available at any time at https://kalbacher-shop.de/shopservice/agb/ and may be printed or downloaded.

(4) “Consumer,” as used in these General Terms and Conditions, refers, in accordance with Section 13 of the German Civil Code (BGB), to any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor to their self-employed professional activities. In contrast, “business operator,” as defined in § 14 of the German Civil Code (BGB), means any natural or legal person or a partnership with legal capacity that, at the time of concluding the contract, is acting in the course of its commercial or self-employed professional activity.


§ 2 Conclusion of the Contract

(1) The following languages are available on the platform for entering into a contract: German, English, Italian, and Dutch. Clicking on the country flag icon opens a drop-down menu where the customer can select the desired language and switch between the available languages. The contract is concluded in the language that is active when the order is submitted. All information regarding the contract, the order confirmation, the General Terms and Conditions, as well as the cancellation policy and cancellation form, will be provided in that language.

(2) To purchase products through the platform, the customer may select products from the merchant’s product range and add them to the shopping cart by clicking the “Add to Cart” button. The customer is then given the option to view the shopping cart by clicking “View Cart.” The shopping cart can also be accessed by clicking the shopping cart icon and then “View Cart.” In the shopping cart, the customer can open the shipping details (delivery country, payment method, and shipping method) and adjust them using a drop-down menu.

(3) By clicking the “Proceed to Checkout” button, the customer can continue the ordering process, enter the order details into the provided order form, and select the desired payment method from those displayed.

(4) Before submitting the order by clicking the “Place Order” button, the buyer has the opportunity during the ordering process to review and modify all information in the order form or return to the store.

(5) The order can only be submitted if the customer accepts the Terms and Conditions by checking the box “I have read the Privacy Policy and accept the Terms and Conditions” and thereby incorporates them into their declaration of intent. The binding order is submitted by clicking the “Place Order” button. The contract is conclusively formed upon receipt of the order by the merchant. The customer’s right to cancel the order under Section 7 (consumer right of cancellation), if applicable, remains unaffected by this.

(6) The merchant then sends the customer an automatic confirmation of receipt via email, which lists the customer’s order once again and documents its receipt.

(7) The merchant does not store the text of the contract, and the customer can no longer access it on the platform after the order process is complete. However, the text of the contract—consisting of the order details and the General Terms and Conditions, including the cancellation policy and the model cancellation form—is included in the order confirmation, which is sent to the customer by email after the order is placed in accordance with paragraph 4, and can be saved from there in a format suitable for reproduction.


§ 3 Payment Methods, Prices, and Shipping Costs

(1) The merchant generally offers various payment methods, which are listed on the platform. The specific payment methods available in each case are displayed during the ordering process immediately before the payment method is selected. In particular, the merchant reserves the right to make payment by invoice contingent upon a maximum order quantity or a maximum order value, or to exclude this payment method for new customers on their first order.

(2) If a customer selects a payment method offered through the “mollie” payment service, payment processing is handled by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter “mollie”), which acts as the payment interface. The specific payment methods offered through mollie (currently PayPal and credit card) are displayed to the customer on the merchant’s platform immediately before the payment method is selected. The payment methods actually available may differ from the examples listed here and are determined by the current display on the platform. mollie may use additional payment services to process payments. Immediately before the customer selects a payment method, the platform will display which payment service is being used, the specific payment terms that apply, and whether any additional fees apply and, if so, the amount. These terms must be expressly accepted before the payment is processed. Further information about “mollie” is available online at https://www.mollie.com/de/.

(3) The Apple Pay and Google Pay payment methods are available only on certain compatible devices. The availability of these payment methods in the online store depends on the device used by the customer and is displayed to the customer before the payment method is selected. Specific payment terms and any additional fees for Apple Pay or Google Pay are displayed to the customer immediately before the payment method is selected and must be expressly accepted before the payment is processed.

(4) The prices in effect at the time of the order apply. All prices are listed in EUR and include the applicable sales tax.

(5) The customer is responsible for shipping costs. The binding shipping costs are displayed in the order summary before the order is submitted.

(6) Payment of the purchase price is due immediately upon conclusion of the contract. If the “Invoice” payment method is selected, the invoice amount must be paid no later than two weeks after receipt of the merchant’s invoice.

(7) The customer may only set off claims against the merchant’s claims or assert a right of retention if the customer’s counterclaim is undisputed or has been legally established, or if the counterclaim is based on the same contractual relationship. Section 354a of the German Commercial Code (HGB) remains unaffected.


§ 4 Shipping, Delivery, and Pickup; Unavailability

(1) Products sold by the merchant are generally shipped or delivered by DPD or UPS.

(2) Shipping and delivery are available exclusively within the European Union.

(3) The delivery time is displayed to the customer in the respective product description and is effective as of the time the order is placed.

(4) If no copies of the item selected by the customer are available at the time the customer places the order, the merchant shall notify the customer immediately. This also applies in the event of temporary unavailability. If the item is unavailable for more than a temporary period because the merchant, despite having entered into a corresponding hedging transaction, is not receiving delivery itself for reasons beyond its control and cannot procure the item elsewhere through reasonable efforts, the merchant is entitled to rescind the contract. In this case, the merchant shall immediately refund any payments already received. The customer’s statutory rights remain unaffected by this provision.

(5) Partial deliveries of an order consisting of multiple items are permitted, provided they are reasonable for the customer. This is particularly the case if the parts of the delivery can be used separately and the customer has no legitimate interest in receiving the entire order at once. Shipping costs, if any, will be billed to the customer only once.

(6) If the merchant and the customer agree that the customer will pick up accessory products, the customer is obligated to accept the purchased item within 14 days of receiving the notice of readiness. In the event of non-acceptance or failure to accept the item within the specified time, the merchant is entitled to its statutory rights.


§ 5 Warranty Rights

(1) The merchant is liable for material defects and defects of title in accordance with statutory provisions. § 6 applies to claims for damages.

(2) The description of the product in the respective product descriptions does not imply the assumption of a guarantee or a no-fault procurement risk. An additional guarantee, in addition to claims for material defects or defects of title within the meaning of paragraph 1, exists only to the extent that it is expressly assumed by the merchant or manufacturer’s warranties are granted.

(3) The customer’s claims for material defects in goods are subject to the statute of limitations in accordance with statutory provisions, unless otherwise agreed below.

(4) If the customer is a business, a legal entity under public law, or a special fund under public law, claims for material defects in goods are subject to a one-year statute of limitations.

(5) Longer limitation periods in the event that the merchant assumes a warranty, in the other cases specified in § 6(1) and (2) of these General Terms and Conditions, and in the cases specified in § 438(1)(2) of the German Civil Code (BGB) remain unaffected.


§ 6 Liability

(1) The merchant is fully liable to the customer
- for willful misconduct and gross negligence,
- for damages resulting from injury to life, limb, or health,
- for defects fraudulently concealed,
- to the extent of any warranty assumed by the merchant or any agreement regarding quality,
- under the Product Liability Act.

(2) In cases of simple negligence, the merchant is liable for a breach of a material contractual obligation. A material contractual obligation within the meaning of this paragraph is an obligation whose fulfillment is essential for the performance of the contract and on whose fulfillment the customer may therefore reasonably rely. Liability under the first sentence is limited to damages that were foreseeable at the time the contract was concluded and that are typical for this type of contract.

(3) In all other respects, the merchant’s liability is excluded.

(4) The limitations of liability set forth in this Section 6 apply mutatis mutandis to the benefit of the merchant’s legal representatives, employees, and vicarious agents.


§ 7 Right of Withdrawal for Consumers

(1) Consumers as defined in § 13 of the German Civil Code (BGB) are entitled to a statutory right of withdrawal.

(2) If the consumer exercises his or her right of withdrawal, the consumer must bear the direct costs of returning the goods.

(3) The merchant shall provide the customer with the following

Right of Withdrawal Policy

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 designated by you (other than the carrier), took possession of the last item.

To exercise your right of withdrawal, you must notify us (Autohaus Kalbacher GmbH & Co. KG, Max-Eyth-Straße 4, 72379 Hechingen, email: [email protected], phone: +49 7471 985526, Fax: +49 (0) 7471 985522) by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, though its use is not mandatory. You may also exercise your right of withdrawal online at https://kalbacher-shop.de/shopservice/widerrufsrecht/. If you use this online feature, we will immediately send you a confirmation of receipt on a durable medium (e.g., via email) containing information about the content of the notice of withdrawal as well as the date and time of its receipt.

To meet the withdrawal deadline, it is sufficient for you to send the notice of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. 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 occurs first.

You must return or hand over the goods to us without delay and, in any case, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the fourteen-day period expires.

You are responsible for the direct costs of returning the goods. The costs are estimated at a maximum of approximately 49.00 EUR.

You are liable for any loss in value of the goods only if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.



(4) The merchant shall inform the customer about the model withdrawal form as follows:

Sample Cancellation Form

(If you wish to cancel the contract, please fill out this form and return it.)

 – To Autohaus Kalbacher GmbH & Co. KG, Max-Eyth-Straße 4, 72379 Hechingen, Email: [email protected]:
 – I/we (*) hereby cancel the contract I/we (*) entered into 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 written notices)
 – Date

(*) Delete as appropriate.


(5) Exclusion and Expiration of the Right of Withdrawal

Unless the parties have agreed otherwise, the right of withdrawal does not apply
- to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs (Section 312g(2)(1) of the German Civil Code (BGB));
- 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 (Section 312g(2)(3) of the German Civil Code (BGB));
- Contracts for the delivery of goods where, due to their nature, the goods have become inseparably mixed with other goods after delivery (Section 312g(2)(4) of the German Civil Code (BGB));
- in the case of contracts for the delivery of audio or video recordings or computer software on CDs, DVDs, or other physical data carriers in sealed packaging, provided that the seal has been broken after delivery (Section 312g(2)(6) of the German Civil Code (BGB)).

For contracts concerning the provision of digital content not stored on a tangible medium, the right of withdrawal expires if
a) the merchant has begun to perform the contract,
b) the consumer has expressly consented to the merchant beginning to perform the contract before the expiration of the withdrawal period,
c) the consumer has confirmed awareness that, by giving consent under subparagraph (b), the consumer’s right of withdrawal expires upon the commencement of contract performance, and
d) the merchant has provided the consumer with a confirmation in accordance with § 312f on the copy of the contract or in the contract confirmation.


§ 8 Retention of Title

(1) The goods remain the property of the dealer until the purchase price has been paid in full. The goods subject to retention of title may not be pledged to third parties or transferred as security until the secured claims have been paid in full. The buyer must notify the merchant immediately in writing if and to the extent that third parties attempt to seize the goods subject to retention of title.

(2) The customer is obligated to treat the goods with due care until the purchase price has been paid in full.


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

The merchant is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.


§ 10 Final Provisions

(1) Contracts concluded via the platform are governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, does not apply. If the customer is a consumer, the statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions—in particular those of the country in which the customer, as a consumer, has his or her habitual residence (Art. 6 of Regulation (EC) No. 593/2008 [Rome I])—remain unaffected by the foregoing choice of law.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with contracts concluded via the platform is the merchant’s place of business.

For all other customers, this place of jurisdiction applies only if the customer does not have a general place of jurisdiction in Germany, if the customer relocates their domicile or habitual residence outside of Germany, or if their domicile or habitual residence is unknown at the time the action is filed. For consumers who have their domicile or habitual residence in a Member State of the European Union, the statutory protective provisions in favor of the consumer set forth in Regulation (EU) No. 1215/2012 (Brussels Ia), in particular Articles 17 through 19 thereof, remain unaffected.

(3) Should one or more of the foregoing provisions be or become invalid, the validity of the remaining provisions shall remain unaffected.