General Business
conditions
for the provision of services by GeigerCars.de GmbH, Zamdorfer Straße 6-8, 81677 Munich, email: info@geigercars.de (hereinafter referred to as "Contractor") to its customers (hereinafter referred to as "Client")
1. General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the client and the contractor, including these GTC. 1.2 The contractor is entitled to award the required services to subcontractors in its own name and for its own account, who in turn may also employ subcontractors. The contractor remains the sole contractual partner of the client. Subcontractors will not be used if it is clear to the contractor that their use would conflict with the legitimate interests of the client. 1.3 If, in addition to these GTC, other contract documents or other terms and conditions in text or written form have become part of the contract, the provisions of these other contract documents take precedence over these GTC in the event of a contradiction. 1.4 The contractor does not accept any GTC used by the client that deviate from these GTC - unless expressly agreed.
2. Subject matter of the contract and scope of services
2.1 The contractor provides the following services to the client as an independent entrepreneur: GeigerCars specializes in the sale, service and modification of US car brands. They offer a wide range of vehicles, from classic muscle cars to modern SUVs and pick-ups. In addition to vehicle sales, their service offering includes individual tuning and performance improvements as well as maintenance and repair services. GeigerCars is aimed at customers who place particular value on performance, individuality and a love of American vehicle brands. 2.2 The specific scope of services is the subject of individual agreements between the contractor and the client. 2.3 The contractor provides the contractual services with the greatest possible care and conscientiousness in accordance with the latest status, rules and findings. 2.4 The contractor is obliged to provide the services owed in accordance with the contract. When carrying out his work, however, he is not subject to any instructions with regard to the type of provision of his services, the place of provision of the service or the time of provision of the service. However, he will determine the schedule of work days and the time allocation on these days in such a way that optimum efficiency is achieved in his work and in the implementation of the subject matter of the contract. The service provision by the contractor takes place solely in agreement and coordination with the client.
3. Client’s obligation to cooperate
It is the client's responsibility to provide the information, data and other content that he is required to provide for the purpose of fulfilling the service completely and correctly. The contractor is in no way liable to the customer for delays and delays in the provision of the service that arise due to late and necessary cooperation or assistance from the client; the provisions under the heading "Liability/Indemnity" remain unaffected by this.
4. Remuneration
4.1 The remuneration is agreed on an individual contract. 4.2 The remuneration is to be paid after the services have been provided. If the remuneration is calculated according to time periods, it is to be paid after the expiry of the individual time periods (§ 614 BGB). In the case of expenditure-related billing, the contractor is entitled, subject to deviating agreements, to invoice the services provided on a monthly basis. 4.3 After the services have been provided, the contractor will send the client an invoice by post or email (e.g. as a PDF). The remuneration is due for payment within 14 days of receipt of the invoice.
5. Liability / Indemnity
5.1 The contractor is liable, without limitation for any legal reason, in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, due to a guarantee promise, unless otherwise regulated in this regard, or due to mandatory liability. If the contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above sentence. Material contractual obligations are obligations that the contract imposes on the contractor in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. Otherwise, the contractor's liability is excluded. The above liability regulations also apply with regard to the contractor's liability for his vicarious agents and legal representatives. 5.2 The client indemnifies the contractor against any claims made by third parties against the contractor due to the customer's violation of these contractual terms or of applicable law.
6. Contract duration and termination
6.1 The parties agree on the contract duration and the notice periods for ordinary termination individually. 6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected. 6.3 The contractor must return or destroy all documents and other content provided to him immediately after termination of the contract, at the customer's discretion. The assertion of a right of retention is excluded. Electronic data must be deleted completely. Documents and data for which there is a longer statutory retention period are excluded, but only until the end of the respective retention period. The contractor must confirm the deletion to the company in writing at the company's request.
7. Confidentiality and data protection
7.1 The contractor will treat all processes that come to his knowledge in connection with the order as strictly confidential. The contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the information that is the subject of the contract. The obligation of confidentiality applies indefinitely beyond the duration of this contract. 7.2 The contractor undertakes to comply with all data protection regulations when carrying out the order - in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act.
8. Final provisions
8.1 The law of the Federal Republic of Germany applies, excluding the CISG. 8.2 If a provision of these General Terms and Conditions is or becomes invalid, the validity of the General Terms and Conditions shall otherwise remain unaffected. 8.3 The Client shall support the Contractor in providing its contractual services by providing appropriate cooperation, where necessary. In particular, the Client shall provide the Contractor with the information and data required to fulfil the order. 8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that the Contractor's registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected. 8.5 The Contractor is entitled to change these General Terms and Conditions for objectively justified reasons (e.g. changes in case law, legal situation, market conditions or business or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified of this by email at least two weeks before the change comes into effect. If the existing customer does not object within the period specified in the notification of change, his consent to the change is deemed to have been given. If he objects, the changes will not come into effect; in this case, the contractor is entitled to terminate the contract with immediate effect at the time the change comes into effect. The notification of the intended change to these terms and conditions will indicate the period and the consequences of the objection or failure to object.
9. Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG. You can find our email address in the heading of these terms and conditions.