TERMS AND CONDITIONS

General terms and conditions

the OFFTRACK CAMPER - Heyne Fahrzeugbau GmbH,

Vertr.d.d. Gf. Niclas Heyne, Mühlenhagen 158-160, 20539 Hamburg, HRB 179128

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1. Conclusion of contract/transfer of rights and obligations of the buyer

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1. The buyer is bound to the order for a maximum of three weeks, in the case of commercial vehicles up to six weeks. This period is reduced to 10 days (2 weeks for commercial vehicles) for vehicles that are available from the seller. The purchase contract is concluded when the seller confirms the acceptance of the order for the specified purchase item in text form within the specified periods or carries out the delivery. However, the seller is obliged to inform the customer immediately if he does not accept the order.

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2. Transfers of the buyer's rights and obligations under the purchase contract require the consent of the seller in writing. This does not apply to a claim made by the buyer against the seller for money. Other claims by the buyer against the seller do not require the seller's prior consent if the seller has no legitimate interest in an exclusion of assignment or if the buyer's legitimate concerns in assignability of the right outweigh the seller's legitimate interest in an exclusion of assignment.

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2. payment

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1. The purchase price and prices for ancillary services are due for payment upon handing over the object of purchase and handing over or sending the invoice.

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2. The buyer can only set off against claims made by the seller if the buyer's counterclaim is undisputed or if there is a legally binding title. This does not apply to counterclaims made by the buyer under the same purchase contract. He can only assert a right of retention insofar as it is based on claims arising from the same contractual relationship.

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3. Delivery and delay in delivery

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1. Delivery dates and delivery periods, which can be agreed upon in a binding or non-binding manner, must be stated in text form. Delivery periods begin with the conclusion of the contract.

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2. The place of delivery is the seller's registered office.

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3. Six weeks after a non-binding delivery date or a non-binding delivery period has been exceeded, the buyer may request the seller to deliver. This period is reduced to 10 days (two weeks for commercial vehicles) for vehicles that are available from the seller. With receipt of the request, the seller is in default. If the buyer is entitled to compensation for damage caused by delay, this is limited to a maximum of 5% of the agreed purchase price in the event of slight negligence on the part of the seller.

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4. If the buyer also wishes to withdraw from the contract and/or claim compensation in lieu of performance, he must set the seller a reasonable period of time for delivery after expiry of the relevant period in accordance with section 2, sentence 1 or 2 of this section. If the buyer is entitled to compensation instead of payment, the claim is limited to a maximum of 25% of the agreed purchase price in the event of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, acts in the exercise of his commercial or independent professional activity, claims for damages are excluded in the event of slight negligence. If, while in default, the seller is unable to deliver by accident, he is liable with the limitations of liability agreed above. The seller is not liable if the damage would have occurred even with timely delivery.

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5. If a binding delivery date or a binding delivery period is exceeded, the seller is already in default when the delivery date or delivery period is exceeded. The buyer's rights are then determined in accordance with sections 2 and 3 of this section.

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6. The limitations and exclusions of liability in this section do not apply to damages based on a grossly negligent or intentional breach of duties on the part of the seller, his legal representative or his vicarious agent, or in the event of injury to life, body or health.

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7. Force majeure or operational disruptions occurring on the part of the seller or its supplier, which temporarily prevent the seller from delivering the object of purchase on the agreed date or within the agreed period through no fault of his own, extend the dates and deadlines set out in paragraphs 1 to 4 of this section by the duration of the performance disruptions caused by these circumstances. If such disruptions result in a delay of more than four months, the buyer can withdraw from the contract. Other cancellation rights remain unaffected.

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8. The manufacturer reserves the right to make design or shape changes, deviations in color and to changes in the scope of delivery during the delivery period, provided that the changes or deviations are reasonable for the buyer taking into account the interests of the seller. If the seller or the manufacturer use signs or numbers to describe the order or the object of purchase ordered, no rights can be derived from this alone.

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4. Acceptance

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1. The buyer is obliged to accept the object of purchase within 14 days of receipt of the notification of availability.

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2. Unless a change is provided for in the purchase contract, acceptance takes place at the production site of Heyne Fahrzeugbau GmbH in Hamburg.

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3. In the event of non-acceptance, the seller may exercise his legal rights. If the seller demands compensation, this amounts to 15% of the purchase price. The compensation is to be set higher or lower if the seller proves higher damage or the buyer proves that less damage or no damage has occurred at all.

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5. Retention of title

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1. The object of purchase remains the property of the seller until the claims to which the seller is entitled under the purchase contract have been settled in full. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, acts in the exercise of his commercial or independent professional activity, the retention of title also persists for claims made by the seller against the buyer arising from the ongoing business relationship up to settlement of claims arising in connection with the purchase. At the buyer's request, the seller is obliged to waive the retention of title if the buyer has incontestably met all claims relating to the object of purchase and there is adequate security for the remaining claims arising from ongoing business relationships. During the period of the retention of title, the seller has the right to hold the registration certificate Part II.

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2. If the buyer does not pay the due purchase price and prices for ancillary services or does not pay in accordance with the contract, the seller may withdraw from the contract and/or, in the event of a culpable breach of duty by the buyer, claim compensation instead of performance if he has unsuccessfully set the buyer a reasonable period of time to perform, unless the setting of the deadline is unnecessary in accordance with legal provisions. If the seller is entitled to compensation in lieu of payment and takes back the object of purchase, the seller and buyer agree that the seller will reimburse the usual sales value of the purchased item at the time of withdrawal. At the buyer's request, which can only be expressed immediately after the object of purchase has been taken back, a publicly appointed and certified expert, such as Deutsche Automobil Treuhand GmbH (DAT), will determine the usual sales value at the buyer's discretion. The buyer bears the necessary costs of taking back and selling the purchased item. Without proof, the disposal costs amount to 5% of the usual sales value. They should be set higher or lower if the seller proves higher costs or the buyer proves that there were lower costs or no costs at all.

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3. As long as the retention of title exists, the buyer may neither dispose of the purchased object nor contractually grant use to third parties.

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6. Liability for material defects and legal deficiencies

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1. Claims by the buyer due to material and legal defects expire in accordance with legal provisions in two years from delivery of the purchased item. In the case of used goods, all claims made by the buyer due to material and legal defects expire one year from delivery of the purchased item. By way of derogation from this, there is a limitation period of one year if the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who acts in the exercise of his commercial or independent professional activity when the contract is concluded.

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2. The limitation period in section 1, sentence 2 does not apply to damages based on a grossly negligent or intentional breach of duties of the seller, his legal representative or his vicarious agent, or in the event of injury to life, body or health.

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3. If, on the basis of legal provisions, the seller has to pay for damage caused by slight negligence, the seller has limited liability: Liability exists only in the event of a breach of essential contractual obligations, such as those which the purchase contract just intends to impose on the seller in terms of its content and purpose or whose fulfilment makes the proper execution of the purchase contract possible in the first place and on whose compliance the buyer regularly trusts and may rely on. This liability is limited to typical damage foreseeable upon conclusion of the contract. The personal liability of the seller's legal representatives, vicarious agents and employees for damage caused by them as a result of slight negligence is excluded. Section 2 of this section applies mutatis mutandis to the above liability limitation and exclusion of liability.

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4. Irrespective of fault on the part of the seller, any liability of the seller in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.

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5. Supplement warranty:

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1. Quality agreement/product features
   Only the features, equipment and services expressly stated in the purchase or work contract and the information contained in the product description accompanying the vehicle are considered to be the agreed characteristics of the vehicle. Public statements, promotions or advertising do not represent a contractual quality statement.

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2. Distinction according to origin of the base vehicle
   a) Delivery of the base vehicle by Heyne Fahrzeugbau GmbH: In this case, the warranty for defects covers both the base vehicle and all extensions and modifications carried out by us.

b) Provision of the basic vehicle by the buyer: Our warranty relates exclusively to the expansion carried out by us. We do not provide any warranty for defects in the base vehicle itself, unless the defect was culpably caused by us or should have been identified during a reasonable initial inspection.

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3. Repairs and repairs
   If there is a material defect, we are entitled, at our option, to rectify the defect by remedying the defect or to deliver defect-free expansion components. The buyer must set us a reasonable period of time for this.

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4. Transport costs in case of repayment
   In order to carry out the repair, the buyer must transfer the vehicle to our place of business at his own expense and collect it again after the defect has been rectified. Transport costs will not be reimbursed. This does not apply if the buyer is a consumer and the vehicle was actually defective within the meaning of Section 434 BGB — in this case, we bear the necessary transport costs, unless they are disproportionate.

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5. Unjustified complaints
   If the inspection reveals that there is no material defect and the buyer could have identified this with reasonable inspection, we are entitled to charge the buyer for the costs arising from the inspection (in particular diagnosis, inspection, transport and return costs) to a reasonable extent. This does not apply if the buyer is a consumer and the error as to the existence of a defect is not based on gross negligence.

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6. Exclusion of warranty
   There is no warranty for damage or defects that are due to improper use, excessive use, improper maintenance, unauthorized interventions or modifications not authorized by us. The same applies to usual signs of wear and tear and wear parts.

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7. Withdrawal and reduction
   If the subsequent performance fails or is unreasonable, the buyer can withdraw from the contract or reduce the purchase price. Further claims, in particular for damages, exist only under the conditions of liability in accordance with these terms and conditions.

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6. Claims for rectification of defects must always be made by the buyer from the seller. In the case of oral notifications of claims, confirmation of receipt of the notification must be given to the buyer in text form.

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7. Subsequent performance is carried out by the seller or at the location specified by the seller, unless seller and buyer agree otherwise. If the object of purchase becomes inoperable due to a material defect, the buyer must contact the operational establishment closest to the location of the inoperable object of purchase and recognized by the manufacturer/importer for servicing the object of purchase.

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8. For the parts installed to remedy the defect, the buyer may assert material defects claims based on the purchase contract until the expiry of the limitation period for the object of purchase.

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9. Replaced parts become the property of the seller.

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10. Insofar as the buyer is a consumer within the meaning of § 13 BGB, material and legal defects in goods with digital elements for the digital elements are not subject to the provisions of this section, but the legal regulations.

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7. Liability for other claims

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1. For other claims by the buyer, which are not regulated in Section VI. “Liability for material defects and legal defects”, the statutory limitation periods apply.

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2. Liability due to delay in delivery is finally regulated in Section III “Delivery and Delay of Delivery”. For other claims for damages against the seller, the provisions in Section VI. “Liability for material defects and legal defects”, clauses 3 and 4 apply mutatis mutandis.

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3. If the buyer is a consumer within the meaning of §13 BGB and the subject of the contract is also the provision of digital content or digital services, in which case the new vehicle can perform its function even without these digital products, the legal provisions of Sections 327 ff BGB apply to this digital content or digital services.

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8. Jurisdiction

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1. Hamburg is the exclusive place of jurisdiction for all current and future claims arising from the business relationship with merchants, including bills of exchange and check, unless another place of jurisdiction is absolutely required by law.

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2. The same place of jurisdiction applies if the buyer has no general place of jurisdiction in Germany, moves his place of residence or habitual place of residence out of Germany after conclusion of the contract, or his place of residence or habitual place of residence is unknown at the time the action is brought. In the event of claims made by the seller against the buyer, the place of residence of the buyer is the place of jurisdiction. In all other respects, the legal provisions apply.

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9. Note in accordance with Section 36 Consumer Dispute Settlement Act (VSBG)

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

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