General Terms and Conditions (GTC) for the online sale of vehicles by FSD-Automobile GmbH

When interested parties send us emails, text messages, or other communications from their computer or mobile device, we consider this to be consent for us to respond electronically, e.g., by email, text message, or in-app push notifications. Electronic communication also applies to the initiation and conclusion of contracts.

I. Conclusion of contract / Transfer of rights and obligations of the buyer

1. The buyer’s order constitutes an offer to conclude a purchase contract for the vehicle specified by the buyer in the order. The order confirmation from FSD-Automobile GmbH does not constitute acceptance of the offer, but only informs the buyer that the order has been received. The buyer is bound to their order for a maximum of three weeks; for commercial vehicles, this period is six weeks. For vehicles that are available from the seller, this period is reduced to 10 days (for commercial vehicles to 2 weeks). The purchase contract is concluded when FSD-Automobile GmbH informs the buyer in writing (by email, fax, or letter) that the order has been accepted. FSD-Automobile GmbH undertakes to inform the buyer immediately if the order is not accepted.

2. Transfers of rights and obligations arising from the purchase contract require the written consent of FSD-Automobile GmbH.

Right of withdrawal (for consumers)

1. Consumers may withdraw from the purchase contract within two weeks without giving reasons in writing (letter, email, or fax). The period begins upon conclusion of the contract, i.e., on the day on which FSD-Automobile GmbH notifies the buyer of the acceptance of the order. To meet the deadline, it is sufficient to send the withdrawal notice in good time to:

FSD-AutomobileGmbH
Pfarrer-Höllriegl-Straße6
E-Mail: info@fsd-automobile.de

The attached sample cancellation form can be used, but is not mandatory.

2. In the event of an effective cancellation, the buyer shall not incur any costs.

II. Prices

All prices include the stated sales tax, unless there is a reference to differential taxation.

III. Payment

1. The purchase price and prices for ancillary services are due for payment upon delivery of the vehicle and handover or dispatch of the invoice.

2. The buyer may only offset claims against FSD-Automobile GmbH if the counterclaim is undisputed or a legally binding title exists. The right of retention may only be asserted if it is based on claims arising from the same contractual relationship.

IV. Vehicle handover, delivery, and delay in delivery

1. The vehicle will be handed over at the location of the respective authorized dealer cooperating with us or, in the case of factory pickup, at the factory location. Upon request, the vehicle will be delivered by a carrier to a location specified by the buyer (within Germany). This will incur additional costs, which will be communicated separately.

2. Delivery dates and delivery periods, which may be agreed as binding or non-binding, must be specified in writing. Delivery periods begin upon conclusion of the contract.

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 at the seller’s premises. Upon receipt of the request, the seller is in default.

If the buyer is entitled to compensation for damage caused by default, 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.

4. If the buyer also wishes to withdraw from the contract and/or claim damages in lieu of performance, they must set the seller a reasonable deadline for delivery after expiry of the relevant period in accordance with clause 3, sentence 1 or 2 of this section.

If the buyer is entitled to compensation instead of performance, the claim shall be limited to a maximum of 25% of the agreed purchase price in cases of slight negligence. If the buyer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the exercise of their commercial or independent professional activity when concluding the contract, claims for compensation instead of performance shall be excluded in cases of slight negligence.

If, while the seller is in default, delivery becomes impossible by chance, the seller shall be liable in accordance with the above-agreed limitations of liability. The seller shall not be liable if the damage would have occurred even if delivery had been made on time.

5. If a binding delivery date or a binding delivery period is exceeded, the seller shall be in default as soon as the delivery date or delivery period is exceeded. The rights of the buyer shall then be determined in accordance with clause 3, sentence 4 and clause 4 of this section.

6. The limitations and exclusions of liability in this section do not apply to damage resulting from gross negligence or intentional breach of duty on the part of the seller, its legal representative, or its vicarious agent, or in the event of injury to life, limb, or health.

7. Force majeure or operational disruptions affecting the seller or its suppliers which temporarily prevent the seller, through no fault of its own, from delivering the purchased item on the agreed date or within the agreed period shall alter the dates and periods specified in clauses 2 to 5 of this section by the duration of the performance disruptions caused by these circumstances.

If such disruptions lead to a delay in performance of more than four months, the buyer may withdraw from the contract. Other rights of withdrawal remain unaffected.

8. The manufacturer reserves the right to make changes to the design or form, deviations in color, and changes to 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 uses symbols or numbers to designate the order or the ordered purchase item, no rights can be derived from this alone.

V. Acceptance

1. The buyer is obliged to accept the purchase item within 14 days of receipt of the notification of readiness for delivery.

2. In the event of non-acceptance, the seller may exercise his statutory rights. If the seller demands compensation, this shall amount to 15% of the purchase price. The compensation shall be set higher or lower if the seller proves that the damage was greater or if the buyer proves that the damage was less or that no damage was incurred at all.

VI. Retention of title

1. The purchased item shall remain the property of the seller until the claims to which the seller is entitled under the purchase contract have been settled.

If the buyer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the exercise of its commercial or independent professional activity when concluding the contract, the retention of title shall also remain in force for claims of the seller against the buyer arising from the current business relationship until the claims arising in connection with the purchase have been settled.

At the buyer’s request, the seller is obliged to waive the retention of title if the buyer has incontestably fulfilled all claims relating to the object of purchase and there is adequate security for the remaining claims arising from the ongoing business relationship.

During the period of retention of title, the seller is entitled to possession of the registration certificate Part II (vehicle title).

2. If the buyer fails to pay the purchase price and prices for ancillary services when due or in accordance with the contract, the seller may withdraw from the contract and/or, in the event of culpable breach of duty by the buyer, demand compensation in lieu of performance if he has unsuccessfully set the buyer a reasonable deadline for performance, unless the setting of a deadline is dispensable in accordance with the statutory provisions. If the seller is entitled to compensation instead of performance and takes back the purchased item, the seller and buyer agree that the seller shall reimburse the buyer for the normal sales value of the purchased item at the time of return. At the buyer’s request, which can only be made immediately after the purchase item has been taken back, a publicly appointed and sworn expert, e.g., from Deutsche Automobil Treuhand GmbH (DAT), shall determine the usual sales value at the buyer’s discretion. The buyer shall bear the necessary costs of taking back and selling the purchased item. The costs of sale shall amount to 5% of the normal sales value without proof. They shall be set higher or lower if the seller proves that higher costs were incurred or the buyer proves that lower costs or no costs at all were incurred.

3. As long as the retention of title exists, the buyer may neither dispose of the purchased item nor grant third parties contractual use of it.

VII. Liability for material defects

1. Claims by the buyer for material defects shall become time-barred in accordance with the statutory provisions two years after delivery of the purchased item.

Notwithstanding this, a limitation period of one year shall apply if the buyer 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.

2. The reduction of the limitation period in clause 1, sentence 2 does not apply to damages resulting from gross negligence or intentional breach of duty on the part of the seller, its legal representative or its vicarious agent, or in the event of injury to life, limb or health.

3. If the seller is liable for damage caused by slight negligence in accordance with the statutory provisions, the seller’s liability shall be limited:

Liability shall only apply in the event of a breach of essential contractual obligations, such as those which the purchase contract specifically imposes on the seller according to its content and purpose, or the fulfillment of which is essential for the proper execution of the purchase contract and on the observance of which the buyer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract.

The personal liability of the seller’s legal representatives, vicarious agents, and employees for damages caused by them through slight negligence is excluded. Clause 2 of this section applies accordingly to the aforementioned limitation of liability and the aforementioned exclusion of liability.

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

5. If a defect is to be remedied, the following shall apply:

a) The buyer may assert claims for the remedy of defects against the seller or against other companies recognized by the manufacturer/importer for the servicing of the purchased item; in the latter case, the buyer must inform the seller immediately if the first attempt to remedy the defect was unsuccessful. In the case of verbal notifications of claims, the buyer shall be given written confirmation of receipt of the notification.

b) If the purchased item becomes inoperable due to a material defect, the buyer must contact the service company closest to the location of the inoperable purchased item that is recognized by the manufacturer/importer for servicing the purchased item.

c) The buyer may assert claims for material defects based on the purchase contract for parts installed to remedy defects until the limitation period for the purchased item expires.

d) Replaced parts become the property of the seller.

6. Claims for the rectification of defects are not affected by a change in ownership of the purchased item.

VIII. Liability for other damages

1. Other claims of the customer that are not regulated in Section VII. “Liability for material defects” shall become time-barred within the regular limitation period.

2. Liability for delay in delivery is conclusively regulated in Section IV. “Delivery and delay in delivery.” For other claims for damages against the seller, the provisions in Section VII. “Liability for material defects,” clauses 3 and 4, apply accordingly.

IX. Place of jurisdiction

1. For all present and future claims arising from the business relationship with merchants, including bills of exchange and check claims, the exclusive place of jurisdiction is the seller’s registered office.

2. The same place of jurisdiction shall apply if the buyer does not have a general place of jurisdiction in the United States, moves his place of residence or habitual abode outside the United States after conclusion of the contract, or if his place of residence or habitual abode is unknown at the time the action is brought. In all other cases, the place of jurisdiction for claims by the seller against the buyer shall be the buyer’s place of residence.

X. Notice pursuant to Section 36 of the Consumer Dispute Resolution Act (VSBG)

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

As of: July 2025