Terms and Conditions

These General Terms and Conditions (GTC) apply to all contracts between DRS Automobile - ACL Leasing GmbH (hereinafter "Seller") and the buyer for the sale of used vehicles. They apply equally to consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB. Deviating, conflicting, or supplementary general terms and conditions of the buyer shall not become part of the contract unless the Seller expressly agrees to their applicability in writing. Individual agreements between the Seller and the buyer made on a case-by-case basis shall always take precedence over these GTC. The content of such agreements shall be governed by a written contract or the written confirmation of the Seller.

The display of vehicles on our website does not constitute a legally binding offer, but rather a non-binding invitation to the buyer to submit a purchase offer (invitatio ad offerendum). Vehicle descriptions, price indications, and images on the website are non-binding and subject to change. A purchase contract is only concluded upon the mutual signing of a written purchase contract. No verbal side agreements exist at the time of conclusion of the contract. Subsequent amendments and supplements to the purchase contract require written form to be effective.

All stated prices are in euros. Unless otherwise stated, the statutory value-added tax is included in the purchase price. For vehicles subject to differential taxation pursuant to § 25a UStG, value-added tax is not shown separately; a corresponding note is provided in the respective offer and in the purchase contract. Payment of the full purchase price is due upon handover of the vehicle, unless a different payment arrangement has been agreed in writing. If the buyer is in default of payment, the Seller is entitled to claim default interest. The default interest rate for consumers is five percentage points above the respective base interest rate and for entrepreneurs nine percentage points above the respective base interest rate pursuant to § 288 BGB. The right to claim further default damages is reserved. The buyer may only offset counterclaims that are undisputed or have been established by final and binding court judgment. The buyer may only exercise a right of retention insofar as it is based on claims arising from the same contractual relationship. Financing and leasing options may be offered through ACL Leasing GmbH. The terms and conditions are subject to the respective agreements with ACL Leasing GmbH and will be communicated to the buyer separately.

The handover of the vehicle generally takes place at the Seller's business premises at Dr. Steinbeißer Straße 3, 83026 Rosenheim. A different delivery arrangement is only possible by separate written agreement and at the buyer's expense. Upon handover, a handover protocol documenting the condition of the vehicle will be prepared. The buyer is obligated to inspect the vehicle for visible defects upon handover and to have such defects recorded in the handover protocol. The risk of accidental loss or accidental deterioration of the vehicle passes to the buyer upon handover. The same applies if the buyer is in default of acceptance. The buyer is obligated to collect the vehicle within ten business days after receipt of the notification of availability. If the buyer fails to comply with this obligation, the buyer shall be in default of acceptance. From the eleventh business day after the notification of availability, the Seller is entitled to charge storage fees of EUR 15.00 net per calendar day. Upon the occurrence of default of acceptance, the risk of accidental loss or accidental deterioration passes to the buyer.

For sales to consumers within the meaning of § 13 BGB, the warranty period for used vehicles is twelve months from handover in accordance with §§ 437 ff. BGB. For sales to entrepreneurs within the meaning of § 14 BGB, the warranty may be excluded if expressly agreed in writing in the purchase contract. The Seller has the right to subsequent performance. In the event of a defect, the Seller is entitled, at its option, to remedy the defect (repair) or to deliver a defect-free item (replacement delivery). Only if subsequent performance has failed, is refused, or is unreasonable for the buyer may the buyer assert further rights such as price reduction or rescission. Subsequent performance is deemed to have failed after the unsuccessful second attempt. The buyer should report recognized defects to the Seller in writing without undue delay after discovery. Failure to report defects does not affect the statutory warranty rights of the consumer, but may be taken into account in the assessment of evidence. The warranty does not extend to wear parts that are subject to natural, usage-related wear and tear. Wear parts include, in particular, brake pads, brake discs, tires, clutch linings, light bulbs, windshield wipers, batteries, and spark plugs. Defects that were known at the time of handover and documented in the purchase contract or handover protocol do not give rise to warranty claims.

The Seller is liable without limitation for damages arising from injury to life, body, or health based on a negligent or intentional breach of duty by the Seller or any of its legal representatives or vicarious agents. The Seller is likewise liable without limitation for damages caused by intentional or grossly negligent conduct. In the event of a breach of material contractual obligations (cardinal obligations), the fulfillment of which is essential for the proper performance of the contract and on the observance of which the buyer may regularly rely, the Seller is also liable for slight negligence, but limited to the typical, foreseeable contractual damage. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected. Otherwise, any liability of the Seller for indirect damages, in particular lost profits, is excluded to the extent permitted by law. The above limitations of liability also apply in favor of the Seller's legal representatives and vicarious agents.

The vehicle remains the property of the Seller until the purchase price, including any ancillary claims, has been paid in full. The buyer is obligated to treat the vehicle with care until the purchase price has been paid in full and neither to sell, pledge, nor otherwise encumber it. In the event of seizures, confiscations, or other dispositions by third parties, the buyer shall notify the Seller immediately in writing.

For purchases made on-site at the Seller's business premises, there is no statutory right of withdrawal. Should a purchase contract be concluded as a distance selling transaction, the buyer has a right of withdrawal pursuant to §§ 312g, 355 BGB. In this case, the buyer will be provided with a separate withdrawal notice together with a model withdrawal form in good time before the conclusion of the contract. The details are set out in the respective withdrawal notice. Where financing or a leasing agreement is concluded through ACL Leasing GmbH, the withdrawal provisions of the respective financing or leasing agreement apply. The buyer will be informed separately by ACL Leasing GmbH in this regard.

The Seller processes personal data of the buyer in connection with the initiation and performance of the contract on the basis of Art. 6(1)(b) DSGVO (GDPR). The data is collected and processed exclusively for the purpose of performing the purchase contract and the related processing. For further information on the handling of personal data, on the buyer's rights as a data subject (in particular the right to access, rectification, erasure, and objection), as well as on the data processing operations employed, please refer to the complete privacy policy on our website.

The European Commission provides a platform for online dispute resolution (OS), which is accessible at the following link: https://ec.europa.eu/consumers/odr/. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase contracts pursuant to Regulation (EU) No. 524/2013. The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from the contractual relationship is, to the extent permitted by law, Rosenheim. Should any provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision. The same applies to any gaps in these provisions. Amendments and supplements to these General Terms and Conditions require written form to be effective. This also applies to the waiver of this written form requirement. As of: April 2026.