Standort Phönix VermarktungsAgentur


§ 1 Contracting parties
The provisions of §§ 474 ff. BGB on the sale of consumer goods shall not apply.

§ 2 Transfer of risk
Upon conclusion of this contract, the risk shall already pass to the Seller. Any obligations to register with offices and authorities, e.g. registration and re-registration with offices (e.g. in the case of vehicle purchase) must be completed by the Buyer within the statutory periods from the date of the contract and the corresponding costs must be borne by the Buyer. After full payment of the purchase price, the buyer is entitled to take possession of the above-mentioned objects of purchase and to use them.

§ 3 Retention of title
Ownership of the above-mentioned objects of purchase shall not pass to the buyer until the agreed purchase price has been paid in full. Prior to the transfer of ownership, the buyer shall not be entitled to transfer to third parties the expectant right to the acquisition of ownership to which he is entitled, to encumber the same with lien security rights and other rights and to allow third parties to take possession of the objects of purchase. The assertion of any damages incurred by the seller remains unaffected by this.

§ 4 Warranty
The contracting parties are aware that the objects of purchase are used items. Against this background, the contracting parties agree that the quality of the objects of purchase must be described as deficient from the outset. In particular, it is agreed that the condition of the objects of purchase may therefore deviate from the presumed or usual use. A possible assembly of the objects of purchase is expressly not agreed. The buyer irrevocably states that the objects of purchase, despite any defects, correspond to what he expects from the object and that it is suitable for the use intended by him. The seller does not assume any guarantee of quality or durability within the meaning of § 443 of the German Civil Code (BGB). The buyer declares that changes within the meaning of § 434 para. I sentence 3 have expressly not been made. In particular, the buyer cannot assert a claim for subsequent performance. The seller has pointed out to the buyer possible restrictions of the quality. Liability for hidden defects and consequential damages is expressly excluded. The parties expressly agree on an exclusion of rights of the buyer due to a defect in the sense of § 444 BGB.

§ 5 Handover
The objects of purchase shall be handed over to the buyer after full payment of the purchase price. The risk of accidental loss and accidental deterioration shall pass to the buyer upon handover of the objects of purchase. From the moment of handover, the buyer shall be entitled to the benefits and burdens of the objects of purchase. The handover shall be deemed to have taken place if the buyer is in default of acceptance. The collection/transport shall be carried out by the buyer himself. The risk of any transport damage, regardless of how it occurs, shall be borne exclusively by the buyer. The return of any damaged or non-functional items is excluded, as is any claim to a reduction in the purchase price, damages or rectification of defects.

§ 6 Miscellaneous
Amendments, supplements and cancellations of this contract must be made in writing to be effective. No verbal collateral agreements have been made. Should individual components of this contract be wholly or partially invalid, this contract shall nevertheless remain valid. The seller and the buyer agree to reinterpret, supplement or replace any ineffective parts of this contract in such a way that the intended economic purpose is achieved despite any ineffective provision. The same shall apply in the event that there are loopholes in the contract.

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