General Terms and Conditions of Business and Delivery of Autohaus Rauh GmbH

1 Validity of the terms and conditions

1.1 The deliveries, services and offers of Autohaus Rauh GmbH are made exclusively on the basis of these terms and conditions of business and delivery. They shall also apply to all future business relations, even if they are not expressly agreed again.

2 Definitions

2.1 A consumer within the meaning of these GTC is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 BGB)

2.2 An entrepreneur within the meaning of these GTC is any customer who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity (Section 14 (1) BGB).

2.3 Means of distance communication are means of communication that can be used to initiate or conclude a contract between a consumer and an entrepreneur without the simultaneous physical presence of the contracting parties, in particular letters, catalogs, telephone calls, faxes, e-mails as well as radio, tele and media services (§ 312 b para. 2 BGB).

3 Conclusion of contract

3.1 Information and offers contained in catalogs, brochures, advertisements, etc. are non-binding - also with regard to prices. Autohaus Rauh GmbH shall be bound by specially prepared offers for 30 days.

3.2 The customer is bound to his order for 3 weeks; orders require the written confirmation of Autohaus Rauh GmbH to be legally valid. If Autohaus Rauh GmbH does not refuse acceptance within four weeks of receipt of the order, the confirmation is deemed to have been issued.

3.3 If subsidiary agreements are made or changes or additions are made to the contract, Autohaus Rauh GmbH shall confirm these in writing. The same applies to the assurance of properties. Written confirmation is not a prerequisite for validity.

3.4 Drawings, illustrations, dimensions, weights or other performance data are only binding if this is expressly agreed in writing.

4 Prices, price changes

4.1 The prices include the statutory value added tax.

4.2 The customer shall bear the costs for packaging, freight, postage and insurance. Autohaus Rauh GmbH is entitled to make the delivery by cash on delivery at the customer's expense.

4.3 If there are more than four months between the conclusion of the contract and the agreed and/or actual delivery date, the prices of Autohaus Rauh GmbH valid at the time of delivery or provision shall apply. If these are more than 10% higher than the initially agreed price, the customer is entitled to withdraw from the contract.

5 Delivery times

5.1 Delivery dates and deadlines are only binding for Autohaus Rauh GmbH if they have been agreed in writing. If Autohaus Rauh GmbH is in default, the customer may withdraw from the contract or demand compensation for breach of duty in accordance with the following provisions.

5.2 The customer can only demand compensation instead of performance if he has set the seller a reasonable deadline for performance. The same applies in the event of withdrawal from the contract. The period begins at the earliest with the receipt of the deadline by Autohaus Rauh GmbH.

6 Delivery and transfer of risk

6.1 Unless otherwise agreed, the place of performance for business transactions shall be D- 87435 Kempten, Germany

6.2 If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer when the goods are handed over to the customer or to the carrier. If shipment is delayed at the customer's request, the risk shall pass to the customer upon notification of readiness for shipment.

6.3 Autohaus Rauh GmbH is entitled, but not obliged, to secure delivery in the name and for the account of the customer.

7 Warranty

7.1 The statutory provisions of §§ 433 to 435, 437 and 439 to 443 BGB apply to warranty claims of a consumer. In the case of a sale of new goods to a consumer, the 24-month limitation period of § 438 para. 1 no. 3 BGB applies. If used goods are sold to a consumer, this period shall be reduced to 12 months. This shall not apply if the delivery of defective goods also constitutes an intentional breach of duty. In addition, the claims for damages regulated in Section 8 below are excluded from this. § Section 479 BGB remains unaffected.

7.2 The following provisions 7.2.1. to 7.2.4. shall apply to sales to entrepreneurs.

7.2.1 Deliveries must be inspected by the customer immediately upon receipt or by the recipient designated by the customer. After unconditional acceptance of the goods by the customer or a person authorized by the customer, any subsequent complaint due to the external condition of the delivery is excluded. Other defects in the goods, insofar as they are recognizable, can only be notified within 8 working days of receipt, otherwise only within 8 working days of discovery. Notices of defects must be made in text form (§ 126 b BGB) or in writing.

7.2.2 Notwithstanding the customer's claims for damages under the conditions of clause 8, Autohaus Rauh GmbH shall initially provide a warranty for defects notified in good time at its own discretion by delivering faultless replacement goods or by repairing the delivered goods (subsequent performance). Autohaus Rauh GmbH is obliged to bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs, insofar as these have not increased due to the fact that the purchased item has been taken to a place other than the place of performance. The delivery of replacement goods shall take place exclusively in fulfillment of the warranty obligations for the original goods. Notwithstanding the customer's warranty rights in relation to the initial delivery, no warranty rights shall therefore arise for the replacement goods in the event of a defective replacement delivery and the warranty period shall not be restarted.

7.2.3 In the event of subsequent performance, the customer shall only be entitled to reduce the agreed purchase price or withdraw from the contract after two unsuccessful attempts.

7.2.4 In the case of a sale of new goods to entrepreneurs, the limitation period of § 438 para. 1 no. 3 BGB is reduced to 12 months. This shall not apply if the delivery of defective goods constitutes an intentional or grossly negligent breach of duty or if liability for damages resulting from injury to life, body or health due to the defective delivery is involved. In the case of delivery of used goods, claims by the customer due to defects in the purchased item are excluded, unless Autohaus Rauh GmbH has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The claims for damages regulated in the following clause 8. are not affected by this.

7.3 The provisions of a guarantee granted in a separate contractual agreement remain unaffected by this.

8 Liability

8.1 The liability of Autohaus Rauh GmbH and its vicarious agents is generally limited to damages that Autohaus Rauh GmbH and its vicarious agents have caused intentionally or through gross negligence. Autohaus Rauh GmbH shall only be liable for slight negligence in the event of injury to life, limb or health as well as the breach of obligations essential for the fulfillment of the contract.

This does not apply to liability for damages arising from contractual warranty for defects vis-à-vis consumers.

8.2 If Autohaus Rauh GmbH is liable for slightly negligent breaches of duty, the amount of liability is limited to the damages typical for contracts of the type in question, which were foreseeable at the time the contract was concluded or later when the breach of duty was committed; Autohaus Rauh GmbH is not liable for consequential damages in these cases. This shall not apply in the event of injury to life, limb or health.

8.3 If the customer is an entrepreneur, liability for negligence is also excluded.

8.4 Claims for damages, which by law do not require fault, remain unaffected by the above provisions in sections 8.1. and 8.2.

9 Payment

9.1 Insofar as the delivery is not made cash on delivery, payments with discharging effect can only be made directly to Autohaus Rauh GmbH or to a bank or postal giro account specified by Autohaus Rauh GmbH.

9.2 Invoices from Autohaus Rauh GmbH are payable without deduction within 10 calendar days of the invoice date.

9.3 Autohaus Rauh GmbH expressly reserves the right to refuse credit cards, checks or bills of exchange. Acceptance is always only on account of payment. Discount and bill charges shall be borne by the customer and are due immediately.

9.4 The customer is only entitled to offset against the claims of Autohaus Rauh GmbH if the counterclaim is undisputed or has been legally established.

10. right of return for consumers

10.1 All items ordered by a consumer can be returned without giving reasons within 14 days by returning the goods if the contract was concluded using exclusively means of distance communication (in particular letters, catalogs, telephone calls, faxes, e-mails and radio, tele and media services). Notwithstanding the above, the return period shall be one month if the consumer was not provided with a return instruction in text form (letter, fax, e-mail, etc.) at the latest upon conclusion of the contract or immediately after conclusion of the contract. In the case of goods that cannot be sent by parcel post (e.g. bulky goods), the customer can return the goods by sending a request for return in text form.

If you make use of this option, we will send you a confirmation of receipt of such a withdrawal without delay (e.g. by e-mail).

10.2 The return period begins after transmission of this instruction in text form (e.g. as a letter, fax, e-mail), but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and also not before fulfillment of our obligations pursuant to § 312 g para. 1 sentence 1 BGB in conjunction with Art. 24 § 3 EGBGB.

Timely dispatch of the goods or the request for return shall be sufficient to comply with the deadline. In any case, the return shipment shall be at the expense and risk of Autohaus Rauh GmbH. Autohaus Rauh GmbH requests a sufficiently stamped package and will subsequently reimburse the customer for the return costs. The return shipment or the return request must be sent to

Autohaus Rauh GmbH

Fuggerstrasse 1, D-87463 Dietmannsried


In the event of a return request, the goods will be collected from the customer. Otherwise, the customer must use secure - if possible original - transport packaging for the return shipment.

10.3 In the event of an effective return or an effective request to take back the goods, the services received by both parties must be returned and any benefits derived must be surrendered. In the event of deterioration of the item and for use (e.g. benefits of use) that cannot be returned or can only be returned in part or only in a deteriorated condition, the customer must pay compensation for the value. However, no compensation is to be paid for any deterioration caused by the intended use of the item. Compensation for use shall only be paid if the goods have been used in a way that goes beyond testing the properties and functionality. Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store, for example.

Obligations to refund payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of the goods or the return request, for Autohaus Rauh GmbH with the receipt.

10.4 If the customer has financed the contract through a loan and the customer makes use of his right of return, he is also no longer bound to the loan amount if both contracts form an economic unit. This is to be assumed in particular if Autohaus Rauh GmbH is also the lender or if the lender makes use of the cooperation of Autohaus Rauh GmbH with regard to the financing. If Autohaus Rauh GmbH has already received the loan when the repayment becomes effective, the customer may not only hold Autohaus Rauh GmbH liable for the reversal, but also the lender.

10.5 In accordance with Section 6 (1) and (2) of the Ordinance on the Avoidance and Recycling of Packaging Waste, Autohaus Rauh GmbH shall take back sales packaging for recycling or disposal to protect the environment. For this purpose, the customer can call Autohaus Rauh GmbH on 08374-5714 during business hours to find out where the packaging material can be disposed of free of charge within a reasonable distance from his place of residence or place of business. If such a possibility is not available, the customer can return the packaging material free of charge to Autohaus Rauh GmbH, Fuggerstrasse 1, D-87463 Dietmannsried. The returned packaging will be disposed of or reused by Autohaus Rauh GmbH in an environmentally friendly manner in accordance with the ordinance. Of course, the customer can also arrange for the packaging material to be disposed of in an environmentally friendly waste system at his place of residence or place of business.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise the right to cancel, you must inform us (Autohaus Rauh GmbH, Fuggerstrasse 1, 87463 Dietmannsried, E-Mail:, telephone number 0049 8374 5714) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.

To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you informed us of the revocation of this contract. The deadline is met if you send the goods before the 14-day period has expired. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

11 Delivery of old parts by the customer

11.1 Old parts and replacement parts must be sent to Autohaus Rauh GmbH in clean and complete condition in advance and free of charge. Any damage or soiling caused by used oil or missing individual parts of an exchange unit will be charged to the customer.

11.2 It is the sole responsibility of Autohaus Rauh GmbH or its representative to assess whether an exchange part provided by the customer is suitable for replacement (overhaul). If, according to the assessment of Autohaus Rauh GmbH, the suitability of an exchange part is not given, the customer is not entitled to an exchange. The replacement part will be returned to the customer at his expense and risk.

12 Place of fulfillment and jurisdiction

12.1 If the customer is a registered trader, any disputes arising from the contracts concluded and any legal relationships in connection therewith shall be subject to the jurisdiction of the Local Court of Linz / Regional Court of Koblenz. The same shall apply if the customer is not a registered trader but has his domicile or habitual residence abroad at the time the action is brought or if his domicile or habitual residence is unknown.

13 Miscellaneous

13.1 Should one or more of the above provisions be or become invalid, the customer and Autohaus Rauh GmbH shall agree on a new provision.

13.2 The headings serve only to provide a better overview and have no material meaning, in particular no final regulation.

14 Data protection

14.1 The customer agrees that Autohaus Rauh GmbH may store the data received from the business relationship for its own business purposes in accordance with the Data Protection Act.

Status: 07.11.2020