General terms and conditions (GTC)

General terms and conditions (GTC) of the Youngtimer classic car restoration s. R. o. valid for customers from the European Union

Part A: General regulations (apply to all customers)

Scope
These terms and conditions shall apply to all contracts, deliveries and services of the Youngtimer classic car restoration s. R. o. (hereinafter referred to as "Y. O. R.") to customers. Deviating agreements are only valid if they are confirmed in writing.
Place of performance
Place of fulfillment for all services are the respective partner workshops of Y. O. R. in the Czech Republic.

Part B: specific rules for entrepreneurs (B2B)

Applicable law and jurisdiction
For contracts with companies exclusively by Czech law applies to the exclusion of the UN purchase law. The exclusive place of jurisdiction for all disputes arising from Prague, Czech Republic.
Times, Payments, Repair Dates Of Delivery
The delivery times and Repair times are non-binding, unless they have been expressly guaranteed in writing.
In the case of long-term Work monthly payments will be due.
Y. O. R. is entitled to Work as long to break as payments are pending.
In case of delays by subcontractors Y. O. R. shall only be liable for its own fault.
Passing of risk
The risk is transferred to the customer as soon as the vehicle or part is delivered to him, or – in the case of default the collection – from the age of 3. Day after notification of the completion.
Warranty
The warranty is 12 months on work and new parts.
On refurbished parts, the warranty period is 6 months.
Used or customer supplied parts are excluded from warranty.
Y. O. R. decides about repair or replacement.

Retention of title and right of retention

Until full payment of all invoices from the order in Y. O. R. reserves ownership of the delivered or built-in Parts.

In addition, Y. O. R. has the right to refuse the return of the vehicle, as long as open invoices from the respective order (contractor's lien).

This shall also apply to part-performance or partial invoices in the context of running a job.

Set-off and right of retention
The customer may only offset with undisputed or legally established claims. A lien exists only in the case of claims from the same contractual relationship.

Part C: special rules for consumers (B2C)

Applicable law and jurisdiction
For consumers, the Czech law applies, to the extent this is not mandatory consumer protection regulations (e.g. the country of residence) to resist.
A consumer with place of residence in Germany also have the right to complain to your local court. Y. O. R. can sue consumers to their place of residence.
Times, Payments, Repair Dates Of Delivery
The specified delivery times and dates are non-binding, unless they have been expressly guaranteed.
In the case of long-term Work appropriate advance payments in the Form of monthly invoices will be due.
Y. O. R. is allowed to interrupt the Work, if the tee pending payment.
Passing of risk
The risk is transferred at the point of Delivery to the consumer. If the customer does not collect the vehicle, despite the notification within 10 days, Y. O. R. calculate fees.
Warranty
The statutory warranty period is 2 years.
For used Parts, the warranty period may be reduced to 1 year.
Customer-supplied parts, are excluded from the warranty.
The customer must report obvious defects within 14 days after Delivery.
The right of withdrawal in distance contracts
Consumers in distance contracts (for example, by E-Mail, telephone) a right of withdrawal. The revocation period is 14 days from the conclusion of the contract.
Cancellation policy:
The consumer can withdraw from the contract within 14 days without giving reasons. To meet the deadline, the timely dispatch of the revocation is sufficient. The revocation is to be addressed to:

Youngtimer classic car restoration s. R. o.
Podvínný mlýn 2134/17

190 00 Praha 9

Czech Republic
info@youngtimer-oldtimer-restaurierung.de

+420 776 069 298

Liability
Y. O. R. shall be liable without limitation for intent, gross negligence and breach of essential contractual obligations.
In the case of slight negligence, Y. O. R. is only liable for the typical and foreseeable damage.
The liability for lost profit is excluded.
These limitations of liability do not apply in the case of injury to life, body or health, as well as in the case of claims under the product liability law.
Right of lien on the vehicle in the case of non-payment
Y. O. R. is entitled to refuse to release the vehicle, as long as the agreed remuneration from interim or interim invoices has been paid in full. This lien exists regardless of whether the vehicle is already completed or are still in the running process. Y. O. R. will inform the consumer of the exercise of the right of retention in writing without delay.
Y. O. R. may refuse to surrender until payment in full, provided that the outstanding claims are in direct Zusammenhabg with the vehicle in question.

If the consumer days of the due amount of the discount or interim invoices within thirty (30) after service of the notice on the exercise of the right of retention is paid to the right by Y. O. R. full, Y. O. R. retain the right to sell the vehicle or its parts in an appropriate manner, on the basis of the current, by the opinion of an expert determined the price of the vehicle or its parts. The vehicle is sold, pays Y. O. R. to the consumer, the sales proceeds less cost of Repair, storage fee, penalties and costs to sell from. The customer has the right to the proceeds of the sale against Y. O. R. asserted. With the first day of the assumption of default of the customer, the risk of damage to the vehicle is transferred to the customer.

These rights are both under Czech law, as well as in accordance with the relevant provisions of the Austrian and German contract law.

Part D: final provisions (for all customers)

Severability
If a provision of these terms and conditions should be invalid, the Remaining contract remains in effect. The parties will agree to a new provision that comes of the invalid provision as closely as possible.
Image rights
Y. O. R. must anonymized photos of vehicles, components, and documentation recordings for publicity purposes (e.g., Website) to use, if the vehicle was in order in the workshop.

Late payment and default interest

The customer is in arrears with a payment, is Y. O. R. shall be entitled to demand default interest in the amount of 5% points above the respective base interest rate in the case of consumers, and 9 percentage points above the respective base interest rate for entrepreneurs. The assertion of further damage remains reserved.

Storage in the case of non-collection or non-payment

If the customer does not collect the vehicle to call for pick-up and due date of the invoice or a payment in full is Y. O. R. entitled the vehicle at the expense and risk of the customer store. For storage, a fee of 100 EUR without VAT 21% per month or part of the amount per week or part thereof will be charged. Y. O. R. will inform the customer about the storage of the vehicle immediately in writing. The assertion of further damage remains reserved.

The customer does not collect the vehicle within three (3) months after the day on which he was prompted by Y. O. R. for collection of the vehicle, is Y. O. R. shall be entitled to sell the vehicle to the account of the customer in an appropriate manner. Y. O. R. is obliged to inform the customer if the address is known, in advance of the intended sale and give him an additional period of time for pick-up grant, which, however, may not exceed, in accordance with the agreement between the Y. O. R. and the customer ten (10) days. The unclaimed vehicle is sold, pays Y. O. R. the customer is the sales revenue minus cost of Repair, storage fee, penalties and costs to sell from. The customer has the right to the proceeds of the sale against Y. O. R. asserted. With the first day of the assumption of default of the customer, the risk of damage to the vehicle is transferred to the customer.

The customer does not collect the vehicle within three (3) months from the day he was asked by Y. O. R. for pick-up, is Y. O. R. shall be entitled to sell the vehicle to the account of the customer in an appropriate manner. Y. O. R. is obliged to inform the customer of the intended sale in advance if the customer's address is known, and to grant him additional time for the pick up of the vehicle that does not need to be in accordance with the agreement between the Y. O. R. and the customer no longer than ten days.

It comes to the sale of the unclaimed vehicle pays the contractor to the Principal the proceeds of the sale after deduction of the cost of repair of the storage charges and any penalties and costs to sell. The right to payment of the sale proceeds must be made by the Principal to the contractor.

From the first day of delay of the purchaser with the pick up of the vehicle, the risk of damage to or loss of the vehicle to the Customer.