Terms and Conditions

General Terms and Conditions for End Consumers (Private Customers) in the Federal Republic of Germany.

I. General Information

1. These general terms and conditions are directed at our customers who are consumers within the meaning of § 13 BGB. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly outside his or her trade, business, or self-employed profession (§ 13 BGB).

2. These general terms and conditions apply to all articles offered by Klaus Hermann Mayer Kraftfahrzeugtechnik GmbH, Berkheimer Str. 10, 73734 Esslingen (hereinafter: KHM) in the e-commerce shop (hereinafter: Online Shop) at www.cabrio.de or in our catalog for consumers, either for delivery or pickup. Deviations from these general terms and conditions are only effective if confirmed by us in writing.

3. References to statutory provisions are for clarification only. Such provisions shall apply even without express reference, unless validly modified by these General Terms and Conditions.

II. Conclusion of Contract

1. Orders in our online shop or via our catalog can be placed via the internet, by telephone, in writing, or by fax. Our offers are non-binding and subject to change.

2. An order for items from the catalog by the customer is deemed a binding contractual offer, unless otherwise indicated by the order or other agreements. A purchase contract for the ordered items is concluded when we confirm the order after checking our inventory or material stock. This confirmation is provided at the latest by delivery of the ordered items.

3. The offers within the KHM Online Shop do not yet constitute a legally binding offer. The customer is given the opportunity to select items in the e-shop and place them in the shopping cart. The shopping cart lists all items selected by the customer. After successfully creating a customer account, the customer places a binding order for the items assembled in the cart by clicking the "Complete Purchase" button. KHM notes that the customer can only submit the order after expressly agreeing to these Terms and Conditions for the respective order. Before submitting the order, the customer can view and, if necessary, edit their customer or order data at any time. The confirmation of receipt of the customer's order is sent immediately after the order is submitted. We may accept the customer’s order by sending an order confirmation (this may also be combined with the order receipt confirmation) or by delivering the goods. With the order confirmation, or at the latest with the delivery of the goods, a binding contract for the purchase of the ordered items is concluded between KHM and the respective customer.

4. The above applies accordingly to all individually prepared offers.

5. Drawings, illustrations, dimensions, weights, or other performance data in our online shop or catalog are only binding if explicitly stated; we reserve the right to make technical improvements.

III. Price, Payment, Place of Fulfillment, Jurisdiction

1. The prices stated in our offer on the day of the order shall apply. All price information is given to the best of our knowledge. If our offer nevertheless contains an obvious error, such as a typographical or calculation error, we grant the customer an immediate right of withdrawal. However, this does not affect the customer's basic right of withdrawal under distance selling law. The place of fulfillment is the seller’s registered office.

2. The customer is entitled to set-off only if their counterclaims are undisputed or have been legally established. The place of jurisdiction, where it can be agreed, is Esslingen a.N.

IV. Pickup/Delivery

1. Unless otherwise agreed, the delivery of the ordered item will be made to the delivery address provided by the customer.

2. The availability of the goods and the shipping time are based on the information provided in the order confirmation. The dates refer to the dispatch from the seller, not to the receipt by the customer.

3. If we are unable to meet the delivery deadline stated in point 2 for reasons beyond our control, we will inform the customer upon request and set a new reasonable delivery deadline. If the ordered item is still not available within this new period, we are entitled to withdraw from the contract.

4. We are entitled to make partial deliveries if a contract has been concluded for the delivery of multiple items and it is reasonable and acceptable for the customer based on the circumstances apparent at the time of contract conclusion to use each item individually and/or the nature and condition of the goods make shipment in multiple packages reasonable.

V. Liability for Defects in Ordered Items

1. Our liability for defects in the ordered items is governed by statutory provisions. Customer claims for damages or reimbursement of futile expenses can only be asserted under the conditions set out in Section VI. All other claims are excluded.

2. Complaints, other objections, and suggestions should be addressed to: Klaus Hermann Mayer Kraftfahrzeugtechnik GmbH, Berkheimer Str. 10–12, 73734 Esslingen, khm@cabrio.de.

3. The statutory warranty period for defects that were already present at delivery but not visible is two years from the delivery of the ordered item.

4. The warranty does not cover normal wear and tear or defects that arise after delivery, e.g., due to external influences or operating errors. Warranty claims are also excluded in the case of improper handling by the customer.

5. In the event of defects in the delivered goods, the customer may assert their statutory claims. Suspected defects should be described in as much detail as possible. If defects are confirmed, the customer must cooperate as far as reasonably possible in their rectification. If the customer has unsuccessfully set KHM a reasonable grace period of at least two (2) weeks for remedy, or if KHM refuses or fails to remedy the defect, or if remedy is unreasonable for the customer, the customer may reduce the purchase price or withdraw from the contract and, if the statutory conditions are met, claim damages. The remedy is considered failed after the second unsuccessful attempt. The right to withdraw from the contract lapses if KHM provides the defect-free item before the customer exercises their right of withdrawal.

VI. Liability for Other Breaches of Duty

1. Our liability for breaches of duty not related to a defect or that caused damage beyond the defect is governed—unless otherwise specified—by statutory provisions.

2. We are liable for damages—regardless of the legal basis—only in cases of intent and gross negligence. In addition, we are liable for simple negligence:
- for damages resulting from injury to life, body, or health
- for breach of essential contractual obligations. In the latter case, our liability is limited to compensation for foreseeable, typical damages.

3. Customer claims under explicitly assumed warranties or the Product Liability Act remain unaffected.

4. The above liability rules also apply to the personal liability of executives, employees, staff, representatives, and agents.

VII. Right of Withdrawal for Consumers

The customer may withdraw from the item order in accordance with the following notice:

Withdrawal Policy

Right of Withdrawal
You may withdraw from your order within 14 days without giving any reason in writing (e.g., letter, fax, e-mail) or—if you receive the goods before the deadline—by returning the goods. The period begins after receipt of this instruction in text form, but not before the goods have been received and not before we have fulfilled our duties to inform in accordance with Article 246 § 2 in conjunction with § 1 paras. 1 and 2 EGBGB as well as our obligations under § 312e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the withdrawal or goods is sufficient to meet the withdrawal deadline.

The withdrawal should be sent to:
Klaus Hermann Mayer
Kraftfahrzeugtechnik GmbH
Berkheimer Str. 10–12
73734 Esslingen
e-mail: khm@cabrio.de

The right of withdrawal does not apply to the purchase of goods that are made to customer specifications, ordered or are clearly tailored to personal needs. These regularly include carpet sets in all colors except standard black, convertible tops in all colors except original black, leather covers, and cut-to-length fabrics of any type. In case of doubt, please inquire before ordering.

Consequences of Withdrawal
In the case of an effective withdrawal, the mutually received performances are to be returned and any benefits (e.g., interest) surrendered. If you cannot return the received goods, or can only return them in a deteriorated condition, you may be required to compensate for the loss in value. This does not apply if the deterioration is solely due to inspecting the item—as would have been possible in a retail store. Otherwise, you can avoid the obligation to compensate for lost value by not using the goods as your own and refraining from anything that reduces their value. Items suitable for parcel shipping are to be returned at our risk. You bear the cost of return shipping if the delivered goods match the ordered ones. Non-parcel-suitable goods will be collected from you. Refunds must be made within 30 days. The period begins for you upon dispatch of your withdrawal notice or the item; for us, upon receipt.

End of the withdrawal policy.

VIII. Retention of Title

The delivered items remain our property until full payment has been received. This also applies proportionally in case of further processing.

IX. Data Protection

Please refer to our privacy policy: https://cabrio.de/de/datenschutz