AGB

General Terms and Conditions (GTC) of Youngtimer Oldtimer Restauration sro valid for customers from Germany.

Part A: General provisions (applies to all customers)

1. scope
   These terms and conditions apply to all contracts, deliveries and services provided by Youngtimer Oldtimer Restauration sro (hereinafter "YOR") to customers. Deviating agreements are only valid if they have been confirmed in writing.
2. place of performance
   The place of performance for all services is the respective YOR partner workshops in the Czech Republic.

Part B: Special regulations for entrepreneurs (B2B)

1. Applicable law and place of jurisdiction
   Contracts with entrepreneurs are governed exclusively by Czech law, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes is Prague, Czech Republic.
2. delivery times, advance payments, repair dates
   Delivery times and repair dates are non-binding unless they have been expressly guaranteed in writing.
   For longer-term work, monthly installments are due.
   YOR is entitled to interrupt work as long as interim payments are outstanding.
   In the event of delays caused by subcontractors, YOR shall only be liable for its own fault.
3. transfer of risk
   The risk passes to the customer as soon as the vehicle or part is handed over to him or - in case of delayed collection - from the third day after notification of completion.
4. warranty
   The warranty is 12 months on labor and new parts.
   The warranty on reconditioned parts is 6 months.
   Used parts or parts supplied by the customer are excluded from the warranty.
   YOR will decide whether to repair or replace the goods.

5. Retention of title and right of retention

YOR reserves ownership of delivered or installed parts until all invoices from the respective order have been paid in full.

In addition, YOR has the right to refuse to release the vehicle as long as there are still outstanding invoices from the respective order (contractor's lien).

This also applies to partial services or interim invoices within the framework of an ongoing order.

6. offsetting and retention rights
   The customer can only offset undisputed or legally established claims. A right of retention only exists for claims arising from the same contractual relationship.

Part C: Special provisions for consumers (B2C)

1. Applicable law and place of jurisdiction
   Czech law applies to consumers unless it conflicts with mandatory consumer protection regulations (e.g. those of the country of residence).
   Consumers residing in Germany also have the right to sue at the court of their place of residence. YOR can also sue consumers at their place of residence.
2. delivery times, advance payments, repair dates
   Delivery times and dates stated are non-binding unless they have been expressly guaranteed.
   For long-term work, appropriate advance payments are due in the form of monthly interim invoices.
   YOR may suspend the work if interim payments are outstanding.
3. transfer of risk
   The risk is only transferred to the consumer when the vehicle is handed over. If the customer does not collect his vehicle within 10 days despite being notified, YOR may charge storage fees.
4. warranty
   The statutory warranty period is 2 years.
   For used parts, the warranty period can be shortened to 1 year.
   Parts supplied by the customer are excluded from the warranty.
   The customer must report obvious defects within 14 days of delivery.
5. Right of withdrawal for distance contracts
   Consumers have a right of withdrawal for distance selling contracts (e.g. by email, telephone). The withdrawal period is 14 days from the conclusion of the contract.
   Cancellation policy:
   Consumers can cancel the contract within 14 days without giving reasons. To meet the deadline, it is sufficient to send the cancellation in good time. The cancellation must be sent to:

Youngtimer Oldtimer Restauration s.r.o.
Subwine mill 2134/17

190 00 Prague 9

Czech Republic
info@youngtimer-oldtimer-restaurierung.de 

+420 776 069 298

6. Liability
   YOR is liable without limitation in cases of intent, gross negligence and breach of essential contractual obligations.
   In the event of slight negligence, YOR is only liable for typical and foreseeable damages.
   Liability for lost profits is excluded.
   These limitations of liability do not apply in the event of injury to life, body or health or in the event of claims under the Product Liability Act.
7. Zurückbehaltungsrecht am Fahrzeug bei Nichtbezahlung
   Y.O.R. ist berechtigt, die Herausgabe des Fahrzeugs zu verweigern, solange die vereinbarte Vergütung – auch aus Abschlags- oder Zwischenrechnungen – nicht vollständig bezahlt wurde. Dieses Zurückbehaltungsrecht besteht unabhängig davon, ob das Fahrzeug bereits fertiggestellt ist oder sich die Arbeiten noch im laufenden Prozess befinden.
   Y.O.R. kann die Herausgabe bis zur vollständigen Bezahlung verweigern, sofern die offenen Forderungen unmittelbar mit dem betreffenden Fahrzeug im Zusammenhang stehen. Dieses Recht besteht sowohl nach tschechischem Recht als auch nach den einschlägigen Vorschriften des österreichischen und deutschen Werkvertragsrechts.

Part D: Final provisions (for all customers)

1. severability clause
   Should a provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The parties shall agree on a new provision that is as economically close as possible to the invalid provision.
2. image rights
   YOR may use photos of vehicles, components and documentation anonymously for advertising purposes (e.g. website), provided that the vehicle was in the workshop as part of the order.

3. Late payment and default interest

If the customer defaults on a payment, YOR is entitled to charge default interest of 5 percentage points above the respective base interest rate for consumers and 9 percentage points above the respective base interest rate for businesses. The right to assert further damages remains reserved.

4. Storage in case of non-collection or non-payment

If the customer does not collect his vehicle after being asked to do so and the invoice is due, or if full payment is not made, YOR is entitled to store the vehicle at the customer's expense and risk. A storage fee of 100 euros excluding 21% VAT per month or an equivalent partial amount per week or part thereof will be charged. The right to assert further claims remains reserved.