General Terms and Conditions (GTC) of Youngtimer Oldtimer Restauration sro valid for customers from the European Union
Part A: General provisions (applies to all customers)
- 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. - 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)
- 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. - 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. - 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. - 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.
- 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.
- 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)
- 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. - 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. - 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. - 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. - 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
- 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. - Right of retention on the vehicle in case of non-payment
YOR is entitled to refuse to release the vehicle as long as the agreed remuneration – including any advance or interim invoices – has not been paid in full. This right of retention applies regardless of whether the vehicle has already been completed or the work is still in progress. YOR will notify the consumer immediately in writing of the exercise of this right of retention.
YOR may refuse to release the vehicle until full payment has been made, provided that the outstanding claims are directly related to the vehicle in question.
If the consumer fails to fully pay the amount due on the partial or interim invoices within thirty (30) days of YOR's notification of the exercise of the right of retention, YOR shall be entitled, without further notice, to sell the vehicle or its parts in a reasonable manner, based on the current price of the vehicle or its parts, as determined by an expert appraisal. If the vehicle is sold, YOR will pay the consumer the sale proceeds less the repair price, storage fee, contractual penalties, and selling costs. The customer has the right to claim the sale proceeds from YOR. The risk of damage to the vehicle shall pass to the customer on the first day of the customer's default in taking delivery.
These rights exist both under Czech law and under the relevant provisions of Austrian and German contract law.
Part D: Final provisions (for all customers)
- 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. - 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.
- 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.
- Storage in case of non-collection or non-payment
If the customer fails to collect their vehicle after being requested 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 excluding 21% VAT per month, or an equivalent amount per commenced week, will be charged. YOR will immediately notify the customer in writing of the vehicle's storage. The right to assert further claims remains reserved.
If the customer fails to collect the vehicle within three (3) months of the date on which YOR requested collection of the vehicle, YOR is entitled to sell the vehicle at the customer's expense at an appropriate cost. YOR is obligated to notify the customer, if the customer's address is known, in advance of the intended sale and to grant the customer an additional period for collection, which, however, may not exceed ten (10) days, as agreed between YOR and the customer. If the vehicle is not collected, YOR will pay the customer the sale proceeds less the repair price, storage fee, contractual penalties, and selling costs. The customer has the right to claim the sale proceeds from YOR. The risk of damage to the vehicle passes to the customer on the first day of the customer's default in collection.
If the customer fails to collect the vehicle within three (3) months from the date on which YOR requested collection, YOR shall be entitled to sell the vehicle at the customer's expense by an appropriate means. YOR is obligated to notify the customer of the intended sale in advance, provided the customer has the customer's address, and to grant the customer an additional period of time to collect the vehicle, which, however, need not exceed ten days, as agreed between YOR and the customer.
If the uncollected vehicle is sold, the contractor will pay the client the proceeds of the sale, less repair costs, storage fees, any contractual penalties, and the selling costs. The client must assert their right to payment of the proceeds of the sale against the contractor.
From the first day of the client's delay in collecting the vehicle, the risk of damage to or loss of the vehicle shall pass to the client.
