Terms and Conditions
(GTC 2026 V1)
I. General
All deliveries and services are subject to the following General Terms and Conditions. These form the basis of all offers and agreements and apply from the moment an order is placed or delivery is accepted for the duration of the entire business relationship. No oral side agreements exist outside of this contract – all agreements must be in writing.
II. Conclusion of Contract
A contract is concluded by two concurring declarations of intent; that is, the declarations of intent that lead to the conclusion of a contract are called offer and acceptance. This “intent to be legally bound” also applies to the fulfillment of agreed purchase prices in our business premises upon conclusion of the contract in compliance with the specified form. Transfers of the buyer’s rights and obligations arising from the purchase contract require the seller’s written consent.
III. Acceptance
If the buyer defaults on the performance of the contract, the seller is entitled, after setting a grace period of one week, to withdraw from the contract and demand liquidated damages in the amount of 10% of the purchase price and reimbursement of legal costs. The right to claim further damages remains reserved. The damages will be calculated differently if the seller proves higher damages or the buyer proves that lower or no damages were incurred.
IV. Retention of Title
The purchased item remains the property of the seller until all claims due to the seller under the purchase contract have been settled. If the buyer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the course of their commercial or independent professional activity when concluding the contract, the retention of title also extends to claims of the seller against the buyer arising from the ongoing business relationship until all claims related to the purchase have been settled. At the buyer’s request, the seller is obligated to waive the retention of title if the buyer has irrevocably fulfilled all claims related to the purchased item and adequate security exists for the remaining claims arising from the ongoing business relationship. During the period of retention of title, the seller retains the right to possession of the vehicle documents. If the buyer fails to pay the purchase price and any charges for ancillary services when due, or fails to do so in accordance with the contract, the seller may withdraw from the contract and/or, in the event of a culpable breach of duty by the buyer, claim damages in lieu of performance, provided the seller has unsuccessfully set the buyer a reasonable deadline for payment, unless setting such a deadline is unnecessary under applicable law. As long as the retention of title remains in effect, the buyer may neither dispose of the purchased item nor contractually grant its use to third parties.
V. Warranty (Guarantee)
A voluntary warranty may not restrict the buyer’s statutory warranty rights and must include the name and address of the warrantor, its content, duration, and geographical scope. Any existing manufacturer’s warranty must be redeemed before any warranty or guarantee claim against the seller.
VI. Warranty (Legal)
Unless expressly excluded, the seller is liable for defects present at the time of delivery of a used vehicle for a reduced period of 12 months (compared to the statutory 2-year period for new vehicles). If the defect appears within 6 months of delivery, it is presumed that it was present at the time of delivery. This does not apply to defects attributable to normal wear and tear. The burden of proof for defects appearing later lies with the buyer. A prerequisite for a warranty claim is the regular and timely adherence to all service appointments at the authorized workshop. A warranty claim must be registered with the seller, and the vehicle must be made available at the place of sale for repairs. The seller determines the location and scope of the repairs. In the event of a warranty claim, the seller is entitled to rescind the purchase agreement and retain up to 10% of the purchase price as expenses. In the case of sales to merchants or exports outside of Austria, all warranties are excluded. The right to claim further damages remains reserved. If a warranty has been excluded, this is agreed upon within the framework of the contract due to the vehicle being a project car, unknown defects, the vehicle’s age, mileage, and similar factors. A separate list of defects or reasons for the exclusion will not be provided.
VII. Cancellation
If the buyer defaults on the performance of the contract, the seller is entitled, after setting a grace period of one week, to withdraw from the contract and demand liquidated damages amounting to 10% of the purchase price.
VIII. Retention of Title
If the vehicle is delivered to the buyer before full payment of the purchase price, it remains the property of the seller until full payment of the entire purchase price, including incidental expenses, has been received.
IX. Place of Performance
X. Severability Clause
Any invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The foregoing provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete. The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
XI. Jurisdiction
The place of jurisdiction is Korneuburg.
XII. Data Protection
The seller is entitled to electronically store and process all data relating to the buyer in connection with the business relationship for the purpose of contract fulfillment, in compliance with the provisions of the Data Protection Act.
XIII. Amendments to the Terms and Conditions
Diplocars GmbH reserves the right to amend or supplement these Terms and Conditions at any time and without stating reasons.
XIV. Conclusion of Contract
The information provided in vehicle advertisements online and offline is given to the best of our knowledge and belief and is non-binding. We also use information provided by third-party providers (e.g., Autopro, Eurotax, Autopreisspiegel, willhaben, autoscout, etc.) based on the chassis number or other vehicle-specific data. The buyer is obligated to personally inspect the vehicle for sale to verify its condition and availability as described in the offer. Any discrepancies between the advertised specifications and the actual vehicle must be reported to the seller before the conclusion of the contract. Later complaints cannot be accepted.