Terms and Conditions (GTC)
All contracts concluded between "Black Forest Detail" (hereinafter referred to as the provider) and the customer are based on the following general terms and conditions:
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§1 Scope of the General Terms and Conditions
These general terms and conditions apply to all contracts concluded between the provider and the client and to all business areas (vehicle preparation, dent removal, etc.)
Agreements that deviate from the conditions listed here must be made in writing. Other agreements that affect one or more parts of the terms and conditions do not affect the validity of the remaining conditions.
We reserve the right to make changes, but must be announced one month before they take effect.
If one or more clauses or paragraphs are ineffective, the remaining clauses and paragraphs of these terms and conditions remain in effect.
§2 terms of payment / payment agreements
The terms of payment are to be accepted by the client as stated on the order confirmation.
Exceptions are possible after prior verbal agreement, but must be noted in writing on the order confirmation, otherwise they will not be effective.
Written payment agreements are valid for six months. At the end of these six months, a payment agreement is automatically extended by a further six months if it is not canceled one month at the end of the term.
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§3 Appointments
Appointments are at the same time the placing of orders and are also viewed as such in the legal sense. Irrespective of this, the customer must sign a written order confirmation immediately before the start of vehicle preparation / cleaning.
Appointments are generally made with the mutual consent of both business parties. Rush orders must be declared as such by the customer. However, this service is non-binding and depends on the order book of the provider.
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§4 Failure to meet an appointment
Appointments remain valid until the agreed date, unless this date is canceled by one of the business parties at least two working days before the creation date.
If there is no recognizable reason for non-compliance with an appointment, the provider can claim a flat fee of 50% of the agreed price, but at least EUR 30.00 from the customer.
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§5 complaints
The services provided by the provider are checked together with the client when the vehicle is handed over. Complaints can only be made directly after the work has been performed. In the event of justified complaints regarding the service provided, the provider has the express right to rectify the problem.
Such complaints must be made in writing by the injured party on site and immediately in the presence of the provider.
In the case of complaints relating to damage to the vehicle that could have been caused by the provider, a photographic documentation of the damaged vehicle part must be carried out immediately, as the complaint cannot otherwise be recognized.
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§6 liability and guarantee
Claims for damages on the part of the client can only be asserted if the provider or one of his employees can be charged with gross negligence or intent.
In the case of paint damage that is caused by the provider and has its origin in defective paint, such as B. due to stone chips, flaking paint, badly processed paint, scratches, etc., no claims for damages can be made against the provider and his employees.
In the case of heavily soiled interior fittings that have stains and wounds, slightly aggressive chemicals can be used. This can lead to color fading and deviations. The customer must be informed of this before signing the order confirmation. If the client nevertheless wishes this work to be carried out, he excludes any liability on the part of the provider by signing the order form.
Liability for all damage to the vehicle that existed on the vehicle in question before the vehicle was prepared (e.g. body damage, scratches and dents, defective rims, antennas, exterior mirrors, loose and defective interiors or accessories that were poorly or improperly attached in advance, etc.) or were enlarged by the work on the vehicle, will not be accepted.
Engine and engine compartment washes are only carried out on vehicles with proper electrical seals, the provider assumes no liability in the event of breakdowns. By placing an order for the engine and engine compartment washing, the customer confirms that the electrical seal in the engine compartment of his vehicle is faultless.
In the case of sensitive electrical components (e.g. alarm systems, car hi-fi, etc.), the customer is obliged to report or notify the processor in advance of the work to be carried out on his vehicle and to insist on a written note, otherwise no claims for damages can be asserted.
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§7 prices / flat rates
The prices generally depend on the condition of the vehicle before cleaning begins. The prices quoted are therefore based on vehicles with a normal degree of soiling.
Prices on information documents and on the provider's website are non-binding and are for guidance only. The actual price can therefore differ greatly from the guide prices depending on the condition of the vehicle.
In the case of extreme soiling such as animal hair, faeces, paint, etc., which require special treatment, a surcharge can be claimed, regardless of flat-rate prices or possible offers. However, this surcharge must be discussed with the customer before the legally binding order is placed and recorded in writing on the order form, or, in the case of flat-rate prices, discussed with the contractual partner and agreed separately. If this contamination is only discovered during the work and no agreements have been made with the customer in advance regarding this problem, the provider must inform the customer immediately and obtain his approval for removal at a surcharge.
The final prices of the services to be provided are set immediately before the work begins and noted on the order confirmation.
Flat rate agreements can be terminated by one of the two parties without giving reasons by giving one month's notice to the end of the regular term.
Flat rate agreements (e.g. for longer-term vehicle preparation contracts) are generally valid for 6 months. At the end of these six months, they are automatically extended for a further six months if one of the contracting parties does not terminate the contract within the notice period.
The customer accepts these prices with his signature on the order confirmation or the flat-rate price agreement.
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§8 formalities and written confirmation
Before work on the customer's vehicle can begin, the customer must sign the order forms. These forms include the order confirmation and possibly (depending on the individual case) the description of the damage already existing to the vehicle. These serve the legal protection of the provider and his employees, as well as their customers.
Should the client assert claims for damages against the provider after completion of the order, which refer to damage already existing before the execution of the order, the provider reserves the right to take legal action against the client.
By signing these forms, the customer confirms their accuracy and accepts these general terms and conditions or the extraordinary agreements noted on the order confirmation.
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§9 miscellaneous
Unless otherwise agreed, the place of performance is Haslach im Kinzigtal / Baden-Württemberg.
German law applies to all contracts concluded between the provider and the customer.