The sale and delivery shall only be made on the basis of the following terms and conditions of sale and delivery of the seller “Car ONE” EOOD which shall be deemed accepted with the sending of the order and/or the binding confirmation of the order. The terms and conditions of sale are valid explicitly for B2B transactions and not private persons. The final prices are fixed prices, discounts do not apply.
All information in Car ONE’s offers is a non-binding guideline in terms of models, prices and specifications. Our proposals (offers) are free and non-binding unless otherwise stated. The ordering of the goods by the customer shall be considered a binding offer for signing a contract. The contract is concluded at the time of the written confirmation of the customer’s order by Car ONE. This order confirmation shall be sent electronically via e-mail.
All delivery dates are completely non-binding for the Seller. The Seller is not responsible for change in the delivery date or for order cancellation. The Car ONE’s liability for errors or changes in the product made by the manufacturer/supplier shall be excluded. We reserve the right for errors and changes in prices. All possible duties, fees, taxes and other public expenses shall be at the expense of the customer.
The delivery shall be ex-warehouse, which shall be the place of execution. Car ONE shall send to the Customer an e-mail notification on its readiness to load the goods. The loading readiness notification shall be deemed received on the day of its sending to the customer’s e-mail address. The Customer shall have a period of 72 hour to pick up the motor vehicles (the term commencing from the receipt of the notification under the preceding sentence). The full payment on time of the sales price of the goods in accordance with the following paragraphs shall be a postponement condition for the goods dispatch by Car ONE. The Customer shall bear the transportation costs from the place of execution as well as the possible transportation insurance as required by the Customer. All customs duties, fees and taxes as well as any other public expenses shall be borne by the Customer.
The risk of accidental loss/worsen of the goods shall pass to the customer at the latest with the delivery of the goods. Equivalent to the delivery, respectively acceptance, shall be if the buyer is in default (delay) in the delivery acceptance. When the fault for the delay in the delivery acceptance is in the customer, the risk shall pass to the customer upon the expiration of the goods pick-up period. In case of a delay in the delivery acceptance by the customer, the customer shall owe the payment of the storage costs of 10.00 Euro per day for each motor vehicle.
The motor vehicles must be duly paid by the buyer within 48 hours of the notification by Car ONE of the goods loading readiness (sent by e-mail) and in accordance with the Seller’s proforma invoice stating the vehicle identification number (VIN). The full payment of the total value of the goods shall be a postponement condition for the goods dispatch. Upon the expiration of the aforementioned payment period, the customer shall be in default (delay). The purchase price during the delay shall be charged with 0,5% default interest on the total net value of the goods. We reserve the right to claim additional damages caused by the delay.
Until full payment of all present and future debts arising out of the contract or any other valid legal relationship between the parties (funded debts), we reserve the title of all goods that we are selling.
The goods in respect of which Car ONE has reserved title cannot be pledged to third parties or transferred before the full payment of the funded debts. The customer must immediately notify Car ONE in writing if and to the extent that there is a claim of a third party on the goods we have title of. If Car ONE has to initiate a claim as a third party with an affected right in order to prevent enforcement measures on the goods, all costs arising in connection with this claim shall be borne entirely by the customer.
In the event of breach of the contract by the Buyer, in particular failure to pay the due purchase price, we shall be entitled, in accordance with the legal provisions, to terminate the contract and/or request the return of the goods on the basis of reserved title of the goods. A demand for return of the goods does not automatically mean that the same is equivalent to a will to terminate the contract: we have the right to demand only the return of the goods, while retaining the right of termination. If the Buyer fails to pay the price, we may exercise this right by sending a written notice of termination with immediate effect. In case of contract termination, the customer shall owe a penalty of 30% of the total net purchase price of the goods. All costs arising from the return of the goods and the contract termination shall be borne by the customer. The reserved title of the goods shall remain intact until the final payment of the price of all goods.
We reserve the title of goods until full payment. After full payment the vehicle documents will be send by the seller with TNT Express (one day delivery) to the buyer.
If the delivered goods show defects, they must be reported to us immediately (not later than 5 days after their receipt) in writing (by e-mail). Oral claims shall not be valid. Otherwise, the goods shall be deemed approved. If the goods are defective, Car ONE’s warranty claims are limited to Car ONE’s right at its own discretion to remove the defect, offer a discount of the price or deliver a product without defects (additional execution).
Unless otherwise specified herein, including any further provisions, we shall be liable in the event of breach of contractual and non-contractual obligations in accordance with the relevant legal provisions. We shall be liable in case of intent and gross negligence.
The parties confirm that each of them is entitled and duly authorized to conclude and execute this document and to accept its terms and conditions. These terms and conditions of the seller “Car ONE” EOOD shall have priority over any other conditions of the customer. The applicability of the customer’s general terms and conditions is explicitly excluded. The German language version of these Terms and Conditions shall be binding and take precedence over the content of a translated version whose content does not (completely) coincide with the original or allows to be interpreted in another way.
The legally relevant declarations and notifications submitted to us after the signing of the contract (e.g. deadlines, notice of defects, notice of withdrawal or reduction) shall become valid only if made in writing.
All legal relationships between the parties, the delivery contract, including these general conditions as an integral part of the contract, are exclusively subject to Bulgarian law, excluding the rules of the conflict of laws of international private law. The application of the Unified Commercial Law (the Vienna Convention on Contracts for International Sales of Goods) is also excluded. All disputes, arising out of or in connection with this contract, including those arising out of or concerning its interpretation, invalidity, performance or termination, as well as the disputes for filling gaps in this contract or its adaptation to newly established facts, shall be referred for resolution to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry in accordance with the Rules for expedient procedure. The seat of arbitration shall be Sofia, Bulgaria, the language of the proceedings being Bulgarian.