Terms and Conditions
G-Brio GmbH, represented by its Managing Director Niclas Heyne, Mühlenhagen 164a, 20539 Hamburg, Germany, Commercial Register No. HRB 199173, Local Court of Hamburg.
These General Terms and Conditions apply to the sale of restored classic cars and other used vehicles (hereinafter referred to as the "Vehicle" or the "Purchased Item") by G-Brio GmbH (hereinafter referred to as the "Seller") to the buyer.
Offers and Vehicle Descriptions
The vehicles covered by the contract are used, individual one-off items. The information provided on our website, in advertisements, exposés, vehicle descriptions or other presentations regarding condition, equipment, history, mileage, scope of restoration, prices and availability is non-binding and does not constitute a legally binding offer.
Images, photographs and other visual representations are for illustrative purposes only. Due to the age, use and individual condition of each vehicle, the actual condition and equipment may differ from the representations. Only the information contained in the individual purchase agreement and in any condition or vehicle report shall be authoritative.
The Vehicle may be sold to another party prior to the conclusion of a binding contract. Errors, amendments and changes in availability remain reserved.
The Seller may use the data submitted by the prospective buyer to clarify questions, prepare an individual offer and contact the prospective buyer in connection with the enquiry. Information on the processing of personal data can be found in our Privacy Policy.
I. Conclusion of Contract / Transfer of the Buyer's Rights and Obligations
The buyer shall be bound by the order or purchase offer for no more than ten days.
The purchase agreement is concluded when the Seller confirms acceptance of the order for the specifically identified Purchased Item in text form within the above period or carries out the handover. The Seller is obliged to inform the customer without undue delay if the order is not accepted. As the vehicles are individual one-off items, the Vehicle may be sold to another party until the Seller has accepted the order.
Any transfer of the buyer's rights and obligations arising from the purchase agreement requires the Seller's consent in text form. This does not apply to a monetary claim of the buyer against the Seller. For other claims of the buyer against the Seller, prior consent is not required where the Seller has no legitimate interest in excluding assignment or where the buyer's legitimate interest in the assignability of the right outweighs the Seller's legitimate interest in excluding assignment.
II. Payment
The purchase price and the prices for ancillary services are due for payment upon invoicing, unless expressly agreed otherwise in writing. Where a deposit has been agreed, the remaining purchase price shall become due no later than upon handover of the Vehicle, but not before full receipt of payment.
The Seller is entitled to withhold handover of the Purchased Item until all due amounts have been paid in full.
The buyer may set off claims against the Seller only where the buyer's counterclaim is undisputed or has been finally adjudicated. Counterclaims arising from the same purchase agreement are excluded from this restriction. The buyer may exercise a right of retention only insofar as it is based on claims arising from the same contractual relationship.
III. Handover, Collection and Delay in Delivery
The place of handover is the Seller's registered office in Hamburg. The buyer is obliged to collect the Vehicle there unless expressly agreed otherwise.
Shipment or transport of the Vehicle to another location shall take place only by separate agreement and at the buyer's expense. In this case, the risk of accidental loss and accidental deterioration passes to the buyer upon handover of the Vehicle to the carrier. Where the buyer is a consumer, the risk shall, notwithstanding the foregoing, pass only upon handover of the Vehicle to the buyer.
Delivery or handover dates are binding only if they have expressly been agreed as binding in text form. Otherwise, they are non-binding.
If the buyer fails to meet agreed payment obligations, in particular a deposit, on time, or fails to provide required cooperation in due time, an agreed handover date shall be extended by the duration of the delay plus a reasonable restart period.
The buyer may request the Seller in text form to hand over the Vehicle no earlier than two weeks after a non-binding handover date has been exceeded. Upon receipt of this request, the Seller shall be in default, provided the statutory requirements are met.
Where the buyer is entitled to compensation for loss caused by delay, such compensation shall, in cases of slight negligence by the Seller, be limited to a maximum of five percent of the agreed purchase price. If the buyer additionally wishes to rescind the agreement and/or claim damages in lieu of performance, the buyer must, after expiry of the aforementioned period, set the Seller a reasonable additional period for handover. Where the buyer is entitled to damages in lieu of performance, such damages shall, in cases of slight negligence, be limited to a maximum of twenty-five percent of the agreed purchase price. Where the buyer is an entrepreneur within the meaning of section 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, claims for damages in lieu of performance are excluded in cases of slight negligence.
Force majeure and operational disruptions affecting the Seller, fires, strikes, lockouts, natural events, pandemics, official orders or other unforeseeable events for which the Seller is not responsible and which temporarily make handover impossible or materially more difficult shall extend an agreed handover date by the duration of the impediment plus a reasonable restart period. If such circumstances result in a postponement of more than six months and are unreasonable for either party, both parties are entitled to rescind the agreement. If the Vehicle is destroyed before handover through no fault of the Seller, both parties are entitled to rescind the agreement; any payments already made shall be refunded.
IV. Acceptance
The buyer is obliged to accept the Purchased Item within fourteen days of receipt of the notice that it is ready for collection. Unless otherwise provided in the purchase agreement, acceptance shall take place at the Seller's registered office in Hamburg.
If the buyer fails to accept the Purchased Item, the Seller may exercise its statutory rights. If the Seller claims damages, these shall amount to fifteen percent of the purchase price. A higher or lower amount shall apply where the Seller proves a higher loss or the buyer proves that a lower loss or no loss at all has occurred.
V. Retention of Title
The Purchased Item shall remain the property of the Seller until all claims to which the Seller is entitled under the purchase agreement have been settled in full.
Where the buyer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the course of commercial or self-employed professional activity when concluding the agreement, the retention of title shall also continue to secure the Seller's claims against the buyer arising from the ongoing business relationship until all claims connected with the purchase have been settled.
At the buyer's request, the Seller is obliged to waive the retention of title where the buyer has irrevocably satisfied all claims connected with the Purchased Item and adequate security exists for the remaining claims arising from the ongoing business relationship.
For the duration of the retention of title, the Seller shall be entitled to possession of Part II of the registration certificate. As long as the retention of title exists, the buyer may neither dispose of the Purchased Item nor contractually grant its use to third parties.
If the buyer fails to pay the due purchase price or prices for ancillary services, or fails to pay them in accordance with the agreement, the Seller may rescind the agreement and/or, in the event of a culpable breach of duty by the buyer, claim damages in lieu of performance after having unsuccessfully set the buyer a reasonable period for performance, unless setting such a period is not required by law.
If the Seller retakes possession of the Purchased Item following rescission, the buyer shall bear the necessary costs of repossession and realisation. Without proof, these costs shall amount to five percent of the ordinary sales value; a higher or lower amount shall apply where the Seller proves higher costs or the buyer proves that lower costs or no costs at all were incurred.
VI. Condition and Characteristics of the Vehicle
The Vehicle is sold as a used vehicle. Restored classic cars are also used goods. Age-related, use-related and restoration-related characteristics, including patina, signs of use, normal wear and tear, material ageing and technical or visual peculiarities corresponding to the age and historical character of the Vehicle, do not constitute a material defect.
Only those features, equipment items and statements regarding condition expressly listed in the purchase agreement, together with the information contained in any condition or vehicle report expressly attached to the purchase agreement, shall constitute the agreed characteristics of the Vehicle. Public statements, promotional claims or advertising do not constitute agreed contractual characteristics.
Information regarding mileage, whether in kilometres or miles, is often not fully verifiable for classic cars. Unless expressly designated in writing as guaranteed, such information refers only to the reading shown on the odometer and does not constitute an agreement as to quality or a guarantee regarding the Vehicle's actual total mileage.
Statements regarding originality, original paint, "matching numbers", previous owners, vehicle history, scope of restoration and quality of restoration shall constitute agreed characteristics only where expressly confirmed as such by the Seller in writing. Any restoration has been carried out to the documented extent; no further scope of restoration is owed.
Classification as a classic car, the issuance of an expert report under section 23 of the German Road Traffic Licensing Regulations (StVZO), or the allocation of an H registration plate is not owed unless expressly agreed in writing.
The buyer is advised to inspect and examine the Vehicle before concluding the agreement. The buyer shall be given the opportunity to inspect the Vehicle and, by prior arrangement, to test-drive it.
VII. Liability for Material Defects
Where the buyer is a consumer, claims for material defects in used vehicles shall become time-barred one year after delivery of the Purchased Item. Reduction of the limitation period to one year requires that the consumer be specifically informed of this before submitting the contractual declaration and that the reduction be expressly and separately agreed in accordance with section 476(2) BGB.
Where the buyer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the course of commercial or self-employed professional activity when concluding the agreement, liability for material defects is excluded.
The above limitations and exclusion do not apply to damage resulting from injury to life, body or health, damage resulting from a grossly negligent or intentional breach of duty by the Seller, its legal representative or vicarious agent, fraudulent concealment of a defect, or cases involving the assumption of a guarantee or procurement risk. In these respects, the statutory provisions apply.
Where a material defect exists and liability has not been excluded, the buyer may demand subsequent performance. The buyer must set the Seller a reasonable period for this purpose. Due to the Vehicle's nature as an individual one-off item, subsequent performance shall be carried out by remedying the defect; replacement delivery is generally excluded. For subsequent performance, the Vehicle must be brought to the Seller's registered office in Hamburg. Where the buyer is a consumer and the Vehicle was in fact defective, the Seller shall bear the necessary transport costs, provided these are not disproportionate.
No liability exists for damage or defects resulting from improper use, excessive use, improper maintenance, unauthorised interference or modifications not authorised by the Seller after handover. The same applies to normal wear and tear and consumable or wear parts.
If subsequent performance fails or is unreasonable, the buyer may rescind the agreement or reduce the purchase price. Further claims, in particular claims for damages, shall exist only subject to the requirements of section VIII below.
VIII. Liability
Where the Seller is liable under statutory provisions for damage caused by slight negligence, the Seller's liability shall be limited. Liability shall exist only in the event of a breach of material contractual obligations, namely obligations imposed on the Seller by the content and purpose of the purchase agreement or obligations whose performance is essential for the proper execution of the purchase agreement and on whose fulfilment the buyer regularly relies and may reasonably rely. Such liability shall be limited to the typical loss foreseeable at the time the agreement was concluded. Personal liability of the Seller's legal representatives, vicarious agents and employees for damage caused by their slight negligence is excluded.
Irrespective of fault on the part of the Seller, liability for fraudulent concealment of a defect, the assumption of a guarantee or procurement risk, injury to life, body or health, and liability under the German Product Liability Act shall remain unaffected.
IX. Registration and Intended Vehicle Market
The Vehicles are delivered in the condition in which they are at the time the agreement is concluded. The Seller does not owe suitability or registrability for national markets outside the Federal Republic of Germany.
If a Vehicle is to meet the requirements for registration or operation outside the Federal Republic of Germany, this requires a separate, express written agreement. Unless expressly agreed otherwise, the buyer is responsible for compliance with foreign registration, import and operating regulations.
X. Brokerage of Loan Agreements
Where the Seller arranges for the buyer to have the opportunity to enter into a loan agreement with a credit institution for the purpose of financing the purchase price, that loan agreement shall be concluded exclusively between the buyer and the relevant credit institution.
The purchase agreement is legally independent of the conclusion, continuation or revocation of the loan agreement. Revocation, termination or any other ending of the loan agreement does not affect the buyer's obligation to pay the purchase price.
Mandatory consumer rights, in particular in the case of a linked transaction within the meaning of sections 358 and 359 BGB, remain unaffected.
XI. Place of Jurisdiction
For all present and future claims arising from the business relationship with merchants, including claims based on bills of exchange and cheques, Hamburg shall be the exclusive place of jurisdiction, unless another place of jurisdiction is mandatorily prescribed by law.
The same place of jurisdiction shall apply where the buyer has no general place of jurisdiction in Germany, relocates the buyer's domicile or habitual residence outside Germany after conclusion of the agreement, or where the buyer's domicile or habitual residence is unknown at the time legal proceedings are commenced.
For claims brought by the Seller against the buyer, the buyer's place of residence shall be the place of jurisdiction. In all other respects, the statutory provisions apply.
XII. Notice Pursuant to Section 36 of the German Consumer Dispute Resolution Act
The Seller will not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act and is not obliged to do so.
G-Brio GmbH · General Terms and Conditions · Version: July 2026