Part A: General Provisions (applicable to all clients)
1. Scope of Application
These General Terms and Conditions (hereinafter “GTC”) apply to all agreements, deliveries, and services provided by Youngtimer Oldtimer Restauration s.r.o. (hereinafter “Y.O.R.”) to its clients. Deviating agreements are valid only if confirmed in writing.
2. Place of Performance
The places of performance for all services are the respective partner workshops of Y.O.R. located in the Czech Republic.
Part B: Special Provisions for Business Clients (B2B)
1. Applicable Law and Jurisdiction
For agreements with business clients, Czech law applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes is Prague, Czech Republic.
2. Delivery Periods, Interim Payments, Repair Deadlines
Delivery periods and repair deadlines are non-binding unless expressly guaranteed in writing.
For long-term work, monthly interim payments are due.
Y.O.R. is entitled to suspend work as long as interim payments remain outstanding.
Y.O.R. shall only be liable for delays caused by its own fault and not for those caused by subcontractors.
3. Transfer of Risk
The risk transfers to the client once the vehicle or part has been handed over to them, or—if collection is delayed—on the third day after notification of completion.
4. Warranty
The warranty period is 12 months for work performed and new parts.
For refurbished parts, the warranty period is 6 months.
Used parts or parts supplied by the client are excluded from warranty.
Y.O.R. shall decide whether repair or replacement will be provided.
5. Retention of Title and Right of Retention
Until full payment of all invoices related to the respective order has been made, Y.O.R. retains ownership of the delivered or installed parts.
Furthermore, Y.O.R. has the right to withhold the release of the vehicle as long as there are outstanding invoices for the respective order (contractor’s lien).
This also applies to partial services or interim invoices under an ongoing order.
6. Set-off and Right of Retention
The client may only offset undisputed or legally established claims. A right of retention exists only for claims arising from the same contractual relationship.
Part C: Special Provisions for Consumers (B2C)
1. Applicable Law and Jurisdiction
For consumers, Czech law applies insofar as it does not conflict with mandatory consumer protection provisions (e.g., those of the consumer’s country of residence).
Consumers residing in Germany also have the right to bring an action before the court of their place of residence. Y.O.R. may also bring actions against consumers before their local courts.
2. Delivery Periods, Interim Payments, Repair Deadlines
Stated delivery times and dates are non-binding unless expressly guaranteed.
For long-term work, reasonable interim payments are due in the form of monthly progress invoices.
Y.O.R. may suspend work if interim payments remain outstanding.
3. Transfer of Risk
The risk transfers to the consumer only upon delivery. If the client fails to collect the vehicle within 10 days after notification, Y.O.R. may charge storage fees.
4. Warranty
The statutory warranty period is 2 years.
For used parts, the warranty period may be reduced to 1 year.
Parts supplied by the client are excluded from the warranty.
The client must report obvious defects within 14 days after delivery.
5. Right of Withdrawal for Distance Contracts
Consumers have the right to withdraw from distance contracts (e.g., via email or phone). The withdrawal period is 14 days from the date the contract is concluded.
Withdrawal Instructions:
Consumers may withdraw from the contract within 14 days without giving any reason. To meet the deadline, it is sufficient to send the withdrawal notice in time. The withdrawal must be sent to:
Youngtimer Oldtimer Restauration s.r.o.
Podvínný mlýn 2134/17
190 00 Prague 9
Czech Republic
info@youngtimer-oldtimer-restaurierung.de
+420 776 069 298
6. Liability
Y.O.R. is fully liable in cases of intent, gross negligence, and breach of essential contractual obligations.
In cases of slight negligence, Y.O.R. is only liable for typical and foreseeable damages.
Liability for lost profits is excluded.
These limitations of liability do not apply to injury to life, body, or health, or to claims under the Product Liability Act.
7. Right of Retention of Vehicle in Case of Non-Payment
Y.O.R. is entitled to withhold the release of the vehicle until the agreed compensation – including any interim or progress invoices – has been fully paid. This right of retention exists regardless of whether the vehicle has already been completed or the work is still ongoing. Y.O.R. will promptly inform the consumer in writing about the exercise of this right.
Y.O.R. may refuse to release the vehicle until full payment has been made, provided that the outstanding claims are directly related to the respective vehicle.
If the consumer fails to pay the due amount from interim or progress invoices within thirty (30) days of receiving the notice regarding the exercise of the right of retention, Y.O.R. is entitled, without further notice, to sell the vehicle or parts thereof in an appropriate manner, based on the current value determined by an expert opinion. If the vehicle is sold, Y.O.R. shall pay the consumer the sales proceeds minus the repair costs, storage fees, contractual penalties, and sales expenses. The client must assert their right to payment of the proceeds against Y.O.R.
From the first day the client is in default of collecting the vehicle, the risk of damage passes to the client.
These rights exist under Czech law as well as under the relevant provisions of Austrian and German contract law.
Part D: Final Provisions (applicable to all clients)
1. Severability Clause
Should any provision of these GTC be invalid, the remainder of the contract shall remain valid. The parties shall agree on a new provision that comes as close as possible to the economic intent of the invalid clause.
2. Image Rights
Y.O.R. may use photos of vehicles, components, and documentation anonymously for advertising purposes (e.g., website), provided that the vehicle was in the workshop under an order.
3. Default of Payment and Interest on Arrears
If the client is in default of payment, Y.O.R. is entitled to charge interest on arrears of 5 percentage points above the applicable base interest rate for consumers and 9 percentage points above the applicable base interest rate for business clients. The right to claim additional damages remains reserved.
4. Storage in Case of Non-Collection or Non-Payment
If the client fails to collect the vehicle after being requested to do so and the invoice has become due, or if full payment is not made, Y.O.R. is entitled to store the vehicle at the client’s expense and risk. A storage fee of 100 EUR excluding 21% VAT per month, or a proportional amount per week commenced, will be charged. Y.O.R. will promptly inform the client in writing about the storage of the vehicle. The right to claim further damages remains reserved.
If the client does not collect the vehicle within three (3) months from the date on which they were requested by Y.O.R. to do so, Y.O.R. is entitled to sell the vehicle in an appropriate manner at the client’s expense. Y.O.R. is obligated to inform the client, if their address is known, in advance of the intended sale and to grant an additional collection period that may not exceed ten (10) days according to the agreement between Y.O.R. and the client. If the uncollected vehicle is sold, Y.O.R. shall pay the client the sale proceeds after deducting the repair costs, storage fees, contractual penalties, and sales expenses. The client must assert their right to payment of the proceeds against Y.O.R.
From the first day the client is in default of collecting the vehicle, the risk of damage or loss of the vehicle passes to the client.
