Terms and Conditions

for the sale of motor vehicles

As of 02 September 2026

Company Next Point GmbH

Registered office Auf den Geisten 10, 40468 Düsseldorf

Register Düsseldorf Local Court, HRB 106900

Website version for vehicle sales. Individual agreements in the respective purchase contract take precedence. Separate consumer agreements required by law are not replaced by these Terms and Conditions.

1. These Terms and Conditions ("Terms") apply to the sale of motor vehicles, in particular used motor vehicles, by Next Point GmbH, Auf den Geisten 10, 40468 Düsseldorf, Düsseldorf Local Court, HRB 106900, represented by its Managing Director Mohammadvahid Hajikhani — hereinafter the "Seller" or "Next Point GmbH" — to consumers and businesses.

2. A consumer (Verbraucher) is any natural person who enters into a legal transaction predominantly for purposes that cannot be attributed to their commercial or self-employed professional activity.

3. A business (Unternehmer) is a natural or legal person or a partnership with legal capacity that, when entering into the contract, acts in the exercise of its commercial or self-employed professional activity. The actual purpose of the transaction is decisive; merely describing a buyer as a "dealer", "commercial customer" or "export" does not alter their status as a consumer.

4. Individual agreements in the purchase contract take precedence over these Terms. This applies in particular to agreements concerning the specific condition of the vehicle, known damage and previous damage, equipment features, mileage, accessories sold with the vehicle, work still to be carried out, delivery conditions and other promised services.

5. These Terms become part of the respective purchase contract if, when the contract is concluded, the buyer has been informed that they apply, has had a reasonable opportunity to review them and has agreed to their application.

6. In relation to businesses, conflicting or differing terms and conditions of the buyer apply only if Next Point GmbH has expressly agreed to their application.

7. Separate warranty agreements, financing agreements, insurance products or other independent additional services may be subject to additional terms of the respective contracting party.

1. Vehicle presentations and listings on the Next Point GmbH website and on mobile.de, AutoScout24, Kleinanzeigen, social networks or other sales platforms do not constitute a binding contractual offer unless they are expressly designated as binding. They serve to present the vehicle inventory and invite interested parties to make contact or submit an offer to purchase.

2. An enquiry by email, WhatsApp, telephone, contact form or through a vehicle platform does not by itself result in the conclusion of a purchase contract.

3. A purchase contract is concluded in particular when the parties sign a purchase contract or when Next Point GmbH expressly accepts a binding offer to purchase.

4. Until a purchase contract has been validly concluded, the vehicle remains subject to prior sale.

5. Obvious typographical, transmission, input or calculation errors are not binding. Once a contract has already been concluded, the parties' rights in the event of errors are governed exclusively by the statutory provisions.

1. A reservation request made through the website, a vehicle platform, WhatsApp, email or by telephone is initially non-binding.

2. A vehicle is reserved only on the basis of a reservation agreement expressly confirmed by Next Point GmbH. A mere expression of interest or appointment booking does not create any entitlement to a reservation.

3. As a rule, a binding reservation is made only against the reservation payment agreed in the individual case. The amount, duration and other conditions of the reservation are agreed separately for the specific vehicle.

4. Before the vehicle purchase contract is concluded, the reservation payment is not yet a deposit on the purchase price. If the vehicle purchase is concluded within the reservation period, the reservation payment will generally be credited against the purchase price unless otherwise individually agreed.

5. The legal consequences if the vehicle purchase does not take place are governed by the respective reservation agreement and the statutory provisions. These Terms do not provide for any automatic forfeiture of a reservation payment.

1. Unless expressly stated otherwise, the vehicles offered are used vehicles. When assessing a vehicle's condition, particular account must be taken of its age, mileage, previous use, number of keepers and the condition customary for comparable used vehicles.

2. Normal wear and tear due to age, mileage and use does not constitute a defect insofar as it does not result in a deviation from an agreed characteristic or from mandatory statutory requirements.

3. Information about a vehicle is provided by Next Point GmbH to the best of its knowledge and on the basis of the vehicle documents, electronic data, information from previous owners or keepers and other information available to it at the time of the listing or conclusion of the contract.

4. Where information is expressly qualified by wording such as "according to the previous owner", "according to the vehicle documents", "according to the service history", "according to the odometer" or "odometer reading", it reflects the information available to Next Point GmbH.

5. Next Point GmbH does not carry out, for every vehicle, a comprehensive independent investigation of the entire accident and repair history, a paint-thickness measurement or a technical examination for possible mileage manipulation. Known material previous damage and other circumstances requiring disclosure are disclosed in accordance with the statutory provisions.

6. The agreed characteristics of the vehicle are determined in particular by the individual agreements in the purchase contract and by specific vehicle information expressly incorporated into the contract. No independent guarantee of a particular total mileage, accident-free history, number of previous keepers, durability or other characteristic exists unless it has expressly been assumed as a guarantee.

7. Carrying out a roadworthiness inspection ("new TÜV"), an inspection, oil change, brake replacement or other maintenance or repair work does not by itself constitute an independent guarantee of the future absence of defects or durability of the entire vehicle.

8. Vehicle images are used to depict the respective vehicle. Accessories, objects or equipment items are included in the sale only to the extent that they are agreed as included in the purchase contract or in a vehicle description expressly incorporated into it.

9. For vehicles with digital elements, manufacturer apps, online services or software functions, mandatory statutory obligations, including any obligations to provide updates, remain unaffected.

10. For electric and hybrid vehicles, a specific future electric range, battery capacity or battery state of health is owed only if it has expressly been agreed as a characteristic or guaranteed.

1. If, in a sale to a consumer, a specific characteristic of the vehicle is to deviate from the objectively expected requirements, the consumer will be specifically informed of this before submitting their contractual declaration.

2. The specific deviation will be expressly and separately agreed in the purchase contract or in a separate annex.

3. A general provision in these Terms does not replace any concrete and separate agreement concerning a particular deviation that is required by law.

1. The purchase price agreed in the purchase contract is decisive.

2. In sales to consumers, final prices are stated including the price components that must be included by law.

3. For vehicles subject to margin taxation, taxation is carried out in accordance with § 25a UStG. In this case, VAT is not shown separately. Where VAT can be shown separately, this will be stated in the purchase contract or invoice.

4. Permitted payment methods — where offered in the individual case — include in particular bank transfer, instant bank transfer, debit/EC card payment, cash payment to the extent permitted by law, and expressly agreed financing.

5. In the case of payment by bank transfer, payment is deemed made only when the funds have been finally credited to the account specified by Next Point GmbH.

6. Next Point GmbH is entitled to withhold handover of the vehicle, the vehicle keys and the vehicle documents, including Registration Certificate Part II, until all amounts due from the vehicle purchase have been paid in full and finally.

7. Statutory identification, documentation and other obligations under anti-money-laundering law remain unaffected.

1. Where offered, financing is arranged through external banks or financing partners. The decision whether to approve financing is made exclusively by the respective financing partner.

2. Next Point GmbH does not guarantee approval of financing, any particular interest rate, term, monthly instalment or other credit terms.

3. Where a purchase contract is expressly designated as dependent on financing, the vehicle purchase is subject to the condition precedent of final financing approval by the agreed financing partner.

4. If the requested financing is finally rejected, the condition is not fulfilled. In that case, neither party has performance obligations under the financing-dependent vehicle purchase. Payments already made towards the purchase price will be refunded insofar as no other due claims exist.

5. Statutory claims arising from intentionally or culpably incorrect information provided by the buyer to Next Point GmbH or the financing partner remain unaffected.

6. Mandatory provisions governing consumer loans and linked agreements remain unaffected.

1. Handover generally takes place at the agreed business premises or handover location of Next Point GmbH unless otherwise agreed.

2. The vehicle remains the property of Next Point GmbH until the purchase price and agreed ancillary services have been paid in full.

3. Before full and final receipt of payment, there is generally no entitlement to delivery of the vehicle, the vehicle keys or Registration Certificate Part II.

4. The buyer is obliged to take delivery of the vehicle on the agreed date. If the buyer is in default of acceptance after the vehicle has been duly made available and the buyer has been requested to collect it, the claims of Next Point GmbH are governed by the statutory provisions.

5. Reasonable additional expenses actually incurred as a result of a default of acceptance for which the buyer is responsible may be claimed in accordance with the statutory provisions.

6. For consumers, the transfer of risk is governed by the mandatory statutory provisions. If a vehicle is dispatched at the request of a business, the statutory provisions governing a sale involving carriage apply to the transfer of risk unless otherwise agreed.

1. The trade-in of a buyer's vehicle requires a separate agreement.

2. Valuations and purchase prices provided by telephone, electronically, on the basis of photographs or solely on the basis of a description are generally provisional until Next Point GmbH has inspected and examined the relevant vehicle on site.

3. The final trade-in value is determined in particular by the actual condition of the vehicle established during the inspection and by the accuracy of the information provided by the customer.

4. The seller of the vehicle being traded in is obliged to provide truthful information in particular about ownership, financing and third-party rights, mileage, known mileage manipulation, known accident damage and previous damage, technical defects and other circumstances material to the vehicle's value.

5. Statutory claims of Next Point GmbH arising from incorrect information, fraudulently concealed circumstances, defects in title or other breaches of duty remain unaffected.

6. Whether the vehicle purchase and the trade-in are legally interdependent is determined by the respective individual agreement.

1. When a vehicle is sold to a consumer, the statutory rights in respect of defects apply.

2. The statutory limitation period for claims in respect of defects is generally two years from delivery.

3. For used vehicles, the limitation period may be shortened to one year from delivery in accordance with § 476 BGB.

4. Such a shortening is validly agreed with a consumer only if the consumer was specifically informed of the shortening before submitting their contractual declaration and the shortening is expressly and separately agreed in the purchase contract or in a separate agreement.

5. These Terms alone do not shorten the statutory limitation period to one year in relation to a consumer.

6. Mandatory statutory rules on suspension, delayed expiry and extension of limitation periods remain unaffected.

1. If a possible defect becomes apparent after handover, Next Point GmbH should be informed as soon as possible. The buyer must give Next Point GmbH the opportunity to inspect the vehicle and the alleged defect and to carry out any subsequent performance owed by law.

2. In relation to an alleged warranty defect, the buyer should not arrange for repairs by a third-party workshop without prior coordination with Next Point GmbH unless a legally recognised exception applies. Mandatory statutory rights remain unaffected.

3. Before subsequent performance is carried out, the consumer will be informed, in accordance with the statutory provisions, of their right of choice and of the statutory effects of rectification on the limitation period.

4. The expenses for subsequent performance required by law will be borne in accordance with the statutory provisions.

5. No entitlement to a free replacement vehicle or rental car arises solely because subsequent performance is being carried out. Statutory claims for damages or express individual agreements remain unaffected.

6. Voluntary goodwill services are provided without acknowledgement of a legal obligation unless expressly stated otherwise.

1. An additional used-car warranty is generally not included in the vehicle purchase price unless it is expressly stated to be included in the purchase price.

2. Optional used-car warranties are concluded on the basis of a separate warranty agreement or the warranty terms of an external warranty provider.

3. The warrantor, duration, territorial scope, covered components, exclusions, deductibles and procedure for asserting warranty claims are governed exclusively by the respective warranty documents.

4. If an external provider is the warrantor, claims under the warranty are directed against the warrantor identified there in accordance with the warranty terms.

5. The buyer's statutory rights in respect of defects against Next Point GmbH exist independently of any additional warranty and are not restricted by its conclusion, non-conclusion, expiry or exclusions.

1. When a used vehicle is sold to a business, the sale is made — to the extent permitted by law and unless expressly agreed otherwise — excluding liability for material defects.

2. The exclusion includes in particular claims for subsequent performance, reduction of the purchase price, rescission and damages due to a material defect, insofar as their exclusion is permitted by law.

3. The exclusion of liability does not apply in the event of fraudulent concealment of a defect, the express assumption of a guarantee, damage resulting from injury to life, body or health, damage caused intentionally or by gross negligence, claims under the German Product Liability Act, or other cases of mandatory statutory liability.

4. If the purchase is a commercial transaction for both contracting parties within the meaning of the German Commercial Code, the duties of inspection and notification under § 377 HGB additionally apply.

5. There is no general voluntary right of return or exchange in sales to businesses.

6. Next Point GmbH may require appropriate evidence of business status from a buyer acting as a business. The buyer's actual legal classification remains decisive.

1. Describing a vehicle sale as "export", "export vehicle" or "sale abroad" does not by itself determine whether the buyer is a consumer or a business.

2. In the case of a business, dealer or other commercial buyer, the provisions on sales to businesses under § 13 of these Terms apply irrespective of the country of destination.

3. In the case of a consumer, mandatory consumer-protection provisions remain unaffected.

4. The buyer is generally responsible for checking before purchase whether the vehicle can be imported, registered and operated in the intended destination country.

5. Next Point GmbH does not provide an independent guarantee of registrability in a particular foreign country, foreign tax or customs consequences, import regulations, environmental or emissions requirements, technical registration requirements or administrative decisions unless the relevant characteristic has expressly been agreed or guaranteed.

6. Procurement of COC certificates, export registration plates, short-term registration plates, insurance, transport services or other export services is owed only if expressly agreed.

7. To the extent that Next Point GmbH merely assists with or arranges services provided by authorities, insurers, registration services, freight forwarders or other independent third parties, it is not liable for circumstances caused exclusively by the respective third party and for which Next Point GmbH is not responsible.

1. Where a vehicle purchase is concluded in person at the business premises of Next Point GmbH, there is no voluntary general right of return, exchange or withdrawal.

2. A voluntary return will be accepted only on the basis of an express individual agreement with Next Point GmbH.

3. Mandatory statutory rights of the buyer, in particular statutory rights in respect of defects and any statutory right of withdrawal that exists in specifically regulated cases, remain unaffected.

1. Making contact, transmitting vehicle data, sending documents, communicating by email, WhatsApp or telephone, and submitting a reservation request do not by themselves constitute the conclusion of a vehicle purchase contract.

2. Vehicle purchase contracts with consumers are generally concluded after the vehicle has been inspected at the business premises of Next Point GmbH. The inspection and conclusion of the contract may also be carried out by a representative duly authorised by the buyer. Next Point GmbH may require proof of the representative's authority and identity.

3. The prior sending of a draft purchase contract, vehicle documents, images, videos or other information generally serves to prepare for the conclusion of the contract.

4. If, in an individual case, a consumer contract is nevertheless concluded exclusively by means of distance communication and the statutory requirements for a distance contract are met, the mandatory statutory provisions applicable to such contracts apply.

5. Communication by means of distance communication does not grant a voluntary right of return or exchange.

1. Test drives require the prior consent of Next Point GmbH.

2. A test drive requires, in particular, proof of identity and a driving licence valid for the vehicle.

3. Further conditions, in particular concerning duration, permitted driving area, liability during the test drive and return of the vehicle, may be regulated in a separate test-drive agreement.

4. The processing of personal data in connection with test drives is governed by the statutory data-protection provisions and the Privacy Policy of Next Point GmbH.

1. Next Point GmbH has unlimited liability for intent and gross negligence, for culpable injury to life, body or health, for fraudulent concealment of a defect, to the extent of an expressly assumed guarantee, and on the basis of mandatory statutory liability provisions, in particular the German Product Liability Act.

2. In the event of a slightly negligent breach of a material contractual obligation, Next Point GmbH is liable only for the damage typical for the contract and foreseeable at the time the contract was concluded, to the extent permitted by law.

3. Material contractual obligations are obligations whose fulfilment is essential to the proper performance of the contract and on compliance with which the contracting party may regularly rely.

4. Otherwise, liability for damage caused by slight negligence is excluded to the extent permitted by law.

5. The above limitations of liability apply correspondingly in favour of the legal representatives, employees and vicarious agents of Next Point GmbH.

6. Next Point GmbH is not liable for damage caused or contributed to after the transfer of risk, in particular by improper use, disregard of warning indicators, continued driving despite clearly recognisable serious technical faults, improper repairs or modifications, tuning, unsuitable operating fluids, overloading or failure to observe maintenance intervals, insofar as the damage in question is not attributable to a defect or other breach of duty for which Next Point GmbH is responsible.

Information on the processing of personal data is provided in the separate Privacy Policy of Next Point GmbH.

Next Point GmbH is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board.

1. The law of the Federal Republic of Germany applies. For contracts with businesses, the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

2. For consumers whose habitual residence is outside Germany, the choice of law applies only insofar as it does not deprive the consumer of the protection of mandatory provisions that cannot be excluded by choice of law under the applicable rules of private international law.

3. If the buyer is a merchant, a legal entity under public law or a special fund under public law, Düsseldorf is agreed — to the extent permitted by law — as the place of jurisdiction for disputes arising from the contractual relationship.

4. In relation to consumers, the statutory rules on jurisdiction apply.

1. Individual agreements and expressly agreed characteristics take precedence over these Terms.

2. If individual provisions of these Terms are wholly or partly invalid or are not validly incorporated into a contract, the validity of the remaining provisions remains unaffected.

3. Invalid provisions or provisions not validly incorporated are replaced by the statutory provisions.