KAMUX Terms and conditions for distance selling used vehicles for consumers
1. Scope of application
Kamux Oyj (business ID: 2442327-8) (the "Seller") sells used vehicles and related products and services in its stores and on the Kamux.fi website (the "Online Store").Contracts between a consumer customer ("Customer") and the Seller are governed by the terms and conditions of order and purchase for used vehicles for consumers ("General Terms and Conditions"). In the case of a distance selling contract, in addition to the General Terms and Conditions, these terms and conditions for distance selling used vehicles for consumers ("Distance Selling Terms") shall apply.
A distance selling contract means a contract where the Customer and the Seller are not simultaneously physically present and the sale is concluded entirely via online service, e-mail, telephone and/or other means of remote communication. The criteria for a distance selling contract are not met and the Distance Selling Terms do not apply if the Customer and the Seller agree on the content of the contract in any way other than by means of distance communication. However, the Distance Selling Terms shall apply if the Customer and the Seller so agree. A consumer customer means a natural person who purchases a vehicle mainly for purposes other than their trade or business.
The General Terms and Conditions (the English version) can be found in the Online Store at www.kamux.de/buying-from-kamux. In the event of any conflict between the General Terms and Conditions and the Distance Selling Terms, the Distance Selling terms shall prevail. The General Terms and Conditions and the Distance Selling Terms do not supersede individual conditions expressly agreed to by the parties.
2. Ordering and order confirmation
The Customer undertakes to comply with the General Terms and Conditions and the Distance Selling Terms in force at the time of the sale.When the Customer places an order by means of distance communication, the Seller sends an order confirmation by e-mail, where the Customer can see the relevant information about their order, such as:
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General and technical data of the vehicle
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Total price
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Possible delivery costs
To receive an order confirmation, the Customer must have provided a correct and valid e-mail address when placing the order. The Customer is responsible for providing a correct e-mail address. The standard method of delivery of the vehicle is to collect it from the one of the Seller's stores. It is the Customer's responsibility to inspect the vehicle carefully before using it and to check that the vehicle corresponds to the information provided at the time of sale.
3. Payment arrangements for distance selling
In distance selling, payments to the Seller are made electronically by bank transfer via an online bank.For orders placed in the Online Store, the valid price is the price displayed in the Online Store for each product at the time of ordering. The Seller has the right not to sell the vehicle at the indicated price if there is a clear error in the price of the vehicle. The Seller may claim an error if the Customer should have understood that there was an error. The prices displayed in the online shop include the current rate of VAT.
4. Exercising the right of withdrawal
The Customer has the right to withdraw from a distance selling contract by notifying the Seller within 14 days of receiving the vehicle. If the Customer does not notify the Seller of the withdrawal within the 14-day period, the Customer loses their right of withdrawal. If the last day of the withdrawal period is a Saturday or a public holiday, the notification may still be made on the first working day following the last day of the withdrawal period. The Customer bears the burden of proof that the notification has been made within the aforementioned time limit.
To exercise the right of withdrawal, the Customer must notify the Seller of the withdrawal using the email address: remotesales@kamux.fi or by any other unambiguous means (for example, by post) to the address set forth in section 6. Contact Information of these Distance Selling Terms. To receive the confirmation, the Customer must have provided a correct and valid e-mail address at the time of the withdrawal. The Customer is responsible for providing a correct e-mail address.
The Customer must return the vehicle with all its equipment, keys and documents to the Seller's nearest store without delay and no later than 14 days from the date of the notice of withdrawal, unless otherwise agreed between the Customer and the Seller. The Customer shall bear the direct costs of returning the vehicle. Such costs include, but are not limited to, the cost of transporting the vehicle if the Customer does not drive or otherwise return the vehicle to a store of the Seller. The transportation costs are based on distance, with the initial cost being EUR 100 and, if the distance exceeds 50 kilometres, the Customer will pay EUR 0,50 for each kilometre exceeding 50 kilometres, in addition to the initial cost.
After the withdrawal notice, the Customer may not use the vehicle for any purpose other than returning the vehicle to the Seller.
If the vehicle has not yet been delivered and the Customer wishes to withdraw from the order before delivery, the Customer must immediately contact the Seller's store that sold him the vehicle or contact the Seller via the Online Store.
There is no right of withdrawal if the vehicle is modified or equipment is added at the express request of the Customer. If the Customer wishes to exercise the right of withdrawal in such a situation, the Customer must reimburse the Seller in full for the costs of the modifications.
5. Refund of the purchase price in the event of termination of a distance selling contract
When the Customer returns the vehicle, the Seller inspects and evaluates the condition of the vehicle, the kilometres accumulated in the vehicle and the completeness of the return. The vehicle and its equipment, keys and documents must be in the same condition at the time of return as when the vehicle was handed over to the Customer. The Customer shall be responsible for the received vehicle and shall ensure that the vehicle remains unaltered when the vehicle is in the Customer's possession.
The purchase price will be refunded to the Customer no later than 14 days after receipt of the withdrawal notice. However, the Seller has the right to withhold the return of the purchase price or any replacement vehicle until the vehicle and its equipment have been returned or until the Customer has provided proof that they have returned the vehicle and refunded any difference paid by the Seller for the replacement vehicle. The purchase price shall be refunded primarily by the payment method used by the Customer in the original transaction, unless the Customer has expressly consented to another payment method, and in any event at no cost to the Customer.
If the Customer has used a replacement vehicle as part of the payment and the replacement vehicle is still available for purchase from the Seller at the time of the purchase price refund, the replacement vehicle will be returned to the Customer. Any financing used for the replacement vehicle will not be available if the vehicle is returned. If the replacement vehicle is no longer available, the vehicle will not be returned to the Customer, but instead the refundable purchase price will include the value of the replacement vehicle at the time it was used as part of the payment for the vehicle being returned by the Customer.
If the Customer has chosen a delivery method other than collection from the store of the Seller when purchasing the vehicle, any delivery charge will not be refunded to the Customer.
If the vehicle to be returned is not in the same condition as at the time of purchase and/or the Customer does not return all documents, equipment and keys, an amount corresponding to the reduction in value of the vehicle and any costs incurred for the missing documents, equipment and keys will be reduced from the refundable purchase price. In the reduction in value are also considered the cleaning and washing costs incurred by the Seller for washing the vehicle if the vehicle is dirtier than would be expected as a result of the vehicle being delivered, tested and returned. Washing and cleaning costs are expected to be between EUR 40 and EUR 140 depending on the condition of the vehicle.
The Customer is responsible for any reduction in value of the vehicle due to use to the extent that the vehicle has been driven more than 100 kilometres while in the Customer's possession. The accumulation of kilometres shall be calculated from the moment the vehicle is handed over to the Customer and shall end when the Customer has handed the vehicle over to the Seller. The reduction in value due to use of the vehicle will be deducted from the refundable purchase price.
The Seller will charge the Customer for reduction in value due to use to the extent that the vehicle has been driven more than 100 kilometres as follows:
If the Customer has purchased the vehicle as a hire-purchase, the remaining credit will be deducted from the refundable purchase price.
If the Seller is unable to deduct costs and expenses mentioned in this Section 5. Refund of the purchase price in the event of termination of the distance selling contract from the part of the purchase price refunded to the Customer, the Seller shall charge them from the Customer separately.
If the Seller later discovers a defect in the vehicle returned by the Customer that occurred while the vehicle was in the Customer's possession, the Seller is entitled to charge the Customer an amount corresponding to the reduction in value of the vehicle due to the defect.
6. Contact
Kamux Oyj (business ID: 2442327-8)
Address: Parolantie 66 A, 13130 Hämeenlinna
Phone number: 09 8560 4000
E-mail address for termination of distance selling contract: remotesales@kamux.fi
You can contact Kamux at:
Germany: https://www.kamux.de/kontakt
Finland: www.kamux.fi/yhteydenotto
Contact details for Kamux stores can be found at:
Germany: www.kamux.de/stores
Finland: www.kamux.fi/stores
Sweden: www.kamux.se/stores