KAMUX Terms and conditions for orders and purchases of 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 orders and purchases for used vehicles for consumers ("General Terms and Conditions"). A consumer customer means a natural person who purchases a vehicle mainly for purposes other than their trade or business.

In the case of a distance selling contract, in addition to the General Terms and Conditions, the terms and conditions for distance selling used vehicles for consumers ("Distance Selling Terms") shall apply. The Distance Selling Terms can be found in the Online Store at www.kamux.de/remote-buying-terms-and-conditions. The Customer undertakes to comply with the General Terms and Conditions in force at the time of the sale. The General Terms and Conditions do not supersede individual conditions expressly agreed upon by the parties.

2. Customer's personal and credit information

The Seller has the right to check the Customer's personal data. When establishing credit relations, the Seller has the right to obtain the necessary credit information in accordance with the Credit Information Act (527/2007). The Customer must notify the Seller without delay of any changes to their contact information.

3. The object of the sale

The object of sale is a used vehicle. The vehicle is sold in the condition and equipped as it is at the time of delivery. The Customer is obliged to inspect the vehicle carefully before it is put into service and to check that the vehicle corresponds to the information provided at the time of the sale.

Upon delivery of the vehicle, the Seller shall provide the Customer with the operating instructions and any known maintenance information accompanying the vehicle in written or electronic form.

4. Vehicle reservation and reservation fee

The Customer may reserve a vehicle offered by the Seller for purchase by paying the Seller the applicable reservation fee. Unless otherwise agreed between the Customer and the Seller, the vehicle is kept reserved for the Customer for three (3) days. The Seller will not sell the reserved vehicle to any third party during the reservation period. The Customer must inspect the vehicle and/or agree on the purchase during the reservation. If the Customer purchases the reserved vehicle during the reservation, or another vehicle from the Seller, the reservation fee will be deducted from the purchase price. If the Customer does not purchase the reserved vehicle or another vehicle from the Seller during the reservation period, the reservation fee will not be refunded to the Customer at the end of the reservation period, unless the reserved vehicle significantly differs from the information provided by the Seller to the Customer before the reservation was made. The Seller reserves the right to restrict the making of reservations in case of suspicion of abuse.

5. Time of delivery and delay

Unless otherwise agreed, delivery of the vehicle will occur at a store of the Seller. The vehicle will be delivered at the agreed time and, if no delivery time has been agreed, delivery must take place no later than 30 days after the conclusion of the contract or when the Customer has paid the purchase price. The Customer must receive the vehicle at the agreed time or, if no time has been agreed, at the latest when the vehicle is due to be delivered by the Seller. The Seller may terminate the contract if the Customer fails to receive the vehicle within a further two (2) week extension of time.

If the delivery of the vehicle is delayed due to a reason attributable to the Seller, the Customer has the right to terminate the contract if the vehicle is not delivered within a reasonable additional period agreed between the parties. The Customer shall be entitled to terminate the contract without the additional time period, other than in respect of the orders referred to in Clause 7. Special Orders, if the Seller's delay is of material importance to the Customer and the Customer has notified the Seller thereof before the conclusion of the contract. However, the Seller is not obliged to deliver the vehicle in the event of force majeure, such as strike or industrial action, state of emergency, war, major disruption of the telecommunications or electricity network, natural disaster, terrorist attack, coercive measure by a public authority, other legal action or other exceptional circumstances. If the obstacle to the delivery ceases to exist within a reasonable time, the Customer has the right to demand that the Seller delivers the vehicle. The Customer must present their claim to the Seller within two (2) weeks of the date on which the Customer became aware of the cessation of the obstacle.

6. Non-compliance by the customer

If the Customer terminates the contract without legal grounds before the vehicle is delivered to the Customer or if the Seller is released from their obligation in accordance with Section 5. Time of delivery and delay, the Seller is entitled to claim damages of ten (10) per cent of the cash price of the vehicle in accordance with the contract, provided that the cash price does not exceed EUR 4,200. For the part of the purchase price exceeding this amount, the Seller is entitled to claim damages of three (3) per cent. However, the compensation may be adjusted if the reason for the termination of the contract is a payment problem due to the Customer's illness, unemployment or other special circumstances which are not primarily attributable to the Customer. The Customer must provide proof of the bar to performance.

7. Special orders

If the object of sale is a vehicle that the Seller cannot use without significant financial losses, for example because the ordered vehicle is not part of the Seller's normal sales range or the vehicle is acquired or equipped specifically according to the Customer's wishes and instructions, the Customer is entitled to terminate the contract due to the Seller's delay only if the delay substantially prevents the realisation of the purpose of the sale for the Customer. If the Customer cancels a special order without legal grounds before the vehicle is delivered to the Customer or if the Seller is released from its obligation towards the Customer in accordance with clause 5. Time of delivery and delay, the Seller is entitled to charge the Customer in accordance with clause 6. Non-compliance by the customer or the actual costs caused by the cancellation, if they exceed the amount of damages set out in clause 6. Non-compliance by the customer.

8. Payment arrangements

8.1. Payment methods

There are different payment methods, such as bank transfer via an online bank. The possible payment methods available at the time of order and purchase may vary and the Customer will be informed in advance of the payment methods offered. The Seller does not accept cash payments.

8.2. Purchase price

The Seller is only obliged to deliver the vehicle to the Customer when the agreed purchase price or part thereof agreed to be paid at the time of the delivery has been paid. The Seller has the right to charge part of the purchase price before the delivery of the vehicle, if an advance payment has been agreed by the parties. The Seller and the Customer may jointly agree, with the written consent of a financier of a replacement vehicle, that the Seller shall pay the remaining debt of the replacement vehicle to the financier, after which the remaining debt shall be deducted from the purchase price of the replacement vehicle. If the purchase price has not been paid at the time of delivery of the vehicle or at any other time agreed by the parties, but an hire purchase contract or a leasing contract is concluded for the vehicle, the terms of such subsequent contract shall apply to the extent that they differ from these terms. The Seller has the right to charge interest for late and overdue performance in accordance with the provisions of the Interest Act (633/1982). The purchase price stated in the contract includes VAT.

8.3. Taxation of imported cars

The Seller is responsible for paying the import tax. The purchase price includes the estimated import tax. The final amount of the tax will be determined in accordance with the Tax Administration's tax decision. The Seller provides the Customer with a proof of the final tax amount electronically upon receipt of the tax decision. If the estimated amount of import tax differs from the final tax decision, the total purchase price will not change.

9. Replacement vehicle

Unless otherwise agreed, the Customer shall deliver the replacement vehicle to the Seller at the latest upon receipt of the purchased vehicle. The Customer declares that the information provided regarding the replacement vehicle is correct and that the Customer is entitled to sell the vehicle. The replacement vehicle is delivered with the agreed equipment and in the condition in which it was at the time of the valuation. The Customer and the Seller will complete the vehicle purchase inspection form for the replacement vehicle, which will be attached to the sales contract. If the replacement vehicle has changed materially from what it was at the time of the inspection, the Seller has the right to reassess the replacement vehicle's compensation price.

10. Ownership

Ownership of the object of sale is transferred to the Customer and the Customer has the right to transfer the object of sale only after the purchase price has been paid in full and the Customer has fulfilled all other contractual obligations under the General Terms and Conditions.

11. Customer rights in case of lack of conformity and complaint

The Seller is responsible for the vehicle sold in accordance with the legislation in force in Finland at the time of sale. If a lack of conformity appears in the vehicle delivered which the Customer has not been informed of before the sale, the Customer has the right to demand that the Seller correct the lack of conformity. There is a lack of conformity in the vehicle if a part of the vehicle breaks prematurely considering its expected lifetime or the vehicle is otherwise in a worse condition than can reasonably be expected in view of its age, driving volume and other information provided by the Seller. A defect in the vehicle that is caused by an accident, normal wear and tear due to use, or due to the Customer using or servicing the vehicle in violation of the maintenance and/or user instructions given to the Customer, or otherwise failing to maintain or repairing the vehicle, is not considered to be a lack of conformity. The Customer must notify the lack of conformity to the Seller. The Seller has the right to investigate and correct the lack of conformity in the first instance, provided that this can be done within a reasonable time and without incurring costs or significant inconvenience to the Customer. However, the Seller shall not be obliged, at its expense, to correct a lack of conformity in the vehicle so as to bring the vehicle into a better condition or of greater value than it was immediately before the lack of conformity occurred. If the Seller repairs the vehicle in such circumstances, the Seller may charge the Customer a part of the cost of repair. If it is not possible to correct the lack of conformity, the Customer may claim a price reduction corresponding to the lack of conformity or a faultless vehicle to replace the vehicle, which was originally the object of sale. If the error is not minor, the Customer has the right to cancel the sale. In the event of cancellation, the Seller will charge the Customer for the benefit gained due to use of the vehicle by the Customer. Depending on the price of the vehicle, the benefit gained will be between 0,10-0,30 euros per kilometre driven while the vehicle is in the Customer's possession, as follows:

If the Seller inspects the vehicle and no lack of conformity is found, the Seller may charge the Customer a reasonable fee for the inspection of the lack of conformity. The Seller is also not liable for any additional damage that could have been prevented by the Customer after the lack of conformity occurred.

Further information on the Seller's liability for errors and instructions for filing a complaint, please visit: www.kamux.fi/reklamaatiot (for Finnish form) or www.kamux.de/reklamationsformular (for German form).

12. Inspection and registration

Unless otherwise agreed, the vehicle must be delivered to the Customer inspected and registered. Unless otherwise agreed, the Seller shall register the vehicle on behalf of and at the expense of the Customer. The Customer is aware that the insurance company which has insured the vehicle may charge the vehicle registration fee separately on the vehicle insurance premium invoice. If the vehicle is regularly used by someone other than the persons living in the Customer's household, the Customer must ensure that such user is also entered in the vehicle register as possessor. The Customer undertakes to inform the insurance company of the details of such users.

13. Insurance

The Customer is responsible for obtaining compulsory motor vehicle insurance for the vehicle and any other insurance required by the terms and conditions of the sale. The Seller and the Customer may agree that the Seller will arrange for the aforementioned insurance at the Customer's expense.

14. Taxes and other charges

The Seller is responsible for ensuring that taxes and other charges relating to the use of the vehicle already registered in Finland, which is the subject of the sale, have been paid until the time of delivery, including the date of delivery. The Customer is responsible for all taxes and charges relating to the vehicle and its use after the delivery of the vehicle. The Customer is responsible for ensuring that taxes and fees related to the replacement vehicle and its use have been paid until the time of delivery, including the date of delivery. If the Customer declares that they are entitled to a car tax refund and the Seller therefore does not collect the estimated car tax portion of the total price of the vehicle, the Customer shall immediately be obliged to pay the Seller the car tax portion plus agreed interest if the car tax is not refunded to the Seller.

15. Delivery of the vehicle and delivery fee

The Seller may offer to the Customer delivery of the vehicle to another store of the Seller or to another location agreed with the Customer. The Customer must pay the applicable delivery fee to the Seller and receive the vehicle at the agreed place at the agreed time. The Customer must pay the delivery fee for the agreed transport, regardless of whether the Customer is present to receive the vehicle. If the Customer does not receive the vehicle at the agreed place at the agreed time, any possible new transport will be agreed and charged separately. The Customer has no right of withdrawal from the delivery service under Chapter 6 of the Consumer Protection Act (38/1978) and the Distance Selling Terms.

16. Additional services

The Seller may offer additional services or hire purchase financing to the Customer in connection with the sale of vehicles. Such arrangements and the applicable terms and conditions shall be agreed separately.

17. Solidarity

If several Customers purchase a vehicle together, the Customers are jointly responsible for their obligations towards the Seller.

18. Processing of personal data

The Seller collects personal data from the customer relationship in order to fulfil its legal obligations, to implement the agreement and the preceding measures, to manage the customer relationship and for any other purposes described in the seller's privacy policy. The Seller processes personal data in accordance with applicable law and its own privacy policy. The Seller's privacy policy is described in more detail at www.kamux.com/tietosuojaseloste.

19. Dispute resolution

Any disputes between the parties will be settled primarily by negotiation between the parties. If no agreement can be reached through negotiation, the Customer may refer the matter to the Consumer Disputes Board www.kuluttajariita.fi/en/index/yhteystiedot.html. The Consumer Disputes Board will make recommendations for a solution and may decide not consider the case if the consumer has not first contacted the Consumer Advisory Services www.kkv.fi/en/consumer-affairs/consumer-advisory-services. If the dispute is resolved by a court, the action must be brought before the court of first instance of the Customer's place of residence, unless the Customer wishes to bring the case before the court of first instance of the Seller's place of residence. If the Customer is domiciled outside Finland, the dispute will be settled by the District Court of Helsinki.

20. Applicable law

The General Terms and Conditions, the Distance Selling Terms and the contracts and orders in accordance with them are governed by Finnish law, with the exception of its principles and regulations concerning the choice of law.

21. Contact Information

Kamux Oyj (business ID: 2442327-8)
Address: Parolantie 66 A, 13130 Hämeenlinna

You can contact Kamux at:

Finland: www.kamux.fi/yhteydenotto

Germany: https://www.kamux.de/kontakt