Terms and conditions for paintwork and vehicle repairs
Levara GmbH, trading under the Glossery brand
These terms cover vehicle paintwork, accident repairs and surface coating services. They apply insofar as they are validly incorporated when the contract is concluded. Individual agreements take precedence.
1 Contracting party and scope
1.1 Your contracting party is Levara GmbH, Herrenlandstraße 31–35, 78315 Radolfzell am Bodensee, Germany. Glossery is a brand of Levara GmbH, not a separate company. Contact us on +49 7732 9572795 or at info@glossery.de.
1.2 These terms apply to paintwork, repair and coating services we undertake on vehicles and vehicle parts for consumers and businesses. The order specifies the services commissioned. Separate sales of goods and the use of Glossery Studio alone are not covered by these terms.
2 Orders and scope of work
2.1 Before work begins, we agree the work, the parts and surfaces involved and your chosen specification. A contract is formed by a corresponding order and acceptance. Orders may be agreed at the workshop, by telephone or by email. A non-binding enquiry, inspection appointment or look saved in the configurator is not a paid order.
2.2 We document the agreed scope and recommend recording changes in text form, for example by email. Individual agreements remain valid regardless of their form unless the law requires a particular form.
2.3 We carry out additional work only with your consent. If further damage becomes apparent during dismantling or preparation, we inform you of the necessary work, expected additional costs and possible changes to the schedule. We do not begin that additional work without approval. Statutory powers to avert imminent damage remain unaffected.
3 Prices and estimates
3.1 The agreed remuneration applies. Prices quoted to consumers include statutory VAT. Net prices plus expressly stated VAT may be agreed with businesses. An expressly agreed fixed price is binding for the agreed scope of work.
3.2 An estimate is an assessment of expected costs, not a fixed price, unless expressly agreed otherwise. We inform you without delay if a substantial overrun becomes foreseeable. Your statutory rights in that event remain unaffected. Additional costs are not automatically approved up to any set percentage.
3.3 We charge for preparing an estimate only if this has been separately agreed beforehand. The scope and pricing basis for paid diagnosis, dismantling or inspection work are agreed before it is commissioned.
4 Vehicle condition and your cooperation
4.1 Please tell us about known prior damage, repairs, resprays, coatings, sealants and other relevant vehicle characteristics. For leased vehicles or vehicles owned by someone else, authority to commission the planned work must be established.
4.2 At handover, we may record the condition, visible prior damage, mileage, keys and parts supplied. This record does not limit statutory claims or declare that no other damage exists.
4.3 Hidden substrate defects, corrosion or unsuitable earlier coatings may require further preparation. We discuss identified risks and necessary measures with you. Our duties of inspection, advice and professional care, and our liability, remain unaffected. Prior damage does not justify a blanket exclusion of statutory defect rights.
5 Colour and specification
5.1 The colour, surface finish and special effects are agreed for each order. For custom colours or effect coatings, we recommend approval using a physical sample under suitable lighting. Any necessary blending into adjoining surfaces is agreed with you.
5.2 Photographs, screen previews and Glossery Studio provide guidance. They do not replace an agreed physical colour sample. Lighting, viewing angle and the condition of existing paint affect perceived colour. Whether a difference constitutes a defect depends on the agreed characteristics and statutory requirements. Colour approval does not exclude defect claims as a whole.
6 Curing and care
6.1 The order specifies the surfaces, colour and finish. A guarantee beyond statutory defect rights arises only through a separate, express guarantee declaration.
6.2 You receive the curing, cleaning and care instructions needed for the paintwork or coating applied. Specific waiting periods and care requirements depend on the system used; these terms do not set general periods.
6.3 Damage caused by external influences or unsuitable treatment is distinguished from defects in our work. Statutory requirements and the statutory burden of proof remain unchanged. Failure to follow care instructions does not automatically remove all defect rights.
7 Scheduling and performance
7.1 Completion dates are agreed for each order. We state whether a date is binding or an estimated completion date. If a delay becomes foreseeable, we inform you and discuss how to proceed. Statutory rights in the event of delay remain unaffected.
7.2 Necessary movements on our premises and necessary inspection or test drives are permitted within the scope of the order. Further use or transport requires separate agreement. We perform the work with the professional care required.
8 Insurance claims and assessors
8.1 For insurance claims, we may assist with technical documentation and billing insofar as agreed and legally permitted. The relevant parties determine coverage, liability and reimbursement. We do not give a blanket assurance that an insurer will cover all costs.
8.2 Your own payment obligations arise from the order and any separate billing, assignment or cost-coverage agreement. Unless otherwise agreed, payment for the commissioned work is independent of reimbursement by third parties. Binding individual commitments regarding cost coverage take precedence.
8.3 We agree separately with you on commissioning an independent assessor and any related costs. Agreeing to these terms alone does not commission an assessor or legal representative.
9 Acceptance and collection
9.1 We notify you when work is complete and arrange handover. You may inspect the agreed work. Statutory rules govern acceptance. Acceptance may not be refused because of minor defects.
9.2 Deemed acceptance occurs only where statutory conditions are met. For consumers, the separate notice in text form required by law must in particular be provided. These terms do not replace that notice.
9.3 Please collect the vehicle at the agreed time. Consequences of late collection depend on separate agreements and statutory conditions. These terms do not impose a flat storage fee or an automatic right to dispose of the vehicle.
10 Payment and security rights
10.1 Depending on the order, payment on collection, a deposit and/or payment by invoice may be agreed. The payment method, due date and any credit period are specified in the individual order. If a deposit is agreed, its amount and due date are recorded before the contract is concluded, and it is credited against the total price. In the absence of another payment agreement, remuneration becomes due upon acceptance under the statutory rules. An invoice alone does not change agreed payment terms.
10.2 Statutory rights to refuse or withhold an appropriate amount of payment, particularly for defects, remain unaffected. Statutory conditions and consequences apply to late payment.
10.3 Statutory lien and retention rights exist only where their respective conditions are met. These terms do not create an extended lien over leased vehicles or other third-party property, or a lien securing any unrelated claims.
11 Defect rights and liability
11.1 Statutory rights and limitation periods apply to defects. Please tell us about any concerns so we can inspect the work and provide the remedy required by law. This request is not a deadline excluding claims. Statutory rights to remedy defects yourself, reduce the price, rescind the contract or claim damages remain subject to their respective conditions.
11.2 We are liable for damage under the statutory rules. These terms contain no blanket exclusion of liability and do not shorten statutory defect limitation periods. A separate guarantee does not affect statutory defect rights.
12 Termination and withdrawal
12.1 You may terminate the contract for work before completion under the statutory rules. Settlement is governed by those rules, including the deduction of expenses saved. These terms contain no flat cancellation fee. The right to terminate for good cause remains unaffected.
12.2 Consumer contracts may carry statutory withdrawal rights, particularly for distance or off-premises contracts. Where required, we provide a separate withdrawal notice and model form. These terms are not a withdrawal notice and do not constitute blanket consent to early commencement or to expiry of the withdrawal right.
13 Dispute resolution and final provisions
13.1 We aim to resolve disagreements with you directly first. We are not legally obliged to participate in proceedings before a consumer dispute resolution body and do not undertake a general obligation to participate. We decide whether to participate after reviewing the individual case and will expressly confirm participation where appropriate. Statutory information duties after a dispute arises remain unaffected.
13.2 Statutory rules govern applicable law and jurisdiction. These terms do not establish exclusive jurisdiction against consumers. If a provision is ineffective, the consequences follow the law; it is not automatically replaced by a similar, more extensive provision.