Our Terms and Conditions

This is a translation of the German original for your convenience. In the event of any discrepancy, the German version prevails.

The following right of withdrawal does not apply if the item you have ordered is intended for use in your own commercial or self-employed professional activity.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform

Alexander Maier GmbH - busbaer-shop
Beckstraße 3
D-69412 Eberbach, Germany
Telephone: +49 (0) 6271.919470
E-mail: Info@busbaer.de

by means of a clear declaration (for example a letter sent by post, or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory. You may also complete and submit the model withdrawal form or another clear declaration electronically on our website www.busbaer.de. If you make use of this option, we will send you confirmation of receipt of such a withdrawal without delay (for example by e-mail). To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs arising from your having chosen a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earlier.

You must send back or hand over the goods without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract, to

Alexander Maier GmbH - busbaer-shop
Beckstraße 3
D-69412 Eberbach, Germany
Telephone: +49 (0) 6271.919470
E-mail: Info@busbaer.de

The deadline is met if you send back the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You are only liable for any diminished value of the goods where that diminished value results from handling of the goods which is not necessary to establish their nature, characteristics and functioning.

Exceptions

Unless otherwise provided, there is no right of withdrawal in the case of contracts

1. for the supply of goods made to the customer’s specifications or clearly tailored to personal requirements, or which by their nature are not suitable for return, or which are liable to deteriorate rapidly, or whose expiry date would be exceeded,

2. for the supply of audio or video recordings or of software, where the delivered media have been unsealed by the consumer.

End of the withdrawal instructions

§ 1 General provisions, scope
These Terms and Conditions govern the contractual relationship between busbaer-shop and the natural and legal persons who use the internet offering or the eBay shop of busbaer-shop (hereinafter referred to as the buyer). The Terms and Conditions concern the use of the website busbaer-shop.de and all subdomains belonging to this domain, as well as our eBay offerings.

§ 2 Conclusion of contract
(1) Conclusion of contract for orders in our internet shop busbaer-shop.de

(a) Our offerings on the internet constitute a non-binding invitation to the buyer to order goods from us.

(b) By ordering the desired item on the internet, the buyer submits a binding offer to conclude a contract of sale.

(c) busbaer-shop is entitled to accept this offer within 3 days by sending an order confirmation. The order confirmation is transmitted by e-mail. If the period referred to in sentence 1 expires without result, the offer is deemed to have been rejected.

(2) Conclusion of contract for our eBay offerings

(a) Listing goods on eBay in an online auction or at a fixed price (Buy It Now option) constitutes a binding offer to conclude a contract for the listed item. This offer can be accepted only within the specified period by placing a bid. The offer is addressed to the buyer who places the highest bid during the term of the online auction and who fulfils any additional conditions specified in the listing (for example particular feedback criteria).

(b) The buyer accepts the offer by placing a bid on eBay. The bid lapses if another buyer places a higher bid during the term of the online auction. The official eBay time is decisive for measuring the term of the online auction.

(c) At the end of the specified term of the online auction, a contract is concluded with the buyer who placed the highest bid. In the case of a Buy It Now purchase, a contract for the acquisition of the offered goods is concluded at the fixed price specified in the option – irrespective of the expiry of the listing period and without an online auction being held – as soon as the buyer exercises that option. The option may be exercised by any buyer as long as no bid has yet been placed on the goods, or as long as further goods of the same type and quality are still being offered as part of a multiple-item listing.

§ 3 Payment, due date, default of payment
(1) Payment for the goods is made by advance payment and cash on delivery, by credit card, by direct debit, or on account. Payment by cash on delivery is possible only for shipments within Germany. We reserve the right to accept or exclude particular payment methods in individual cases.

(2) In the case of payment in advance, the customer undertakes to pay the purchase price without undue delay after conclusion of the contract. In the case of payment by cash on delivery, the customer undertakes to pay the purchase price upon delivery of the goods. In the case of payment on account, the customer undertakes to settle the invoice amount within 14 days of receipt of the goods. In the case of payment by direct debit, the amount is debited within one week of conclusion of the contract. In the case of payment by credit card, the amount is debited after dispatch of the goods.

(3) If the customer is in default of payment, he is responsible for any negligence during that period. He is also liable in respect of performance for accidental events, unless the damage would also have occurred had performance been rendered on time.

(4) Interest is payable on the purchase price during the period of default. The default interest rate is five percentage points above the base rate per annum. In the case of legal transactions in which a consumer is not involved, the interest rate is eight percentage points above the base rate.

(5) The assertion of further damages is not excluded.

§ 4 Delivery
(1) Delivery is made by dispatching the item to the address provided by the buyer. Where delivery against advance payment has been agreed, the delivery period is generally 10 working days after receipt of the purchase price, depending on the product selected. Otherwise the delivery period is generally 5 working days, depending on the product selected, after acceptance of the eBay offer or exercise of the Buy It Now option by the buyer, or from dispatch of the order confirmation. These details are non-binding unless otherwise agreed.

(2) The costs of dispatching the item amount to EUR depending on the product and are to be borne by the buyer. For deliveries abroad, unless otherwise stated, the price for packaging and dispatch is calculated separately by weight. If the buyer requests a particular method of dispatch involving higher costs, he must also bear those additional costs.

(3) If the buyer acquires the item for his commercial or professional activity, the risk of accidental loss and accidental deterioration of the item passes to him as soon as busbaer-shop has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch.

§ 5 Retention of title
The item remains the property of busbaer-shop until payment has been made in full. Prior to transfer of title, pledging, transfer by way of security, processing or alteration is not permitted without the express consent of busbaer-shop.

§ 6 Prices
(1) The price stated in each case for the item is the final price including any value added tax and further price components. The price does not include delivery and shipping costs.

(2) Upon the updating of the busbaer-shop.de web pages, all earlier prices and other information about the item become invalid. Prices stated within the framework of eBay offerings are excepted from this.

(3) Decisive for invoicing, insofar as the matter does not concern an offering on eBay, is the price at the time the buyer submits his offer.

§ 7 Rescission
(1) busbaer-shop is entitled to rescind the contract, including in respect of any part of the delivery or service still outstanding, if false information has been given about the buyer’s creditworthiness or if objective grounds have arisen regarding the buyer’s insolvency, for example the opening of insolvency proceedings over the buyer’s assets or the dismissal of such proceedings for want of assets to cover the costs. Before rescission, the buyer shall be given the opportunity to make an advance payment or to provide suitable security.

(2) Without prejudice to any claims for damages, in the event of partial rescission any partial performance already rendered shall be invoiced and paid for in accordance with the contract.

§ 8 Warranty
(1) busbaer-shop warrants that the item is free from defects upon handover. If the purpose of the purchase can be attributed neither to the buyer’s commercial nor to his self-employed professional activity, and if a material defect appears within six months of handover of the item, it is presumed that the item was already defective at the time of handover, unless this presumption is incompatible with the nature of the item or of the defect. If the material defect appears only after six months have elapsed, the buyer must prove that the material defect was already present at handover of the item.

(2) If the item is defective upon handover, the buyer has the right to demand, as subsequent performance and at his choice, the remedying of the defect or the delivery of an item free from defects. busbaer-shop reserves the right to refuse the type of subsequent performance chosen by the buyer if it is impossible or possible only at disproportionate cost. In that case the buyer’s claim is limited to the other type of subsequent performance; the right to refuse this as well, under the conditions of sentence 1, remains unaffected.

(3) If the purchase is a commercial transaction for both parties, the buyer must examine the item without undue delay after delivery, insofar as this is practicable in the ordinary course of business. If a defect appears, the buyer must notify busbaer-shop of it without undue delay. If he fails to give notice, the item is deemed to have been approved, unless the defect is one which was not apparent upon examination. If such a defect appears later, notice must be given without undue delay after its discovery; otherwise the item is deemed to have been approved in respect of that defect as well. These provisions do not apply where the defect was fraudulently concealed. Timely dispatch of the notice is sufficient to preserve the buyer’s rights.

(4) If busbaer-shop delivers an item free from defects for the purpose of subsequent performance, busbaer-shop may demand the return of the defective item from the buyer.

(5) Claims of the buyer on account of defects become time-barred after two years. In the case of the sale of used items, or where the purpose of the purchase can be attributed to the buyer’s commercial or self-employed professional activity, claims on account of defects become time-barred after one year.

(6) Damage caused by improper measures, or measures contrary to the contract, on the part of the buyer during installation, connection, operation or storage does not give rise to any claim against busbaer-shop. What constitutes impropriety and breach of contract is determined in particular by the specifications of the manufacturer of the goods supplied.

§ 9 Limitation of liability
(1) For damage other than that arising from injury to life, body or health, busbaer-shop is liable only insofar as such damage is based on intentional or grossly negligent conduct, or on the culpable breach of a material contractual obligation by busbaer-shop or its agents. Any liability for damages going beyond this is excluded. Claims arising from a guarantee given by busbaer-shop as to the condition of the item, and under the German Product Liability Act, remain unaffected by this.

(2) According to the current state of the art, data communication over the internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the availability of our internet shop at all times.

§ 10 Data protection
All personal data required to carry out the order is stored in machine-readable form and treated confidentially. The data necessary for processing an order, such as name and address, is passed on to the companies commissioned with the delivery of the item as part of carrying out the delivery.

§ 11 Place of jurisdiction
All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If the contracting parties are merchants, the court at the place of business of busbaer-shop has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. The same place of jurisdiction applies if the buyer has no general place of jurisdiction in Germany.

§ 12 Consumer dispute resolution
Our offerings are directed exclusively at business customers; we do not conclude contracts with consumers. We are therefore neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

§ 13 Severability clause
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the remaining provisions of these Terms and Conditions shall remain unaffected.

§ 14 Data protection
Insofar as we process personal data in connection with orders, Alexander Maier GmbH, 69412 Eberbach, Germany, is the controller within the meaning of the GDPR. The contact details of our data protection officer are available on our website under the menu item “Privacy”. In the event of an order, we collect your name, company, address, status as an entrepreneur and payment data in order to process the order pursuant to Art. 6 (1) (b) GDPR, as well as your e-mail address or telephone number for any queries.

Without these details we cannot process an order. We transmit the data you provide to payment services and shipping companies and store this data until the contractual relationship has been fully completed. Deletion takes place at the latest 10 years after completion of the last order. No transfer to a country outside the European Economic Area (EEA) takes place. You have the right to obtain information from us about the processing of your data. In individual cases you may have a right to rectification, erasure, objection or restriction of processing. You also have the right to have the data we have collected transferred to other bodies. If you take the view that data processing is being carried out unlawfully, you may lodge a complaint about this with the competent supervisory authority.