General Terms and Conditions

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Michael Winkler, trading under the name “bavarian bustart” (hereinafter referred to as the “Seller”), apply to all contracts for the supply of goods concluded between a consumer or an entrepreneur (hereinafter referred to as the “Customer”) and the Seller concerning the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For the purpose of these GTC, a consumer means any natural person who enters into a legal transaction for purposes which are predominantly outside his or her trade, business or profession.

1.3 For the purpose of these GTC, an entrepreneur means a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her trade, business or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve merely for the purpose of enabling the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the Seller’s online order form integrated into the online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days by:

sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or
requesting payment from the Customer after submission of the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer shall begin on the day following the date on which the Customer sends the offer and shall end at the expiry of the fifth day following the date of dispatch. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button completing the ordering process.

2.5 When selecting the payment method “Amazon Payments”, payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as “Amazon”), in accordance with the Amazon Payments Europe User Agreement available at
https://payments.amazon.de/help/201751590

If the Customer selects “Amazon Payments” during the online ordering process, by clicking the button completing the order process the Customer simultaneously authorises a payment instruction to Amazon. In this case, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer initiates the payment process by clicking the order completion button.

2.6 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. by e-mail, fax or letter) after submission of the order. No further access to the contract text is provided by the Seller. If the Customer has created a user account in the Seller’s online shop prior to placing the order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected user account using the appropriate login data.

2.7 Before submitting the binding order via the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct his entries at any time during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button completing the ordering process.

2.8 Different languages may be available for concluding the contract. The specific language options are displayed in the Seller’s online shop.

2.9 Order processing and contact are generally carried out by e-mail and automated order handling. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Detailed information on the right of withdrawal is provided in the Seller’s Withdrawal Policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices and include statutory value-added tax. Any additional delivery and shipping costs that may apply are specified separately in the respective product description.

4.2 The available payment methods will be communicated to the Customer in the Seller’s online shop.

4.3 If advance payment by bank transfer has been agreed, payment shall be due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If the Customer selects a payment method offered via the payment service provider “PayPal”, payment processing is carried out by PayPal, which may in turn make use of the services of third-party payment providers. If the Seller offers payment methods via PayPal under which the Seller provides goods or services in advance (e.g. purchase on account or payment by instalments), the Seller assigns his payment claim to PayPal or to the third-party payment provider commissioned by PayPal and specifically named to the Customer.

Before accepting the Seller’s declaration of assignment, PayPal or the third-party payment provider commissioned by PayPal shall perform a credit assessment using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative result of the credit assessment.

If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can be made with debt-discharging effect only to PayPal or to the third-party payment provider commissioned by PayPal.

However, even in the case of an assignment of claims, the Seller remains responsible for general Customer enquiries (e.g. regarding goods, delivery time, dispatch, returns, complaints, withdrawal declarations and refunds).

4.5 If the Customer selects credit card as the payment method, the invoice amount shall become due immediately upon conclusion of the contract. Processing of the credit card payment method is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz, Germany (www.secupay.ag), to whom the Seller assigns his payment claim.

secupay AG will collect the invoice amount from the credit card account specified by the Customer. In the case of an assignment, payment may only be made with debt-discharging effect to secupay AG. The credit card will be charged immediately after the Customer’s order has been dispatched in the online shop.

The Seller remains responsible even when using the credit card payment method via secupay AG for general Customer enquiries, such as returns, complaints, withdrawal declarations and refunds.

5) Delivery and Shipping Conditions

5.1 If the Seller offers delivery of the goods, such delivery shall be made to the delivery address specified by the Customer within the delivery area indicated by the Seller, unless otherwise agreed. The delivery address stated in the Seller’s order processing shall be decisive for the transaction. In deviation therefrom, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result thereof. This does not apply with regard to the costs of dispatch if the Customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal, the Seller’s provisions on return costs in the withdrawal policy shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder or the person or institution otherwise responsible for carrying out the shipment.

If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the goods sold shall generally not pass to the Customer until the goods are handed over to the Customer or to a person authorised to receive them.

Notwithstanding this, the risk of accidental loss or accidental deterioration of the goods sold shall also pass to the Customer, even if he is a consumer, as soon as the Seller has delivered the goods to the carrier, freight forwarder or other person or institution commissioned to carry out the shipment, if the Customer has instructed the carrier, freight forwarder or such other person or institution to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall apply only in the event that the Seller is not responsible for the non-delivery and that he has concluded a specific covering transaction with the supplier with due care.

The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer shall be informed immediately, and any consideration already paid shall be refunded without delay.

5.5 Self-collection of the goods is not possible for logistical reasons.

6) Retention of Title

If the Seller provides goods in advance, he retains ownership of the delivered goods until full payment of the purchase price owed has been received.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory rules on liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

the Seller has the right to choose the type of subsequent performance;
for new goods, the limitation period for claims for defects shall be one year from delivery of the goods;
for used goods, the rights and claims for defects are excluded;
the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and reductions of limitation periods do not apply:

to claims for damages and reimbursement of expenses by the Customer,
if the Seller has fraudulently concealed the defect,
to goods which have been used in accordance with their usual purpose for a building and have caused its defectiveness,
to any obligation of the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, any statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to examine the goods and to give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, he is kindly requested to report goods delivered with obvious transport damage to the carrier and to inform the Seller thereof. Failure to do so shall have no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses, as follows:

8.1 The Seller shall be liable without limitation on any legal ground:

in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
on the basis of a guarantee, insofar as nothing else is stipulated in this respect,
on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable, typical damage arising under the contract, unless unlimited liability applies pursuant to the preceding paragraph.
Material contractual obligations are those obligations which the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and upon the observance of which the Customer may regularly rely.

8.3 Any further liability of the Seller shall be excluded.

8.4 The above liability provisions shall also apply with regard to the Seller’s liability for his vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued by the Seller free of charge as part of promotional campaigns and with a specific validity period, which cannot be purchased by the Customer (hereinafter referred to as “promotional vouchers”), may only be redeemed in the Seller’s online shop and only within the specified period.

9.2 Certain products may be excluded from the voucher campaign, provided that such an exclusion is indicated in the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed prior to the completion of the ordering process. Subsequent offsetting is not possible.

9.4 Several promotional vouchers may be redeemed for a single order.

9.5 The value of the goods must at least equal the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to settle the difference.

9.7 The credit balance of a promotional voucher will not be paid out in cash, nor will it bear interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods paid for, in whole or in part, with the promotional voucher within the scope of his statutory right of withdrawal.

9.9 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Applicable Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11) Alternative Dispute Resolution

11.1 The European Commission provides an online dispute resolution platform, which can be accessed at the following link:
https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.