GTCs for Busch online store 

General Terms and Conditions (hereinafter »GTC«) as well as customer information of Busch GmbH & Co. KG (hereinafter »Seller« or »Busch«) for orders placed in our Busch online store www.busch-model.com/www.busch-modell.de


1  Scope of application

1.1 These General Terms and Conditions (hereinafter »GTC«) of Busch GmbH & Co. KG (hereinafter »Seller« or »Busch«) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter »Customer«) with the Seller with regard to the goods presented by the Seller in its online store. Any deviating terms and conditions of the Customer that are not expressly acknowledged by Busch in writing shall not apply to the contract.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. The General Terms and Conditions for companies (such as specialist dealers, resellers, etc.) can be found under INFORMATION (above).


2  Conclusion of contract

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The contract is concluded with:

Busch GmbH & Co. KG
Heidelberger Straße 26
D-68519 Viernheim, Germany

Telephone: +49 (0) 62 04 - 60 07 10
Fax: +49 (0) 62 04 - 60 07 19
E-mail: info@busch-model.com

Local court Darmstadt HRA-Nr. 61091
Personally liable company: Vallen GmbH, Viernheim
Local court Darmstadt HRB-Nr. 60272

2.3 Conclusion of a contract is only possible in German. Translations into other languages are for information purposes only. In the event of inconsistencies between the language versions, the German text shall take precedence.


3  Order/Application of the customer and Confirmation of receipt/Acceptance of the application by seller

3.1 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

3.2 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 by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

3.3 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online store before sending his 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 by providing the corresponding login data.

3.4 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this 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.


4  Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online store. Currently, the payment methods are available with »Paypal« and by prepayment.

4.4 If a payment method offered by PayPal is selected, the 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, which can be viewed at

https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

or - if the Customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, available at

https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.

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


5  Delivery and Shipping conditions

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.

5.2 If the 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. This shall not apply with regard to the costs for the consignment if the Customer effectively exercises its right of revocation. In the event that the Customer effectively exercises its right of revocation, the provision made in the Seller's revocation instructions shall apply to the costs of returning the goods.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the Customer only upon delivery of the goods to the Customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer, even in the case of consumers, as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment to carry out the shipment and the Seller has not previously named such person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.


6  Right of revocation and Cancellation policy

The following right of revocation shall apply to consumers:

6.1 Right of revocation
You may revoke your contractual declaration within 14 days without stating any reasons. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must send us (Busch GmbH & Co. KG, Heidelberger Straße 26, D-68519 Viernheim, Germany, Telephone: +49 (0) 62 04 - 60 07 10; Fax: +49 (0) 62 04 - 60 07 19; E-mail: info@busch-model.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. For this purpose, you can use the master revocation form shown under 6.4, which is, however, not mandatory. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation. To meet the deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

6.2 Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including shipping costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than within 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.

6.3 Special notes - Exclusion of the right of revocation
Pursuant to § 312g (2) of the German Civil Code (BGB), there shall be no right of revocation in the case of contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs or which can spoil quickly or whose expiry date would be quickly exceeded. Furthermore, a right of withdrawal does not apply to the delivery of audio or video recordings or computer software in a sealed package if the respective seal has been removed after delivery. Companies are generally not granted a voluntary right of withdrawal.

6.4 Master revocation form 
If you wish to revoke the contract, please fill out and return this form.

Revocation to:
Busch GmbH & Co. KG
Heidelberger Straße 26
D-68519 Viernheim, Germany
Fax: +49 (0) 62 04 - 60 07 19
E-mail: info@busch-model.com

I hereby revoke the contract I concluded for the purchase of the following goods (please complete):
 
Ordered on/received on (please delete as appropriate): __________________________

Name of consumer: __________________________

Address (street, house no.): __________________________

Address (postal code, city): __________________________

Signature (only in case of notification on paper): __________________________

Date: __________________________


7  Retention of title
If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.


8  Liability, Warranty

8.1 The Seller shall be liable for material defects in accordance with the statutory provisions applicable in this respect, in particular in accordance with §§ 434 et seq. of the German Civil Code (BGB). The liability of the Seller for slightly negligent breach of non-essential contractual obligations is excluded. In the event of a slightly negligent breach of material contractual obligations (in particular the obligation to deliver on time and free of defects), its liability shall be limited to the foreseeable damage typical for the contract.

8.2 In relation to entrepreneurs, the warranty period for goods delivered by Busch shall be 12 months, in deviation from the statutory warranty.

8.3 An additional warranty shall only exist for the goods delivered by Seller if this was expressly given in the shipping confirmation for the respective item.

8.4 The provisions of the Product Liability Act shall remain unaffected.


9  Information according to the Consumer Dispute Settlement Act (VSBG) and Information on online dispute settlement

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

9.2 The EU Commission provides a platform for online dispute settlement on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.


10  Final provisions

10.1 Contracts between Busch and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. This choice of law shall apply to consumers only to the extent that the protection granted to the Customer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.

10.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be exclusively the registered office of Busch (Viernheim). This shall also apply if the Customer does not have a general place of jurisdiction in Germany or the EU, or if the Customer's place of residence or habitual abode is unknown at the time the action is brought. Busch shall also be entitled to bring an action at the Customer's place of business.

10.3 Should individual or several clauses of this contract be or become invalid, the validity of the remaining clauses shall not be affected thereby. The invalid clauses, if any, shall be replaced by the statutory provisions. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.


Issued in September 2023