Terms of service

1. SCOPE OF APPLICATION

The following Terms and Conditions apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity.

The following applies to businesses: If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only form part of the contract if we have expressly agreed to them.


2. CONTRACTING PARTY, CONCLUSION OF CONTRACT, CORRECTION OPTIONS

The purchase contract is concluded with Ecobusters GmbH.

By listing the products in the online shop, we are making a binding offer to conclude a contract for these items. You may initially add our products to your basket without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking the order button. Immediately after submitting the order, you will receive a confirmation by email.


3. CONTRACT LANGUAGE, STORAGE OF CONTRACT TEXT

The language(s) available for the conclusion of the contract: German, English, Dutch

We store the contract text and send you the order details and our Terms and Conditions in writing. For security reasons, the contract text is no longer accessible via the internet.


4. DELIVERY TERMS

In addition to the stated product prices, delivery charges may apply. Further details regarding any applicable delivery charges can be found in the product listings.

We deliver by post only. Unfortunately, it is not possible to collect the goods in person.

We do not deliver to parcel collection points.


5. PAYMENT

The following payment methods are generally available in our shop

  • Prepayment
  • Credit card
  • PayPal
  • Invoice & instalment purchase via Klarna

Prepayment
If you select the prepayment option, we will provide you with our bank details in a separate email and dispatch the goods once payment has been received.

Credit card You will enter your
credit card details during the ordering process. Your card will be charged immediately after the order is placed.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, log in using your credentials and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after you place your order. Further information will be provided during the ordering process.

Sofort by Klarna
To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, authenticate yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. Further details will be provided during the ordering process.

giropay
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main (“giropay”), we offer the giropay payment method.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is available to consumers only. Unless otherwise specified below, payment via Klarna is subject to a successful address and credit check and is made directly to Klarna. Further details are provided with the respective payment option and during the ordering process.

Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.


6. RIGHT OF WITHDRAWAL

You are entitled to the statutory right of withdrawal as described in the withdrawal policy.


7. RETENTION OF TITLE

The goods remain our property until full payment has been made. The following
also applies to business customers: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice sum, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.


8. TRANSPORT DAMAGE

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you will be helping us to assert our own claims against the carrier or the transport insurer.

For businesses: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment.


9. WARRANTY AND GUARANTEES

The manufacturer’s warranty applies to all products. Our products come with a standard 1-year warranty. Please refer to the product specifications for the relevant item.


9.1 LIABILITY FOR DEFECTS

Unless expressly agreed otherwise below, the statutory liability for defects applies.

The following limitations and shortened time limits do not apply to claims arising from damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty, as well as fraud
  • in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations)
  • within the scope of a warranty, where agreed, or
  • insofar as the scope of the Product Liability Act applies.

Limitations in relation to businesses

In relation to businesses, only our own specifications and the manufacturer’s product descriptions incorporated into the contract shall be deemed to constitute an agreement regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising claims. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.

Provisions applicable to merchants

In dealings between merchants, the duty to inspect and give notice of defects as set out in Section 377 of the German Commercial Code (HGB) applies. If you fail to give notice as required therein, the goods shall be deemed to have been approved, unless the defect was not apparent upon inspection. This shall not apply if we have fraudulently concealed a defect.


9.2 WARRANTIES AND CUSTOMER SERVICE

Information on any additional guarantees that may apply and their exact terms and conditions can be found with the relevant product and on specific information pages in the online shop.

Customer service: You can contact our customer service team with any questions, complaints or claims on weekdays from 9:00 am to 5:00 pm by email at info@ecobusters.de.


10. LIABILITY

We shall always be liable without limitation for claims arising from damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of warranty promises, where agreed, or
  • insofar as the scope of the Product Liability Act applies.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.


11. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

12. COMPETITION

12.1 Organiser

  • The organiser of the competition is Ecobusters GmbH, Wiesenstraße 15, 71263 Weil der Stadt.
  • Competitions held via an Ecobusters Meta Platforms fan page are in no way connected to Meta Platforms and are not sponsored, supported or organised by Meta Platforms in any way. The recipient of the information provided by participants is not Meta Platforms but Ecobusters. All questions, comments or complaints regarding a competition must be directed exclusively to Ecobusters. Participants may not make any claims against Meta Platforms in connection with their participation in a competition.

 

12.2 General

  • The organiser is running the “Voucher for Linking” competition (the “Competition”), in which participants can win a prize (the “Prize”) through their participation.
  • To enter, participants must post their purchase on Instagram and tag the @ecobustersde account.
  • The competition runs from 16 June 2023 (00:00) up to and including 31 October 2023 (00:00).
  • The winners will be selected after the competition has ended and notified via the official Instagram account @ecobustersde. Winners have 5 working days to respond. If no response is received by the deadline, the prize will be forfeited.
  • The organiser reserves the right to terminate or extend the competition at any time without prior notice and without giving reasons. This applies in particular if proper execution is not possible for technical reasons. In this case, participants have no claims against the organiser.
  • There is no guarantee and no cash alternative to the prize. Prize-related data will not be passed on to third parties and will be used solely for dispatch purposes.
  • After the expiry of the period specified in 12.2, the winners will be selected from among all participants by an independent jury.

 

12.3 Prize

  • The prize is provided by the organiser.
  • Ten €150 Ecobusters vouchers for the online shop www.ecobusters.de will be awarded.

 

12.4 Participation

  • Eligible to enter the competition are natural persons who have reached the age of 18 and can provide proof of residence in the DACH region.
  • To enter, participants must post their purchase on Instagram and tag the @ecobustersde account (Story / Post). 
  • Participation via service providers specialising in competitions, competition clubs or automated entry methods, in particular competition computer programmes, is excluded.
  • Each participant may only enter the competition with one account.
  • Each participant may enter the competition with as many images as they wish during the competition period.
  • If there is any suspicion of manipulation, false information or any other valid reason, the organiser is entitled to exclude the participant in question from taking part in the competition.
  • By entering the competition, the participant gives the following consent to the processing of personal data. This consent may be freely revoked by the participant at any time.

Should individual provisions or terms and conditions be or become invalid, the validity of the remaining terms and conditions shall remain unaffected. They shall be replaced by an appropriate provision that most closely corresponds to the purpose of the invalid provision. Legal recourse is excluded.


13. FINAL PROVISIONS

If you are a business, German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.