General Terms and Conditions for Use of the Website www.db-gebrauchtbus.de and www.db-usedbus.com
1. Sales Platform
1.1. Under the domains www.db-gebrauchtbus.de and www.db-usedbus.com DB Regio AG allows registered bidders to participate free of charge in the purchase of used vehicles.
1.2. The Vendors of the used vehicles are the regional bus companies of DB Regio AG and Arriva PLC.
1.3. The party responsible for the content of the information about the used vehicles placed in the online portal and for handling the Purchase Contract shall be the Vendor. The legal relationships arising from the sale of the used rail vehicles shall be between the Vendor and the Bidder.
2. Registration
2.1. Bidders must be natural or legal persons of unlimited legal capacity acting in their commercial or independent professional capacity. Consumers within the meaning of Section 13 German Civil Code (BGB) are excluded. Business status must be proven in the course of registration and proof must be renewed every two years.
2.2. In order to register, a freely chosen bidder name must be entered as well as the other data indicated by the input screen. The chosen bidder name must not infringe third-party rights, particularly brand names and trademarks, and shall not violate standards of public decency.
2.3. The information must be complete and true. Where details provided on registration change, the bidder is obliged to update them before making further use of the sales platform.
2.4. The bidder chooses a personal password on registration. This password is required in order to log into the dealer area of the website; it must be kept secret and must not be disclosed to third parties or otherwise made available.
2.5. There is no right to registration. DB Regio AG reserves the right to revoke registration and block bidders who breach the General Terms and Conditions or have breached them in the past. This also applies in the case of the improper use of the online portal and where the Vendor exercises its right of rescission under a purchase contract as a result of the bidder's conduct.
2.6. The bidder may request cancellation of its registration at any time.
2.7. By way of registration, the bidder consents to the regular receipt of an electronic newsletter with information about new calls for bids or those that are concluding. The bidder can object to the receipt of this newsletter at any time in its respective end-customer area of the website.
2.8. In order for the sales platform to function perfectly, the browser must allow cookies. If, following registration, the bidder wishes to disallow cookies, it can change the corresponding setting in its browser. However, this may restrict the use of the site.
2.9. Registration and subsequent log-in indicates acceptance of these General Terms and Conditions as amended from time to time. Any change to the General Terms and Conditions will be announced by way of a notice on the homepage of the online portal.
3. Selling Phase
3.1. The vehicles to be sold will be placed in the online portal by the respective Vendor and at the same time, the normal duration of the selling phase will be stipulated. At the time of placement, bidders who have already registered will be notified of the new sale offer automatically, provided they have consented to the receipt of a newsletter in their end-customer area of the website.
3.2. The vehicles to be sold will be offered by the Vendor at a starting price. The Vendor will also indicate whether this starting price is a minimum price. Where the starting price is shown as a minimum price, lower bids will not be considered. In addition, the Vendor will indicate whether bidders for the vehicle being offered can place several or only one bid each and whether the latest respective highest price is visible to all bidders on the bidding page of the website.
3.3. With respect to vehicles for which, during the selling phase, more than one bid per bidder can be submitted, the selling phase will be extended by two minutes in each case if another valid bid is placed during the last two minutes of the normal duration of the selling phase or within an extension period which has already taken effect.These final two minutes of the normal duration of the selling phase and any extension period shall be referred to hereinafter as the Hot-Bid Phase.
3.4. The bidder is aware that the regional bus companies of DB Regio AG and Arriva PLC are entitled to an option to purchase the vehicles being sold. The regional bus companies of DB Regio AG and Arriva PLC, which are participating in the selling phase, must exercise their option after conclusion of the selling phase.
3.5. The highest bid placed by a bidder on conclusion of the selling phase can be accepted by the Vendor following the failure of the said companies to exercise the option referred to in Clause 3.4.
3.6. In the event of acceptance of the bid, the bidder will be notified by email that its bid has been accepted. The bidder will also be informed once again of the selling arrangements by way of the email indicating acceptance of the bid. At the same time, the purchase contract will be sent to the bidder. In addition, the bidder will receive a separate invoice.
3.7. Insofar as the sale falls under intra-community supply and is tax exempt under Article 138 of Council Directive 2006/112/EC of 28 November 2006 (Germany: Section 4 No. 1 in conjunction with Section 6a Value Added Tax Act (UStG)), the bidder shall provide, together with the - tax free - purchase price, a deposit amounting to the respective statutory amount of value added tax. Where the sale is tax exempt, the bidder is obliged, to provide the Vendor with the necessary verification required under the respective national regulations (e.g. in Germany: a confirmation of receipt and a certificate of approval in the name of the bidder with the vehicle identification number). On receipt of these documents, the Vendor shall reimburse the bidder with the deposit.
3.8. The Vendor reserves the right to abandon the selling phase at any time and refuse incoming bids.
3.9. Where the selling phase ends at a time when access to the online portal is not possible for a reason for which DB Regio AG is not responsible, the selling process will be abandoned. Any acceptance of a bid which is incorrectly communicated by the system in this case shall be invalid.
3.10. The bidder undertakes to refrain from assigning rights under the purchase contract and from reselling the vehicles prior to receiving them.
3.11. The Vendor shall retain title to the vehicle until payment of the purchase price has been made in full. Following payment of the purchase price, the Vendor will send the bidder a pick-up authorisation. Collection of the vehicle is only possible on presentation of the valid pick-up authorisation.
4. Bidding
4.1. An automatic bidding system is used for vehicles for which more than one bid per bidder can be submitted during the selling phase.
4.2. The automatic bidding system allows the bidder to specify his personal maximum bid for the respective vehicle being offered for sale. The automatic bidding system will then submit bids in defined increments. These bids will depend on the current highest bid. They will only be as high as necessary in order for the bidder to remain the highest bidder or to reach a defined minimum price. The automatic bids are submitted only until the bidder's specified maximum bid is reached. The bidder may increase his specified maximum bid at any time prior to the end of the selling phase.
4.3. Where another bidder submits a bid that is higher than the bidder's specified maximum bid, the bidder will be notified of this so that, if necessary, he can increase his maximum bid. The same applies if the maximum bid of another bidder corresponds to that of the bidder but was submitted earlier. The earlier bid then has precedence over the later bid.
4.4. At no time are DB Regio AG, the respective Vendor or any of the other bidders able to see the bidder's specified maximum bid.
4.5. The level of the defined increments is indicated on the page where submission of bids takes place. The increments can be defined by the Vendor separately for the normal duration of the selling phase and for the Hot-Bid Phase. The increments determine the amount by which the bidder must increase his current maximum bid or outbid the current highest bid in order to submit a valid bid. As each bidder is free to choose the absolute level of his maximum bid, it is possible that the automatic bidding system will submit bids which exceed the current highest bid by less than the amount of the defined increment.
4.6. The automatic bidding system and the defined increments are available for calls for bids starting from 1 October 2014.
5. Exclusion of warranty and liability with regard to used vehicles
5.1. The used vehicles offered for sale are clearly indicated on the sales platform by way of a number (INT No.) and, where appropriate, specified in more detail by way of a description and a photograph. This information shall not constitute a specification of the condition of the goods by DB Regio AG or the Vendor. They do not include any assurance as to the availability or quality.
5.2. Claims for material defects are excluded. The exclusion does not cover claims for damages in respect of loss caused intentionally or with gross negligence or loss arising from death, personal injury or damage to health due to a negligent breach of duty.
6. Exclusion of Warranty and Liability with Regard to the Sales Platform
6.1. The sales platform is provided by DB Regio AG without any guarantee. The bidder shall bear the risk involved in using the internet. In particular, DB Regio AG excludes all liability for the following:
- incompatibility of the website with the bidder's equipment, software or telecommunications connection;
- technical problems including unintentional errors and interruptions on this website.
6.2. The bidder agrees that it will refrain from using any robots, web crawlers, scrapers or other automatic tools in order to gain access to the website, for whatever purpose, without the express written consent of DB Regio AG. In addition, it agrees to refrain from the following acts:
- acts which overload or could overload the infrastructure of the website without justification or to a greater extent than normal;
- copying, reproducing, modifying, distributing or publicly presenting content from the website as well as producing works based thereon, other than for the bidder's own use, without the prior express and written permission of DB Regio AG;
- disrupting or attempting to disrupt the ordinary functioning of the website or any activities which take place on the website - this includes, in particular, manipulation of the price of the vehicles which are for sale and manipulation of bids placed by other bidders;
- and circumventing the measures taken to protect against viruses and other measures used by DB Regio AG in order to prevent or restrict access to the website.
7. Transfer of Risk; Collection
7.1. All purchased vehicles must, in principle, be collected from the designated collection point. Bidder and Vendor will draw up a joint handover protocol indicating the date and time of collection.
7.2. Shipping at the bidder's expense, including outside the country in which the Vendor's collection point is located, is only possible following consultation with the respective Vendor. In addition to the shipping costs and a separately agreed processing fee, the bidder shall, in this case, also bear the transport risk as from the designated collection point.
7.3. The risk of accidental destruction or deterioration shall pass to the bidder as soon as the Vendor has placed the goods at the bidder's disposal at the designated collection point.
7.4. On collection, the bidder or its authorised collecting agent shall provide proof of identity to the Vendor by way of a valid identity card or passport as well as the pick-up authorisation with which it has been issued.
8. Data Protection
8.1. Personal data shall be handled in accordance with the relevant statutory provisions, particularly the Federal Data Protection Act.
8.2. Personal data are collected and stored on registration in accordance with Clause 2.2. The data will be used exclusively for the purpose of this sales platform.
8.3. In the cases referred to under Clauses 2.5 and 2.6 (Cancellation and revocation of registration) deletion of the stored data shall take place as soon as they are no longer required for the purpose of winding up existing legal relationships, otherwise no later than on expiry of the year following the revocation or request for cancellation.
8.4. The office responsible within the meaning of the Federal Data Protection Act is DB Regio AG, Sparte Bus, P.RSP2 (F), Feldstraße 9, 64331 Weiterstadt.
9. General and Compliance Clause
9.1. These Terms and Conditions shall apply exclusively. Where the bidder's own conditions contradict, supplement or diverge from these conditions, they shall only form part of this Contract where the Vendor expressly recognises this in writing. This also applies to terms and conditions referred to in bids, order confirmations or other confirmations from the bidder. The acceptance of payments or securities shall not constitute any acceptance of the bidder's terms and conditions. These terms and conditions shall also apply where the Contract with the bidder is executed, without reservation, in the knowledge that the bidder's terms and conditions contradict, supplement or diverge from these conditions.
9.2. The bidder undertakes and guarantees that, in fulfilling its contractual obligations or in connection with its contractual obligations to the Vendor, it (and its agents, staff or other persons acting on its behalf) will comply with all applicable laws, regulations, directives and other legal provisions, including but not restricted to anti-corruption legislation ('Applicable Law').
9.3. Insofar as there is reason to suspect that the bidder is in breach of the obligations and guarantees under Clause 9.2, the bidder will notify the Vendor of this, in writing, without delay and cooperate with the Vendor, fully and in good faith, in order to determine whether such a breach has taken place.
9.4. Where the bidder is in material breach of the obligations and guarantees referred to under Clause 9.2, the Vendor shall have the right of rescission. This must be effected in writing. A material breach within the meaning of Clause 9.2 includes, in particular, criminal violations.
9.5. For the purpose of allowing the establishment and arrangement of a lawful business relationship, Vendor and bidder give mutual consent to the regular examination of their data in accordance with the current sanction lists under EC Regulation 2580/2001 and EC-Regulation 881/2002 (Anti-terrorism Regulations), as amended from time to time, and other national and international embargo and trade control regulations. In this regard, they will comply with all relevant data protection provisions, particularly relating to data minimisation and data security.
9.6. The bidder declares that neither its company nor its staff are listed on one of the aforementioned sanction lists. The bidder undertakes to ensure, by way of suitable measures, that the Anti-terror Regulations and other national and international embargo and trade control regulations are implemented in its company's business operations. The bidder further undertakes to notify the Vendor in writing, without delay, of any positive results found during the examination of the aforesaid sanction lists.
10. Changes to the Terms and Conditions
DB Regio AG can change these General Terms and Conditions at any time and without giving reasons. Notification of changes will be made prior to their entry into force.
11. Choice of Law and Language
The legal relations between Vendor and bidder shall be subject to the law applicable in the place where the Vendor is located to the exclusion of the UN Convention on the International Sale of Goods and shall be interpreted according to a German understanding of the law. The attached English version is for information purposes only. In case of variations between the German and English versions, only the German version shall apply.