General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (bebob factory GmbH, Kufsteiner Str. 17a, 85521 Riemerling, Germany – Amtsgericht München, HRB 211224 – and our connected operational facilities), unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.

(2) We only offer our goods for sale if you are a natural person or legal entity or a partnership with legal capacity acting in the exercise of your commercial or independent professional activity when concluding the legal transaction (entrepreneur). A conclusion of a purchase contract with consumers is excluded.

§ 2 Formation of the Contract

(1) The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.

(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective offer.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store to the order overview page. Before sending the order, you have the opportunity to check all the information again, change (also via the “back” function of the Internet browser) or cancel the purchase. By sending the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) You can also make a binding contractual offer (order) by telephone, e-mail, fax or mail.The acceptance of the offer (and thus the conclusion of the contract) is made when ordering by telephone immediately or within 5 days at the latest by confirmation in text form (eg e-mail), in which you are confirmed the execution of the order or delivery of the goods (order confirmation).If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(5) Upon request, we will provide you with an individual offer, which will be sent to you in text form and to which we are bound for 5 days. You accept the offer with confirmation in text form.

(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Prices, Terms of Payment and Shipping Costs

(1) Die in den jeweiligen Angeboten angeführten Preise sowie die Versandkosten stellen Nettopreise dar. Sie beinhalten nicht die gesetzliche Mehrwertsteuer.

(2) Die anfallenden Versandkosten sind nicht im Kaufpreis enthalten, sie werden gesondert berechnet, soweit nicht die versandkostenfreie Lieferung zugesagt ist. Nähere Einzelheiten finden sich unter einer entsprechend bezeichneten Schaltfläche auf unserer Internetpräsenz oder im jeweiligen Angebot.

(3) Sie haben die unter einer entsprechend bezeichneten Schaltfläche auf unserer Internetpräsenz oder im jeweiligen Angebot ausgewiesenen Zahlungsmöglichkeiten. Soweit bei den einzelnen Zahlungsarten oder auf der Rechnung keine andere Zahlungsfrist angegeben ist, sind die Zahlungsansprüche aus dem geschlossenen Vertrag sofort zur Zahlung fällig. Der Abzug von Skonti ist nur zulässig, sofern im jeweiligen Angebot oder in der Rechnung ausdrücklich ausgewiesen.

§ 4 Delivery Conditions

(1) The prices stated in the respective offers as well as the shipping costs represent net prices. They do not include the statutory value added tax.

(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.

(3) Shipment shall be at your risk. If you so wish, the shipment will be made with appropriate transport insurance, whereby the costs arising from this are to be borne by you.

(4) Partial deliveries are permissible and can be invoiced by us independently, provided that you are not burdened with additional costs for shipping as a result.

§ 5 Warranty

(1) The warranty period is one year from delivery of the item. The shortening of the period shall not apply:

• culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
• in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;
• in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

(2) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

(3) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

§ 6 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.

(3) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale, we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right, however, to collect the claim ourselves.

(4) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

§ 7 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance as well as the place of jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.

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II. Customer Information

Identity of the Seller

bebob factory GmbH (office: Kufsteiner Straße 17a, 85521 Riemerling, Germany; operational facility: Höglwörther Str. 350, 81379 Munich, Germany); Phone: +49 (0)89 8563 485 0; E-Mail: info@bebob.de

Information on the Conclusion of the Contract

The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).

Contract Language, Contract Text Storage

3.1 The contractual language is German.

3.2 The complete text of the contract will not be stored by us. Before sending the order or the request, the contract data can be printed out or electronically saved via the print function of the browser.

These terms and conditions were created by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information about this at: http://www.haendlerbund.de/agb-service.

last update: 01.10. 2020

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