AGB

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

1. The following terms and conditions apply to contracts that you conclude with us as the provider (BIBEX GmbH) via the website bibex.de. Unless otherwise agreed, the inclusion of any terms of yours that may be used is expressly rejected.

2. A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

1. The subject of the contract is the sale of goods.

2. By listing the respective product on our website, we provide you with a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

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 access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
   • After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data, payment, and shipping conditions, the order data will be displayed as an order summary.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be directed to the order summary page in our online shop or to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order in the order summary. By submitting the order via the corresponding button ("order with payment obligation," "buy," "purchase now," "order for payment," "pay" or similar designation), you legally accept the offer, and the contract is concluded.

1. Your inquiries to create an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different period is stated in the respective offer).

2. The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place via email, partly automated. Therefore, you must ensure that the email address you provide to us is correct, that the receipt of emails is technically ensured, and, in particular, not prevented by SPAM filters.

§ 3 Special Agreements on Payment Methods Offered

1. Payment via SOFORT / Sofortüberweisung

When selecting the payment method Sofort / Sofortüberweisung, payment processing is carried out via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). To use the SOFORT payment method, you must have an online banking account enabled for this purpose. During the payment process, you must legitimize yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. Further information about SOFORT can be found at Klarna SOFORT.

1. Payment via "PayPal" / "PayPal Checkout"

When selecting a payment method offered via "PayPal" / "PayPal Checkout," payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed separately. Further information about "PayPal" can be found at PayPal Legal Hub.

§ 4 Right of Retention, Retention of Title

1. You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

2. The goods remain our property until full payment of the purchase price.

§ 5 Warranty

1. Statutory defect liability rights apply.

2. As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage upon delivery and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this will not affect your statutory warranty claims.

3. If a feature of the goods deviates from the objective requirements, the deviation is only deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed upon between the contractual parties.

§ 6 Choice of Law, Place of Performance, Jurisdiction

1. German law applies. In the case of consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorable principle).

2. The place of performance for all services arising from our business relationships and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is unknown at the time the action is brought. The power to also invoke the court at another statutory place of jurisdiction remains unaffected.

3. The provisions of the UN Sales Convention explicitly do not apply.

II. Customer Information

1. Identity of the Seller

BIBEX GmbH
Stolpmünder Str. 25d
22147 Hamburg, Germany
Phone: +49 (0)40 6085 7795
Email: shop@bibex.de

Alternative Dispute Resolution: The European Commission provides a platform for online dispute resolution (OS platform), accessible at Online Dispute Resolution.

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

1. Information on the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I).

1. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. The full text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After the order has been received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data within the framework of a binding offer in text form, e.g., by email, which you can print out or save electronically.

1. Essential Features of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

1. Prices and Payment Terms

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you unless free shipping has been promised.

5.3. You are responsible for any costs of money transfer (transfer or exchange rate fees of the credit institutions) in cases where the delivery is made to an EU member state, but the payment is initiated outside the European Union.

5.4. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise specified for the individual payment methods, payment claims from the concluded contract are due for payment immediately.

1. Delivery Conditions

6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment only passes to you upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

1. Legal Liability for Defects

The defect liability is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These GTC and customer information have been created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found at Händlerbund Services.

Last updated: 29.11.2022