Terms & conditions

§ 1 Scope

The following terms and conditions apply to all contracts entered into via the online shop at the URL https://www.bebepram.de between

Bebepram Deutschland
represented by the managing director: Beate von Liebenstein

Hinterhagstr. 55
71134 Aidlingen
Germany

Tel.: +49 (0) 1522 / 192 71 21
E-Mail: support@bebepram.de

Tax identification number (VAT): DE454476178

and the customer.

(1) Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs. A consumer is any natural person who completes a lawyer's business for purposes which can not be attributed to her professional or professional life. An entrepreneur is any natural or legal person or legal partnership that, in the course of a law degree, is acting in the exercise of its commercial or professional nature.

(2) The relations between the contracting parties are governed by the law in force in the Federal Republic of Germany. For consumers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

(3) The contract language is - unless otherwise agreed in writing - German.

(4) The contract text is stored by Bebepram Deutschland. The order data together with the terms of the contract, including these terms & conditions, will be sent to the customer separately in text form.

(5) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.

(6) If the customer of Bebepram Deutschland also uses terms & conditions, the contract is concluded without explicit agreement on the inclusion of the terms and conditions. As far as the different terms and conditions agree, they are deemed to be agreed. The contradictory individual regulations are replaced by the provisions of dispositive law. The same applies to the case that the terms and conditions of the customer of Bebepram Deutschland contain provisions that are not included in these terms and conditions. If the present terms and conditions contain provisions that are not contained in the terms and conditions of the customer of Bebepram Deutschland, the present terms and conditions shall apply exclusively.

(7) The terms & conditions also apply to future business transactions without the need for renewed express agreement.

§ 2 Conclusion of the contract in the online shop

(1) The products and services listed within the online shop do not constitute binding offers; it is rather an invitation to the customer to make a binding offer by placing an order; unless expressly stated to have a binding period of 6 weeks in written form.

(2) By submitting the order from the "virtual cart" the customer makes a binding order for the articles contained in this. The customer will be requested to verify the information and, if necessary, to confirm it before the final submission of a contract declaration. In case of any input errors, it is possible to jump back to the previous website via the function of the browser used to provide new information. The receipt of this order will be confirmed to Bebepram Deutschland immediately by e-mail.

(3) Bebepram Deutschland is entitled to accept the contract offer of the customer within 1 month from the delivery of the declaration, here after receipt of the order. The contract with the customer only comes about with the express acceptance of the order by Bebepram, whereby the express acceptance is the same as the delivery of the goods to the customer.

(4) Bebepam Deutschland assumes no procurement risk and reserves the right, in the event of incorrect or improper self-supply by subcontractors, to abandon the obligation to perform the contract. The responsibility of Bebepram Deutschland for intent or negligence after the liability rules have been respected. § 9 of these terms and conditions remains unaffected. In case of non-availability or partial availability of the service Bebepram Deutschland will inform the customer without delay; in the event of a recurrence, the consideration is immediately refunded to the customer.

§ 3 Prices

(1) The prices of Bebepram Deutschland are the prices stated in the written offers and order confirmations, unless otherwise stipulated below. The prices quoted by Bebepram Deutschland are final prices (gross prices) including the legal value added tax; however, in the case of cross-border delivery on a case-by-case basis, additional taxes (such as in the case of intra-Community acquisition) and / or duties (such as customs duties) may be payable by the customer.

(2) The prices of Bebepram Deutschland are quoted from the business of Bebepram Deutschland. The costs for the transfer and transmission to the customer are borne by the customer himself / herself.

§ 4 Delivery, Delay and Delay of Service

(1) The delivery of the articles takes place. Unless otherwise agreed with the customer – by mail to the delivery address provided by the customer. A pickup is possible; it is so far asked to agree on a collection date.

(2) The customer assures that he has given the correct and complete delivery address when placing his order. If the customer has stored incorrect address data and this should result in additional costs in the shipment – about recurring shipping costs – so has the customer to carry.

(3) Delivery dates or delivery times are only binding if they are confirmed in writing by Bebepram Deutschland. However, no delivery dates are specified in the written confirmation. If the customer requires preparatory actions to be carried out, the delivery period of Bebepram Deutschland will not commence until this action has been completed.

(4) Bebepram Deutschland is entitled to partial deliveries.

(5) In the event of delay of Bebepram Deutschland, the customer has a right of recession in accordance with the statutory provisions. However, the residual amount can only be waived if a grace period has been set up with a threat of refusal; this must be in writing and give at least a period of notice of 4 weeks. Bebepram Deutschland shall be liable in accordance with the statutory provisions, provided that the default and / or the delay of the service is based on a premeditated or grossly negligent breach of contract for which it, its agents or vicarious agents are responsible. In other cases of default and / or delayed performance, the liability of Bebepram Deutschland shall be limited to 10% of the value of the delivery, in addition to and instead of the service. Further claims of the purchaser are excluded. The above limitations do not apply to liability for injury to life, body or health.

(6) If Bebepram Deutschland's customer is in delay of acceptance, it may, at its reasonable discretion, set a new delivery period, taking into account its other delivery obligations. § 315 BGB.

(7) The risk of accidental loss and accidental deterioration of the goods sold shall be payable to the contractor for deliveries to the contractor or a person entitled to receive them, or in the case of a sale by consignment to a suitable transport person upon delivery of the goods , In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the goods sold always accrue to the consumer when the goods are handed over to the consumer. With regard to the assumption of risk, the transfer is the same if the customer is in default of acceptance.

(8) The customer shall support Bebepram Deutschland to the best of his ability, insofar as these claims are asserted against the respective transport company or a transport insurance company.

(9) Deliveries of goods are to be checked by the customer for any transportation damages. In the event of any identifiable transport damage, the customer undertakes to note this damage on the respective shipping documents and to have the deliverer acknowledge this; if the delivery is not refused, the packaging must be kept.

(10) If the (partial) loss or damage to the goods is not identifiable, the customer shall notify Bebepram Deutschland within 5 (five) days of delivery or at least within 7 (seven) days after delivery to inform carriers so as to ensure that any claims against the carrier are made in a timely manner.

(11) Any rights and claims of the customer; above all, the legal rights of the purchaser in the case of the (purchase) thing – stay away from the above regulations of § 4 (8) to § 4 para. 10 of these Terms and Conditions. Therefore, these do not include an exclusion period for the rights of the customer. § 8 of these terms.

§ 5 Payment terms

(1) Bebepram Deutschland accepts the payment methods requested on the respective website and selected by the customer. The customer chooses the preferred payment method among the available payment methods himself.

(2) Unless otherwise specified, invoices from Bebepram Deutschland are available for payment 10 (ten) days after date of invoice without deductions. From the 11th day after the invoice date arrears occur, without the need for a reminder by Bebepram Deutschland. The assertion of any further damage caused by default remains reserved to Bebepram Deutschland. Bebepram Deutschland is entitled to charge a fee of 5.00 EUR for each reminder.

(3) Partial deliveries can be billed separately.

(4) In the event of default of acceptance by the customer, the claim of Bebepram Deutschland shall become due irrespective of the outstanding delivery.

(5) If Bebepram Deutschland becomes aware of facts which raise doubts as to the customer's ability to pay, it may, by unilateral written declaration, declare all claims; also conditional, temporary, deferred, as well as those for which bills were given; ask for immediate payment. Likewise, Bebepram Deutschland may demand an agreed wholesale obligation by unilateral written declaration and advance payment or security deposit before provision of its service. If the customer does not comply with this requirement, it may, by written declaration, set a grace period of 2 weeks and, if unsuccessful, demand compensation for non-performance or terminate the contract.

(6) If the customer defaults on all payments, Bebepram Deutschland shall be entitled to withhold the deliveries from other orders of the customer. As far as the payment of the remaining amounts is then made, it is entitled to set a new delivery period at its reasonable discretion, taking into account its other delivery obligations. § 315 BGB.

§ 6 Offsetting, withholding

(1) A set-off against claims of Bebepram Deutschland is only permitted, as far as the counterclaim is not denied by her or legally determined.

(2) As far as the customer is a merchant, he has no rights of retention according to the § 273, § 320 BGB and § 369 HGB against Bebepram Deutschland.

§ 7 Written form

All agreements that include a modification, supplement or specification of these terms and conditions, as well as special assurances, warranties and agreements, must be made in writing. If they are explained by representatives or assistants of Bebepram Deutschland, they are only binding if Bebepram Deutschland hereby gives their written consent.

§ 8 Warranty, obligation to inspect and notify

(1) Customers are entitled to statutory property rights for the purchase of goods. As a customer, you therefore have the right, if you have any complaints, to assert rights of performance under the following provisions. Bebepram Deutschland does not give its own guarantees in principle; the mere presentation of the articles on the website must therefore be regarded as purely a description of services.

(2) If the purchased item is defective, the customer shall be entitled to supplementary performance after § if and to the extent that the requirements of the statutory provisions on the rights to defects exist as per $sect; 437 No. 1, 439 BGB.

(3) In the event of a fault from the buyer, Bebepram Deutschland will provide free of charge. The subsequent performance shall be carried out after the election of Bebepram Deutschland by elimination of defects or by a new delivery, if necessary. also of individual parts. The buyer is entitled to a new delivery if the removal of the money is not reasonable for him. The in § 437 No. 2 and No. 3 BGB, the client's rights in the event of fault remain unaffected by the provisions of these terms & conditions.

(4) Obvious defects must be reported by merchants within a period of two weeks from receipt of the goods via the contact information listed above; otherwise, assertion of the warranty claim is excluded. In order to respect the deadline, the timely dispatch of the defect notification is sufficient.

(5) Insofar as no or no deviating regulations are contained in these provisions on the prerequisites and consequences of non-performance, abatement and reductions, the statutory provisions shall apply.

§ 9 Liability

(1) If performance by default of Bebepram Deutschland due to failure or incorrect execution of proposals and advice made before or after conclusion of the contract or breach of other contractual secondary obligations by the buyer can not be compensated by the buyer, the exclusion of further claims by the Buyer remain by using the regulations in § 8.

(2) For those who have not arisen from the delivery item itself, Bebepram Deutschland – for whatever legal reasons, only

• at will,
• in the case of gross negligence of the institutions or senior staff,
• in the event of any culpable injury to life, body, health – in the case of maltreatment and other maladministration, which was fraudulently concealed,
• or in the case of defects whose absence is warranted, or insofar as there is a guarantee of the nature or another warranty has been given.

(3) In the event of culpable violation of essential contractual obligations, Bebepram Deutschland is also liable for non-executive employees in the event of negligence. In the case of liability for slight negligence, the liability is limited to the contractually typical, reasonably foreseeable damage.

(4) Further claims, in particular liability independent of fault, are excluded.

(5) Liability under product liability law remains unaffected.

§ 10 Jurisdiction

For all disputes concerning contractual relationships with Bebepram Deutschland, Böblingen is the place of jurisdiction.

§ 11 Place of fulfillment

Place of fulfillment for all claims and rights under contracts Bebepram Deutschland is Böblingen.

§ 12 Choice of law

The contract is subject exclusively to the law of the Federal Republic of Germany.

§ 13 Consumer arbitration

Bebepram Deutschland is in principle not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Severability clause

Should individual provisions be or become void or ineffective, this shall not affect the validity of all other provisions of the present terms & conditions as a whole.

Further information (Disposal)

according to VerpackV § 6, para. 1
licensed – ContractNr: 07389
Dual System Zenteck

“In accordance with the provisions of the Packaging Ordinance, we are obliged to take back packaging of our products that does not bear the sign of a system of full-scale disposal (such as the „Green Dot“ of Duales System Deutschland AG) and to ensure their reuse or disposal.

To further clarify the return, please contact us for such products. We will then give you a municipal collection point or a disposal company in your area that will accept the packaging free of charge. If this is not possible, you have the option to send the packaging to us. The packaging will be reused or disposed of in accordance with the provisions of the Packaging Ordinance.”