Terms of Use

Terms of Use 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 (tesbihbid.com) via the website www.tesbihbid.com. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby objected to.

(2) Consumers within the meaning of the following provisions are any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their trade, business, or profession.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By placing the respective product on our website, we make 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 there at any time. After clicking on the Checkout button or Proceed to checkout (or similar designation) and entering your personal data as well as payment and shipping conditions, you will be shown the order data as an order overview.

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

Before submitting the order, you have the opportunity to review the information in the order overview once again, to change it (also via the back function of the Internet browser), or to cancel the order. By clicking on the appropriate button (place order, buy now, order with obligation to pay, pay now or similar designation), you place a legally binding order.

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

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must, therefore, 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 Right of Retention, Retention of Title

(1) You can only exercise a right of retention to the extent that it concerns claims from the same contractual relationship.

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

(3) If you are an entrepreneur, the following applies additionally:

a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before the transfer of ownership of the reserved goods, a pledge or chattel mortgage is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, we reserve the right to collect the claim ourselves if you do not meet your payment obligations properly.

c) In the case of a connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods upon delivery promptly for completeness, obvious defects, and transport damage and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed if you were informed about it before submitting the declaration of intent by us and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies additionally to the above warranty regulations:

a) Only our own information and the product description of the manufacturer are deemed to be agreed as the quality of the goods, not other advertising, public praise, and statements made by the manufacturer.

b) In the event of defects, we provide warranty at our discretion through rectification or replacement. If the defect rectification fails, you can demand a reduction in price or withdraw from the contract at your discretion. The rectification is deemed to have failed after the second unsuccessful attempt, unless something else results from the nature of the goods or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs resulting from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:

• for damages caused by us, our legal representatives, or vicarious agents through culpable injury to life, body, or health and for intentional or grossly negligent other damages;
• if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
• for items that have been used in accordance with their intended use for a building and have caused its defectiveness;
• for statutory recourse claims that you have against us in connection with warranty rights.

§ 5 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle).

(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office, insofar as 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 do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

1. Identity of the Seller

tesbihbid.com

Sonnenwall 28 47051 Duisburg Germany

Tel: 0049 (0) 176 931 581 74 Email: info@tesbihbid.com

Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which is accessible at https://ec.europa.eu/odr.

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on Conclusion of the Contract

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

3. Contract Language, Contract Text Storage

3.1. The language available for the conclusion of the contract is German.

3.2. The complete 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 print function of the browser. 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. In the case of inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Services

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

5. Prices and Payment Terms

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

5.2. The shipping costs incurred 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 order process, and are to be borne by you additionally, unless free delivery has been promised.

5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Conditions

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

6.2. If you are a consumer, the legal regulation applies that the risk of accidental loss and accidental deterioration of the sold item during shipment will only pass to you upon delivery of the goods, 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 to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your risk.

7. Legal Warranty Rights

The warranty is governed by the provisions “Warranty” in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund specializing in IT law and are continuously checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found here: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.