How to use BeBuNet : Rules
Using the marketplace
- 1. About the platform and these rules
- 2. Functions that support the conclusion of contracts in tender-like procedures.:
- 2.1 Free offering
- 2.2 Free tender procedure
- 2.3 Reverse auction
- 2.4 Auction
- 3 conclusion of contracts between the Users
- 4. Additional note
1. About the platform and these rules
The BeBuNet will support you as registered premium User to watch the beverage industry market, to use the platform to conclude contracts, to place binding bids on tendering procedures and auctions or to check without obligation, if other users are be interested in your services, demands or merchandise. A technical description, i.e. for how to initiate a certain procedure or to place a bid, you may find here. Please pay attention to the general terms and conditions of grieblmedia, that you will find here here.
These Rules can only be binding between grieblmedia and the User, but not directly between the Users. Although, these rules can help for the interpretation of contracts between the Users. All services of the platform are solely offered to professional users (entrepreneurs). .
2. Functions that support the conclusion of contracts in tender-like procedures.:
The BeBuNet offers the following functions to support contracting between the Users, whereas grieblmedia never will be a contractual-party itself, but will solely offer technical services to the Users.
2.1 Free offering
Users that are buyers or want to receive services or work can present their services on the marketplace using the “free offer” function of the network. Interested Users can get in contact with the initiator, using the communication-services of the platform. A free offering shall never be binding to any party.
2.2 Free tender procedure
in the following referred to as “Tender”): You can initiate a Tender, if you plan to conclude a contract as buyer or if you request services or work. You can either initiate the tender to get in contact and get information about potential business partners – which is not binding, or to conclude a contract. This depends on the description of your tender.
Interested business partners and/or bidders can use the internal communication services of the platform to get in contact with the initiator or to send him a non-binding offer or calculation.
The bidder is not obliged to enter into a binding contract with the initiator at the conditions he offered and the initiation is not obliged to enter into a contract with a certain bidder.
Contracts that will be offered by the User accordant to the “Free tender procedure” may be awarded during the term of the procedure to third parties. However the User is obliged only to initiate a Tender if the User actually plans to conclude a contract.
2.3 Reverse auction
Description
In a reverse auction,
the interested business partners can bid for a contract, whereas the lowest bid,
that is the lowest accepted price, shall be awarded the contract. The initiator
(buyer) is obliged to provide all necessary information regarding the contract
that shall be concluded. The Initiator can enter a starting price and choose
the term of the reverse auction.
As Initiator please be sure to describe your request for service, work or merchandise as detailed as possible, to ensure that a bidder will have all necessary information to calculate and place a binding bid. This includes the necessary information regarding the modalities, deadlines and terms and special terms and conditions.
Equally to the previous functions, the platform offers internal communication services that allow the User in a non-binding way, to get in contract with the Initiator for questions and negotiations. Potential bidders shall use these options to ask for all necessary information and missing details before placing a binding offer. This will reduce the risk of misunderstanding and miscalculation.
The bidder cannot claim to be awarded to the contract. Only if chosen by the initiator, a binding contract shall be concluded under the terms of the initiator and the offered price of the bidder.
Contracts that are offered by the initiator in a reverse auction may be awarded to third persons, even during the term of the reverse auction. However the User is obliged only to initiate a reverse auction if the User actually plans to conclude a correspondent contract.
Offer / bid
If the initiator (buyer)
starts a reverse auction, this shall be considered as simple invitation by
the initiator (buyer) to place a binding offer / bid upon this reverse auction.
The bidder (seller) shall be bound to his offer / bid during the term of the auction and the following 14 days after the term of the auction ends. The bidder cannot chance or delete a binding offer. After the term of a reverse auction has ended, all binding offers that exist at this moment shall be binding for 14 further days. As a general rule – a binding offer shall be considered as “offer” accordant to § 145 of the German Civil Code (BGB).
Acceptance
During the 14 days after
the term of the reverse auction, the initiator (buyer) can choose freely
if- and to which bidder (seller) he wants to award the contract. Particularly
the initiator is not obliged to choose the lowest offer.
The acceptance of a binding bid within this 14-day-period after a reverse auction shall – as general rule – be considered as “acceptances” accordant to § 147 of the German Civil Code (BGB).
2.4 Auction
Description
In an auction the bidders
(buyers) can bid for a service or merchandise, whereas the highest offered price
will be awarded the contract. The auction ends with the end of the term that has
been chosen by the initiator (seller). The initiator (seller) is obliged to
provide all necessary information regarding his offer, therefore all information
that is necessary to calculate and place a binding bid.
Equally to the previous functions, the platform offers internal communication services that allow the User in a non-binding way, to get in contract with the Initiator for questions and negotiations. Potential bidders shall use these options to ask for all necessary information and missing details before placing a binding offer.
Services, work and merchandise that are offered by the initiator in an auction must not be sold or offered outside the platform during the term of the auction, as a binding contract will be concluded at the end of the term.
Conclusion of contract
Accordant to the
judicature of the Bundesgerichtshof (German Federal Court of Justice)
internet-auctions shall be deemed as (purchase-)agreement with the highest
bid. The initiation of an auction shall be considered binding, just as the
bid upon such an auction. The contract will be concluded between the initiator
and the bidder, who has offered the highest price at the moment the term of the
auction ends. The bidder is obliged to payment in advance, unless other wisely agreed.
3 conclusion of contracts between the Users
3.1 The BeBuNet is a technical platform that supports the conclusion of contracts between the parties. The conclusion of contracts between the parties is governed by the general applicable principles of civil law regarding the conclusion of contracts. This is not necessarily the law of the Federal Republic of Germany.
3.2 The Users shall be obliged to provide clear information, whether an offer shall be considered binding, or if the User only wants ask for information or wants to place a non-binding initiation for an offer.
3.3 The Users shall be obliged to describe bids and offers as precisely as possible, including prices, modalities of offer and contract, modalities and times of delivery and service provision, if necessary a sufficient illustration with images, and if applicable including all terms and conditions of delivery or general terms and conditions of business.
3.4 grieblmedia wants to inform you, that certain merchandise, services and work are subject to special legal regulations, i.e. procurement laws, and further legal requirements may be applicable. The BeBuNet is a platform for open and not-regulated or restricted tender procedures. Please check, if the BeBuNet is suitable for your merchandise, service or work or procedure. It is not allowed to use the platform for services that would breach the law or that are against the accepted principles of morality because of the nature of the work, service, merchandise or procedure, or because for other reasons.
3.5 In the case of a breach against these rules, grieblmedia shall have the right to ban the respective User from the platform. grieblmedia´s right to claim compensation for damages shall remained unattended.
4. Additional note
4.1 Please consider, that your internet connection could be malfunctioning and that necessary maintenance works on the platform will lead to a non-availability of the platform from time to time. If you want to place a binding offer, this should not happen during the last moment of the term.
4.2 grieblmedia will inform all bidders and the initiator of a reverse-auction or auction about the results of the procedure.