General terms and conditions for the online shop of Perfekt
1.scope of application
1.1 the following general terms and conditions apply to all business relations between PERFEKT, D-58739 Wickede (Ruhr) (hereinafter referred to as ‘’PERFEKT’’) and you as a customer (hereinafter also referred to as ‘’customer’’), which are initiated and processed via our online store (www.perfekt-pfannen.de). The general terms and conditions in their version valid at the time of the respective order are authoritative.
1.2. Individual agreements made between PERFEKT and the customer take precedence over these general terms and conditions. Conflicting or other general terms and conditions of the customer are expressly contradicted, unless PERFEKT expressly agrees to their validity in writing.
1.3. The range of goods in the online store is aimed exclusively at consumers as end buyers. PERFEKT therefore expressly reserves the right to offer and deliver goods to the customer only in quantities customary for households. For the purposes of these general terms and conditions, (i) a ‘’consumer’’ is any natural person who concludes the contract for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity and (ii) an ‘’entrepreneur’’ is a natural or legal person or a partnership with legal capacity that acts in the exercise of hic commercial or independent professional activity when concluding the contract.
1.4. The offer in the online store is currently directed exclusively at customers who have their usual place of residence in one of our delivery areas and can provide a delivery address there. Further delivery restrictions result from clause 4.
2. Conlusion of contract
2.1. The range of good offered by PERFEKT in the online shop is, with the exception of prepayment and PayPal, not a legally binding offer to conclude a purchase contract, but merely a non-binding online catalog for information about the rage of goods in the online shop and invitation to place an order. An order is bindingly triggered on the part of the customer when the electronic control panel (button) “buy now” is clicked by the customer in the “shopping cart” area at the end of the ordering process. Before clicking the “buy now” button, the previously entered data and the contents of the shopping cart can be changed at any time or the ordering process can be cancelled by leaving the online store. With the order, the customer submits a binding offer to PERFEKT to conclude a purchase contract. The order confirmation sent by PERFEKT to the customer by email does not represent an acceptance of the customer’s offer, but merely informs the customer that the order has been received by PERFEKT (confirmation of receipt). Except for the payment method prepayment and PayPal, the purchase contract is concluded by sending the ordered goods. PERFEKT informs the customer by email that the goods have been handed over to the logistics service provider (“shipping confirmation”). PERFEKT is entitled, but not obligated, to accept the customer’s contract offer within 14 days. If the customer selects the advance payment method, PERFEKT declares acceptance of the customer’s contract offer by sending the confirmation of receipt.
If the customer selects the payment method PayPal, the contract is already concluded by confirming the “buy now” button.
2.2 If individual products are already not available at the time of the customer’s order, PERFEKT reserves the right to reject the customer’s order. PERFEKT also reserves the right to withdraw from the obligation to perform if the ordered goods are not available after conclusion of the contract. PERFEKT will immediately inform the customer of this and immediately refund the payment made by the customer for the cancelled goods.
2.3 PERFEKT does not accept orders if the customer has not yet reached the age of 18 at the time of ordering the goods.
2.4 The contract language depends on the language offered to the customer in the online shop. PERFEKT reserves the right to send the customer the invoice and delivery bill in the respective national language, depending on the country of delivery.
3 Cancellation policy for consumers
3.1 As a consumer, the customer is entitled to a right of revocation in accordance with the following revocation policy:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must,
Kolping Str. 1
58739 Wickede (Ruhr)
phone: +49 23 77 – 805 33 42
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically here. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to PERFEKT, Remziye Inanli , Kolping Str. 1, 58739 Wickede (Ruhr) immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You shall bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.
End of the cancellation policy
3.2 According to § 312g BGB, the right of withdrawal does not apply, among other things, to
a) for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to personal needs and
b) for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery.
4 Delivery, Delivery Periods, Availability of Goods
4.1 Deliveries shall be made to the delivery address specified by the customer. A delivery is only made to an address within our delivery area. Details about PERFEKT’s delivery area can be found on the page “Shipping and Delivery”. PERFEKT reserves the right to make partial deliveries within the scope of what is reasonable for the customer. PERFEKT will inform the customer of this in the shipping confirmation.
4.2 PERFEKT will inform the customer of the delivery time during the order process. PERFEKT will inform the customer immediately of delivery delays due to force majeure or other reasons for which it is not responsible and inform the customer of a new delivery period that is reasonable according to the respective circumstances. If the goods cannot be delivered even within the new delivery period for reasons for which PERFEKT is not responsible, PERFEKT may withdraw from the contract in whole or in part. Any counter-performance already rendered by the customer will be refunded immediately. Insofar as the customer cannot reasonably be expected to accept the delivery as a result of the delay, it can withdraw from the contract by timely declaration in text form (i.e. in writing, by fax or e-mail) to PERFEKT. Further statutory rights of the customer remain unaffected.
4.3 If goods are marked as undeliverable in the online store, the customer can reserve these items by clicking on the “reserve” button. As soon as the desired goods are available, PERFEKT will inform the customer by email and provide the customer with a link in this email to start the ordering process.
5 Prices and shipping costs
5.1 The prices stated at the time of the order shall apply. All prices are final prices including the applicable statutory value added tax.
5.2 Delivery costs as well as any additional costs for services requested by the customer and additionally offered by PERFEKT in the online store are shown in the order form and are to be borne by the customer. The shipping costs may vary depending on the delivery method and the nature of the order. More information about the shipping costs can be found on the page “Shipping and Delivery” .
6 Payment and payment methods
6.1 The purchase price is due upon delivery without deduction. If you have chosen the payment method prepayment, the purchase price is due upon receipt of the order confirmation by the customer.
6.2 PERFEKT basically provides the following payment methods: credit card, invoice, prepayment or PayPal. PERFEKT is entitled to limit the payment methods available to the customer depending on the result of the credit check and the order value. Refunds of the purchase price are always made via the payment method selected by the customer.
6.2.1 For the payment method invoice, PERFEKT grants the customer a payment term of 14 days from receipt of the goods. This payment method is only available to consumers and requires that the invoice and delivery address are identical.
6.2.2 Within the scope of the credit card payment method, PERFEKT accepts the payment services of the credit card providers Mastercard, Visa and American Express. The invoice amount will be reserved on your credit card on the day of your order and charged to the credit card on the day the goods are shipped.
6.2.3 In the case of payment in advance, the customer must pay the invoice amount within two weeks after receipt of the order confirmation to the account of PERFEKT specified in the invoice. If PERFEKT does not determine receipt of payment by the end of two weeks, PERFEKT is entitled to withdraw from the contract. PERFEKT will inform the customer of this by cancelling the order via email.
6.2.4 In case of the PayPal payment method, the goods will be shipped after the payment confirmation by PayPal.
6.3 The customer is only entitled to set-off rights if its counterclaims have been legally established, are undisputed or have been acknowledged by PERFEKT in writing. Furthermore, the customer is only entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
7. Retention of title
The delivered goods remain the property of PERFEKT until all claims arising from the sale of the goods have been completely fulfilled.
8.1 In the event of defects, the customer’s claims for subsequent performance, reduction and withdrawal from the contract shall be governed by the statutory provisions. Within the scope of subsequent performance, the customer may demand new delivery or rectification of defects. However, PERFEKT is entitled to refer the customer to new delivery if the removal of defects would involve disproportionate effort. The customer’s right to claim damages or reimbursement of futile expenses is governed by the following clause 9 of these general terms and conditions.
8.2 Warranty claims shall expire two years after delivery of the goods.
9.1 PERFEKT is liable for damages only in the cases of letters a) to d) as follows:
(a) for injury to life, body and/or health as well as for damage caused intentionally or by gross negligence without limitation;
(b) for damages resulting from non-compliance with any guarantees given in writing to the extent of your pecuniary interest as purchaser which is covered by the purpose of the guarantee and was recognizable to us at the time it was given;
(c) in cases of product liability under the Product Liability Act;
(d) for the breach of essential contractual obligations due to slight negligence, the resulting liability for damages is limited to the extent of damage that PERFEKT typically had to expect at the time of conclusion of the contract due to the circumstances known to PERFEKT at that time. Material contractual obligations are such fundamental obligations which were decisive for the conclusion of the contract and on the compliance with which the customer could rely.
9.2 In all other respects, any liability for damages on our part, regardless of the legal grounds, is excluded.
9.3 In the cases referred to in 9.1 d), claims for damages and reimbursement of expenses shall become statute-barred after twelve months. The limitation period shall commence in accordance with § 199 BGB.
9.4 Insofar as our liability is excluded under these provisions, this shall also apply to the liability of our executive bodies and vicarious agents, in particular employees.
10. Data protection
All personal data provided by the customer shall be collected, processed and used exclusively in accordance with the applicable data protection provisions. The details of the data collected, and their respective use are contained in the data protection declaration and can be called up here in printable and storable form.
11. complaints / dispute resolution
11.1 The EU Commission is expected to provide a platform for out-of-court dispute resolution under the link http://ec.europa.eu/consumers/odr/ as of February 15, 2016. This will give consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court.
11.2 Contact or questions in this regard are welcome to the following e-mail address: info@Perfekt.de.”
12. Final provisions
12.1 PERFEKT and the customer agree on the application of German law, excluding the applicability of the UN convention on contracts for the international sale of goods.
12.2 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining contractual provisions.
12.3 If the buyer is a merchant, the exclusive place of jurisdiction for all disputes is the registered office of PERFEKT in Wickede (Ruhr). However, PERFEKT is also entitled to sue the purchaser at his general place of jurisdiction.
13. Identity of the Provider, contact
Kolping Str. 1
58739 Wickede (Ruhr)
phone: +49 23 77 – 805 33 42 (Monday to Friday from 8:00-12:00 and from 13:00-16:00)
Represented by the owner:
Sales tax identification number according to § 27a sales tax law: DE 305 326 174
Complaints can be made at the above address.
PERFEKT, Wickede (Ruhr)
Alternative Dispute Resolution according to Art. 14 para. 1 ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.