General Terms and Conditions
§ 1 General Remarks, Applicability
The following conditions are to be applied for all the offers, deliveries and services of Perfect Finish Gmbh on the internet platform of the web shop. The impact of some of the general terms and conditions of the customer is precluded as long as nothing else is stipulated.
The customers, in accordance with the terms and conditions, are consumers as well as contractors. A consumer is every individual who completes a transaction, which mostly cannot be ascribed to its commercial or its independent occupational activity.
The contractor on the other hand is every juristic person or every legally responsible business partnership which is acting on behalf of its occupational or commercial activity.
§ 2 Offers, Order Confirmations, Occurrence of the Contract
The readjustment of merchandise on the webpage in an online auction or to a fixed price (Order-Now-Option) are regarded as binding offers of the seller to the contract through the merchandise. This offer can be accepted through a bid if it is the case of an online auction and one bid's on it until a certain deadline. The customer accepts the offer by submitting a bid using the bid function. As to that, the customer types his bidding in the given field and clicks the "bid" button. On a subsequent site map, the customer has the option to verify once more his purchase data and clicks afterwards the "bid confirmation" button in order to submit his bid. The acceptance of the customer expires, if another customer bids higher during the validity of the online auction or when the seller is ends the offer legitimately before time. Significant for the measurement of the duration of the online auction is the official time. At the end of the online auction, the deal of the highest bidding customer appears.
In the case of an immediate purchase, an order with the purchased merchandise appears, completely independent of the expiration time of the offer and the completion of an online auction that has a fixed price already established in its options, when the customer carries out that option. After logging in to the sales platform, the customer has to click the "buy now" button. On the following page, the customer has an overview of his purchase. By clicking the "buy" button, the order is now placed. In case of the "price suggestion" option, customers may make a different price offer to the seller. The seller may accept such an offer, reject or make instead a counterproposal. In order to make a different price offer, click the "send price proposal" button. The customer can then type the suggested price in and click the "check price proposal" button. On another overview page, the customer can check the suggested price once again, and by clicking the "send price proposal" button, complete the order. Price proposals from customers and counterproposals from sellers are binding and they keep their validity for 48 hours. An order is placed and completed if seller and customer agree on the given price, either over the "price proposal" function or over the initial fixed price offer available at the "buy now" function. With the completion of the offer, the price proposals and the counterproposals lose their validity altogether.
The order processing and the contact are made through e-mail and automated processing. The customer has to make sure that his declared e-mail address is correct, so that below that address, the e-mails from the seller can be received. At the Spam Filter settings, one has to make sure that all the e-mails to the seller or from the seller regarding the order processing, are received and sent.
§ 3 Purchase Prices
All the prices are in Euro. The starting prices at the auctions are put up depending on the offer. The "buy now" prices and the highest bids resulting after the ending of an auction contain the statutory VAT, added delivery and packaging charges included, as long as no free of charge delivery is offered in the item's description.
§ 4 Delivery
The delivery is ensued through sending of the merchandise from the warehouse directly to the delivery address given by the customer.
The delivery is ensued according to the packaging and delivery costs stated in the item's description.
Should the customer be in delay of acceptance of the package, he must bear the costs of a new delivery, as long as the first delivery is rejected by the customer and he does not make use of his withdrawal right.
Part deliveries are permissible, as long as this is reasonable for the customer or the customer himself explicitly agreed to it. Unsuitable are for example, part deliveries of a single object of purchase. Part deliveries have no influence whatsoever on the customer rights on the basis of performance impairment.
§ 5 Payment
The following payment methods are available:
If bank transfer is chosen, the payment is due right after the placement of the order.
In case the customer wants to pick up the items at the warehouse, he will be informed by e-mail that the items are ready to be picked up. After he receives the e-mail, the customer may pick up the package according to his agreement with the seller. In this case, no delivery costs are calculated.
§ 6 Cancellation Rights in the Case of E-Commerce Orders for Users
A consumer is every individual who completes a transaction, which mostly cannot be ascribed to its commercial or its independent occupational activity.
You have the right to cancel the order within a month without giving any specific reason to it. The revocation period accounts for exactly one month from the day you or a named third party, which is not the carrier, accepted or refused the package. In order to exert your cancellation right, you have to send us to
PERFECT FINISH GmbH
a letter, fax or e-mail, with a full explanation that you wish to cancel the order. You may use the enclosed example cancellation form, but it is not mandatory. For the protection of the cancellation period is sufficient to just send the cancellation form before that period expires.
Consequences of the Cancellation
If you cancel the order, we have to refund all the payments that we received from you, including delivery costs (with the exception of additional costs that come about if you chose a different delivery method than the reasonable standard delivery costs we offer), in maximum 14 days after the request appeared in our system. At this refund, we will use the same payment method you initially chose when you first made the transaction when placing the order, choosing something different only if requested by yourself. In no case will be fees calculated at the refund. We may reject the refund, until we receive the items back or until you render evidence that the items are already sent back, according to the case. You have to send the items back in maximum 14 days after communicating to us about your wish to cancel the order. The deadline is kept, if you send the items back within a month. We bear the costs of the return delivery. You have to account for the items only in case of some deterioration and only if this deterioration is due to your dealing with the state, features and mechanics of the item.
Exclusion or Early Termination of Cancellation Rights
The cancellation right is not valid at restriction clauses.
- For deliveries of items that are not ready-made and for which a individual selection or purpose is essential, or that which are obviously tailored for the personal necessities of the customer;
- For deliveries of items, that are easily deteriorated or their expiration date can easily be overstepped;
- For deliveries of alcoholic beverage, to which the prices have been fixed at the placement of the order, but the delivery of the items is possible only after a minimum of 30 days after placing the order. Still the actual value of these items are dependent on the variations of the market, which cannot be influenced by the seller;
- For deliveries of newspapers, magazines with the exception of subscription orders.
The cancellation right expires before deadline at orders
- For deliveries of sealed items, that are for reasons of health protection and hygiene not suitable for return, if these where unsealed after delivery
- For deliveries of items, if these are inseparable of other goods after delivery, because of their state;
- For deliveries of tone or video footage or computer software in a sealed package, if it was unsealed after delivery.
End of the Cancellation Policy
Please print and cut of the form at the dotted line, then fill out and sign the form before sending.
Example Cancellation Form
If you wish to cancel the order, please fill out this form and send it back to us.
Perfect Finish GmbH
53819 Neunkirchen Seelscheid
2. 2. Hereby I cancel the order placed by myself for the purchase of following items / following services:
(Name of the items, Order Number and Purchase Price)
3. Ordered at: .........................4.
Received at: .............................
5. (Name, Address of the User)
7. Date ...............................
Signature of the customer
(only for written cancellation)
§ 7 Volunteer Cost Free Return Possibility
§ 8 Statutory Warranty
If the customer purchased as a consumer, the warranty for new items consists of 2 years and in the case of used items, it consists of 1 year since risk transfer. From this arrangement are excluded the claims of defective goods, if the user fraudulently concealed the defects, and claims from a warranty, which the user has undertaken for the state of the items. These excluding claims apply for the legal deadline of the warranty.
If the customer is purchasing as a contractor, the warranty for new items consists of 1 year since risk transfer. Claims for defects for used items are not taken into consideration. From this arrangement are excluded the claims of defective goods, if the user fraudulently concealed the defects, and claims from a warranty, which the user has undertaken for the state of the items. These excluding claims apply for the legal deadline of the warranty.
Apart from these, the statutory provisions are to be applied. Concerning the liability, it is to be referred to the statutory regulations.
§ 9 Data Protection
Communication on order processing. The communicated personal information is used exclusively to process the order and to handle customer's inquiry.
The personal information of the customer is being shared with the delivery company while the order is being processed, only to ensure the delivery of the items. After completion, the information will be erased according to the statutory engagement. The customer has a right to inform himself without paying any fees, about his saved data, as well as a right for amendment, closure, or deletion of the data.
§ 10 Other
Should one or more of the above conditions be ineffective or should have any banks, the rest of the conditions will remain hereof unaffected, as long as abiding to the contract doesn't constitute an unreasonable hardship for the customer (§ 306 BGB). You only have jurisdiction for all conflicts from the contractual relationship, as well as for its efficacy, if you are a registered trader, a juridical person of the public rights, or a public separate estate, or your place of residence is abroad. For this contractual relationship, only the Federal Republic of Germany's rights are qualified. The validity of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded.
10.2. Compulsory Information
The identity and service address of the seller follow from the statutory information of the provider from an offer. The provider is not subjected to any particular code of practice. The basic characteristics of the merchandise or of the service, as well as any kind of limitation for the validity period of the provided information, are to be extracted from that particular offer by the customer himself. Between provider and customer, a contract s made through offer and acceptance. Details to the realization of the contract, particularly the technical step-by-step guide for making a contract, are detailed under § 2 of the GTC. Details to the contract, especially for the existence or non-existence of a cancellation right, as well as its terms and applicability, and to the warranty conditions, are resulted from the data of the user within Nr. 6, 7 and 8 of the GTC..
Any typing errors can be recognized before submitting a bid, purchasing through the "buy now" option, or submitting a price proposal by checking out the respective explanation and the technical means are at our disposal so that all can be rectified within the input fields. After clicking on "buy now", "bid" or "check price proposal", the customer may verify the data on another confirmation page for possible errors, before submitting his final, biding assertion. By clicking on "back", the customer may return to the previous page and correct possible mistakes or cancel the initiated action altogether.
The contract will be saved as a webpage for full 90 days after completing the order. By submitting the respective item number on the home page, the contract may be accessed at any time and through the respective Browser options, it can be even archived in order to be printed or saved.
The contractor's language is English.