Terms and Conditions
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (MCD Produktionsgesellschaft UG) via the website www.perfectpur.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use yourself is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You may submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there at any time. After accessing the “checkout” page and entering your personal data as well as the payment and shipping terms, all order data will be displayed once again on the order overview page.
Before submitting the order, you have the opportunity to review all information again, change it (also via the “back” function of your internet browser), or cancel the purchase.
By submitting the order via the button “order with obligation to pay”, you submit a binding offer to us. You will first receive an automatic email confirming receipt of your order, as well as an invoice.
(3) The order confirmation received by email must be paid in advance before the goods are dispatched; only then has a legally binding delivery contract been concluded. In the case of automated payment processes, the legally binding delivery contract is concluded through the payment process.
(4) If paid goods are not immediately available for delivery, you will be given the option of having the goods delivered within 14 days or, upon request, receiving a refund for the amount of the goods not delivered.
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically possible, and that it is not prevented in particular by SPAM filters.
§ 3 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Liability
(1) We are fully liable in each case for damages resulting from injury to life, body, or health. We are also fully liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee for the quality of the purchased item, and in all other cases regulated by law.
(2) Liability for defects within the framework of statutory warranty is governed by the corresponding provision in our customer information (Part II).
(3) Insofar as essential contractual obligations are affected, our liability in cases of slight negligence is limited to the foreseeable damage typical of the contract. Essential contractual obligations are essential duties arising from the nature of the contract, the breach of which would endanger the achievement of the purpose of the contract, as well as duties which the contract imposes on us according to its content for the achievement of the contractual purpose, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely.
(4) In the event of a breach of non-essential contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) According to the current state of technology, data communication over the internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.
(6) For items with a serial number seal, a warranty exists only if the seal is undamaged.
§ 5 Choice of Law
(1) German law applies. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
§ 6 Distribution of the Products
The distribution of the products via online shops, including sales platforms such as eBay, is not permitted.
II. Customer Information
1. Identity of the Seller
MCD Produktionsgesellschaft UG
Parkweg 8
D-74850 Schefflenz
Tel. No.: 0151-19774136
Email: info@perfectpur.de
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by § 2 of our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. In the case of quote requests outside the online shopping cart system, you will receive all contract data as part of a binding offer by email, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the item description and the supplementary information on our website.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers as well as the 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 designated button on our website or in the respective item description, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping 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 item description.
5.4. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective item description.
6.2. Insofar as you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only 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 designated to carry out the shipment.
7. Statutory Liability for Defects
7.1. The statutory liability rights for defects apply.
7.2. As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
For commercial customers, the period for giving notice of defects is 3 working days.
7.3. Since the application of our products is beyond our control, we cannot exert any influence over it and therefore only assume liability for consistent quality. Exchange of delivered goods is therefore not possible.