General Terms And Conditions
TERMS Terms and Conditions (AGB)
General Terms and Conditions of My Perfect Design GmbH
1. Scope of Application
For all orders placed via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with My Perfect Design GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can first place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click on the order button to accept the offer for the goods contained in the shopping cart. Immediately after submitting the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German
We store the text of the contract and send you the order data and our terms and conditions in text form. You can view the text of the contract in our customer login.
4. Subject matter of the contract
4.1 Product Description
Reference is made to the validity of the respective product description as an essential part of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colors are possible.
In the case of wood products, natural deviations in terms of grain, structure and colour of the wood are possible.
5. Request and Handling of Customer Content
5.1 Requirements
If it is necessary for the fulfilment of the order that you transmit content (e.g. texts, data, files) to us, the technical possibilities available for this as well as the requirements that may apply are based on the respective product description.
You are solely responsible for the content, including the legality and accuracy of the content you submit. We do not carry out any content-related or editorial checks before executing the order.
5.2 Compliance with applicable law
The content and the products to be created from it must always be in accordance with the applicable legal provisions. In particular, they must not violate any rights and claims of third parties (in particular copyright, trademark or other property rights) and must not contain or serve any purpose that glorifies violence, discriminates, is racist, xenophobic or other immoral or anti-constitutional.
5.3 Indemnification
They indemnify us against claims by third parties that they may assert in connection with an infringement of their rights by our use in accordance with the contract. They also assume the necessary costs of legal defense, including all court and lawyer costs at the statutory rate. The indemnification does not apply to the extent that you are not responsible for the infringement. In the event of a claim by third parties, you are obliged to provide us with all information necessary for the examination of the claims and a defense immediately, truthfully and completely.
5.4 Reservation of withdrawal
We reserve the right to reject the order or to withdraw from the contract if the content provided by you for this purpose violates legal or official prohibitions or morality or if there is a reasonable suspicion in this regard. This applies in particular to the provision of content that is hostile to the constitution, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifying violence.
6. Terms of delivery
6.1. Shipping costs
In addition to the stated product prices, shipping costs are added for standard shipping. These depend on the packaging dimensions of the respective product:
up to size 30x30 cm 4.95 €, up to size 50x70 cm 9.95 €, bulky goods deliveries 15.00 €
You can find more information about the packaging dimensions in the offers.
6.2. Delivery Options
We ship the products to the delivery address specified in the order process within Germany and other EU countries.
We only deliver by shipping. Unfortunately, it is not possible to pick up the goods yourself.
We do not deliver to packing stations.
7. Payment
7.1. Prices
The prices quoted at the time of the order apply. These are total prices and include VAT.
7.2. Payment methods
The following payment methods are available in our shop:
If you
select the payment method in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
In the order process, you enter your credit card details. Your card will be charged immediately after placing the order.
PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction will be carried out by PayPal after you have received the goods. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offer of these modalities; other individually offered payment methods concern your legal relationship with PayPal. You can find more information about this in your PayPal account.
Invoice
The invoice amount is due 7 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
8. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
9. Retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been fully settled. They may resell the goods subject to retention of title in the ordinary course of business; you assign all claims arising from this resale to us in advance - regardless of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the collateral to which we are entitled at your request to the extent that the realizable value of the collateral exceeds the value of the outstanding receivables by more than 10%.
10. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery person as soon as possible and contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
11. Warranty and Guarantees
11.1 Liability for defects
Unless expressly agreed otherwise, the statutory law on liability for defects applies.
The following restrictions and shortening of deadlines do not apply to claims due to damages caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.
Restrictions on entrepreneurs
In the case of entrepreneurs, only our own information and the manufacturer's product descriptions that have been included in the contract shall be deemed to be agreements on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness.
The statutory limitation periods for the recourse claim under Section 445a of the German Civil Code remain unaffected.
Notice to merchants
Merchants are subject to the obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB). If you fail to make the notification regulated there, the goods are deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
11.2 Warranties and after-sales service
Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service office for questions, complaints and complaints on weekdays from 8:30 a.m. to 4:30 p.m. by calling 02157-81 86 466 or by e-mail at service@myperfect.design
12. Product safety
Our distributed products from walther design comply with the applicable regulations of the new German Product Safety Act (valid from December 13, 2024) as well as the EU directives on product safety. We ensure that the products offered are safely placed on the market.
Reference is made to the Product Safety Regulation (GPSR) (Article 3(2)): "safe product" means any product which, under normal or reasonably foreseeable use, including actual use, poses no or only minor risks compatible with its use, considered acceptable and compatible with a high level of protection of consumer health and safety.
Our distributed products from walther design are clearly marked in accordance with the new legislation on product safety in order to ensure complete traceability. If you have any questions about specific products or manufacturers, you can always contact our customer service.
For questions about product safety or to report problems with our products, you can reach our customer service office at: Tel: 02157-81860
service@myperfect.design
02157 - 81 86 - 466
(Mon.-Fri. from 9:30 a.m. to 4:30 p.m.)
13. Extended producer responsibility
Under the Extended Producer Responsibility (EPR) for the disposal of products after use, our company is registered as follows.
Germany: Our LUCID number is: DE2972083237276
France: Our EPR number is: FR387605_01JAYI
For more information, please visit the website of the competent authority.
14. Liability
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health,
in the event of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on the fulfilment of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
In all other respects, claims for damages are excluded.
15. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The Federal Universal Arbitration Board at the Centre for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de, is responsible.
16. Final Provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract is governed by the statutory provisions.
TERMScreated with theTrusted ShopsLegal copywriter
As of: January 2025