General Standard Terms and Conditions MIASA GmbH
On submission of your order you are accepting the General Standard Terms and Conditions of MIASA GmbH.
§ 1 General
All contractual relationships between MIASA GmbH and the customer (hereinafter “purchaser”) are exclusively subject to the following General Standard Terms and Conditions as per current valid edition at the time of the order. These are valid for the postage and delivery of goods, ordered by the purchaser by phone, internet, e-mail, in writing or per fax, in particular, but not exclusively, also via the hosted website http://www.miasa.de. Any alterations to the Terms and Conditions made by the purchaser are void, unless MIASA GmbH has given prior exclusive permission.
§ 2 Formation of Contract, Prices
1. MIASA GmbH will confirm receipt of the order (»Customer Offer«) to the customer. MIASA GmbH reserves the right to accept the offer within one week. The contract becomes binding at confirmation of the offer by MIASA GmbH. Acceptance will be through order confirmation by email or fax or through delivery of the goods. This does not affect the customer’s cancellation rights.
2. MIASA GmbH commits to all prices and conditions as published on the website at the time of the order. However, MIASA GmbH reserves the right to cancel any contracts affected by typing, printing or calculation errors.
3. All prices are inclusive VAT. This also applies for orders received from outside of Germany. Any customs duties for non-EU countries are disregarded and charged accordingly to the receiver by the relevant customs office when importing the goods.
4. Should MIASA GmbH be unable to fulfil an order because of product unavailability, the customer will be informed accordingly as soon as possible and any payments already made by the customer will be refunded.
5. In the case of cancellation of the contract, the customer is obliged to pay for costs of returning the goods for orders up to a value of Euro 40.00 if the delivered goods are as ordered. Otherwise, the return of the goods is free for the customer.
§ 3 Delivery
1. Items are delivered to the address entered on the website and as per delivery terms and conditions valid at the time of the order.
2. Deliveries are carried out exclusively to Germany, Austria, Switzerland, Luxembourg, Lichtenstein, France, Great Britain, Italy, Spain, Portugal, Netherlands, Belgium, Denmark, Finland and Sweden. Any Customs Duties and fees are the responsibility of, and need to be paid for, by the customer.
3. No delivery charges apply for collection in person by the customer from our warehouse subject to prior agreement by email.
4. MIASA GmbH reserves the right to part-deliveries and pays for any resulting additional costs.
5. Should the purchaser default on acceptance of delivery or is guilty of neglecting other duties of cooperation, then MIASA GmbH is entitled to claim compensation for any additional expenditure. Rights to additional claims remain reserved.
6. In the case of paragraph 5, the risk of accidental loss or accidental damage is transferred to the customer at the moment the customer fails to accept delivery or debtor’s delay.
7. Unless the delivery delay is due to careless or gross negligence by MIASA GmbH, compensation by MIASA GmbH is limited to expected, reasonable damage. This limitation also applies if the delivery delay is due to non-accidental negligence of essential contractual duties by MIASA GmbH.
8. In all other cases, MIASA GmbH accepts liability for delivery delays, based on a flat-rate delivery delay compensation scheme, for each completed week at 3 % of the order value, but only up to a maximum of 15% of the total order value.
§ 4 Payment Terms, Retention of Title
1. All products supplied remain the property of MIASA GmbH until they have been paid for in full.
2. Payment becomes due when MIASA GmbH accepts the order. Payment must be made via the payment methods listed on the website at the time of ordering.
3. No cash discounts are given.
4. In the event of bounced or returned payments, the customer herewith irrevocably authorizes his / her bank to disclose his / her name and current address to MIASA GmbH. Any resulting charges made to MIASA GmbH due to any circumstances that the purchaser is responsible for, may be claimed back from the purchaser by MIASA GmbH.
§ 5 Limited Liability, Obvious Defects, Defect Rights
1. If MIASA GmbH is liable for damages due to ordinary negligence according to statutory regulations, the following applies: liability for ordinary negligence only applies to the delay or the impossibility or breach of essential contractual obligations and is limited to the expected, reasonable damage (average contract-typical damage). The limitation of liability does not apply to damages on the grounds of violation of life, body or health. Otherwise, MIASA GmbH’s statutory liabilities remain unaffected, particularly in regards to deliberate negligence, fraudulent concealment of defects, gross negligence as well as any liabilities independent of fault (i.e. as per product liability law). Also unaffected are any liabilities resulting from warranty promises.
2. This limited liability as per paragraph 5.1 also applies to third parties involved or affected by the scope of protection of the contractual relationship. Miasa GmbH’s legal representatives, employees and agencies / subcontractors do not accept liability in addition to Miasa GmbH itself.
3. Obvious defects must be claimed for by the purchaser within two weeks after receipt of the goods. The claim must be received on the last day of the two weeks; receipt by e-mail or fax is sufficient.
4. Furthermore, statutory defect regulations apply.
§ 6 Data Protection
MIASA GmbH uses personal data provided by purchasers only in connection with orders and customer service. The customer explicitly consents to the collection, processing and use of personal data.
§ 7 Cancellation Policy
1. Statutory cancellation rights apply to all orders placed by Miasa customers, with the exception of goods that are perishable due to their nature (i.e. partly-used or opened products) or out-of-date goods at the time of the return.
2. According to those cancellation rights, customers can cancel orders, without
having to specify reasons, within 2 weeks, in writing (i.e. by letter, e-mail) or by
returning the goods. The cancellation period begins on the date of receipt of
these cancellation rights. Cancellation requirements are met by either a timely
return of goods or sending of the cancellation notice.
The cancellation should be sent to:
Marketing & Sales
Telephone: +49 (0) 30 577 047 310
Fax: +49 (0)30 577 047 311
3. In the event of an effective cancellation, any contributions received by either party must be returned and, where applicable, any benefits received (e.g. interest) are to be surrendered. If a customer is only able to return part or none of the goods and / or services received from MIASA GmbH or they are returned in deteriorated condition, the customer is obliged to pay appropriate compensation to MIASA GmbH. This shall not apply in the event that the deterioration of the surrendered goods is due to the inspection of the goods as would have been possible in a shop. However, the customer may avoid the obligation to provide compensation for any deterioration of the goods caused by the intended use, by not using the goods as their own property and refraining from all actions that may affect their value. Shippable goods must be returned by post. The customer must pay for the return of goods with an order value of up to Euro 40.00 if the goods were supplied as per details on the purchase order. Otherwise, return postage is free for the customer. Goods not fit for transport will be collected from you.
§ 8 Protection of Minors
1. MIASA GmbH chooses to build contractual relations only with customers above the legal age. The customer is obliged to assure that acceptance of the delivery of goods is made only by him or herself or by authorized people above the legal age.
2. The customer agrees to indemnify and hold harmless MIASA GmbH from third party claims that result from an infringement of the customer’s duties as per paragraph 1.
§ 9 Place of Performance, Venue for all Disagreements, Severability Clause
1. Our contract with you, even for orders received from and / or delivered to outside of Germany, is exclusively based upon German law – disregarding UN purchase conventions.
2. The place of performance and venue for all disagreements is Stuttgart, this also applies to summary proceedings.
3. The validity and enforceability of the remaining provisions remain unaffected in the event that one or more of these terms and conditions is, or becomes, invalid.