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Terms and Conditions

§ 1 Contractual partner, scope of application

1. In the context of the following Terms and Conditions, the contractual partners are Mia Light GmbH,Harmate 42, 48683 Ahaus and the customer. Further information and the legal representatives of Mia Light GmbH can be found in the Legal Notice.

2. All supplies and services are provided solely on the basis of the Terms and Conditions in the version applicable at the time of the order.

§ 2 Contract conclusion, saving of the contract, contractual language

1. The offers of Mia Light GmbH in the online shop represent non-binding offers to customers for the order of goods from Mia Light GmbH.

2. When ordering goods, the customer makes a binding offer to conclude a purchase agreement by completing and transmitting the online form in the online shop or by submitting an order via e-mail, telephone, fax or mail. The offer is binding at the latest when the respective order type has reached Mia Light GmbH. By sending the order to Mia Light GmbH, the customer warrants having unrestricted legal capacity to act. Mia Light GmbH is not obligated to accept the customer’s offer. Confirmation of receipt of the customer's order does not constitute acceptance of the customer’s offer.

3. If the order confirmation or another legally binding declaration of Mia Light GmbH contains spelling or printing errors or if the determination of the price is subject to transmission errors, Mia Light GmbH is entitled to contest the declaration on grounds of mistake; the burden of proof for the mistake is incumbent on Mia Light GmbH. In this case, any payments received shall be refunded without delay.

4. Mia Light GmbH is entitled to accept this offer within a period of seven calendar days by sending an order confirmation or by shipping the ordered goods. The order confirmation shall be sent by email. The offer shall be deemed to be rejected after fruitless expiry of the deadline.

5. Customers may identify and change the information they have entered in the online order as follows: After clicking on the input button (“Buy It Now”), customers can check their entries again on the confirmation page that follows. If a customer wants to change their entry, they can either go back to the input page by clicking the “Back” button of their Internet browser or discontinue the process by closing the browser window and calling up the input page again later. The required corrections can then be made by using the usual keyboard and mouse functions in the respective input fields.

6. The contract is saved and the order data as well as the link to the Terms and Conditions are sent to the customer by e-mail.

7. The contractual language is German.

§ 3 Prices

1. All the stated prices include applicable statutory VAT and packaging and shipment costs.

2. All the stated prices, including those for packaging and shipment, apply only in Germany and only at the time of the order. All the previous prices and other information regarding the goods become invalid when the Internet pages of Mia Light GmbH are updated. The version valid at the time of the order is decisive.

§ 4 Payment terms / reservation of the right of withdrawal

1. Payments are made either by prepayment (bank transfer in advance), PayPal or credit card.

2. The payment amount shown on the invoice shall be paid in full to Mia Light GmbH irrespective of the method of payment. Deductions of transaction fees and similar, which, for instance, arise when payment is made through international banks, are not accepted by Mia Light GmbH.

3. For credit card payments (Visa, MasterCard or American Express), you must enter your credit card number, expiry date and CVV number. These data are not stored by us but transmitted directly by means of secure 128-bit SSL encryption. For technical reasons, the amount is deducted immediately once your order is sent from our online shop.

4. For orders paid by PayPal / PayPal Express the invoice amount is paid via the online provider PayPal. For orders paid by PayPal Express, the address data stored in your PayPal account are in addition provided to us. The payment is confirmed when you send your order from our online shop. Further information on how to reach the page of the payment provider is provided during the order process.

§ 5.1 Statutory cancellation right for consumers

Consumers (as defined in Section 13 BGB [German Civil Code]) have a cancellation right; a consumer is any natural person who concludes a legal transaction the purpose of which is neither for their commercial nor their independent professional activity.

§ 5.2 Cancellation right for business owners

If customers are business owners (in terms of § 14 BGB [German Civil Code]) there is no cancellation right.

§ 5.3 Cancellation policy

You may cancel your agreement declaration in text form (e.g. letter, fax, e-mail) within 14 days without justification or - if the article is surrendered to you prior to expiration of the deadline - by returning the article. This period commences upon receipt of this notification in text form, however not prior to receipt of the goods by the recipient (not prior to receipt of the initial partial delivery for repeat deliveries of the same goods) and not prior to fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB (Introductory Statute to the German Civil Code) and our duties pursuant to § 312g para. 1, sentence 1 BGB (German Civil Code) in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the article is sufficient to comply with the cancellation period.


The cancellation must be sent to:

Mia Light GmbH
Managing director: Arbona Ay 
Harmate 42 48683 Ahaus,
Germany
info@mialight.com


Consequences of cancellation
In the event of an effective cancellation, the performances received by both sides must be returned and any benefits obtained (e.g. interest) released. You must provide compensation if you are not able to return or surrender the performances or benefits (e.g. benefits of use), or only able to return them in part or in a deteriorated condition. You only have to provide compensation for the deterioration of the item and for benefits obtained if the benefits or the deterioration is the result of handling the items beyond mere testing of properties and functionality. Testing the properties and functionality includes the inspection and testing of the relevant goods as is possible and usual in a retail store.

Items that can be sent as parcels must be returned at our risk. You must bear the regular costs of return if the delivered good was the good that was ordered and if the price of the item to be returned does not exceed EUR 59 or, in the event of a higher priced article, if you have not yet provided consideration or an agreed partial payment at the date of cancellation. Otherwise your return is free of charge. Items that cannot be sent as parcels shall be collected from your address. Payment reimbursement obligations must be fulfilled within 14 days. For you, this period commences on sending your cancellation declaration or the item, for us this period commences on its receipt.
End of cancellation policy.

 

§ 6 Delivery terms

1. Deliveries are made by sending the articles from the warehouse to the delivery address supplied by the customer.

2. If customers have made a prepayment, the goods are reserved for the customer upon acceptance of the contract but are only shipped after receipt of the funds in the account of Mia Light GmbH. Customers are therefore requested to take this into account when ordering and to transfer the agreed prepayment in due time.

3. If customers have selected prepayment and the amount is not credited to the account of Mia Light GmbH within five days, Mia Light GmbH may withdraw from the contract. If Mia Light GmbH continues with the contract, the delivery dates stated at the time of order no longer apply. The delivery date mentioned originally shall be replaced by the date shown in the online shop for the product at the time the funds are received by Mia Light GmbH.

4. The availability of the goods and their shipment date can be found in the electronic catalogue. Each delivery is subject to the proviso that Mia Light GmbH receives their delivery in due time and as agreed; the following paragraphs apply.

5. Delivery shall be made provided there is sufficient stock. Should a product ordered by the customer not be available contrary to expectations and despite timely arrangements having been made for reasons beyond the control of Mia Light GmbH, Mia Light GmbH shall offer the customer a product equivalent in quality and price to the ordered product. The customer is not obligated to accept this product or the customer shall withdraw from the contract. Mia Light GmbH will notify the customer immediately if an article is not available and immediately refund any payments already made in the event of a withdrawal.

6. Liability for damages is excluded, if Mia Light GmbH delays delivery or a delivery becomes impossible for reasons that are the fault of Mia Light GmbH, and this is not due to wilful intent or gross negligence, except for liability for damages arising from injuries to life, body or health. The customer reserves the right to assert further claims.

7. If deliveries are delayed for reasons beyond the control of Mia Light GmbH (force majeure, third-party fault, etc), the delivery date will be appropriately postponed. The customer shall be informed thereof immediately. If the reasons for the delay continue for more than four weeks after contract conclusion, each party is entitled to withdraw from the contract.

§ 7 Damages incurred during transit

If products and goods are delivered with obvious damages incurred during transit, the customer is requested to immediately contact Mia Light GmbH, service@beispiel.de, and register a complaint with the supplier. The customer shall assist in the assertion of claims by Mia Light GmbHagainst freight carriers and transport companies. Failure to lay a complaint or contact Mia Light GmbH has no consequences whatsoever for customers and their rights, in particular warranty rights.

§ 8 Reservation of title

1. The ordered goods remain the property of Mia Light GmbH until payment in full.

2. Reselling, renting, pledging, security transfer, processing, or other disposal or manipulation are not permitted prior to the transfer of property without the express consent of Mia Light GmbH.

§ 9 Warranty

1. The customer's claims against Mia Light GmbH in the event of defects shall be in line with the statutory provisions and within the statutory deadlines unless the regulations below provide differently. The statutory warranty period is currently two years for newly manufactured items.

2. Any damages that may arise as a result of improper actions or actions in breach of the contract by the customer during setup, connection, operation or storage do not constitute grounds for asserting a claim against Mia Light GmbH. Impropriety and breach of contract shall in particular be determined in accordance with the information provided by the manufacturer.

3. For purchases of used goods, the customer's claims shall prescribe one year from the date of receipt of the goods in the event of defects. Reducing the warranty period to one year does not apply if the replacement obligation is based on injury to body or health due to a defect that the seller is responsible for or intentional behaviour or gross negligence of the seller or their vicarious agents. Notwithstanding the above, the seller is liable in accordance with the Product Liability Act.

4. If the customer is a business owner and if the performance is ordered for the customer's commercial business, the customer's claims shall prescribe one year from the date of receipt of the goods in the event of defects. 

§ 10 Repair costs / quotations

If goods are sent to Mia Light GmbH or an appointed repair shop for repair and the repairs relate to defects, damages or other changes or deterioration of the goods, which are not defects of quality giving rise to statutory warranty claims or guarantee claims against the manufacturer, the required fees for quotations, repairs and similar costs shall be paid by the customer to Mia Light GmbH.

§ 11 Liability

1. Mia Light GmbH shall have unlimited liability, on whatever legal grounds, in cases of injury to life, body or health, wilful intent or gross negligence, bad faith and guarantee promises and if the liability is in accordance with mandatory legal provisions such as the Product Liability Act.

2. Furthermore, the same shall be liable, on whatever legal grounds, as follows:
a) if an obligation essential to the contract (material contractual obligation) is negligently violated by Mia Light GmbH, the obligation to pay damages for property damage is limited to the foreseeable, typical average damage. Material contractual obligations are obligations imposed on the seller by the contract in accordance with its provisions to fulfil the purpose of the contract, the performance of which makes the proper execution of the contract possible and adherence to which the buyer is entitled to rely upon.
b) if an obligation not essential to the contract is negligently violated by Mia Light GmbH, the obligation to pay damages is limited to the order value.

§ 12 No set-off

1. Customers are not entitled to offset their own claims against the payment claims of Mia Light GmbH, unless a customer’s receivables are uncontested or legally established.

2. The customer is not entitled to counter the payment claims of Mia Light GmbH with rights to retention of goods – including from a notification of defects – unless they originate from the same contract.

§ 13 Data storage

The customer agrees that we store personal data as part of the business relationship. The customer further agrees and is aware that we digitise legally relevant declarations and that we do not store these in the usual documentary form. All of the data collected on this website are handled according to the provisions of the German Federal Data Protection Act (BDSG – Bundesdatenschutzgesetz) and the Information and Telecommunication Service Act (IuTDG – Informations- und Telekommunikationsdienstegesetzes). Personal data are not transmitted to third parties without the express written consent of the affected party. 

§ 14 Invalid clauses, place of jurisdiction

1. Should one or more provisions of these Terms and Conditions be invalid, this shall not invalidate the contract as a whole. The invalid provision shall be replaced by a relevant legally valid provision.

2. If the customer is a merchant, legal entity under public law or a special fund under public law, Ahaus shall be the exclusive place of jurisdiction for all disputes arising, directly or indirectly, from this contract. The same shall apply if a customer does not have a general place of jurisdiction in Germany, relocates their domicile or place of habitual residence abroad or their domicile or place of habitual residence is unknown at the time the action is filed.

§ 15 Applicable law

German law shall apply to the conclusion and performance of all contracts. UN Purchase Law shall not apply.

Effective: May 2013
Mia Light GmbH