TERMS AND CONDITIONS
1. AGREEMENT
1.1 An agreement is made between Miele and the consumer for the purchase
of the product/s as specified in an order (“agreement”) if and when Miele
issue an order confirmation to the consumer in respect of that
order.
1.2 The agreement comprises the order, the
order confirmation, these terms and conditions and any additional terms as
specified.
Consumers Only
Miele
sells and ships products to end-user consumers only. You may not purchase
products at the Miele for resale, and we reserve the right to refuse or
cancel your order if we have reasonable grounds to believe the product is
not being purchased by you for end use.
Order
Acceptance/Confirmation
Information contained at Miele
webshop constitutes an invitation to treat. No such information constitutes
an offer by us to supply any products. Miele reserves the right to reject
any order at our discretion for the reason of, but not limited to,
unavailability or technical issue. Once we receive your order, we'll provide
you with an email order confirmation which serves as an acknowledgement of
receiving your order, however, does not constitute confirmation of our offer
to sell. You will receive an email stating that with Shipment detail as an
acceptance of your order (the "Agreement"), because we want to make sure
that we have your product available. In most cases this will be within 72
hours for items that are in stock. For items that are not in stock, you will
receive the Order Acceptance Email when the item becomes available and has
been prepared for shipping. Miele may, in its sole discretion, refuse or
cancel any order and limit order quantity. Miele may require additional
qualifying information prior to accepting or processing any
order.
2. PRICE
2.1 The price payable by the consumer to Miele for the product/s is the
price specified in the order confirmation.
3. PAYMENT
3.1 Full payment of the price is required at the time of order
placement.
3.2 Under this agreement, the payment
processing services for goods and/or services purchased on the Website are
provided by Miele & Cie. KG, Carl-Miele-Straße 29, 33332 Gütersloh,
Germany, on behalf of Miele Hong Kong Limited.
Credit card
payment/s will be processed via a European Acquirer; these terms are an
agreement between the consumer and Miele & Cie. KG, Carl-Miele-Straße
29, 33332 Gütersloh. For any other type of purchases, these terms are an
agreement between the consumer and Miele Miele Hong Kong Limited and goods
and/or services will be delivered by Miele Hong Kong Limited.
4. CANCELLATION, EXCHANGE and REFUND
4.1 Miele will only exchange / refund a product within 7 days of the date
of invoice.
4.2 All consumers seeking for a refund must
provide satisfactory proof of purchase.
In situations
where:
• The product is damaged (excluding packaging) or
defective through no fault of your own;
• The product is
incorrectly supplied; and/or
• The product varies in its
description from the Miele website (or any sample
provided).
4.3 Miele may offer you a replacement or
refund. Please choose carefully as Miele will not provide you with a refund
or exchange if you simply change your mind.
4.4 If your
order is cancelled on or less than two day before delivery, all monies
received will be returned excluding the applicable cancellation fee of HKD
500.00
5. DELIVERY
5.1 Fees and charges may be applicable for the Miele Delivery, details of
which will be provided by Miele and agreed with the consumer prior to any
order being completed.
5.2 Miele will deliver the
product/s to the location specified within Hong Kong SAR. Miele may at its
sole discretion to elect to deliver the product/s to a location beyond those
selected regions.
5.3 Miele is unable to facilitate
the delivery to all locations in Hong Kong SAR, certain remote zones are
non-deliverable zones. Miele will notify you of such prior to completing
your order. In such circumstance we ask that you contact a member of our
team to discuss your options:
[email protected]
5.4 Miele will deliver
the product/s to the location specified in the order. Where no location is
specified, Miele will deliver the product/s to the consumer's address as set
out in the order except where Miele is unable to deliver pursuant to clause
.
5.5 Miele will deliver the Goods in accordance to
these terms and conditions. The risk of loss of or damage to the product/s
passes to the client upon delivery.
5.6 The delivery
date will be the date specified in the order (if any) or, such alternative
date as the consumer and Miele later agree on (“delivery
date”).
5.7 Miele will use reasonable commercial
endeavours to deliver the product/s on or about the delivery date. If Miele
is unable to deliver the product/s (by reason of transportation difficulties
or otherwise), it will use reasonable commercial endeavours to do so within
a reasonable period after the delivery date.
5.8 In
the event that the consumer is not present to accept delivery at the
nominated delivery time, the consumer will be liable to pay Miele an
administration fee for the rescheduling of new delivery time/date payable by
the consumer prior to Miele re-delivering the product/s at the new nominated
delivery
time/date.
5.9
If the
consumer fails to accept delivery of the product/s by Miele within 30 days
of being notified by Miele that they are ready for
delivery;
Miele may give the consumer 5 business days notice
of termination of this agreement. If the consumer fails to accept delivery
within that notice period, this agreement is terminated on expiry of that
period and Miele may charge the applicable cancellation fee in accordance
with clause 4.1 and 4.2.
5.10 If Miele is unable to
contact the consumer after making reasonable attempts to arrange delivery,
Miele may give the consumer 30 days notice of termination of this agreement.
If the consumer fails to make arrangements within the notice period, this
agreement (including any order) is terminated upon expiry of that period and
Miele may charge the applicable cancellation fee in accordance with clause
4.1 and 4.2.
6. PRODUCT INSTALLATION
6.1 Miele may arrange for the installation of Miele washing machines,
tumble dryers, dish washers, refrigerators and stacking kits delivered to
the consumer's premises provided that the required services are available
and no structural work is required ("Miele
installation").
6.2 Fees and charges are applicable
for the Miele installation, details of which will be provided by Miele and
agreed with the consumer prior to any
installation.
6.3 Miele recommends that the products
be installed in accordance with the Miele installation instructions that
accompany each product. If a Miele product is not installed in accordance
with the instruction manual, this may affect the Miele warranty offered
under clause 8. A Miele installation means that the products will be
installed in accordance with the instruction manual. A request to verify or
rectify the installation of a Miele product/s installed by a party other
than Miele will incur a service fee.
6.4 Miele is not
liable for any loss or damage to product/s which occurs through installation
of the product/s by parties other than Miele.
6.5 The
consumer must advise Miele prior to the date of installation of any
obstructions which may prevent or hinder the installation including, but not
limited to:
- Access obstructions;
- Lack of power / distance to power inlet;
- Lack of water / distance to water inlet;
- Other works being completed at the premises;
- Hazardous materials / substances located at the premises; and
- Flooring deficiencies.
7. OWNERSHIP AND RISK
7.1 Miele remains the owner of the product/s until the price is
paid in full to Miele and the product/s have been delivered to the
consumer.
7.2 The consumer must not sell or
otherwise deal with the product/s until the price is paid in full to
Miele. If the consumer purports to do so, the consumer will be deemed to
hold the proceeds of sale or other realisation (or the amount equal to
the outstanding) on trust for Miele.
7.3
Notwithstanding clauses 7.1 and 7.2, the risk of loss of or damage to
the product/s passes to the consumer upon delivery. After delivery, the
consumer is responsible for storing the product/s prior to any
installation and is liable for any loss or damage which occurs during
such storage.
8. WARRANTY
8.1 Miele domestic products are subjected to rigorous testing and
assessment as to their quality and fitness.
8.2
Our goods is of excellent quality and construction. Miele will correct,
free of charge, any defects in material or workmanship for a period of
12 months, subject to the provisions shown
below.
8.3 Miele reserves the right to inspect and
test the product/s for the purpose of determining the extent of any
defect and the validity of any claim made under this warranty. All
defective parts/products replaced by Miele under this warranty will be
deemed to be the property of Miele.
8.4 This Miele
warranty will not apply if the product/s is rendered faulty by a factor
other than a defect in materials and workmanship. Such factors include
but are not limited to:
ii. use for a purpose for which the product was not sold or designed;
iii. in the case of household appliances and vacuum cleaners, commercial use;
iv. use or installation (where applicable) which is not in accordance with any specified instructions for use or installation;
v. use or operation after a defect has occurred or been discovered;
vi. damage through freight, transportation or handling in transit (other than when Miele is responsible);
vii. damage through exposure to chemicals, dusts, residues, excessive voltage, heat, atmospheric conditions or other forces or environmental factors (including vermin damage) howsoever outside Miele's control;
viii. repair, modification or tampering with by the purchaser or any person other than Miele or an authorised Miele Service Agent; or
ix. use of parts, components or accessories which have not been supplied by or specifically approved by Miele (including use of a dust bag other than genuine high performance Miele dust bag).
This warranty does not apply to consumables such as batteries, filters or globes.
8.5 consumer must retain proof of purchase
(receipt) in order to be eligible to make a warranty claim under this
clause 8.
8.6 The Miele warranty provided under
this clause is a transferable right.
9. SERVICE & SPARE PARTS
9.1 While Miele will use reasonable commercial endeavours to have all
necessary spare parts available for the purpose of repair or service,
Miele is not liable for delays due to sourcing of unusual parts which
are required, or due to circumstances beyond the control of
Miele.
9.2 Miele has a policy of assuring the
availability of spare parts and service for all Miele products for a
period of not less than five (5) years following the cessation of
production of the applicable product. After this period, availability of
spare parts and service will depend upon the particular Miele product.
Please contact Miele for more details in relation to availability of
spare parts and service.
10. USE OF PERSONAL DATA
10.1 Miele takes a conscientious approach to personal data
protection. Your personal data, including name, contact details,
demographic data, products and services portfolio information, will only
be used for the purpose for which they are provided. Please refer to the
Data Protection Policy by Miele (http://www.miele.hk/hk/domestic/195.htm)
11. GOVERNING LAW
11.1 This agreement is governed in accordance with the Laws of Hong
Kong Special Administrative Region
12. MIELE POINTS
12.1 Miele Webshop customer can earn one Miele Point on Miele HK
Webshop.
12.2 Each Miele Point can only be earned
if the spending amount is the multiplier of HK$100 (For example: HK$101
spending and HK$199 are both eligible of one Miele
Point)
12.3 Miele Points can only be earned once
per transaction each time.
12.4 Miele Points once
used in transactions will be deducted automatically from the Miele
Webshop customer’s account and cannot be
reverted.
12.5 Miele Points will expire 12 months
from the purchase date and cannot be carried forward. Miele Webshop
customer can check their Miele Points balance through their Miele
Webshop account.
12.6 Miele Webshop customers are
responsible for keeping track of their Miele Point status and expiry
dates. Miele Points will be cleared automatically after their expiry
date. In case of disputes, Miele HK Ltd reserves the right for final
decisions.
12.7 Miele Points cannot be redeemed by
means of cash or other items not being sold in official Miele
Webshop.
12.8 Miele Points will be adjusted from
the related Webshop account in cases of returned / refunded
products.
12.9 Miele Points are not transferable to
other Miele Webshop accounts.
12.10 Miele Points
can only be redeemed and used in official Miele Webshop and shall NOT be
used in other means of purchase or service
payments.
12.11 Miele HK Ltd reserves the right to
change the Miele Points mechanism without prior
notice.
12.12 Miele HK Ltd reserves the right to
deduct Miele Point from Miele Webshop account if Miele HK Ltd suspects
of points being obtained via fraudulent or dishonest
means.