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MIELE HONG KONG LTD

TERMS AND CONDITIONS OF SALE - ONLINE

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: consumerservices@miele.com.hk

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:
i.     damage through misuse (including failure to maintain, service or use with proper care), neglect, accident or ordinary wear and tear (including deterioration of parts and accessories and glass breakage);
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

 

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