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Miele (Pty) Ltd

Terms and Conditions for the Sale of Goods – Miele Online WebShop

Miele (Pty) Ltd (“Miele”) terms and conditions apply to the supply and purchase of any of the goods listed on the website www.miele.co.za  to the customer.  Please read the terms and conditions carefully before ordering any goods from the website www.miele.co.za. 

1.    Information About Miele

You are contracting with www.miele.co.za (the “Website”), which is owned and operated by Miele (Pty) Ltd (“Miele”). 

Miele Company Registration Number: 1982/001769/07

Company VAT Number: 4670119934

Our main trading address is 63 Peter Place, Bryanston 2194, Johannesburg, South Africa

Email address: sales@miele.co.za

Customer Care Centre (“CCC”) Number: +27860064353

2.    Agreement

An agreement is made between Miele and the customer for the purchase of the product/s as specified in a customer order (“order”) if and when Miele issue an order confirmation to the customer in respect of that order.

An agreement of sale only comes into effect if and when:

·         The customer electronically submits a properly completed order for one or more products in the shopping basket; and

·         Payment is authorised or payment received is confirmed.

3.    Termination of Sales & Cancellation of Orders

Miele

·         Miele reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between the customer and Miele, in whole or in part, on notice to customer.

·         Miele shall only be liable to refund monies already paid by customer (see Miele Refund Policy Section 9), and accepts no other liability which may arise as a result of such refusal to process any order/sale.

Customer

·         To terminate or cancel an order, the customer must inform Miele in writing or by email to sales@miele.co.za

·         The customer is entitled to cancel any order concluded on the Website within seven days after date of receipt of the goods and obtain a full refund. The customer is liable for the direct cost of returning the goods to Miele. (see Miele Refund Policy Section 9)

 

4.    Stock Availability

·         Stocks of all goods on offer are limited.

·         Miele shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. 

·         Should Miele be unable to fulfill any order placed by the customer at the advertised price due to stock having sold out, Miele will inform the customer and refund full payment as soon as possible.

·         Please note that although Miele endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to Miele for a full refund within seven days of delivery.

·         If the good(s) as per the customer order are unavailable for delivery by Miele within the time period specified in the order confirmation, Miele will inform you and refund your payment as soon as possible.

·         If the good(s) on the customer order are unavailable for delivery by Miele within the time period specified, Miele will not provide substitute goods for the good(s) unless the customer request us to do so. If customer request Miele to provide substitute goods and later decide to cancel the order, the cost of returning the substitute goods is at the risk and responsibility of the customer.

Stock Shortages

In the event that a Miele is out of stock of the product ordered by you, Miele will notify you thereof, whereupon –

·         in the event of a temporary out-of-stock situation, you shall be entitled either to cancel the order and be fully refunded, or to maintain the sale subject to a later delivery date as may be agreed;

·         in the event of a permanent out-of-stock situation, you shall be entitled to be fully refunded.

In being 'fully refunded' as aforesaid, you will be refunded the relevant purchase price and delivery charges, without having to pay any administrative or other charges.

(see Miele Refund Policy Section 9 for more details)

5.    Delivery and Delivery Charges

Delivery

·         Miele delivers to address within the borders of South Africa only

·         The customer order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.

·         "Main centres" include any destination within a 50km radius of the following cities: Pretoria, Johannesburg, Bloemfontein, Cape Town, George, Port Elizabeth, East London, Durban, Pietermaritzburg and Nelspruit.

·         If the order for items in customer basket is placed and confirmed before 12h00 on a business day (being Monday to Friday, with payment received / authorized:

o   The delivery address specified by customer is located in or within 50km of main centre, the customer will receive good/s within 1 – 3 working days.

o   If the delivery address is outside main centres, it is usually within 5 – 10 working days.

·         Delivery periods are only regarded as having commenced upon payment confirmation being received by Miele.

·         If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order. Should you thus wish to receive 24 hour products within 24 hours, for example, Miele recommends that you order such products separately from the products requiring longer delivery times.

·         Miele makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.

·         If paying with a specific credit card for the first time on the Website, Miele may carry out certain fraud checks with the cardholder’s bank and the delivery period shall only be regarded as having commenced upon completion of such checks.

·         Miele is not liable for failed deliveries as a result of the supply of incorrect or inaccurate address details.  Should Miele be required for whatever reason to re-distribute a product, a re-redistribution fee will be payable by the customer to Miele prior to the re-distribution of the product/s.  

Delivery Charges

·         The price the customer will be charged for appliance excludes the cost of delivery and where appropriate, basic connection and disposal of your old appliance.

·         Miele chosen carrier will call the customer, usually within 2 working days of customer placing the order to arrange a delivery to customer chosen address.

·         For any queries relating to customer order please email: sales@miele.co.za with the reference Purchase Order Number.

·         In the event that any of the good/s the customer has ordered are currently out of stock, Miele will inform the customer in the email confirmation and good/s will be despatched as soon as they come into stock. Any other items on the customer orders that are in stock will be despatched as soon as possible.

·         Delivery Charges

o   All orders below R 500 =  R 150 include postage and packaging

o   All orders over R 500 - R1000 =   R 250 include postage and packaging, orders over the value of R1000 please contact us for delivery fees.

·         Prices include VAT and are subject to change. Deliveries within South African borders only.

6.    Price and Payment

·         The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.

·         Value added tax at the rate set by the government of the Republic of South Africa is charged on goods bought by South African residents.

·         Miele shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Miele will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

·         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 (Pty) Ltd.

o   Payment Methods

§  Credit card payments only

§  At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If bank’s authorisation is not obtained, the order will be cancelled.

o   The credit card payment will be processed via a European Acquirer, these terms are an agreement between the customer and Miele & Cie. KG, Carl-Miele-Straße 29, 33332 Gütersloh.  For any other type of purchases, these terms are an agreement between the customer and Miele (Pty) Ltd, and goods and/or services will be delivered by Miele (Pty) Ltd directly.

7.    Promotional Voucher

Miele may make physical and/or electronic promotional vouchers (“vouchers”), as well as available on the Website from time to time.

·         Vouchers and Coupons can only be redeemed –

o   while they are valid, their expiry dates being unable to be extended;

o   on the Website towards the purchase of Miele products

·         Vouchers cannot be –

o   used to purchase other Vouchers

o   exchanged for cash or

o   transferred or assigned to any other person once already partially redeemed towards a purchase.

·         Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific Miele products listed on the Website. For example, although general Vouchers can be used to purchase any Miele products on the Website Vacuum cleaner Vouchers can only be used to purchase Vacuum cleaners on the Website.

o   Promotional Vouchers are issued electronically at Miele’s own discretion. Users do not have a right to Vouchers and Vouchers cannot be earned.

·         Vouchers are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Voucher itself –

o   a Voucher can only be used with promotional offers on the Website

o   only one Voucher can be used per shopping basket

o   the value of the Voucher will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Please note the following exception in this regard: should the value of the products in your shopping basket have qualified for 'Free Delivery', but after application of the Coupon to such basket, the remaining balance is less than the value required in order to qualify for Free Delivery, delivery costs in respect of such basket will be added and be payable by you.

·         Note that Vouchers cannot be –

o   used to purchase other Vouchers

o   used towards purchases at any affiliate website/s

o   exchanged for cash

o   transferred or assigned to any other person

8.    Warranty

·         Miele warrants that the good/s will be free from defects in materials and workmanship for a period of 24 months from delivery.

·         To the extent permitted by law, Miele's liability for the product/s, any defect in materials or workmanship, any breach of this agreement or any negligence is limited to, at Miele's option:

o   repair or replacement of the good/s;

o   payment of the cost of repairing or replacing the good/s;

o   payment of the cost of acquiring equivalent good/s.

·         To the extent permitted by law, Miele is not liable for any indirect, special or consequential loss or damage arising in any way in relation to, any manufacturing defect or use of, the product/s.

·         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 products replaced by Miele under this warranty will be deemed to be the property of Miele.

·         This Miele warranty will not apply if the product/s is rendered faulty by a factor other than a defect in materials and workmanship.

·         Customer must retain proof of purchase (receipt) in order to be eligible to make a warranty claim.

9.    Refund Policy

·         Miele does not allow returns based on customer change of mind or wrong decision after delivery.

·         The cooling-off period of seven days from the date of receipt of the goods

·         The customer can cancel the order, without reason or penalty, by notice to the supplier in writing, or another recorded manner within seven business days after the receipt of the goods.

·         Miele will refunds the customer within 30 business days after receiving written cancellation from customer if no goods were delivered; or after the customer returns/delivers the goods to Miele – all this subject to Miele reserving the right to inspect the goods and any refund authorized:

o   Can only be considered where the appliance has not be used and is in the original packaging, manuals and other accessories are still available, and it can be proved that the goods were purchased following incorrect advice from Miele or its appropriate agent.

·         When the customer returns a good/s to Miele because they have cancelled the order within the seven-day cooling-off period, Miele will process the customers refund within 30 days of the date that the customer cancelled.

o   Miele will refund customer the full price of the good/s, including the cost of sending the good/s to customer. Miele payment of customer refund does not depend on prior receipt by Miele of the returned good/s from customer.

o   However, the customer should return the good/s to Miele within 30 days of the date that the customer cancelled. The customer is responsible for the cost of returning the good/s to Miele.

·         When the customer returns a good/s to Miele after the seven-day cooling-off period for any reason (for example because customer claim that the Product is defective), Miele will examine the returned good/s and will advise customer whether customer is entitled to a refund by e-mail, within a reasonable period of time. Miele will process any refund due to customer within 30 days of confirmation of customer entitlement to a refund. Where Miele confirms that the customer is entitlement to a refund, Miele will refund customer in full for the good/s, including a refund of the delivery charges for sending the good/s to customer and the cost incurred by customer in returning the good/s.

·         Miele will usually refund any money received from customer via Electronic Funds Transfer (EFT).  Miele has accounts with ABSA, Standard Bank, Nedbank and First National Bank.

Arranging Returns

If the customer wants to return a good/s purchased from Miele for any reason permitted under this Refund Policy, the customer must in all instances first notify Miele via:

·         email at: sales@miele.co.za

·         Contact CCC: +27 860064353

Once the customer has successfully logged the return as aforesaid, Miele will issue the customer with a returns authorisation number and arrange for the collection of the product from the customer.

The customer must ensure that the good/s to be collected by the courier is packed so as to comply with the following:

·         the Product is properly protected;

·         where being returned due to being Defective, the Product is still in its original packaging, together with all accessories, instructions and documentation (if any), and in perfect condition for the purposes of resale (i.e. the product must not be damaged, scratched, soiled, and in the case of electronic hardware, the adhesive screen covers must not have been removed); and

·         aforesaid reference Number is accurately reflected on the courier’s collection slip.

 

Miele is not able to accept the return of any products which have not gone through the above process and/or are not accompanied by a valid Order Number / Reference Number. Good/s returned without a valid Order Number / Reference Number. will not have been validly returned and may be sent back to you at your expense.

Please treat products and packaging with reasonable care while in your possession. Nothing herein detracts from any right Miele may have to hold you liable for any damage you cause to a product (including its packaging) while in your possession.

10. General

Note that this Section applies to all purchases made on the Website from Miele

Defects, Returns, Refunds & Guarantees

Should the customer not be satisfied with any product purchased by on the Website, by reason of a defect, incorrect choice of product, or otherwise, the customer may under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. see Miele Refund Policy Section 9 for more details)

·         Miele appliances within guarantee (excluding Vacuum Cleaners)

o   In the unlikely event that you believe your new appliance to be faulty, please call us on 0860064353 to discuss the fault, if Miele cannot rectify the problem over the telephone, we will arrange a service visit with a Miele Service Technician, who will visit your home and inspect your appliance, replacing any failed parts and ensure it is working as intended.

·         This does not affect your statutory rights.

Sales Records

A full record of every sale and related transaction between customer and Miele shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. The customer shall thus only be able to view and print such record during such period, whereafter, the customer shall be responsible for retaining own records of the relevant sale or related transaction.

Updates to this policy

This policy will be reviewed from time to time to take account of new laws and technology, changes to operations and practises and the changing business environment. The most up- to-date version of this policy can be obtained on the Miele website or by contacting the Miele at info@miele.co.za

Disclaimer

Data on this website is provided by Miele "as is" and without warranty of any kind. Miele reserves the right to make changes or alterations to any Miele product without prior notice. Whilst Miele sincerely aims at ensuring that all information on this website is correct, this site may contain some errors or inaccuracies. Neither Miele nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website.

Furthermore, Miele makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. The customer is encouraged to report any possible malfunctions and errors via email.

Although the products sold via the Website may be under warranty, the Website itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these terms and conditions that the service available from and through this Website will meet customer’s individual requirements and be compatible with customer’s hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Miele and the customer is encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Governing Law and Jurisdiction

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of these Terms and Conditions, you and Miele submit to the non-exclusive jurisdiction of the South African courts.

Privacy

Miele shall take all reasonable steps to protect your personal information.  For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). PAIA may be downloaded from:

http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promofaccestoinfoact2.pdf

Miele may electronically collect, store and use the following of your personal information:

·         name and surname;

·         birth date;

·         gender;

·         country of residence;

·         closest city;

·         non-personal browsing habits and click patterns;

·         e-mail address;

·         mobile number (if provided by you);

·         IP address; and

·         ID number / passport number.

Miele collects, stores and uses the abovementioned information for the following purposes:

·         to greet the customer when accessing the Website

·         subject to customer consent, to inform customer of facts relating to their access and use of the Website

·         subject to customer consent, to inform you about competitions and special offers from Miele to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;

·         to verify customer identity when transacting with Miele

·         to ensure that the goods are received by the addressee.

Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.

The customer may elect not to receive any communications from Miele and/or its partners / affiliates.

Miele may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:

·         Miele shall not disclose your personal information unless –

o   you consent thereto;

o   through due legal process.

·         Miele may compile, use and share any information that does not relate to any specific individual; and

·         Miele owns and retains all rights to non-personal statistical information collected and compiled by Miele.

Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Miele suffers any damage or loss.

You agree and warrant that your log-in name and password shall:

·         be used for your personal use only; and

·         not be disclosed to any third party.

You allow Miele to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

Changes to Agreement

Miele may, in its sole discretion, change these T&C or any part thereof at any time on notice to you.  It is your responsibility to ensure that you are satisfied with the amendments.  Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.

Disputes

In the event of any dispute of any nature whatsoever arising between the customer and Miele on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Care Center of Miele, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.

Term and Termination

These Terms and Conditions shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Miele from time to time (as described above), for so long as the Website exists and is operational, Miele being entitled to terminate these Terms and Conditions and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Miele).

Copyright & other Intellectual Property Rights

Any and all copyright subsisting in the Website, including these Terms and Conditions, vests in Miele and all rights not expressly granted are reserved.

Miele cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Miele of any content that may be offensive or illegal.

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Miele and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

When you visit the Website or send e-mails to Miele, you consent to receiving communications from Miele electronically and agree that all agreements, notices, disclosures and other communications sent by Miele satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".

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