Terms & Conditions

Our terms and conditions also include legal information on your rights under the provisions on long-distance contracts and e-commerce. For all purchase agreements made on this page, the following terms and conditions apply:

Your supplier and contractor MIA MALIA is a service of:

Sabine Baresch
Engerthstraße 219

1020 Vienna
Austria

www.miamalia.com

§ 1 Scope

(1) The business relationship between MIA MALIA (hereinafter “seller”) and the customer (hereinafter “customer”) are subject exclusively to the following terms and conditions in their valid form at the time the order is placed.

(2) A consumer as referred to under these terms is any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial or independent professional activity (§ 13 BGB).

(3) Any conditions deviating from these terms that may be put forward by the customer shall not be recognized, unless the seller agrees to their validity in writing.

§ 2 Offers and specifications

(1) The presentation of products in the seller’s online shop shall not be a legally binding offer but an invitation to place an order. Service descriptions in catalogs and on the websites of the seller shall not have the character of a representation or warranty.

(2) In ordering the desired goods via the online shop, e-mail or by phone the customer makes a legally binding offer to conclude a purchase agreement. The purchase agreement is entered into once this offer has been accepted by the seller.

§ 3 The Order Process

(1) The Online Store merely constitutes an invitation to the customer to make an offer to enter into a purchase contract for the goods presented in the Online Store.

(2) The customer can make a non-binding choices from the range of the seller and collect these in a so-called cart by clicking the “add to cart” button.

(3) Before placing an order, the customer can view and amend the details of his order at any time by clicking on the "Shopping Bag & Checkout" button.

(4) After submitting his order, the customer will automatically be sent an acknowledgment of receipt by e-mail with a summary of the details of his order. This automatic acknowledgment of receipt does not constitute acceptance of the customer’s offer by the seller; it merely documents the fact that the seller has received the customer’s order.

(5) A binding contract of sale is first concluded when the seller accepts the customer’s order. The seller is entitled but not obliged to accept the customer's offer within 7 days from its receipt. The seller declares its acceptance by sending the customer a dispatch confirmation by e-mail (also referred to as the "Contract Confirmation").

(6) If several items are included in an order, a contract is only concluded in respect of the items expressly mentioned in the contract confirmation.

(7) The foregoing also applies where, due to his selected method of payment, the customer has already paid the purchase price or given payment instructions before the conclusion of the contract. If for any reason no contract is concluded, the seller will notify the customer of this by e-mail (in the case of contractual acceptance in respect of part of the order, it will do this together with contract confirmation in respect of available items), and refund the customer the pre-payment without delay.

(8) The customer's statutory right of withdrawal (see § 7) remains unaffected by the preceding provision.

(9) The contract is concluded in English. The seller will save a copy of the contract wording (consisting of the order, the general terms and conditions and the contract confirmation), and forward it to the customer.

§ 4 Delivery, Delivery Times, Availability of Goods

(1) Unless agreed otherwise, the goods will be delivered to the customer at the delivery address provided. The seller will notify the customer of the delivery time, where appropriate, during the order process, and in the dispatch confirmation. Unless otherwise stated, delivery time for standard deliveries will be approximately 2 to 5 business days from the contract confirmation within the European Union and approximately 5 to 10 business days outside of the European Union. Further information about the carriers used and the delivery process may be viewed on the Online Store's information pages.

 (2) If the seller is unable for unforeseen reasons to meet a binding delivery deadline, it will inform the customer without delay and, where applicable, specify a new estimated date of delivery. If the new delivery time is unacceptable to the customer or the goods are also not available within the new delivery time or not available at all, either party will be entitled to rescind the contract in respect of the goods concerned; in this case the seller will give the customer a refund for any payment already made. Any statutory rights of the parties will remain unaffected.

§ 5 Prices and Delivery Charges

(1) All the prices listed on the seller’s website are end prices plus shipping costs where applicable. The invoice shall be issued without mention of VAT, based on § 19 UStG.

 (2) The seller will notify the customer, where applicable, of the delivery charges on the order form immediately before the order is placed. The customer will bear the notified delivery charges. Delivery charges are as follows: 0,00 € within the European Union and 10,00 € for international delivery.

§ 6 Payment

(1) The Seller only accepts the methods of payment shown during the order process.

(2) For orders we offer payment by credit card.

(3) If the customer prefers another payment method he needs to contact us per mail at hello@miamalia.com. We reserve the right to evaluate any other payment option individually and to exclude certain payment for certain clients.

(3) If you are paying by credit card, the value of the order will be debited from the account upon order completion.

(4) If you are paying via SOFORTbanking you only need the account number, bank code, PIN and TAN. Via the secure, for the trader not accessible payment form of SOFORT GmbH, the SOFORT GmbH is instantly transferring in real time to your online bank account. The purchase amount is immediately transferred to the merchant´s account. If you select the payment method SOFORTbanking, a pre-filled form is automatically opening. This already includes our bank details. Moreover, the transfer amount and intended use are already displayed in the form. You need to select the country where you are having your bank account and enter the bank code. Then enter the same data as during the Sign up for the online banking (account number and PIN). Confirm your order by entering the TAN. Immediately after you receive the confirmation of the transaction. Basically every internet user can use the SOFORTbanking, if he has an unlocked online banking account with PIN/TAN procedure. Please note that a few banks do not offer the SOFORTbanking procedure. To check whether your bank is offering the SOFORTbanking procedure please use the following link: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/

§ 7 Gift Cards

MIA MALIA and Virtual Gift Cards are sold subject to the following terms and conditions:

(1) Gift Cards are valid for 12 months from date of purchase.

(2) Gift Cards can be redeemed against all products on www.miamalia.com.

(3) Gift Cards may not be returned or redeemed for cash.

(4) If your order total is less than the value of the Gift Card, the remaining balance will stay credited and will be redeemed against subsequent orders. In this case please contact our support via hello@miamalia.com

(5) If your order exceeds the value of the Gift Card the exceeding amount must be paid additionally.

(6) If you return products you have purchased using a Gift Card, the remaining balance will stay credited and will be redeemed against subsequent orders.

(7) Gift Cards will be send to the buyer once the full order has been processed and payment has been taken.

(8) MIA MALIA is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.

(9) MIA MALIA reserves the right to cancel a Gift Card if we deem such action necessary.

(10) Shipping is applicable on any products purchased with a MIA MALIA Gift Card.

§ 8 Discount codes

(1) Multiple discount codes can not be combined for a purchase.

(2) Discount codes can not be used for products which are already on sale.

§ 9 Retention of Title

The goods remain the property of the seller until the customer has paid the purchase price in full.

§ 10 Right of Withdrawal

(1) Consumers as defined in § 13 German Civil Code have a legal right of withdrawal in the case of goods bought at a distance. In accordance with the legal provisions, we would like to inform you about this right as follows:

(2) You have the right to withdraw from this contract within fourteen days without giving any reason. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before the fulfilment of our obligations under Article 246 §2 in connection with §1 paragraph 1 and 2 draft law and our obligations according to §312e Section 1 Clause 1 German Civil Code in conjunction with Article 246 §3 German Civil Code. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement. To exercise your right of withdrawal within the withdrawal period, it is sufficient for you to send an email at hello@miamalia.com.

(3) If you withdraw from this contract, we shall reimburse to you all payments received from you, but not including the costs of delivery if any, without undue delay and in any event not later than 14 days from the earlier of the day on which we receive the returned goods from you. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise with you; in any event, we will not impose any fee for such reimbursement.

(4) Customers are kindly asked to send the goods as a prepaid package back to the seller and keep the mailing receipt. We will not bear the cost of returning the goods for you.

(5) You shall send back the goods or hand them over to us without delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us (see above). The deadline is met if you send back the goods before the period of fourteen days has expired.

(6) Customers are kindly asked to avoid damage or contamination of the product. Goods should be sent back to the seller incl. all accessories and if possible in their original packaging. If the original packaging is no longer available, another suitable package should be used to ensure adequate protection against damage in transit and to avoid any damage claims because of damage due to faulty packaging.

(7) Exclusion of the Right of Withdrawal: The right of withdrawal does not apply to goods that are produced according to customer specifications or clearly tailored to personal needs.

§ 11 Warranties

The Customer has certain rights under the law. These include:

(1)  that any products supplied by the seller will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on the Online Store and

(2) certain remedies if a product is defective.

Nothing in these General Terms and Conditions is intended to affect these rights. The seller will only be liable for loss or damage in accordance with the provisions of § 9.

§ 12 Liability

(1) The seller does not exclude liability for fraud or for death or personal injury caused by its negligence or that of its employees or agents.

(2) The seller is not responsible for losses and damage that the customer might suffer which are: - not caused by the seller’s breach of these General Terms and Conditions; - a side effect of the main loss or damage and which are not reasonably foreseeable by you and us when the customer begins to use the website; a result of the seller’s failure to provide the website (or any part of it) or withdrawal of products from the website or a result of our refusal to accept an order for any reason; - caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to the customer’s use of the website (including your downloading any content from the website or any website linked to it); - failure by the seller to meet any of its obligations where it is prevented from doing so by events beyond its control (including, but not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity).

§ 13 Choice of Law and Jurisdiction

(1) Contracts between the seller and the customer as well as these General Terms and Conditions are governed by the laws of Germany. Berlin is the exclusive place of jurisdiction for all disputes arising indirectly resulting disputes.

(2) The contractual language is English.

(3) These terms and Conditions as well as the further relationship between MIA MALIA (represented by Sabine Baresch) and the customer are subject to German law. The CISG does not apply.

 

Effective Date: November 10, 2016