Terms & Conditions

Vendor

MiaCara GmbH & Co. KG
Managing Director: Sebastian Zweig

Am Behälterberg 1
D-91074 Herzogenaurach
GERMANY

Phone.:  +49 (0)9132-791 7409
Fax:        +49 (0)9132-791 7408
E-Mail:   info@miacara.com

Tax ID Number: DE 229332586

1. Scope

1.1 For the business relationship between the customer and MiaCara – we only sell to end consumers – for orders through this webshop only the following Terms & Conditions (terms) are applicable in their most current version at the time of placing an order. Deviating provisions apply only if they are confirmed in writing by MiaCara. The customer can look up our terms at any time under www.miacara.com/terms.

1.2 End consumer in terms of these terms & conditions shall mean any natural person resident in Germany or the EU and Switzerland, with which we enter into a business relationship and not a commercial business or an independent professional activity.

2. Formation of Contract

2.1 A contract is concluded only with customers who are over 18 years of age and are legally competent. An exception to this rule applies only if a prior written approval of the legal representative is present at MiaCara at the time of placing the order by the customer.

2.2 The customer can place the selected product into the shopping cart without any obligation by clicking the “Add to cart” button. The customer may view the content of the shopping cart, at any time by clicking the button “Cart”. The products can also be removed from the shopping cart by clicking on the symbol “x” (remove item). If the customer wants to buy the products in the shoping cart, he clicks the button “Proceed to Checkout”. In the further course of the transaction process the customer then enters his personal data, which at any time can be changed by clicking the “Back” button. The required fields are marked with an „*“. No registration is required. The data will be encrypted before being transfered. After entering the data and selecting the shipping method and payment option the customer reaches the order review in which he can check his entries again. By clicking the button “Buy“ the order process will be completed. The order process can also be aborted at any time by closing the browser window. During the ordering process, the customer can always see the options he selected.

2.3. Only when placing an order the customer gives a binding offer to conclude a purchase contract. The order receipt  or any status reports subsequently sent by MiaCara do not represent acceptance of the offer. MiaCara accepts the offer by the customer either by an explicit acceptance letter, sending an invoice – via e-mail or by mail, or by sending the ordered goods and the confirmation of shipment to the customer.

3. Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.

To exercise the right of withdrawal, you must inform us (MiaCara GmbH & Co. KG, Am Behälterberg 1, 91074 Herzogenaurach, Germany, Phone.: +49 (0)9132 791 7409, Fax: +49 (0)9132 791 7408, Email: info@miacara.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached standard withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us (MiaCara GmbH & Co. KG, Am Behälterberg 1, 91074 Herzogenaurach, Germany), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to evaluate the nature, characteristics and functioning of the goods.

Standard withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

– To
MiaCara GmbH & Co. KG
Am Behälterberg 1
D-91074 Herzogenaurach
Germany

Phone: +49 (0)9132 7917409
Fax:      +49 (0)9132 791 7408
Email: info@miacara.com

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

– Ordered on (*)/received on (*),

– Name of customer(s),

– Address of customer(s),

– Signature of customer(s) (only if this form is notified on paper),

– Date

___________
(*) Delete where applicable.

4. Non-binding Return Recommendations

Without the customer being required to do so, MiaCara recomend the following return options for the exercise of the right of withdrawal (see point 3 of these Terms & Conditions):

4.1 To allow a quick settlement of the return, prior to returning the goods the customer should announce it by calling the follwowing number +49 (0) 9132-719 7409 or by email to info@miacara.com.

4.2 When making use of his right of whithdrawal the customer can return the goods within Germany comfortably by printing out a return form and using the return label available on the MiaCara DHL return portal. To commission the return please click on thislink.

5. Prices, Shipping Cost, Payment

5.1. All prices are quoted in Euro and, where appropriate, are inclusive of German sales tax (VAT) but exclusive of delivery charges. For an overview of shipping costs please refer to  „Payment & Shipping“ on our website. Any import duties or taxes and customs or clearance charges that are payable in the recipient’s country are solely the responsibility of the recipient.  They will not be refunded by us should you wish to cancel your order or to return any goods to us for exchange or refund.

5.2. All payments must be in Euro. We accept payment by bank transfer (pre-payment) and PayPal. You can choose between different payment options during the ordering process. In case of pre-payment you are asked upon receipt of the order confirmation to transfer the balance due to our bank account, stating the order number. PaPpal payments will be debited to your PayPal account when you check out.

6. Delivery

6.1 Delivery will be made with the shipping company DHL, or another provider of our choice. Should it be proven that the customer transmitted incorrect address information and thereby additional costs have incurred, the customer will have to pay for them. It must be ensured that the consignee is present on the day of delivery or a neighbour can accept delivery. DHL will try to deliver the goods only twice. Then the goods will be returned to MiaCara. The customer has to bear costs for re-shipping.

6.2. In case of partial delivery of goods, which is caused by MiaCara or was offered to the customer, subsequent deliveries are free of charge. In case of partial delivery explicitly requested by the customer shipping costs are calculated according to Section 5.1 for each partial delivery.

6.3. To ensure compliance with our statutory duties under § 6 VerpackV (Verpackungsverordnung – the German Regulation on Packaging) in respect of the sales packaging that we fill with goods and distribute to end consumers, our company has joined the Take-Back System operated nationwide by Landbell AG, Mainz. Further information can be found on the website of Landbell AG.

6.4. To ensure compliance with our statutory duties under section 13 g (2) AWG 2002 (Austrian Waste Management Act of 2002) in respect of the packaging subject to licensing obligations that we put into circulation, our company has joined the collection and recovery system of Landbell Austria GmbH which is operating nationwide. Further information can be found on the website of Landbell Austria GmbH.

7. Delivery Times

7.1. The delivery times are 2 to 3 working days after order is received. In case of pre-payment, the goods will only be delivered to the customer after receipt of full payment of the final price indicated on the invoice. Therefore in this case the delivery time starts only the day the payment is received.

7.2. Should there be changes to the anticipated dispatch or delivery date after the order was placed, the customer will automatically be informed by e-mail. The customer then has, if he is an end consumer as per Section 1.2, the right to cancel his order or to make changes any time before dispatch of the goods, if not expressly agreed otherwise between the customer and MiaCara.

8. Retention of Title

The goods delivered remain the property of MiaCara until full payment of the purchase price and all claims arising from the contract.

9. Complaints and Warranty

9.1. The illustrations on the website of MiaCara are not binding, the images may vary slightly from the actual shapes and colours of the goods depending on screen settings. After updating our line there may be changes in the appearance of the product and their features. This is no ground for claims insofar as the changes are considered reasonable for the customer.

9.2  Wearout and willfull destruction by the dog are excluded from our warranty.

9.3  The customer shall indicate obvious defects within 4 weeks after delivery of the goods in writing to MiaCara.

9.4  The customer has the choice between supplementary performance by repair or by replacement. MiaCara is entitled to refuse the type of supplementary performance selected by the customer, if it is only possible with disproportionate costs and the other type of supplementary performance is without significant disadvantages for the customer. During supplementary performance the reduction of the purchase price or cancellation of the contract by the customer are excluded. After a second unsuccessful attempt a repair is considered failed, unless there is something particular about the type of object or defect or other circumstances indicate otherwise. Should the supplementary performance be unsuccessful, or if we have refused the supplementary performance alltogether, the customer can either demand a reduction of the purchase price or withdraw from the contract.

9.5 Should the customer decided to withdraw from the contract, the mutually received benefits and any benefits derived (e.g. interest), if applicable, are to be restituted by either side. If the customer is unable or partially unable to restitute the goods to us or can only restitute it in a deteriorated condition, then he has to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the goods – as for instance in a retail store – or putting the goods to its intended use.

9.6 The customer can make claims for damages due to defects according to the following conditions only when the supplementary performance has failed or we have refused the supplementary performance. The customer’s right to claim further damages to the following conditions remain unaffected.

9.7 Notwithstanding the foregoing provisions and the following limitations of liability MiaCara is fully liable for damage to life, limb or health caused by a negligent or willful breach of duty of our legal representatives or agents, as well as for damages that are covered by liability under the Product Liability Act, and for all damages caused by intentional or grossly negligent breach of contract and bad faith of our legal representatives or agents. As far as we have given a guarantee on the goods or parts thereof on quality and / or durability, we shall also be liable under this warranty. For damages based on the lack of guaranteed quality or durability, that do not directly occur on the goods, we are only liable if the risk of such damage is explicitly covered by our quality and durability warranty.

9.8 MiaCara is also liable for damages caused by negligence where such negligence affects the breach of contractual obligations, whose compliance are of particular importance for the purpose of the contract (cardinal obligations). MiaCara, however, is only liable, if the damage is typically associated with the contract and foreseeable. In case of simple negligent breaches of non-essential accessory obligations, we shall not be liable. The limitations on liability contained in sentences 1 – 3 do also apply, where liability for the legal representatives, officers and other employees is concerned.

9.9 Any further liability is excluded, regardless of the legal nature of the claim. Insofar as our liability is excluded or limited, this applies also to the personal liability of our officers, employees, representatives and agents.

9.10 The warranty period is 2 years starting with the transfer of risk. This deadline also applies to claims for compensation for consequential damages, so far no tort claims are asserted.

10. Online Registration, Access Data

10.1. After registration a user account is created for the customer. The customer will be notified about the necessary access and user data (hereinafter including the password called “access data”). MiaCara is entitled to later change the access data of the customer. In this case, the customer will be informed immediately of the new access data.

10.2. The customer is responsible for the protection of the access data. The access data must be kept confidential and, subject to a written agreement from MiaCara, must not made accessible to third parties. The customer is aware that third parties have the possibility to place orders on behalf of the customer with MiaCara, if they have knowledge of the access data. If the customer finds out or has the suspicion that third parties use his access data, he is obliged to change it immediately, or should that not be possible, to inform MiaCara without delay.

10.3. If there is reasonable suspicion of abuse of the access data of the customer, especially if this was reported by the customer, MiaCara is entitled to block the access immediately. MiaCara will notify the customer immediately about this blocking.

10.4. MiaCara is not liable for damages suffered by the customer arising from misuse or loss of access data. This does not apply if the damage was caused intentionally or through gross negligence. The disclaimer also does not apply to damages resulting from injury to life, limb or health, if MiaCara is responsible for the breach of duty.

11. Privacy Policy

The privacy policy of MiaCara is consistent with the Federal Data Protection Act (BDSG) and Telemedia Act (TMG). All information regarding the collection, processing and use of personal data of users are found in the Privacy Policy on our website.

12. Copyrights and Trademarks

All designs, text, graphics and other contents or arrangements of this website in whatever format belong to MiaCara or its licensors. All rights are reserved. The trademarks and logos displayed on the website are the registered and unregistered trademarks of MiaCara and its licensors. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without written permission from MiaCara or such third party that may own the trademarks displayed on the website. By using the Website you agree to respect the intellectual property rights of MiaCara and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the website. You may, however, download material that is required for the sole purpose of assisting you in placing an order. Such downloaded material may not be used for any purpose other than to assist you in placing an order. You may not create any links to our website from another website without our express written consent.

13. Final Provisions

13.1 These Terms & Conditions and all legal relationships are subject to the laws of the Federal Republic of Germany excluding the UN Convention on contracts (CISG).

13.2 If any provision of these Terms & Conditions is or will become invalid or is incomplete, the remaining provisions shall remain unaffected.

August 2017