Miele General Terms and Conditions for Professional Repairer
1. Scope of Application, Contract Language, Saving of the Contract Text
1.1 These Miele General Terms and Conditions for Professional Repairer (Terms) shall apply to:
the use of the Miele Professional Repairer Store (the Store);
the purchase and/or ordering of (1) Miele spare parts for Professional Repairer (Parts), (2) Miele software and other digital products for Professional Repairer (Digital Products) and (3) free-of-charge and chargeable access to repair and maintenance information for Professional Repairer (Services) via the Store.
1.2 We are MIELE APPLIANCES S.R.L , with the Head Office in Bucharest, District 1, Piata Presei Libere, np. 3-5, registered to the Registry of Commerce with the nr. J40/3702/2014, Identification Code RO 22053790 .
1.3 Orders may be placed only by You, a Professional Repairer, who is business operator within the meaning of § 2 of G.O. no. 21/1992 republished, with further modifications and completions, or a legal entity under public or private law within the meaning of § 189 Civil Code –, however, in no case, a consumers within the meaning of § 2 of G.O. no. 21/1992 republished (Professional Repairer or You). We will not accept any terms and conditions of the Professional Repairer.
1.4 This Contract shall be executed in English and Romanian. In case of any discrepancies between the two versions the Romanian version shall prevail..
1.5 Please read these Terms carefully before You submit Your order to us. These Terms tell You who we are, how we will provide Parts, Digital Products and Services to You, how You and we may change or end the contract, what to do if there is a problem and other important information. If You think that there is a mistake in these Terms, please contact us to discuss. These terms are available in the Store. You may review these Terms and Your previous orders in Your customer account in the Store. You may also review, download, save and print the Terms on this same page.
2. Prerequisites for the use of the Store
2.1 You need a registration and an account for the Store in order to use the Store. After entering Your data, You can end the registration process by clicking the “Register” button and a registration application will be automatically send to Miele. Miele decides on the acceptance of the registration application at its own discretion. Miele is entitled to require the Professional Repairer to demonstrate that (i) the Professional Repairer has the technical competence to repair domestic appliances and complies with the applicable regulations for repairers of electrical equipment in the Member States where it operates and (ii) the Professional Repairer is covered by insurance covering liabilities resulting from its activity regardless of whether this is required by the Member State. Miele shall accept or refuse the registration within five (5) working days form the date of the request. If Miele accepts the registration application, Miele will confirm Your successful registration on the Store or by e-mail. Upon successful registration, an account is created for You and You can login by using Your access data (e-mail address and password).
2.2 In order to use our Digital Products and/or Services, You have to ensure that You fulfil all prerequisites stipulated for the respective Digital Product or Service. You will find all specific prerequisites for Digital Products and/or Services in the respective description for the Digital Product or Service.
3. Conclusion of Contract and Correction of Input Errors
The availability of our Parts, Digital Products and Services in the Store do not constitute a legally binding offer, but an invitation to place an order. You may put any particular Part, Digital Product and/or Service into the virtual shopping basket by clicking on the button “into the shopping basket”, without making an offer to order. The selected Parts, Digital Products and Services may be checked and changed at any time. Before placing Your order, You may put further Parts, Digital Products and Services into the shopping basket or remove them, by selecting the waste basket symbol and thus deleting them from the shopping basket. Your order for the Parts, Digital Products and Services listed on the order site will be binding once You click on the “Buy now” or “Order now with obligation to pay” Button. Our acceptance of Your order will take place when we email You to accept it or by sending You a separate Order Acknowledgement within five days after Your order at the latest, at which point a contract will come into existence between You and us.
4. Parts, Digital Products & Services
4.1 You will find details on the respective Parts, Digital Products and Services, including information about the respective license/service terms for Digital Products and Services and specific prerequisites for the respective Digital Product or Service in the Digital Product / Service Description as made available in the Store.
4.2 The images of the Parts, Digital Products and Services on our Store are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Parts, Digital Products and Services. Your Part, Digital Product or Service may vary slightly from those images.
4.3 You are only allowed to purchase Parts and to use and distribute such Parts or make such Parts otherwise available to any third Party in order to render services within the scope of a service contract with your customer. For the avoidance of doubt, it shall be clarified that any commercial distribution of Parts and any other commercial exploitation of the Parts beyond the aforementioned scope is expressly prohibited.
4.4 Miele retains title of delivered Parts until receipt of all payments arising out or in connection with the business relationship between You and Miele. If You are in default of payment, Miele shall be entitled to take possession and to utilize delivered Parts upon expiration of an appropriate period determined by Miele. Profit of exploitation will be credited for Your outstanding debts deducting appropriate expenses for exploitation. You may use and sell Parts only in the course of Your regular business and according the provision set forth in Sec. 4.3 above. You shall not be entitled to pledge Parts or use them to secure third party claims. You hereby assign to Miele all claims arising from the sale of Parts to third parties in the amount of the Parts already delivered to You. Miele hereby accepts such assignment. In case the total value of Miele’s security interests exceeds the value of all secured claims by more than twenty (20) % any surplus of such security interests shall be released on Your request. You shall notify Miele immediately in the event Parts are or will be pledged or otherwise claimed by any third party. You shall be liable for all costs and expenses of Miele incurred by aby third party action against execution in pursuance of § 888 of Code of Civil Procedure (§ 888 RO).
4.5 Miele warrants that the Parts comply with the specifications expressly stated by Miele at the time when risk of loss or damage of such Parts passes to You. In case of any significant failure of a Part to meet the specification expressly stated by Miele (“Defect”), Miele will - subject to your compliance with the notification obligations set forth below - at its sole reasonable discretion repair the Part that has a Defect or replace the Part by a refurbished Part. If Miele is unable to remedy the Defect within two (2) attempts, You are entitled to terminate the respective order of the defective Part. You are obligated to inspect delivered Parts immediately upon receipt. You are only entitled to claim for remedies due to the delivery of a defect Part if you notify Miele in writing without delay. Notification of such claims shall be considered without delay when they will be submitted within two (2) weeks after delivery. Hidden defects must be notified in writing without delay upon their discovery, however, in any event, at the latest twelve (12) months after receipt of the delivery of the respective Part. If You fail to provide a proper and timely notification, our liability for the non-reported remedies is excluded. Sec. 10 shall remain unaffected.
Use of the Digital Products and Enduser License Agreements
4.6 We generally offer our Digital Products on the basis of a fixed license term of one (1) month or twelve (12) months, subject to Your order and proper payment of the license fees charged for the Digital Product and Your strict compliance with this Terms, the Enduser License Agreement (EULA) which is made available on the respective Digital Product pages and which must be accepted in order to use the Digital Products and all applicable laws. Your fixed license term for the respective Digital Product will automatically expire at the end of the term. However, You are free to re-order the Digital Product in the Store given that the Digital Product is still available.
Use of the Services and service terms
4.7 Unless otherwise stipulated in this Terms or in the respective Service descriptions or expressly agreed upon between You and us, we provide You with the respective Service (= limited, non-exclusive, revocable and non-transferable right to access the Repair and Maintenance Information) for the agreed amount of (1) named user, subject to Your order and proper payment of the fees charged for the Services and Your strict compliance with this Terms and all applicable laws.
4.8 We generally offer our Services on the basis of fixed service term of one (1) month or twelve (12) months. Your fixed service term for the respective Service will automatically expire at the end of the term. However, You are free to re-order the Service in the Store given that the Service is still available.
4.9 You acknowledge and agree to the following restrictions and warrant that You will not encourage or facilitate any third party to violate these restrictions.
You shall not distribute, sell, rent or otherwise license or sub-license the Services without our prior approval;
You shall not use the Services with more users as You are allowed to;
You shall not use the Services for any illegal purposes or in any way which could violate these Terms or any applicable law;
You shall not transmit any malware, defects or any other items of destructive nature or any other items which could threat the Services or any other products and/or services made available by Miele, to any servers or networks connected with any products and/or services made available by Miele;
You shall not translate, decompile, copy, reverse engineer, create derivative works or otherwise modify the Services.
5. Activation of Digital Products and Services
After our acceptance of Your order, the Digital Product and/or Service will be activated for Your use. As regards our Digital Products, You will receive a link where You can find and download the installation files for the respective Digital Product.
6. Terms, Conditions and Periods of Delivery for Parts
6.1 Delivery is executed by our external delivery partners. Delivery times for individual Parts are on the checkout page.
6.2 We will dispatch the Parts after acceptance of Your order. The delivery period begins from the first working day after acceptance of your order.
6.3 We make deliveries only within Romania.
6.4 If we are impeded from executing the order due to strike, lock-out, force majeure, shortfall of workforce without fault, unforeseeable delays by sub-suppliers, interventions by authorities, unpredictable acts by third parties not acting on our behalf, technical conditions beyond our control and any other events that are unforeseeable and beyond our responsibility, the times of delivery shall be deemed as being extended by the time the impediment lasts. We will inform you about the beginning and end of any such impediment without delay. If the impediment delays the delivery by more than one month, you and we shall both be entitled to end the contract with respect to the Parts affected by the default in delivery.
6.5 If, in exceptional cases, an item should not be available from stock, we will inform you immediately and advise you of a scheduled date of delivery or propose that we supply a comparable Part. In the event you should not be agreeable with that date of delivery or should not wish to receive delivery of a comparable Part, the purchase will be cancelled and will refund you any sums already paid in case they have been paid.
7. Prices and Means and Conditions of Payment
7.1 The registration and use of the Store as well as some specific Services are free of charge.
7.2 The prices stated for our Parts, Digital Products and chargeable Services on the product and service pages in the Store are net prices, excluding the legal VAT and without any delivery costs. You may see the delivering costs from the check-out page. The delivery costs are stated on the check-out page next to the price quotation.
7.3 The prices stated for our Digital Products and Services are defined as one-time payments.
7.4 You have the choice between the following means of payment: Invoice.
7.5 If You opt for payment by invoice, You will receive an invoice after the conclusion of the respective contract. Invoices are due for payment within fourteen (14) days after receipt of the invoice.
7.6 You are obligated to ensure the validity of Your selected payment method and to keep Your payment data up-to-date.
7.7 You shall not be entitled to offset any payment against our accounts receivable, unless Your counter-claims have been legally established or are uncontested. You shall also be entitled to offset payments against our accounts receivable if You assert notices of defect or counter-claims from the same purchase contract, in […] days term.
8. Data Privacy
8.1 For processing of the order, we collaborate with various companies for instance in charge of payment processing and logistics. At the same time, we make sure that our partners observe the applicable provisions in terms of data privacy as well.
8.2 Depending on the payment mode selected, the payment transaction for purchase orders will be accomplished by the intervention of a competent service provider, if required.
8.3 For more detailed information on data privacy, please refer to our Data Privacy Statement.
9. Reservation of changes
We may, at our own discretion, change and/or supplement the scope of our Digital Products and Services at any time with future effect for the purpose of further development of our Digital Products and Services and for security reasons, unless this is unreasonable for You. We shall inform You in due time about any changes of our Digital Products and Services by e-mail or in the Store if and insofar a change has significant impact on the scope of our Digital Product and/or Service.
10. Limitation of Liability
MIELE SHALL BE LIABLE FOR DAMAGES CAUSED BY INTENT, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THE ROMANIAN LAW WITH REGARD TO THE PRODUCT LIABILITY REGARDING DEFECTIVE PRODUCTS. IN THE EVENT OF SLIGHT OR MINOR NEGLIGENCE, MIELE SHALL ONLY BE LIABLE FOR DAMAGES TO LIFE, HEALTH OR PERSONAL INJURY. IN ALL OTHER CASES OF SLIGHT OR MINOR NEGLIGENCE, MIELE SHALL BE LIABLE INSOFAR AS MIELE BREACHES OR VIOLATES AN OBLIGATION WHICH IS ESSENTIAL FOR THE PROPER IMPLEMENTATION OF THIS TERMS AND ANY FURHTER AGREEMENT CONCLUDED UNDER THIS TERMS AND OF WHICH YOU RELY ON OR MAY REGULARLY RELY ON – IN SUCH EVENT, MIELE’S LIABILITY TO YOU SHALL BE LIMITED TO THE TYPICAL FORESEEABLE DAMAGE UNDER THIS TERMS. FURTHER CLAIMS FOR DAMAGES CAUSED BY SLIGHT OR MINOR NEGLIGENCE ARE EXCLUDED.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12. Applicable Law
The Romanian law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall apply. The exclusive place of jurisdiction for all disputes arising from or in connection with this Terms shall be the courts from MIELE’s headquarter.