1. AN AGREEMENT
1.1 An agreement will be made between Miele and the Customer for the purchase of the Product/s as specified in the Order if and when Miele issues an Order Confirmation to the Customer in respect of that Order. For the avoidance of doubt, Miele shall not be under any obligation to accept any Order; a binding contract results only when an Order Confirmation is issued by Miele to the Customer via email at the email address provided by the Customer in the Order.
1.2 The agreement between Miele and the Customer ("Agreement") comprises the Order, the Order Confirmation, these Terms and Conditions and any Additional Terms as may be specified by Miele. These Terms and Conditions would apply to Product/s supplied by Miele and ordered from Miele’s website at shop.miele.my (the "Website").
1.3 The Customer is advised to read these Terms and Conditions carefully before placing an Order for the Product/s. The Customer will be asked to accept these Terms and Conditions before placing the Order. By clicking the ‘Accept’ button, it is deemed that the Customer has read, understood and agreed to the terms provided in these Terms and Conditions. Miele reserves the right to change these Terms and Conditions without prior notice at any time, at Miele’s sole discretion.
1.4 If the Customer is an individual, the Customer must be at least 18 years old to place an Order from the Website. By accepting these Terms and Conditions, the Customer is representing and confirming that he/she is aged 18 years and above at the time the Order is placed.
2.1 "Additional Terms", for an Agreement, means any additional terms and conditions issued by Miele in writing before or upon issuing the Order Confirmation to the Customer for that Agreement.
2.2 "Agreement" means the agreement entered into between Miele and the Customer as defined in clause 1.2.
2.3 "Customer" means the person or entity whose name and address appears on an Order as the purchaser of the Product/s.
2.4 "Delivery Time" shall have the meaning ascribed to it in clause 6.8.
2.5 "Delivery Date" shall have the meaning ascribed to it in clause 6.2.
2.6 "Extended Warranty Period" shall have the meaning ascribed to it in clause 8.3.
2.7 "General Warranty Period" shall have the meaning ascribed to it in clause 8.2.
"Miele" means Miele Sdn Bhd., a company incorporated in Malaysia and having its registered address at Lot 6.05, Level 6, KPMG Tower, 8 First Avenue, Bandar Utama, 47800 Petaling Jaya, Selamgor, Malaysia.
2.8 "Order" means an order placed by the Customer to Miele for the purchase of the Product/s.
2.9 "Order Confirmation" means, in respect of an Order, the written confirmation issued by Miele accepting that Order.
2.10 "Price" for the Product/s means the purchase price as specified in the Order Confirmation.
2.11 "Product/s" means the Miele product/s referred to in an Order.
2.12 "Request" shall have the meaning ascribed to it in clause 6.10.
2.13 "Website" shall have the meaning ascribed to it in clause 1.2.
The Price payable by the Customer to Miele for the Product/s is (except in the case of obvious error) the price specified in the Order Confirmation. The Price is inclusive of prevailing GST.
4.1 Prior to delivery of the Product/s, full payment of the Price is required from the Customer by the payment due date specified in the Order Confirmation.
4.2 Payment for the Product/s may be made by major credits cards (e.g. Visa / MasterCard) or such other mode acceptable to Miele. All deliveries are subject to prior payment of the Price and the costs of delivery.
5. DEFAULT IN PAYMENT
If the Customer fails to make any payment when due after the Order Confirmation is issued, the Customer agrees, without prejudice to any other right or remedy of Miele, to reimburse Miele for all reasonable costs and expenses incurred in relation to the outstanding debt and pursuing payment of it.
6.1 Subject to the availability of the Product/s, Miele will deliver the Product/s to the location specified in the Order. For the avoidance of doubt, deliveries shall only be made to addresses within Malaysia. Where no location is specified, Miele will deliver the Product/s to the Customer’s address as set out in the Order.
6.2 Subject to clause 6.3, the delivery date will be the date specified as such in the Order or, if no date is specified, such alternative delivery date as the Customer and Miele later agree on ("Delivery Date").
6.3 Miele will use reasonable commercial endeavours to deliver the Product/s on the Delivery Date in accordance with clause 6.2 but time of delivery is not of the essence to the Agreement. If Miele is unable to deliver the Product/s for any reason including inventory shortage, transportation difficulties or otherwise, it will inform the Customer as soon as practicable either by telephone or through the email address provided by the Customer and use reasonable commercial endeavours to deliver the Product/s within a reasonable period after the Delivery Date. The Customer agrees that Miele shall not be liable for any cost/expenses/damages for delays in delivery. There will be no delivery on Public Holidays.
6.4 If Miele does not deliver the Product/s within 30 days of the Delivery Date, by reason of a cause within Miele’s reasonable control, the Customer may give five (5) business days notice of termination of the Agreement to Miele at email@example.com. If the Product/s is not delivered within such notice period, the Agreement shall terminate on expiry of such notice period.
6.5 If the model of the Product/s is discontinued or superseded and not available for delivery on the Delivery Date, Miele will notify the Customer prior to the Delivery Date that:
(a) Miele is prepared to supply a model of equivalent or superior standard, and specify that model and any addition to the price for the model change; or
(b) there is no equivalent model available and the Agreement is therefore terminated with immediate effect.
6.6 If the Customer accepts Miele’s offer of an alternative model in accordance with clause 6.5(a), the Product/s and the Price will be taken to be varied in accordance with Miele’s offer. If the Price is not paid in accordance with the terms of the varied order, the Agreement is thereby terminated with immediate effect.
6.7 Upon termination of the Agreement under clauses 6.4, 6.5 or 6.6, Miele shall within 30 business days refund to the Customer any payment that may have been received by Miele in the manner to be advised by Miele.
6.8 Miele will deliver the Product/s at a time agreed by Miele and the Customer ("Delivery Time"). In the event that the Customer is not present to accept delivery of the Product/s at the Delivery Time on the Delivery Date, the Customer will be liable to pay Miele a fee to have the Product/s re-delivered at a new Delivery Time and on a new Delivery Date, as arranged by Miele and the Customer. This re-delivery fee is payable by the Customer prior to Miele re-delivering the Product/s at the new Delivery Time on the new Delivery Date.
6.9 Where a Customer does not confirm a Delivery Time within one (1) month of purchase of the Product, or where the Customer re-schedules a Delivery Time to a date more than one (1) month after the original scheduled Delivery Time, Miele may, except where Miele has agreed in writing with the customer not to do so, require the Customer to pay such amount of storage and/or administrative fees as may be informed to the Customer by Miele.
6.10 Subject to clause 6.14 and clause 8, Miele may, in its discretion, accept a Customer’s written request for an exchange of the Product/s or a return of the Product/s and a refund of the Price (the "Request") provided:
(a) the Request is sent by email to firstname.lastname@example.org within five (5) business days of the Delivery Date;
(b) a brief written explanation to be sent by email to email@example.com within five (5) business days of the submission of the Request;
(c) the Product/s is in re-saleable condition (e.g. the Product/s is in its original packaging and has not been used); and
(d) the Customer agrees to pay Miele immediately on Miele’s acceptance of the Request, the following amounts as applicable:
(i) the costs of the return delivery fee charged by Miele, where the Product/s to be exchanged or returned are already delivered to the Customer at the time of the Request;
(ii) in the case of an exchange of the Product/s, the difference between the price of the Product/s being returned and the replacement Product/s selected;
(iii) a re-delivery fee for the replacement Product/s;
(iv) a re-stocking fee of up to 20% of the Price of the Product/s returned; and
(v) an administrative charge of up to 20% of the returned and/or replaced Product/s per order.
The Customer acknowledges that the above re-stocking fee represents the costs incurred by Miele in accepting the returned Product/s. For the avoidance of doubt, the costs of the initial delivery of the returned Product/s are not refundable.
6.11 Where any payment is to be made by Miele to the Customer pursuant to Miele’s acceptance of the Request, Miele shall within 30 business days of such acceptance refund to the Customer any payment that may have been received by Miele, less the relevant deductions referred to in clause 6.10, in the manner to be advised by Miele.
6.12 If the Customer fails to accept delivery of the Product/s within 30 days of being notified by Miele that they are ready for delivery, Miele may give the Customer five (5) business days notice of termination of the Agreement.
6.13 Upon termination of the Agreement under clause 6.12, Miele shall within 30 business days refund to the Customer any payment that may have been received by Miele in the manner to be advised by Miele. Any refund to the Customer under this clause would be subject to the deduction of an administrative charge of up to 20% of the amount to be paid by the Customer pursuant to the Order (which includes delivery fee).
6.14 Where a Customer pursues a remedy against Miele pursuant to the Consumer Protection (Fair Trading) Act, Miele reserves the right to prove (or, if the breach appears more than six (6) months after delivery, require you to disprove) that the product was of satisfactory quality and otherwise complied with the terms of purchase at the time of delivery.
7. OWNERSHIP AND RISK
7.1 Miele remains the owner of and retains title to the Product/s until the Price is paid in full to Miele and the Product/s has been delivered to the Customer.
7.2 The Customer shall not sell or otherwise deal with the Product/s until the Price is paid in full to Miele. If the Customer purports to do so in breach of this clause, the Customer shall be deemed to hold the proceeds of sale or other realisation (or the amount equal to the outstanding) on trust for Miele.
7.3 To clarify, the risk of loss of or damage to the Product/s passes to the Customer upon delivery.
8.1 Warranty: Miele will provide a warranty in respect of Products which are not consumables in accordance with the provisions of this clause 8. Products covered under the warranty shall comprise vacuum cleaners, washing machines, tumble dryers, washer dryers, ironers, CombiSets, steam ovens, hoods, warming drawers, ovens, hobs, dishwashers, coffee makers, wine cellars/coolers, microwaves, refrigerators, freezers and fridge freezers (or any other Products as determined by Miele in its discretion) but shall exclude Products which are consumables, for example accessories, dust bags, filters, care collection, and care products.
8.2 General Warranty Period: Subject to clauses 8.1, 8.3 and 8.4, Miele will repair free of charge any Product/s which are supplied by Miele and located in Malaysia or repair or replace any part or parts thereof which are shown to the satisfaction of Miele to be defective due to faulty materials or workmanship within:
(a) 24 months from the Delivery Date of the Product;
(b) An extended warranty option is available with Exclusive Care.
("General Warranty Period").
8.3 Extended Warranty Period: In the case of vacuum cleaners, the General Warranty Period referred to in clause 8.2 above if the Customer registers the Warranty online at Miele’s website at www.miele.my ("Extended Warranty Period").
8.4 Claims Not Covered Under Warranty: Miele will not be responsible for any claim, whether under clause 8.2, clause 8.3 or otherwise, where such claims relate to matters not due to the fault of Miele, including but not limited to:
(a) the cost of conversion or modification or the costs of repairs carried out by any third party without the prior consent of Miele.
(b) any fault or defect caused by:
(i) faulty installation arising from e.g. failure to observe the instructions of Miele or any other reason not due to the fault of Miele;
(ii) careless operating, handling or misuse (e.g. vacuuming liquids) or other misuse of the type described in the instruction manual of the Product;
(iii) external sources e.g. transit damage, weather; or
(iv) repairs or alterations carried out by parties other than Miele or an authorised agent of Miele.
8.5 Right to inspect and test: Miele reserves the right to inspect and test the Products for the purpose of determining the extent of any defect and the validity of any claim made under this warranty.
8.6 Proof of Purchase: Before the free services pursuant to clause 8.2 or clause 8.3 can be provided, the Customer will be required to substantiate the date of purchase and/or the Delivery Date of the relevant Product (for example, by providing documentary evidence such as the relevant invoice or Order Confirmation).
8.7 Parts Removed or Replaced
(a) Any part or parts removed from any Product, pursuant to Miele’s obligations under clause 8.2 or clause 8.3, will become the property of Miele.
(b) The replacement of any part or parts fitted to any Product pursuant to Miele’s obligations under clause 8.2 or clause 8.3 will not extend the General Warranty Period or the Extended Warranty Period.
9. LIMITATION OF LIABILITY
9.1 Exclusion of Damages: Miele shall not be liable to the Customer (whether directly or by way of indemnity) in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature, incurred or suffered by the Customer, of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
9.2 Limitation of Damage Amount: Miele’s liability to any person for damages arising from any defect in a Product shall be limited to the "standard purchase price" of the Product, which shall mean the lower of (i) the Price paid by the original purchaser and (ii) Miele’s standard list purchase price for the Product in Malaysia.
9.3 Payment of Refund in Lieu of Other Obligations: Miele shall be entitled to elect in its sole discretion to pay a refund of the Standard Purchase Price, and such payment shall fully discharge all of Miele’s liabilities to any person (whether for repair, replacement or monetary compensation) relating to the Product.
9.4 Liability implied by law: Notwithstanding clauses 9.1, 9.2 and 9.3, nothing in these terms and conditions (a) excludes, restricts or modifies any condition, warranty, right or liability implied into these terms and conditions where to do so is illegal or would render any provision hereof void; or (b) shall limit or exclude any liability for death or personal injury caused by Miele’s negligence.
10. SERVICE & SPARE PARTS
10.1 While Miele will use reasonable commercial endeavours to have all necessary spare parts available for the purpose of warranty 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.
10.2 Miele’s service coverage as set out above is only available for Product/s purchased and used in Malaysia.
11. ENTIRE AGREEMENT
These terms and conditions, and the documents referred to in it, constitute the entire agreement and understanding between the Customer and Miele in relation to the purchase of the relevant Product and the Customer has not entered into this Agreement in reliance upon any representation, warranty or undertaking or any other statement or agreement (oral or written) provided by Miele, its employees or otherwise.
12.1 Any written notice or communication sent by Miele shall be deemed to have been duly served on and received by the Customer:
(a) if delivered by hand, at the time of delivery;
(b) if sent by post, at the time of posting;
(c) if transmitted by way of fax, at the time of transmission; or
(d) if sent by email, at the time of sending of the email by Miele.
13.1 Miele will collect and deal with the Customer’s personal information (including name, address, telephone contact, email address or personal details) only for the express purpose for which the data is provided. For further details, please refer to the Privacy Notice at http://www.miele.my/domestic/data-protection-46.htm
14. INTELLECTUAL PROPERTY
14.1 All copyright in the material contained on the Website and any trademarks and brands included in that material belong to Miele or its licensors.
14.2 The Customer may download or copy the content and other downloadable items displayed on the Website solely for personal non-commercial use for the purpose of placing an order. Copying or storing the contents of the Website for any other purpose is expressly prohibited.
The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
16. THIRD PARTY RIGHTS
The parties to this Agreement do not intend that any term of this Agreement will be enforceable solely under or by virtue of the Contracts (Rights of Third Parties) Act by any person who is not a party to this Agreement.
17. GOVERNING LAW
The Agreement shall be governed by and construed in all respects in accordance with the laws of Malaysia and all parties hereto agree to submit to the jurisdiction of the Malaysia Courts.