TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS
1 These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you (Terms).
1.2 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products 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 there is a mistake in these Terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:
1.3.1 you are an individual; and
1.3.2 you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in red and those specific to businesses only are in blue.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2 About us
2.1 Who we are. We are MIELE COMPANY LIMITED (company number 00769014) (we and us) is a company registered in England and Wales and our registered office is at Fairacres, Marcham Road, Abingdon OX14 1TW. Our VAT number is 226947242.
2.2 How to contact us. We operate the website shop.miele-professional.co.uk. To contact us telephone our Professional Inside Sales Team at 0330 160 6695 or email us at Professional.email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
3 Our contract with You
3.1 How to place your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms. For the avoidance of doubt, the presentation of goods on our website does not constitute an offer by us to sell the goods. You may be asked to provide your VAT number and/or ID when you place your order or otherwise register an account with us and you hereby agree that we may, before we accept your order, check whether any chemicals (or other Goods) that you have ordered match the equipment that you use as part of your business.
3.2 Checking your order. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate. You can correct possible input errors by clicking the "back" button in the previous ordering step. We may contact you if we believe the Goods you have ordered are not suitable for your purposes. However, you are solely responsible for ensuring the Goods that you order are suitable for your purposes.
3.3 How we will accept your order. After you place an order, you will receive an email from us acknowledging that we have received it and we may contact you by telephone to confirm the order details and the relevant payment terms, but please note that this does not mean that your order has been accepted. Our acceptance of your order takes place when we send the email to you to expressly accept it within 2 working days of you placing your order, at which point the contract between you and us will come into existence. You will be solely responsible for reading and complying with any safety data sheets for the use of chemicals that are included with our acceptance of your order.
3.4 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified.
3.5 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.6 We only deliver to the UK and the Channel Islands. Unfortunately, we do not deliver to addresses outside the UK and the Channel Islands. You may place an order for Goods from outside the UK and the Channel Islands, but this order must be for delivery to an address in the UK and the Channel Islands. If you require delivery outside of the UK and the Channel Islands, please contact firstname.lastname@example.org for more information.
4 Our goods
4.1 Goods may vary slightly from their pictures. The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
4.2 Packaging of Goods may vary. The packaging of your Goods may vary from that shown on images on our site.
5 Your rights to make changes
If you wish to make a change to the Goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6 Our rights to make changes
6.1 Minor changes to the Goods. We may change the Goods:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not materially affect your use of the Goods unless we inform you otherwise.
7 Providing the Goods
7.1 Delivery costs. We offer free delivery on all accessory and consumable orders over £15.00 subject to clause 7.2 below. Orders under £15.00 will be subject to a delivery charge of £6.75 excluding VAT.
7.2 Delivery costs for large Goods. If you place an order for a large quantity of Goods (being Goods of more than 100 litres or 100 kilograms), we will charge a flat-rate shipping fee in addition to any delivery charges payable pursuant to clause 7.1.
7.3 When we will provide the Goods. The estimated delivery date of the Goods will be as stated on the order page when you submit your order, which will be within 10 working days after the date on which we email you to confirm our acceptance of your order, subject to clause 7.3 below. Time of delivery of the Goods is not of the essence. If you place an order for a large quantity of Goods (as described above), we will deliver the Goods to you on pallets. This may take longer than the delivery times outlined above. Where you order a large quantity of Goods (as described above), you shall ensure that the premises at which the Goods are to be delivered are fitted out in order to take delivery of the Goods on pallets.
7.4 We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.
7.5 Delivery of the Goods. Where the Goods ordered is an appliance, we will deliver the Goods to a room of your choice, provided there is free and easy access into the building and into the room. We may require photographic evidence of suitable access to ensure we can deliver the Goods safely. We will request that any existing appliance is disconnected from water, electrics, drainage, and ventilation. We will also request that:
7.5.1 In the case freestanding appliances, subject to the above, we will then take it away for recycling in accordance with the Waste Electrical and Electronic Equipment directive (2012/19/EU) or the equivalent legislation under the laws of England and Wales from time to time. We are unable to disconnect hard-wired appliances or to dismantle stacked appliances or change any furniture.
7.6 If we fail to deliver the Goods. If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by delays outside of our control in accordance with clause 7.4, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
7.7 If you fail to take delivery. If you fail to take delivery within 5 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
7.8 If you are not at home when the Goods are delivered. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we will leave you a note informing you how to rearrange delivery or collect the Goods from a local depot or take any other action required to allow us to complete delivery.
7.9 If you do not re-arrange delivery. If you do not collect the Goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
7.10 When you become responsible for the Goods. Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
7.11 When you own the Goods. You own the Goods once we have received payment in full, including of all applicable delivery charges.
7.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Goods to you, for example, but not limited to, premises measurements, utility supplies and related information. If so, this will have been stated in the description of the Goods on our site. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We shall also not be liable for any delay in delivery of the Goods that is caused by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods within a reasonable time of us asking for it.
8 Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, when you decide to end the contract and whether you are a consumer or business customer:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Goods repaired or replaced or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you are a consumer and have just changed your mind about the Goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions including a rehandling fee of 10% of the total order value; and
8.1.4 If you are a business customer and have just changed your mind about the Goods, see clause 8.4, You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions including a rehandling fee of 10% of the total order value.
8.2 End the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any Goods which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the Goods or these Terms which you do not agree to (see clause 6.2);
8.2.2 we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the Goods may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the Goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund via the same payment method used by you although we offer a more generous 30 day period. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
8.4 Exercising you right to change your mind if you are a business customer. If you are a business customer, we offer the right to change your mind within 7 working days from delivery of the Goods and receive a refund via the same payment method used by you.
8.5 Our goodwill guarantee for consumers. Please note, these Terms reflect the goodwill guarantee offered MIELE COMPANY LIMITED of Fairacres, Marcham Road, Abingdon OX14 1TW to its UK consumer customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed Goods (see clause 11.1):
Right under the Consumer Contracts Regulations 2013
How our goodwill guarantee is more generous
Consumer to pay costs of return.
We pay the costs of return.
8.6 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
8.6.1 Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
8.6.2 any Goods which become mixed inseparably with other items after their delivery.
8.7 How long do consumers have to change their minds? You have 30 days after delivery of the Goods, beginning on the day after you received the Goods.
8.8 How to cancel the contract? To cancel the contract, please email us at Professional.email@example.com.
8.9 Your obligation to arrange collection of the Goods. If Goods have been delivered to you before you decide to cancel the contract then you must allow us to collect the Goods from you at the time and place determined by us.
9 Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for Goods at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods, for example, photographic evidence that there is free and easy access to the building and room in which you would like us to deliver the Goods to;
9.1.3 you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us; or
9.1.4 you commit any other material breach of your obligations under the contract.
9.2 You must compensate us if you break the contract. If we end the contract in situations set out in clause 9.1 we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
10 If there is a problem with the Goods
How to tell us about problems. If you have any questions or complaints about the Goods, please contact us, You can telephone our customer service team at 0330 160 6695 or email us at Professional.firstname.lastname@example.org.
11 Your rights in respect of defective Goods if you are a consumer
11.1 If you are a consumer we are under a legal duty to supply Goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Goods. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
11.2 Your obligation to arrange collection of rejected Goods. If you wish to exercise your legal rights to reject Goods you must allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on at 0330 160 6695 or email us at Professional@miele.co.uk to arrange collection.
12 Your rights in respect of defective Goods if you are a business
12.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
12.2 We provide a warranty that on delivery and for a period of 12 months from delivery, the Goods shall:
12.2.1 subject to clause 4, conform with their description;
12.2.2 be free from material defects in design, material and workmanship; and
12.2.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
12.3 Subject to clause 12.4, if:
12.3.1 you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 12.1;
12.3.2 we are given a reasonable opportunity of examining the Goods; and
12.3.3 we ask you to do so, you return the Goods to us at our cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
12.4 We will not be liable for breach of the warranty set out in clause 12.1 if:
12.4.1 you make any further use of the Goods after giving notice to us under clause 12.3;
12.4.2 the defect arises as a result of us following any drawing, design or specification supplied by you;
12.4.3 you alter or repair the Goods without our written consent;
12.4.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
12.4.5 the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
12.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 12.1 to the extent set out in this clause 12.
12.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the contract.
12.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
13 Price and payment
13.1 Where to find the price for the Goods. The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 13.3 for what happens if we discover an error in the price of Goods you ordered. Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
13.2 We will pass on changes in the rate of VAT. The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
13.3 What happens if we got the price wrong. We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
13.3.1 where the Goods' correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
13.3.2 if the Goods' correct price is higher than the price stated on our site, we will contact you for your instructions before we accept your order. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.
14 How to pay
14.1 When you must pay and how you must pay. After you have placed your order, we will send a hyperlink to you by email to make payment via a third party payment provider. You can make payment using a credit card or debit card, or by BACS payment (where a credit card or debit card payment is not available) via the third party payment provider. Payment for the Goods and all applicable delivery charges is in advance and without deduction or set-off.
14.2 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.3 We can charge interest if you pay us late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15 Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods as summarised at clause 11.1 and for defective products under the Consumer Protection Act 1987.
15.3 We are not liable for business losses. If you are a consumer we only supply the Goods for to you for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16 Our responsibility for loss or damage suffered by you if you are a business
16.1 References to liability in this clause 16 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
16.2 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
16.3 Nothing in these Terms limits or excludes our liability for:
16.3.1 death or personal injury caused by our negligence;
16.3.2 fraud or fraudulent misrepresentation;
16.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
16.3.4 defective products under the Consumer Protection Act 1987; or
16.3.5 any other liability that cannot be limited or excluded by law.
16.4 Except to the extent expressly stated in clause 16.3 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.5 Subject to clause 16.3, we will under no circumstances be liable to you for:
16.5.1 any loss of profits, sales, business, or revenue;
16.5.2 loss or corruption of data, information or software;
16.5.3 loss of business opportunity;
16.5.4 loss of anticipated savings;
16.5.5 loss of goodwill; or
16.5.6 any indirect or consequential loss.
16.6 Subject to clause 16.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 100% of the price of the Goods.
16.7 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
17 How we may use your personal information.
18 Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We may not agree if we have reasonable grounds for doing so. However, if you are a consumer you may transfer our guarantee at clause 8.5 to a person who has acquired the Goods. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.