1. These General Terms and Conditions (hereinafter "GTC") apply to the purchase of all products by the buyer (hereinafter "Buyer") offered by mioo Design GmbH (hereinafter "mioo" or "we"). The Buyer's general terms and conditions are not deemed agreed upon. The same applies to amendments to these GTC, unless we have accepted them in writing. The version provided to the Buyer at the time of a purchase or order shall always be decisive.
2. Products are generally delivered according to sample, illustration, or sketch. Minor deviations in size, color, texture, and workmanship are reserved. Especially for subsequent/supplementary orders, deviations are unavoidable without other written agreements.
3. Unless otherwise agreed in writing, the products are exclusively intended for private use. mioo grants the statutory warranty for design and material defects for a period of 2 years from the delivery of the goods to the Buyer. mioo does not grant any other warranties and guarantees, including manufacturer's warranties, unless explicitly stated otherwise in the purchase agreement or order confirmation.
4. The Buyer shall inspect the products immediately upon receipt for any defects, especially glass damage. Corresponding complaints must be made within 7 days of receipt of the products. Defects that appear later, i.e., during the warranty period, must be reported immediately after their discovery. Damages caused by wear and tear, aging, and improper handling are excluded from the warranty. The warranty expires if products are processed or altered by the Buyer despite recognizable defects.
5. mioo or its commissioned third-party partners may provide warranty services either by free repair or equivalent replacement, at their discretion. Further claims are excluded. For reduced goods, mioo reserves the right to refund the purchase price paid instead of providing free repair or equivalent replacement.
6. The collection and processing of the Buyer's personal data by mioo is explained in the privacy policy. This forms an integral part of these GTC.
The Buyer consents to the storage of personal data transmitted by them to mioo within the framework of an order or otherwise for contract processing. The Buyer agrees that the data communicated by them and other usage data will be analyzed to present personalized advertising and/or special offers and services. The analysis of usage data may lead to the creation of user profiles. User profiles are created in pseudonymized form and are not merged with personal data.
7. All prices are net, including VAT. The offsetting of claims requires the consent of both parties. A reminder fee will be charged for reminders. A fee will be charged for invoices in paper form.
8. Until full payment of the purchase price, the products remain the property of mioo Design GmbH.
9. The ordered products are delivered to the Buyer's address. Delivery generally takes place to the residence, provided that local and structural conditions allow this with normal, expected effort. If additional aids (e.g., facade lift/mountain railway) are required, the Buyer must inform us in advance and will bear any additional costs. If delivery to the curb is agreed upon, delivery will be made to the roadside of the specified delivery address, as long as this road is accessible by truck. If the road is not accessible by truck, delivery is only owed to the nearest point to the delivery address that is accessible by truck. The risk passes to the Buyer upon unloading of the ordered products at the roadside.
10. Ordered products are usually provided/delivered within the agreed delivery period. The Buyer will be notified if a product should be temporarily unavailable. The Buyer acknowledges that delivery delays of up to two weeks do not entitle them to refuse acceptance of the ordered goods, terminate the contract, claim damages, or demand a refund of the purchase price. Counterclaims by the Buyer can only be made with the consent of mioo.
11. Should we ourselves not be supplied by our suppliers through no fault of our own, despite having placed congruent orders with reliable suppliers, we shall be released from our obligation to perform and may withdraw from the contract. In this case, we will immediately inform the Buyer of the unavailability and, in the event of withdrawal, immediately refund any payments already made by the customer.
12. All cases of breach of contract and their legal consequences as well as all claims of the Buyer, regardless of the legal basis on which they are made, are conclusively regulated in these GTC. Other claims of the Buyer - regardless of the legal basis - are excluded, with the exception of the cases listed below. mioo, its auxiliary persons and any vicarious agents are not liable for damages that have not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses. The foregoing limitation of liability does not apply in cases of injury to life, body or health; in cases of intentional or grossly negligent breach of duty; in cases of warranty promises, where agreed; and insofar as the scope of the Product Liability Act is applicable.
13. We reserve the right to assign or pledge our due purchase price claims against the Buyer arising in connection with deliveries of goods, including any due installment payments, default interest and reminder fees, to third parties.
14. We voluntarily grant the Buyer a right of return. The return period is fourteen (14) days.
15. Swiss law shall apply exclusively. The application of the UN Sales Convention is excluded. The place of jurisdiction for natural persons is Zurich or the Buyer's place of residence. The exclusive place of jurisdiction for legal entities is Zurich.
Additional Terms of Use
16. Scope
The website www.mioodesign.ch (hereinafter "website") is operated by mioo Design GmbH (hereinafter "mioo" or "we"). These Additional Terms of Use (hereinafter "Terms of Use") apply in the version current at the time of contract conclusion to all business relations between the Buyer and mioo in connection with the use of the website and orders of products and services via the website. They form an integral and supplementary part of all orders placed via the webshop.
In addition to or in conjunction with these Terms of Use, the General Terms and Conditions of mioo, which are applicable to all purchases, also apply to purchases made via the website.
Mioo may change these Terms of Use at any time. The version valid at the time of a purchase or order shall always be decisive.
17. Registration / Data Protection
When registering, i.e., opening a customer account, the Buyer is obliged to provide truthful information about their person. mioo reserves the right to delete customer accounts at any time and without giving reasons or to block a username and password.
Further and more detailed information on the processing of personal data by mioo in connection with registration, as well as in connection with the use of the website and purchases on the website, can be found in the privacy policy and in the General Terms and Conditions.
18. Offers
The presentation on the internet is non-binding. We reserve the right to modify the product range and its presentation at any time and to completely remove certain products from the offer. We exclude any liability for typographical errors, incorrect or incomplete information and representations.
Decorative items shown in connection with a product are not part of the product offer, unless explicitly named and mentioned. Accessories and decorative items must be purchased separately.
We endeavor to ensure the best possible availability of the products offered on the website. However, the presentation of a particular product on the website does not mean that we guarantee its availability. We are only obligated to deliver available goods. If ordered products are not available, we may not be able to fulfill the order completely. We reserve the right to either cancel the order or only make a partial delivery. In such a case, we will notify the Buyer accordingly.
19. Conclusion of Contract / Order Process
If the Buyer places an order via the internet, they make a binding offer to conclude a purchase contract. The Buyer receives a confirmation that the order has been received. This confirmation does not constitute acceptance of the offer by mioo. mioo reserves the right to reject the application without giving reasons. A legally binding purchase contract is only concluded with the dispatch of the order confirmation by mioo.
The contract is concluded only for those products explicitly listed in the order confirmation. This also definitively determines the scope of services.
20. Spatial validity of our offers and prices; offsetting; recycling
Shipping and delivery costs will be displayed separately during the ordering process and transparently shown in the order overview and then also in the order confirmation.
Our offers are valid for Switzerland
21. Payment
mioo accepts the payment methods displayed to the Buyer during the ordering process.
The purchase price and any applicable shipping costs will be charged after the order confirmation has been issued. When paying by credit card, the relevant amount is blocked or reserved at the time of placing the order. However, the actual charge also occurs with our order confirmation.
If the Buyer chooses prepayment as the payment method, the order will only be processed after receipt of payment. The delivery time may be delayed accordingly.
Discounts or vouchers are only accepted under the conditions displayed on the voucher. A voucher code or value is entered during the payment process. Discounts not claimed at that time cannot be granted retrospectively. Discounts cannot be combined.
22. Right of Return
A return is possible within 14 calendar days from the date of the postmark or the delivery or receipt confirmation. If the Buyer cannot provide the delivery or receipt confirmation, the 14-day period begins from the dispatch of the order.
No right of return:
Excluded from the right of return (but not from warranty claims) are:
- Items where the original packaging or accessories are missing
- Used items
- Damaged items (subject to warranty according to clauses 2 to 5)
- Gift vouchers
- Specially marked products from clearance or sales promotions
Refund value:
For a full refund of the purchase price, the product must be returned with opened or unopened, but in any case undamaged original packaging and in new, unused condition with all accessories.
In case of damaged original packaging of undamaged and unused goods, a processing fee of 15% or at least CHF 10.– of the purchase price will be charged. The purchase price (minus additional, delivery and shipping costs) will be credited or refunded in the same way the payment was made.
Return costs:
The costs for the return are to be borne by the Buyer.
23. Copyright
The use of this website does not imply that the Buyer is granted license rights in relation to the intellectual property rights to the content of this website.
This website and all content posted thereon are and remain the property of mioo – or mioo holds corresponding rights of use – and are protected by the relevant laws regarding intellectual property rights, including copyright and trademark rights. Any unauthorized use of this website, in particular the use of this website or its content for professional or commercial purposes of any kind, as well as the reproduction, display, transfer to others, communication, circulation, distribution, modification, licensing, sale or any other exploitation of this website or its content, texts, text parts, static or animated graphics, audio data, software, goods or services, and other data or information, is expressly prohibited without prior written permission from mioo. Methods such as framing and inline-linking of the website and content are particularly prohibited.