Terms and Conditions
Your contractual partner is:
miniki · zinnobergruen GmbH · Sandstraße 104 · 40789 Monheim am Rhein · Germany
T : +49 (0)211 60075-65 · F : +49 (0)211 60075-66 · www.miniki.eu · firstname.lastname@example.org
Trade register : AG Düsseldorf · Handelsregister : HRB 40417
VAT-Nr. : 106/5732/0768 · VAT-Id-Nr : DE 813237247
Managing director : Tobias Schwarzer
1. General Remarks
These general terms and conditions of sale and delivery (»Terms of Sale«) apply to your purchase of miniki products and services from miniki (zinnobergruen gmbh) at the miniki Online Shop located at www.miniki.eu. If you are purchasing at the miniki Online Shop, you must agree to these Terms of Sale and indicate your agreement by clicking on the »accept« button. If you do not agree with these Terms of Sale, do not click the »accept« button and you will not be able to purchase miniki products online. By clicking on the »accept« button, you acknowledge that you have reviewed and consent to be bound by these Terms of Sale. Together with the description of miniki products and services stated in your order, these Terms of Sale constitute the entire agreement between you and miniki for your purchase of miniki products. No amendment to these Terms of Sale shall be effective unless agreed upon in writing by you and miniki.
2. Purchase Orders
Your order of a miniki product only constitutes an offer to buy from miniki in accordance with these Terms of Sale. miniki reserves the right to accept or reject any order in its sole discretion. miniki does not guarantee that any product or service listed on the website will be available for purchase. Upon receipt of your order, miniki will send you an automated order confirmation that lists the details of your order. Your order is accepted by miniki and a contract on the sale and delivery of the product is considered to have been formed only upon miniki sending you a written order confirmation. The order confirmation does not have to be signed by miniki and may be transmitted by e-mail. Once you have submitted an order, you may submit a request to make changes to your order, but such changes will not take effect unless miniki provides written or electronically transmitted acceptance of your request. All offers of miniki in the Online Shop are only available in quantities suitable for an average household per order and per product in the case of several orders.
The delivery costs for delivery inside of Germany are 180,- EUR plus VAT.
The delivery costs for delivery outside of Germany but inside of Europe are 280,- EUR plus VAT.
Please ask our team for delivery costs outside of Europe.
4. Payment Terms
Unless otherwise agreed, all orders shall be paid at the time of purchase and prior to delivery, and all payments and other financial requirements under your order shall be in the currency of the EURO.
Delivery will be made to the delivery address within the European Countries indicated on your order. Delivery will not be made to any address located outside the European Countries. Delivery dates are only binding if miniki has expressly agreed to them in writing. Otherwise, any delivery dates indicated on the website or on any order or other document provided by miniki are estimates only. Delays in delivery do not entitle you to
refuse to accept the product, to cancel your order or to claim damages. Partial deliveries are permitted and do not entitle you to refuse to accept the product. You will be contacted by miniki or a third party engaged by miniki prior to delivery in order to set the delivery time. If miniki or the third party engaged by miniki is not able to deliver your order at the time agreed with you to make the delivery because the delivered product(s) do not fit into any entrance, doorway or stairs, because you are not present at the agreed time or you otherwise refuse delivery, you will be required to bear all costs incurred in connection with any subsequent transfer, restocking, storage and delivery of the product(s).
6. Benefit and Risk
Benefit and all risk of loss or damage to any product you order passes to you when the product is delivered to you.
7. Product Inspection, Acceptance and Return
miniki products must be checked upon delivery without delay to ensure they are complete and free of defects. You must provide written notice to miniki within seven (7) business days of delivery of any incorrect deliveries, missing parts or defects which are ascertainable by reasonable inspection. Otherwise, if a defect only is detectable at a later date, you must provide written notice to miniki within seven (7) business days of its detection. If such notification is not given in a timely manner, you will be deemed to have accepted the miniki products and you will be conclusively deemed to have waived all such claims and complaints other than claims covered by the miniki product warranty then in effect. In the event of any defect, you shall retain the broken or damaged product and its original packaging for inspection by miniki. You cannot return a product to miniki without first receiving a return authorization number from miniki. If return of a product is authorized by miniki, miniki will issue a Return Authorization Number to you with shipping instructions. If such Return Authorization Number is not requested within seven (7) business days after receipt of the miniki products, the miniki products will be deemed to have been accepted and you will be conclusively deemed to have waived all such claims and complaints other than claims covered by the miniki product warranty then in effect. In addition, authorized returns are subject to a restocking charge equal to 25% of the purchase price of the returned miniki products, plus shipping and handling charges and costs, if any, of restoring returned miniki products that are in damaged condition.
8. Limited Warranty
A. Limited Warranty.
miniki warrants that the material and workmanship of the products will conform to miniki's published product specifications in effect on the date of delivery to you for a period of two (2) years from the date of delivery. This limited warranty does not cover:
1. Surface conditions, normal wear and tear, neglect, accidents, acts of god, acts of terrorism, damage in transit, abuse, improper maintenance or storage, or any addition of or combination with your own materials after product installation;
2. Damages resulting from the assembly, installation, repair, reconfiguration or alteration of the product other than by usm or a usm authorized person, or the product not being used in accordance with usm instructions;
3. Minor deviations in the construction, color or material used or from the specifications published on the internet or elsewhere (especially with regard to surfaces);
4. Natural variations to color, grain or texture of wood, metal or plastic over which usm has no control;
5. The matching or compatibility of color, grain or texture unless expressly agreed to by usm in writing.
B. Exclusive Remedies.
In case of breach of warranty or any other duty related to the quality of the products and services delivered by miniki, you shall promptly notify miniki and make such product available for correction. miniki shall, at its option, repair or replace the defective product. If miniki determines that a defective product cannot be repaired or replaced within a reasonable period of time, you will receive a reduction in the price or, in the case of serious defects, a refund of the price that you actually paid to miniki for such product. The foregoing are your exclusive remedies for breach of warranty or any other duty related to the quality of the products and services delivered by miniki.
Except as expressly provided in this section or except as may be otherwise prohibited by applicable laws, all warranties, conditions, representations, indemnities and guarantees with respect to the products, whether express or implied, arising by law, custom, prior oral or written statements by miniki or otherwise (including, but not limited to any warranty of merchantability or fitness for particular purpose) are hereby excluded and disclaimed.
Limitation of liability and no consequential damages
miniki’s liability for any claim of any kind, whether based in contract, tort (including negligence and strict liability) or otherwise for any expense, injury, loss or damage arising out of or in connection with the design, manufacture, sale, delivery, inspection, assembly, installation, maintenance, repair, application or use of any product furnished to you hereunder shall in no case exceed the purchase price of the product which gives rise to the claim.
Under no circumstances shall miniki be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on your claims, arising out of breach or failure of express or implied warranty breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. Some jurisdictions do not allow exclusions or limitations of liability and consequential damages, so the above limitation may not completely apply to you.
9. Force Majeure
miniki shall not be liable for any loss or damage as a result of any failure to perform or any delay in delivery or installation due to any cause beyond miniki’s control, including but not limited to acts of God, strikes or other labor difficulties, disruption of operations, natural disasters, war, epidemics, governmental acts or orders or transportation.
10. Partial invalidity
Should any provision of these Terms of Sale be or become ineffective, invalid or unenforceable, the validity or enforceability of the other provisions shall not be affected. In such a case, the parties shall agree on a valid and enforceable provision that is as close as possible in its economic equivalent to the ineffective, invalid or unenforceable provision.
11. Applicable law, venue and place of performance
These Terms of Sale shall be governed by and construed in accordance with the German laws. Any litigation will be brought exclusively in Düsseldorf, Germany.