TERMS AND CONDITIONS
1. Application
1.1 Application.
These general sales and delivery terms ("Terms") apply to all agreements regarding Miild's sale and delivery of products and possibly services to consumers.
1.2 Basis of agreement. The Terms, together with any offers and order confirmations from Miild, constitute the entire basis of the agreement ("Basis of Agreement").
2. Orders and Prices
2.1 Orders.
Orders can be placed directly on Miild's website. Placing an order via Miild's website is not in itself a legally binding agreement.
2.2 Order confirmations.
Miild strives to send confirmation or rejection of an order to the customer in writing no later than 2 working days after receipt of the order. Confirmation of orders must be in writing to bind Miild. The agreement becomes binding only when you have received an email from Miild confirming the order.
2.3 Changes to orders.
The customer cannot change a placed order for products without written acceptance from Miild.
2.4 Inconsistent terms.
If Miild’s confirmation of an order does not correspond with the customer’s order or the Basis of Agreement otherwise, and the customer does not wish to accept the inconsistent terms, the customer must notify Miild in writing as soon as possible and no later than 1 working day after receipt of the confirmation. If not, the customer is bound by the order confirmation.
2.5 Price.
The price for products follows Miild’s current price list, available on Miild’s website at the time the customer places the order, unless the parties have agreed otherwise in writing. All prices listed are exclusive of VAT.
2.6 Quantity limitation.
Miild may, in some cases, impose quantity restrictions on selected products in order to prevent purchases via Miild with the intention of planned resale. For items subject to quantity restrictions, it will not be possible to order a greater number than the maximum number indicated on Miild’s website or at the time the order is placed. Should Miild determine that a customer has attempted to circumvent Miild's rules regarding quantity limitation or is generally purchasing for the purpose of planned resale, Miild reserves the right to cancel one or more of these orders without the customer being able to make any claim against Miild in that regard.
2.7 Gift cards.
Gift cards are a product that can be purchased. The gift card can only be redeemed in connection with purchases of Miild's products and cannot be used to purchase more gift cards. If the value of the gift card does not cover the order the customer wishes to complete, the difference can be paid using one of the accepted payment methods. Gift cards and any credits can only be redeemed prior to the completion of an order. The value of gift cards cannot be paid out in cash, nor will interest be accrued on the gift card. If an order paid for using a credit or a gift card is canceled, this credit will be transferred to a new gift card and therefore will not be paid out in cash.
3. Payment
3.1 Payment.
The customer may use the following methods for payment:
- Dankort
- Visa
- Mastercard
- Visa Electron
- MobilePay
3.2 Charging.
The amount will only be deducted from the customer's account when Miild ships the order.
4. Right of Withdrawal
4.1 Right of Withdrawal.
Consumers have a 30-day right of withdrawal when shopping at Miild. The withdrawal period runs for 30 days from the first of the following days: (1) the day on which the customer has received the product, and (2) the day on which the customer has physically taken possession of the product. The customer must notify Miild of the intention to withdraw from the purchase within 30 days of receipt.
4.2 Returns.
Products must be returned to Miild without undue delay and no later than 14 days after the notification of the right of withdrawal. All parts of the product must be returned, and the customer is responsible for ensuring that the product is securely packaged. The customer bears the risk for the product until it is received by Miild.
4.3 Exceptions.
The following products are exempt from the right of withdrawal: Products that are likely to become degraded or outdated quickly.
4.4 Loss of right of withdrawal.
The customer loses the right of withdrawal if the customer breaks packaging, seals, or seals on products that for health protection or hygiene reasons are unsuitable for return.
4.5 Condition upon return.
The customer is liable for any depreciation in the value of the product resulting from handling other than what is necessary to ascertain the nature, characteristics, and functioning of the product. Products without packaging, seals, or sealing, which have been tested beyond what is described in these terms, will be regarded as used, and the customer will receive only a part or none of the purchase amount depending on the product’s commercial value.
4.6 Refund and return.
If the customer withdraws from the purchase, the customer is refunded the purchase amount and any delivery costs. If there has been any depreciation for which the customer is responsible, it will be deducted from this purchase amount. When returning the purchased product in the event of withdrawal, the customer must bear the expenses for this. Miild refunds the customer’s payment without undue delay and no later than 14 days from the date on which Miild receives notification of the withdrawal, provided Miild can withhold the payment until the product is received in return. Miild will refund using the same payment method as the customer used for their original transaction, unless the customer has agreed otherwise.
5. Delivery
5.1 Delivery condition.
The risk for all sold products shifts to the customer upon Miild’s delivery of the products to the carrier or alternatively upon Miild’s own delivery to the customer.
5.2 Delivery time.
Miild strives to deliver products within the time stated in the order confirmation. The normal delivery time is within 4 working days after receipt of the order confirmation. Miild reserves the right to deliver before the agreed delivery time.
5.3 Examination.
The customer must inspect all products upon delivery. If the customer discovers an error or deficiency that the customer wishes to invoke, this must be immediately reported in writing to Miild at shop@miild.dk.
If an error or deficiency that the customer discovers or should have discovered is not immediately reported in writing to Miild, this cannot later be asserted.
6. Delayed delivery.
6.1 Notification.
The customer is aware that since Miild's products are custom-made abroad, there may be delays in the delivery of the products. If Miild expects a delay in the delivery of products of more than 1-2 working days, Miild will inform the customer as soon as possible and will simultaneously provide the reason for the delay and new expected delivery time.
6.2 Cancellation.
If Miild fails to deliver products no later than 10 days after the agreed delivery time for reasons for which the customer is not responsible, the customer may cancel the affected orders without notice by written notification to Miild. The customer has no other rights in relation to delayed delivery.
7. Right to Complain
7.1 Right to Complain.
The rules of the Sales Act apply, and the customer has 24 months right to complain. It is a requirement that the complaint is justified, and that the deficiency has not arisen as a result of misuse of the product or other harmful behavior.
7.2 Notification.
If the customer discovers an error or deficiency in the complaint period that the customer wishes to invoke, the notification must be made in writing to Miild in a reasonable time. If an error or deficiency that the customer discovers or should have discovered is not reported in writing to Miild within a reasonable time, it cannot later be invoked. The customer must provide Miild with the information about any notified error or deficiency that Miild requests.
7.3 Investigation.
Within a reasonable time after Miild has received notification from the customer regarding an error or deficiency and has investigated the claim, Miild will inform the customer whether the error or deficiency falls under the right to complain. The customer must, upon request, send defective products or parts to Miild. The customer bears the costs and risk of products and parts during transport to Miild. Miild bears the costs and risk of products and parts during transport to the customer if the error or deficiency is covered by the right to complain (provided that there is a receipt for dispatch so Miild can refund shipping costs).
7.4 Remedy.
Within a reasonable time after Miild has notified the customer that an error or deficiency is included in the right to complain, Miild will remedy the error or deficiency by: (i) replacing or repairing defective products or parts, or (ii) sending parts to the customer for the customer's own replacement or repair.
7.5 Termination.
If Miild fails to remedy an error or deficiency covered by the right to complain within a reasonable time after Miild has notified the customer hereof for reasons for which the customer is not responsible, and the error or deficiency is not remedied within a reasonable period of at least 10 days, the customer may terminate the affected orders without notice by written notification to Miild. The customer has no other rights in connection to errors or deficiencies in the products than those expressly provided in this provision.
8. Liability
8.1 Liability.
Each party is liable for its own actions and omissions in accordance with applicable law with the limitations that arise from the Basis of Agreement.
8.2 Product liability.
Miild is liable for product liability concerning the products delivered, to the extent that such liability arises from mandatory legislation.
8.3 Force majeure.
Notwithstanding any opposing terms in the Basis of Agreement, Miild is not liable to the customer for the failure to fulfil obligations that can be attributed to force majeure. The liability exemption exists as long as force majeure exists. Events considered as force majeure are those beyond Miild's control, and that Miild could not have foreseen upon the conclusion of the agreement or that subsequently complicate delivery. Examples of force majeure are unusual natural conditions, pandemics, war, terrorism, fire, flooding, vandalism, and labor disputes.
8.4 Limitation of Liability.
Notwithstanding any opposing terms in the Basis of Agreement, Miild's liability to the customer cannot exceed the sales amount of products that Miild has invoiced to the customer in relation to the relevant loss. This limitation of liability does not apply if Miild has acted intentionally or with gross negligence.
9. Other Provisions
9.1 Miild reserves the right to deny the customer's access to Miild's website at any time at Miild's business discretion.
9.2 Miild processes personal data to be able to deliver products to the customer, and to be able to handle inquiries regarding the customer's purchase.
9.3 Miild is obliged to process the information in compliance with applicable law, and the processing will only occur where necessary for the purpose.
9.4 Intellectual Property Rights.
The full ownership of all intellectual property rights regarding the products, including patents, designs, trademarks, and copyrights, belong to Miild either directly or via license. The customer may not use Miild's trademarks and other intellectual property rights without separate agreement.
9.5 Changes and Additions.
Changes to and additions to the Basis of Agreement are only valid if the parties have agreed to them in writing. The customer's terms communicated to Miild do not form part of the Basis of Agreement unless it has been expressly and in writing agreed.
10. Applicable Law and Jurisdiction
10.1 Applicable Law.
The Basis of Agreement, and the parties’ business dealings otherwise, are in all respects governed by Danish law.
10.2 Jurisdiction.
Any dispute that may arise in connection with the Basis of Agreement, and the parties’ business dealings otherwise, shall in all respects be governed by Danish law and shall be settled by a Danish court.