Terms of service

Terms and Conditions (T&Cs)

Scope of Applicability

1.1 These Terms and Conditions (hereinafter referred to as "T&Cs") of Mia+Myles (contact@miamyles.co.uk, hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") enters into with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer's own conditions is hereby contradicted unless something else has been agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.3 The subject matter of the contract can—depending on the product description of the Seller—include both the acquisition of goods through a one-time delivery as well as the acquisition of goods through a continuous delivery (hereinafter referred to as "Subscription Contract"). In the case of the Subscription Contract, the Seller undertakes to deliver the goods owed under the contract to the Customer at the contractually stipulated intervals for the duration of the agreed contract term.

Incorrect Address Provided by the Buyer:

If an incorrect address is provided by the Customer when placing an order, we are not obliged to refund the invoice amount until the shipment has been returned to us. However, we offer a redirect to the correct address, and we kindly ask you to contact us via email for this.

2. Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute a binding offer from the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After the Customer has placed the selected goods in the virtual shopping basket and has gone through the electronic ordering process, they submit a legally binding contractual offer regarding the goods contained in the shopping basket by clicking the button that concludes the order process.

2.3 The Seller may accept the Customer's offer within five days

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), with the access of the order confirmation being decisive for the Customer, or
• by delivering the ordered goods to the Customer, with the access of the goods being decisive for the Customer, or
• by requesting the Customer to pay after they have placed their order.

If several of the aforementioned alternatives occur, the contract comes into effect at the time one of the aforementioned alternatives first occurs. The deadline for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent.

2.4 When selecting the payment method "PayPal Express," the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal user agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, they simultaneously issue a payment order to PayPal by clicking the button that concludes the order process. In this case, the Seller declares their acceptance of the Customer's offer at the moment the Customer triggers the payment process by clicking the button that concludes the order process.

2.5 When selecting the payment method "Amazon Payments," the payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe user agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that concludes the order process. In this case, the Seller declares their acceptance of the Customer's offer at the moment the Customer triggers the payment process by clicking the button that concludes the order process.

2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer after they have submitted their order along with these T&Cs in text form (e.g., email, fax, or letter). However, the contract text can no longer be retrieved by the Customer via the Seller's website after submitting their order.

2.7 Before the binding submission of the order via the Seller's online order form, the Customer can recognize any input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order process.

2.8 Only the English language is available for the conclusion of the contract.

2.9 Order processing and communication typically take place via email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at that address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered when using spam filters.

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal. Please find our shipping policies and refund policies attached.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal information: You have the right to withdraw from this contract within 30 days without giving any reason.

The withdrawal period is 30 days from the day you or a third party designated by you, who is not the carrier, takes possession of the goods.

To exercise your right of withdrawal, you must inform us (Email: contact@miamyles.co.uk) of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, which is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of the exercise of the right of withdrawal before the withdrawal period has expired.

You will then receive a return form from us. The items must be returned to our international return center at your own cost. We accept products that are original packaging and unused. Return shipping costs may vary between €15 and €29 depending on the location. We recommend sending your return with a tracking service, as we cannot be responsible for lost returns.

Consequences of Withdrawal If you withdraw from this contract, we will refund you all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without delay and at the latest within 30 days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same payment method you used for the original transaction unless something else has been expressly agreed upon with you; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier point in time.

You must return the goods to us without delay and in any case no later than 30 days from the day you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of 30 days has expired. You bear the immediate costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling them in a way that is not necessary for checking the nature, characteristics, and functioning of the goods.

4. Prices and Payment Conditions

Please find our payment methods overview attached.

4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise that the Seller is not responsible for and that are to be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties).

4.3 The Customer has various payment options available, which are indicated in the Seller's online shop.

4.4 The Customer shall have the option of payment via a payment service provider (e.g., PayPal, Klarna). If the payment is processed through a payment service provider, the T&Cs of the respective payment service provider apply. The Customer can find this on the respective payment service provider's website.

4.5 In the case of payments in advance, the Customer agrees to pay the invoice amount immediately after the conclusion of the contract.

4.6 If the Customer chooses the payment method “direct debit,” the Seller shall collect the invoice amount from the Customer's specified account. The Customer shall ensure that the account has sufficient coverage. If the account is overdrawn, the Customer shall be liable for any fees incurred by the Seller.

4.7 If the Customer defaults on payment, the Seller reserves the right to charge default interest at the statutory rate.

4.8 A set-off against claims of the Seller is only permissible if the Customer's counterclaims are legally established or undisputed.

4.9 The Customer shall only be entitled to a right of retention if their counterclaim is based on the same contractual relationship.

5. Delivery Conditions

5.1 The delivery of goods is carried out by shipping to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the Seller is decisive.

5.2 If the delivery of the goods fails because the Customer has provided an incorrect address, the Customer shall bear the costs for unsuccessful delivery attempts.

5.3 The Seller shall bear the risk of loss and damage to the goods during the shipment, provided that the Customer is a consumer. If the Customer is an entrepreneur, the risk of loss and damage shall pass to the Customer as soon as the Seller has handed the goods over to the forwarding agent, carrier, or other person or institution designated to carry out the shipment.

5.4 The Seller reserves the right to make partial deliveries, provided that this is reasonable for the Customer.

5.5 If the Customer is a consumer, the delivery period shall be no more than 30 days after the conclusion of the contract, unless otherwise agreed.

5.6 If the Seller is unable to deliver the ordered goods within the specified delivery period due to unavailability, they shall inform the Customer of this circumstance without delay and may offer to deliver a comparable item. If no comparable item is available, or if the Customer does not wish to accept a comparable item, the Seller shall refund the Customer any consideration already provided without delay.

5.7 The Seller is not liable for delays caused by force majeure or similar events that significantly complicate or render impossible the delivery.

6. Reservation of Ownership

6.1 The goods remain the property of the Seller until full payment has been made.

6.2 If the Customer is an entrepreneur, the Seller reserves ownership of the goods until all claims arising from the business relationship have been settled in full.

6.3 The Customer is obliged to treat the goods with care and to insure them adequately against fire and water damage as well as theft at their own expense.

6.4 The Customer is entitled to resell the goods in the ordinary course of business. In this case, the Customer hereby assigns to the Seller all claims against third parties that arise from the resale, and the Seller accepts this assignment. The Customer remains authorized to collect the claims even after the assignment. The Seller's authority to collect the claims themselves remains unaffected. However, the Seller will not collect the claim as long as the Customer meets their payment obligations from the proceeds collected, is not in default of payment, and no application for the opening of insolvency proceedings has been made.

7. Warranty and Liability

7.1 The statutory warranty rights apply.

7.2 If the Customer is an entrepreneur, the warranty period is one year from the date of delivery.

7.3 If the Customer is a consumer, the warranty period is two years from the date of delivery.

7.4 If the Customer receives defective goods, they are entitled to demand that the goods be repaired or replaced. If the repair or replacement is impossible or fails, the Customer is entitled to a reduction of the purchase price or the right of withdrawal from the contract.

7.5 In the event of defects in the goods, the Customer must notify the Seller without delay.

7.6 The Seller shall not be liable for damages caused by improper handling of the goods, wear and tear, or acts of God.

8. Final Provisions

8.1 The contract shall be governed by the laws of England and Wales, excluding the UN Convention on Contracts for the International Sale of Goods.

8.2 If the Customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office.

8.3 The invalidity of any provision of these T&Cs shall not affect the validity of the remaining provisions.

8.4 The Seller reserves the right to change these T&Cs at any time, provided that the changes do not affect existing contracts.

Customer Service

You can reach our customer service via email at contact@miamyles.co.uk.

9. Gift Cards

9.1 Gift cards can only be purchased through the online shop. The Customer may select the desired amount when purchasing a gift card.

9.2 Gift cards are valid for three years from the date of purchase. The expiration date is printed on the gift card.

9.3 The value of the gift card can be used in whole or in part for purchases in the online shop. The remaining balance will be displayed in the Customer's account after using the gift card.

9.4 Gift cards are non-refundable and cannot be exchanged for cash.

10. Data Protection

10.1 The Seller collects, processes, and uses the Customer's personal data in accordance with applicable data protection laws.

10.2 The Seller uses the Customer's data for the purpose of processing orders, for customer service, and to inform the Customer about products, services, and offers.

10.3 The Customer has the right to request information about the personal data stored by the Seller and to request the correction or deletion of their data.

10.4 Further details on data protection can be found in the Seller's Privacy Policy.

11. Changes to the Terms and Conditions

11.1 The Seller reserves the right to change these T&Cs at any time. Changes will be communicated to the Customer via email or through the online shop.

11.2 The Customer has the right to object to the changes within four weeks of receiving the notification. If the Customer does not object, the changes shall be deemed accepted.

11.3 In the event of a change in the T&Cs, the Customer shall be given the opportunity to withdraw from the contract.

12. Final Provisions

12.1 The invalidity of any provision of these T&Cs shall not affect the validity of the remaining provisions.

12.2 The Seller's registered office is the place of jurisdiction for all disputes arising from these T&Cs, provided that the Customer is a merchant.