Terms and Conditions

Terms of sale

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN
A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.

1. Formation of the Contract:
These terms of sale apply to all goods supplied by Miele (Pty) Limited, registered in South Africa
with company registration number 1982/001769/07.
Miele may at its discretion change these terms from time to time without notice.
1.1 No contract exists between the Customer and Miele for the sale of any goods until Miele
has received and accepted the Customer’s order and a refundable deposit equal to or greater than 30% of the VAT inclusive purchase consideration of the total order value.
1.2 The customer has the right to cancel the order prior to delivery in which case the deposit
will be refunded to the customer.
1.3 All cancellations by customer before delivery must be submitted in writing to Miele.
1.4 Ownership of the goods is retained and stays vested in Miele until goods have been delivered.

2. Description and price of the goods:
2.1 The description and price of the goods the Customer orders will be as shown on
Miele’s current price list at the time the Customer places the order and/or any
supplementary price list that may be produced from time to time. Error and
omissions excluded.
2.2 The goods are subject to availability. If on receipt of the order, the goods ordered
are not available in stock, Miele will inform the Customer as soon as possible, offer
the Customer an alternative product or an alternative delivery date, or refund the
Customer the deposit.

2.3 The availability of goods is influenced by the provided expected delivery date. In the circumstance this date is brought forward at short notice (within 6 weeks) availability of goods cannot be gauranteed.
2.4 Every effort is made to ensure that prices shown in Miele’s current price list or
shown on its appliance displays are accurate at the time the Customer places the
order. If an error is found, Miele will inform the Customer as soon as possible and
offer the Customer the option of reconfirming the order at the correct price or
cancelling the order. If the Customer cancels, Miele will refund the Customer the
deposit.
2.5 In addition to the price, the Customer may elect to add installation services at an additional charge or depending on location a delivery charge for the goods may apply; such charges will be made available to the customer at the time of the customer placing the order. See clause 5.2.
2.6 The price of the goods and installation or delivery charges are inclusive of VAT.

3. Payment:
3.1 Payment for the goods and delivery charges can be made by any method shown on
this Miele Customer Order.
3.2 The deposit paid by the customer will be applied against the purchase consideration
of the order upon delivery of the goods, or against the purchase consideration
for an alternative product supplied by Miele.

4. VAT on Exports:
In terms of the requirements as stipulated in VAT Interpretation Note 30
4.1 (a Direct export) VAT will be levied at zero rated for all export orders where Miele
controls the export to the foreign destination
4.2 (an Indirect export) VAT will be levied at the standard rate (currently 15%) where
Purchaser controls the export to the foreign destination

5. Installation and Delivery.

5.1 The goods that the Customer orders and has submitted a refundable deposit greater than or equal
to 30% of the VAT inclusive purchase consideration of the goods for installation or delivery
charges, will be delivered to the address that the Customer gives provides when placing the
order.
5.2 If the Customer’s delivery address is within 100 km of the major centres of
Johannesburg, Pretoria, Cape Town or Durban basic delivery to the home is free of charge. Where delivery address is outside of this 100km radius a delivery charge based on postcode will be advised.

Red Carpet installation charges.

If a customer would like our red carpet team to
install the appliances, for example integrated refrigerators, ovens etc, a schedule of installation charges per product category is available. These charges will be quoted separately at the time of order
placement and / or with a Miele consultant who can advise and arrange.Terms and Conditions apply.

Terms and Conditions:
5.2.1 Red carpet Service includes connection/installation of appliances by our
trained Miele staff, product switch on and test, removal of packaging material,
cleaning the appliances and the installation area.
5.2.2 MasterCool, island and downdraught extractors are quoted separately. Please
contact our logistics department for further information..
5.2.3 Miele only provides installation or connection to existing services. Miele staff
may not perform any plumbing or electrical work other than connection, fitment
and electrical plug connection to wall sockets.
5.2.4 With regard to gas hobs, Miele installation includes the positioning of the unit within the bench. Miele cannot complete gas connections or provide a Certification of Gas installation which a consumer must seek from a certified gas installer.

5.3 If the Customer’s delivery address is not as mentioned in 5.2 Miele will deliver to
the address as separately quoted.
5.4 If delivery cannot be completed after the second attempt through no fault of Miele,
the Customer will be requested to collect the goods or pay an additional
connection/installation cost thereafter.
5.5 Every effort will be made to deliver, connect and install the goods as soon as
possible after the order has been accepted, or as per customer requested delivery date.However,
Miele will not be liable for any loss or damage suffered by the Customer through
any reasonable or unavoidable delay in connection/installation. In this case, Miele
will inform the Customer as soon as possible. Miele requires delivery within 6 months of order placement, storage charges will apply per month after this period and such charges will be provided to the customer based on the
size and number of appliances.
5.6 Additional installation and delivery charges apply for areas outside of the 100km
radius of the major centres. These include Johannesburg, Pretoria, Durban and
Cape Town. These charges will be quoted separately at the time of order
placement.
5.7 The Customer will become the owner of the goods ordered and will be responsible
for risk or loss or damage to them once they have been delivered to the Customer’s
nominated address.
5.8 The Customer agrees to accept installation and delivery of the appliances as
inspected and as explained by the salesperson at the time of purchase and sale.

5.9 B-Stock and Display stock appliances are sold at a discount appropriate to the state of the appliances as inspected by the consumer at point of sale and as explained by the salesperson at the time of purchase.
5.10 The Customer understands and accepts the intended application of the appliance(s)
and its application party for domestic use only.
5.11 The Customer or authorized party should be present at the time of installation or
delivery, and must inspect goods for any signs of damage otherwise no claim for
damages after delivery can be entertained by Miele.
5.12 Miele reserves the right to repair / replace any faulty component or part damaged
at the time of delivery within a reasonable period of time not exceeding three
working days.

7. Returns:
7.1 Miele does not allow returns based on customer change of mind or wrong decision
after delivery.
7.2 Can only be considered where the appliance has not been used and is in original
packaging, manuals and other accessories are still available, and it can be proved
that the goods were purchased following incorrect advice from Miele or its
appropriate agent.

8. Warranty:
8.1 All goods supplied by Miele are warranted free from defects for 24 months from the
date of supply, unless indicated otherwise by Miele. This warranty does not affect
the Customer’s statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and
tear, wilful damage, accident and negligence by the Customer or any third party,
used otherwise than as recommended by Miele, failure to follow Miele’s
instructions, or any alteration or repair carried out without Miele’s approval.
8.3 If goods supplied to the Customer develop a defect while under warranty, or the
Customer has any other complaint about the goods, the Customer must notify
Miele as soon as possible.
8.4 Miele reserves the right to inspect and repair all appliances during the period of
notification of such fault. Miele commit to inspect and or repair the appliance
within a reasonable timeframe.

9. Data Protection:
9.1 Miele will take all reasonable precautions to deep the details of the Customer’s
order and payment secure, but unless Miele is negligent, Miele will not be liable for
unauthorized access to information supplied by the Customer.
9.2 Miele will only use the personal information that the Customer provides for the
purpose of fulfilling the Customer’s order, unless the Customer agrees otherwise

10. Applicable Law:
This agreement shall be governed by and construed in all respects in accordance with the
laws of the Republic of South Africa and each party hereby submits to the non-exclusive
jurisdiction of the Courts of the Republic of South Africa.
This agreement complies with the new Consumer Protection Act affected on 1 April 2011.
Miele will not be held liable for any damages or consequential damages resulting from
connecting appliances at the Customer’s premises by an employee or agent of Miele.
Miele its employees and agents are hereby irrevocably indemnified against any claim of
whatsoever nature resulting from an incorrect of faulty connection of appliances, including
negligence on the part of Miele, its employees or agents.
The customer herby warrants that all water and electrical connections are in good order and
complies with any and all regulations, bylaws, and statutes.

1. Workshop charges: For vacuum cleaner / other repairs you will incur are minimum workshop charge which is currently R465.00 excluding  VAT (prices are subject to change without prior notice).The  above charge will include labour , cleaning  and / or re-calibration of any component . Should any spare part be required, Miele will provide a quotation before continuing with the repair.

2. Diagnostics, Repairs Quotes & Advise: Sometimes a fault can be a result of series of failures within the equipment, in these cases it’s not always obvious on the outset that more than one area is affected until the process of fixing has begun. We try to be as accurate as possible when we diagnose and quote the job, be aware that should we find more faults we will quote extra for these to be repaired. : Qualification: A vacuum is showing signs of poor performance we diagnose and quote for replacement of bag and filter. It later transpires that the motor is also malfunctioning and needs to be replaced too. Miele may also direct you to certain readily available parts yourself, this may include installing bags and or filters.

3. Warranty: In Servicing your appliance Miele warrants:

1. That service will be provided in a professional manner and
2. That all parts or products used in the service will be free from defects in materials and workmanship for ninety (90) days from the date of service.

4. Collection: Once we have notified you of the repair of your appliance, you will need to collect as soon as possible. If the appliance has not been collected within 90 days, Miele will send a reminder to either the email address or sms the mobile number provided. If you fail to collect within 14 days, the appliance will be deemed to be the property of Miele and will have the right to dispose of the appliance at our discretion. Should Miele provide you with a quotation for spare parts this quotation will valid for 14 days. Failure to revert after 14 days will result in a consultation charge of R80.

5. Disposal: Depending on the appliance, we may choose to dispose by commercial means.

6. Cancellation: You may cancel at any time in person at our support desk, providing that we have not already installed any spare parts. Appliances should also be collected at this point.

7. Limitation of Liability: If any appliance should be damaged or lost while In Miele’s possession , Miele’s liability will be limited to the cost of repair or replacement of the affected product.

8. Availability of Service: Service under this Repair Terms and Conditions is offered and valid to all customers who will deliver at their own cost, any appliance to our workshop facility in Bryanston.

9. Complete Agreement, Severability, Force Majeure: These Terms and Conditions govern Miele’s service obligation .No other oral or written Terms and Conditions will apply. Miele is not responsible for any failures and delays in performing services that are due to events outside Miele’s reasonable control.

 CONDITIONS OF SALE

1. In this document , unless in consistent with or otherwise indicated by the “ context”
   1. ‘the contract ‘ means these conditions of sale as read with the details recorded on the face thereof;
   2. ‘the goods’ means the good as described on the face thereof
   3. ‘the purchaser’ means the person described as such on the face thereof
   4. ‘the purchase price ‘ means the price described on the face thereof
   5. ’Miele’ means Miele ( Proprietary) Limited
   6.  
2. The purchaser acknowledges that the contract constitutes the entire agreement between Miele and the purchaser and Miele will not be bound by verbal arrangements representations or warranties which are not included in the contract.

3. The purchase price is the net the net cash price of the goods and is exclusively of  delivery charges and general sales tax, which are payable by the purchaser. The purchaser price shall be paid within 30 days from the date of Miele’s invoice in respect of the goods, at Miele’s address specified in the face thereof. Any part of the price unpaid on due date shall attract maximum interest rate permissible by law. If the purchase price is stated on the face hereof as being subject to a prompt payment discount, then such discount will only be allowed if payment is made on or before the due date for payment of the purchase price.

4. Ownership in the goods shall remain vested in Miele until the purchase price has been paid in full .The risk of loss and or damage to the goods shall pass to the purchaser upon delivery thereof to the purchaser or its representative.

5. Delivery of goods shall be effected by Miele at the delivery address recorded on the face thereof .Miele shall be entitled to effect (and invoice) part deliveries of the goods in Miele’s discretion. Insofar as Miele may fail all the goods in one single delivery, the purchaser shall not be entitled to cancel the contract or claim an abetment of the purchase price.

6. Miele warrants that   
   1. the goods will be free from defects arising out of faulty materials or workmanship for a period of 12 months and
   2. the specifications of the goods are substantially as stated in the manufactures instruction booklet relating to the goods .

7. The warranty period shall commence
   1. If the purchaser is a member of the general public on the date of delivery of the goods by Miele to the purchaser or
   2. If the purchaser is an authorised Miele dealer or distributor of the goods and has purchased the goods from Miele for purpose of resale to a member f the general public on the date of delivery to the goods to such member of the general public

8. The authorised Miele dealer or distributor shall furnish the member of the general public to whom it has sold the goods , with a copy of the warranty contained in this clause 6: at the time of sale of the goods to such member of the general public.

9. Miele’s obligations in terms of this warranty are conditional upon:
   1. the goods having been purchased directly from Miele or from an authorised distributor appointed by Miele and having been installed by Miele or any of its authorised agents
   2. the goods having been used strictly in accordance with the conditions contained in the manufactures instruction booklet relating to the goods
   3. the goods not having been modified or altered
   4. the goods having been used only for the purpose for which the goods are intended
   5. The goods having been maintained in accordance with the manufacture’s specifications contained in the manufacture’s booklet relating to the goods by an authorised Miele service agent.
   6. The goods having remained in the possession and use of the purchaser at all times  
   7. Miele testing the goods claimed to be defective at its factory premises and satisfying itself that the goods are defective as claimed
   8. The failure in the conditions not having been caused by lack of proper care or lack of maintenance of the goods
   9. The purchaser lodging a warrant claim in writing to Miele or an authorised distributor appointed by Miele within 7 days after the defect occurring in the goods

10. The warranty is no transferable , except as provided n 8 above 

11. Miele’s sole obligation intents of the warranty shall be to replace or repair ,free of charge, the goods or component of the goods which are defective and covered by the warranty

12. Should Miele require , pursuant to a warranty claim that the goods be detached and /or delivered to its premises for testing and repair the purchaser shall be liable for all transport costs inquired by Miele 

13. The warranty recorded above is given in lieu of all other warranties express or implied and whether by common law or statute, and constitutes the sole remedy available to the purchaser against Miele in respect of the goods being or becoming defective after the delivery thereof to the purchaser

14. Miele shall not be liable to the purchaser for any direct , indirect or consequential damages which the purchaser may suffer resulting from the breach by Miele of its obligations under the contract, or resulting from the possession or use of the goods by purchaser

15. The purchaser shall not be entitled to make any deduction or set off from the purchase price, in respect of anyclaim it may have against Miele

16. If the purchaser commits a breach of any of theseterms and conditions of the contract , Miele shall be entitled , without prejudice and in addition to any other remedies it has in law to:
    1. claim immediate payment of all amounts payable by the purchaser to Miele under this contract whether then due and payable or not ;and
    2. suspend the performance of any obligation owed by Miele

17. Any relaxation which Miele may permit in regard to any of the purchase ‘s obligations shall not prejudice or be regarded as a waiver of Miele’s right to enforce those obligation

18. Should the purchaser breach the contract, all costs and disbursements including legal costs of the attorney and own client scale, incurred by Miele in recovering possession of the goods, or in tracing the purchaser and / or locating the goods , or collecting commission , storage charges costs of valuation of the goods , selling commission, dismantling, and removal charges and all other fees and charges of a like nature , shall be borne by purchaser.

19. The purchaser chooses the address at which the goods are to be delivered as its domicillium citandi et executande for all purposes under the contract including the service of legal process.

20. Miele shall be entitled to institute proceedings arising out of the contract in the magistrate’s court having jurisdiction over the purchaser, notwithstanding that the cause of action may exceed the jurisdiction of such court.

​The following terms of contract apply

I       Duration and start of cover

1.    Miele South Africa grants a 2 year guarantee on boxed items and a 1 year guarantee on unboxed items from the date of purchase of the unit. With the Miele Service Certificate, Miele South Africa covers the cost of repairs for a further one (MSC 1), three (MSC 5) or eight (MSC 10) immediately after the guarantee period. The valid period is shown on the front of the certificate.

2.    The Contract of Miele Service Certificate for one year is extended automatically buy a further (12) months up to ten (10) years after the purchase date of the unit. The contract is automatically cancelled thereafter, it can also be cancelled in writing no later than one month prior to the end of the annual period of cover from the first day of validity/renewal day. The automatic extension becomes valid after the customer as paid the invoice received at the start of the extended period within the given settlement time.

3.    An existing Miele Service Certificate 5 can be extended to (10) yeas within its period of cover (MSC 5+5).

4.    Miele is entitled to carry out price adjustments at any time. When purchasing a Miele Service Certificate, the prices from price list valid at the time of closure apply. Price changes to the Miele Service Certificate for one year can be noted from the annual invoice. Written information in advance will not be given. If the invoice is paid within the payment period, it is assumed that the price change has been accepted. If payment is withheld, the warranty will not be extended.

5.    All prices include the statutory value added tax. There is no shipping charge for the Miele Service Centre.

6.    Depending on the order placement the certificate will either be provided by the technician on site, e-mail or mail.

7.    Repair of the machine or provision of the spare parts does not extend the period of the contract.

II.Conditions

1.  The machine has been purchased from an authorized specialist retailer or directly from Miele South Africa
2. At time of purchase of the Miele Service Certificate residence and location of the unit are within South Africa
3. The certificate is only valid for one specific Miele machine in each case and is non- transferable.
4. If the ownership of the machine changes or if the owner moves to a different address, Miele must be informed so that the certificate remains valid.
5. The certificate must be registered and taken out with the machine’s 2-year guarantee period. The Miele Service Certificate for one year can also be obtained directly after a service visit by Miele technician on units no older than (10) years.
6. The services within the framework of the certificate will only be provided within South Africa.
7. If requested by Miele, the purchaser and the certificate, which must show the name and address of the customer, are to be shown.
8. A unit with certificate is for non-commercial use only.
9. The Miele Service Certificate is not available for coffee makers, Master cool and vacuum cleaners. Special service offers apply for coffee makers.

III. Cover and range

1. Machine defects will be remedied free of charge within a reasonable period either through repair or the replacement of the affected parts. All travel costs, call out charges, labor and spares costs will be assumed by Miele South Africa.
2. Services within the framework of the certificate may only be carried out by service agents authorized by Miele South Africa.
3. If the machine is beyond economic repair or if repair is impossible, the customer will be provided with an identical or equivalent new machine. Alternatively, if requested the appropriate current market value of the machine maybe reimbursed. If the current market value of the appliance s reimbursed by Miele the certificate becomes invalid. If the machine is replaced the remaining period of cover provided by the certificate is transferred to the new unit.
4. The Miele Service Certificate does not cover any further claims for damage against MIELE South Africa, except in cases resulting from gross willful negligence on the part of technical service agent provided by Miele South Africa or liability resulting from fatal injury, physical injury or damage to health.
5.  The provision of consumables and accessories is not covered by this agreement.

IV. Limitations

The Miele Service Certificate will not cover costs for repairs where a fault is due to the following:

1. Improper installation e.g. noncompliance with relevant safety regulations and written operating and installation manual.
2. Improper use and operation, such as the use of unsuitable detergents or chemicals.
3. A machine purchased in another country, may not be suitable for use or maybe subject to restrictions on use on account of different technical specifications.
4. External such as damage caused through transportation, impact and jolting, inclement environmental conditions or natural phenomena.
5. Repairs or modifications not performed by service agents trained and authorized by Miele.
6. Failure to use genuine Miele parts or accessories authorized by Miele.
7. Glass breakage and defective bulbs.
8. Fluctuations in power supply conditions which exceed the tolerances stated by the manufacture.
9. Failure to perform cleaning and care work in compliance with the operating instructions.

V. Data protection 

Personal data will only be used for the purpose of fulfilling commitments regarding the contract and in full compliance with data protection legislation.

VI. Right of withdrawal

You have the right to withdrawal from this contract 14days without giving any reason

The withdrawal period will expire 14days from the day of conclusion of

The contract .To exercise the right of withdrawal, you must inform Miele South Africa, 63 Peter Place, Bryanston, 2194, 011 875 9000, info @miele.co.za of your decision to withdraw from this contract by an unequivocal statement ( e.g. a letter sent by post , fax or e-mail), you may use the attached model withdrawal form , but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdrawal from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without any undo delay and in any event not later than 14 days from the day on which we are informed about your decision to withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise, in any event, you will not inquire any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from tis contract, in comparison with the full package of this contract.

Model withdrawal form

(Please complete and return this form only if you wish to withdrawal from this contract)

-To Miele South Africa, 63 Peter Place, Bryanston, 2194,011 875 9000, info@miele.co.za

-I/We hereby give notice that I /we (*)

Withdrawal from my/our (*) for the provision of the following service (*)

-Ordered on (*)/received on (*)

-Name of consumer(s)

-Address of consumer(s)

-Signature of consumer(s)

(Only if this form is notified on paper)

-Date

(*)Delete as appropriate