General Terms and Conditions
of Mikan & Miler OG
(hereinafter referred to as the “Seller”)
1. Scope
These General Terms and Conditions (GTC) apply to all contracts for the purchase of goods between Mikan & Miler OG (hereinafter referred to as the “Seller”) and its customers (hereinafter referred to as the “Buyer”).
Any deviating terms and conditions of the Buyer shall only be recognised if their validity has been expressly agreed to in writing.
Consumers within the meaning of these GTC are natural persons who enter into legal transactions for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.
Entrepreneurs are natural or legal persons, or partnerships with legal capacity, for whom the legal transaction in question forms part of the operation of their business.
2. Conclusion of Contract
The presentation of goods in the online shop, on social media platforms, or in other presentations does not constitute a legally binding offer.
A purchase contract is concluded only by:
- express acceptance by the Seller,
- dispatch of the goods,
- or handover of the goods.
In the case of in-store sales, the contract is concluded by agreement on the goods and the purchase price.
The Buyer is obliged to provide all information given in connection with the order completely and truthfully.
3. Prices and Payment
All prices are stated in euros. Mikan & Miler OG is a small business within the meaning of Section 6 para. 1 no. 27 of the Austrian VAT Act (UStG). Therefore, no VAT is charged or shown.
Unless otherwise agreed, the purchase price is due for payment immediately upon conclusion of the contract.
The Seller is entitled to request deposits. Unless otherwise agreed, the deposit shall amount to at least 20% of the purchase price.
If the agreed remaining purchase price is not paid despite a reasonable grace period, the Seller is entitled to withdraw from the contract.
Deposits already paid may be retained to cover incurred damages and expenses, insofar as this is legally permissible.
4. Retention of Title
The goods remain the property of the Seller until the purchase price has been paid in full.
The Buyer undertakes to treat the goods with care while retention of title exists and to inform the Seller immediately of any access by third parties, damage, or loss of the goods.
If the Buyer is an entrepreneur, the Buyer hereby assigns to the Seller all claims arising from any resale of the goods subject to retention of title. The Seller accepts this assignment.
5. Default in Payment
In the event of default in payment, the statutory default interest shall apply.
In the event of default in payment, the Seller is entitled to:
- declare outstanding claims due and payable,
- withdraw from the contract,
- and demand the return of the goods.
The Buyer undertakes to reimburse all reminder and collection costs necessary for appropriate legal enforcement, insofar as these are reasonable.
6. Delivery and Shipping
Delivery dates and delivery periods are non-binding unless expressly agreed otherwise in writing.
Delivery shall be made to the address provided by the Buyer.
In the case of entrepreneurs, the risk of accidental loss or accidental deterioration of the goods passes to the Buyer upon handover to the transport company.
In the case of consumers, the risk passes only upon handover of the goods to the consumer.
Any shipping costs shall be communicated to the Buyer before conclusion of the contract.
7. Warranty
The statutory warranty provisions apply.
All goods offered are used unless expressly stated otherwise.
For used goods, the warranty period for consumers is one year from handover of the goods.
Used goods may show age-related signs of use, patina, material fatigue, repairs, or minor damage. Such characteristics do not constitute a defect, provided they were recognisable at the time of conclusion of the contract or correspond to the usual condition of used goods.
If the Buyer is an entrepreneur, the Buyer must inspect the goods immediately upon receipt and notify the Seller in writing of any recognisable defects no later than within seven days. Hidden defects must be reported in writing immediately after their discovery. Otherwise, the goods shall be deemed approved (Section 377 of the Austrian Commercial Code, UGB).
8. Liability
The Seller shall only be liable for damages caused intentionally or by gross negligence.
Liability for slight negligence is excluded, except in the case of personal injury and claims under mandatory consumer law.
Liability for consequential damage, loss of profit, and indirect damage is excluded vis-a-vis entrepreneurs.
Used electrical appliances are sold with reference to age-related and use-related limitations. Inspection by a qualified specialist company is recommended.
Mandatory statutory warranty and liability rights of consumers remain unaffected.
9. Right of Withdrawal for Online Purchases
We accept returns from all 27 countries of the European Union for online consumer purchases. You can cancel your purchase within 14 days of receiving your item.
To exercise your right of withdrawal, inform Mikan & Miler OG (MMØBEL) of your decision by a clear statement, for example by email to hej@mmobel.com. Send the item back within 14 days of notifying us that you are withdrawing from the purchase.
Returns are sent to Mikan & Miler OG, Seidengasse 32/3/14, 1070 Vienna, Austria. Please contact us to coordinate the transport or an appointment for handover. Furniture must be suitably protected for return transport.
You arrange and pay the direct cost of return transport, including for large or heavy furniture. The cost depends on the item, destination and carrier.
We refund the full purchase price, using the same payment method unless you agree otherwise.
We process refunds within 7 calendar days after receiving the returned item, or sooner where required by law; we may withhold reimbursement only until we receive the goods.
The customer-paid return transport policy applies to change-of-mind returns. Your statutory rights for faulty or incorrectly supplied goods remain unaffected; the seller bears the necessary return costs for faulty goods.
10. Data Protection
Information on the processing of personal data can be found in the Seller’s privacy policy.
11. Applicable Law and Place of Jurisdiction
Austrian law applies, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
For disputes with entrepreneurs, the court having subject-matter jurisdiction in Vienna is agreed as the place of jurisdiction.
With respect to consumers, the statutory places of jurisdiction apply.
12. Final Provisions
Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
The statutory provision shall take the place of the invalid provision.
The Seller reserves the right to amend these GTC at any time. The version valid at the time of conclusion of the contract shall be decisive.