General Terms & Conditions

1. Acceptance and Scope of Application
2. Offer and Conclusion of Contract
3. Scope of Delivery
4. Price and Shipping Expenses
5. Payment Terms
6. Delivery Terms
7. Right of Cancellation
8. Warranty and Liability
9. Manufacturer Warranty
10. Proprietary Rights
11. Applicable Law and Jurisdictions
12. Final Provisions

1. Acceptance and Scope of Application

1.1 These General Terms and Conditions apply to all offers of M.I.S.S. GmbH (hereinafter "supplier“) in the online-shop of the supplier’s website https://www.eu.daysy.me, including all contracts, delivery and services arising through orders placed by private individuals (hereinafter "customer“) via the online-shop of the supplier’s website https://www.eu.daysy.me.

1.2 By placing an order the customer agrees to the terms and conditions of the supplier.

You can contact our German and European customer service for questions and complaints on workdays from 9 a.m. to 5 p.m. by phone +49 (0) 442 1775 900 or by e-mail at info@eu.daysy.me

M.I.S.S. GmbH, Breite 2, DE-82418 Murnau, Germany. Commercial Registry: Local Court Munich HRB 77457

2. Offer and Conclusion of Contract

2.1 The presentation of the products in the online shop does not represent any legally binding offer, but an invitation to place orders and is subject to errors.

2.2 Information, descriptions, and explanations on the website are noncommittal unless the supplier has expressly described them as committal in writing.

2.3 By clicking the button "Complete Order” in the online-shop, the customer sends a binding order for the products listed on the ordering page. The confirmation of your order takes place simultaneously with the acceptance of the order immediately after sending an automated e-mail. The purchase contract comes into effect with this e-mail confirmation.

2.4 The contract languages are German and/or English.

2.5 Any agreements between the supplier and the customer must be made in writing. This also applies to the preparatory function of the requirement of the written form itself.

3. Scope of Delivery

3.1 The extent of the supply and of services in connection therewith shall be in accordance with the written order confirmation of the supplier. Changes of scope of supply and services require a written agreement between the customer and supplier.

3.2 The supplier remains to have the unrestricted property and copy right of all delivered documents.

4. Price and Shipping Expenses

The prices stated in the online shop are inclusive of VAT but exclusive of postage or custom costs for deliveries within Europe. Prices are subject to change.

5. Payment Terms

5.1 The customer may choose between payment by payment in advance, credit card or Paypal.

5.2 The credit card or Paypal-account will be charged upon confirmation of the order.

5.3 When paying by payment in advance, we will send you our bank details with the confirmation of the order and will deliver after receipt of payment.

5.4 A settlement of claims by the customer is only permitted with the express written consent of the supplier.

6. Delivery Terms

6.1 Delivery takes place in Germany and Europe via DHL in neutral packaging.

6.2 Delivery time within Germany is 2-4 workdays. Delivery time abroad is 3-10 workdays. In case of delayed delivery, the customer will immediately be informed via e-mail.

6.3 With the shipment of the product, all benefits and risks will be conveyed to the customer.

7. Right of Cancellation

7.1 You can cancel your order in text form or by returning the goods without giving any reason within 14 days from the day on which you or a third party indicated by you received the goods purchased or from the day of conclusion of the contract. The cancellation is adressed to:

M.I.S.S. GmbH, Breite 2, DE-82418 Murnau, Germany. e-Mail: info@eu.daysy.me

Effects of cancellation

We will reimburse all payments received from you for the goods purchased no later than 14 days from the day on which we received the above communication. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You will have to bear the direct cost of returning these goods if the value of the delivered goods does not exceed 40 Euro. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

Exceptions to the right of cancellation

The right of cancellation does not apply to:

  • the delivery of goods which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparately mixed with other items.
  • the supply of goods made to your specifications or clearly personalized.

7.2 Please avoid damages and contanimations. Please return the purchased goods including the original packaging and including all accessories. Please make sure that the purchased goods are adequate protected against damages in transit.

7.3 Please return the purchased goods in a postpaid package.

7.4 Please note that the modalities of 7.2 to 7.4 are not required for the effective right of cancellation.

8. Warranty and Liability

8.1 The warranty is subject to statutory provisions. Any additional guarantees from the manufacturer are not affected.

8.2 The supplier shall only be liable for direct damage in cases of gross negligence. Liability for medium and light negligence is expressly excluded. Also, the liability for any indirect damages is excluded. Limitations do not affect product liability claims by the customer. The limitations of liability do not apply to bodily injury, damage to health or loss of life of the customer.

9. Manufacturer Warranty

9.1 Guarantee for daysy® (hereinafter “device “)
daysy® consists of modern materials and high quality components that have been developed and processed with high quality standards. Each device has been controlled and tested before being shipped out to the customer. The manufacturer therefore guarantees that daysy® stay free from defects of materials or manufacturing.

9.2 The warranty period begins on the day of the sale of a new device from an authorized dealer to the original consumer. Manufacturing warranty is 2 years.

9.3 In case of damage or defects, the manufacturer guarantees free repairs, exchange of the device by a new one or refund of the purchasing price at the manufacturer’s own determination of the best option, once the faulty or damaged product has been returned to the manufacturer. Further claims, in particular for losses and damages, including follow-up damages, are excluded. Indirect damage is not covered by warranty.

9.4 Not covered by warranty are damages resulting from improper usage, cleaning, handling or storage. Warranty is voided by opening the device, damage done to the device label or other external influences.

9.5 Warranty claims are only valid if the customer reports the defect to the manufacturer immediately in writing within 2 weeks after such defect is discovered. Usage must be discontinued after the realization of the defect. The device must be returned to the manufacturer by recorded delivery, accompanied by original warranty card (filled out) and a copy of the original invoice.

9.6 This warranty does not limit warranty rights with regards to supplementary performance, price reduction, withdrawal and damages, to which the customer is legally entitled to.

10. Proprietary Rights

10.1 The product supplied remains property of the supplier until all claims under this contract are fulfilled (including all current account balance claims). As long as right of ownership is with the supplier, the customer is prohibited from hypothecation or transferring the ownership of the goods as security, with resale only being permitted within the framework of a proper business operation.The customer hereby assigns any receivables resulting from resale or other legal grounds (e.g. insurance claims and claims for damages) with regards to the products subject to retention of title to the supplier (including all current account balance claims). If other arrangements are necessary for the legal validity of the justification for the retention of title or the assignment of claims , the customer is obliged to meet the necessary arrangements for the supplier. For any property registry entry, the customer hereby renders his permission for the registration.

10.2 The customer is obliged to properly insure the goods supplied against the risk of fire, theft and other types of damages.

11. Applicable Law and Jurisdictions

11.1 Exclusive place of jurisdiction is the suppliers place of business.

11.2 All contractual relations shall be governed by German law.

12. Final Provisions

12.1 Amendments and/or addenda to the contract must be submitted in writing. This also applies to the preparatory function of the requirement of the written form itself.

12.2 The invalidity or ineffectiveness, if any, of one or more clauses of the present contract, for whatever reason, will not cause the invalidity or ineffectiveness of the present contract, the remainder of which will remain valid and effective. If any clauses are found to be invalid or unenforceable, they will be replaced by new valid clauses that are in conformity with the legal and economic meaning of the invalid provision. One is to proceed analogically as with cases of contractual gaps.

Murnau, 2016