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 websites https://www.daysy.me / https://www.uk.daysy.me / https://www.de.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 websites https://www.daysy.me / https://www.uk.daysy.me / https://www.de.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

Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:

Instructions for cancellation

Right to cancel

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform us (M.I.S.S. GmbH, Breite 2, 82418 Murnau, Germany, E-Mail: info@eu.daysy.me, Telefon: +49 (0) 8841 489560, Fax: +49 (0) 8841 4874616) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the 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 incur any fees as a result of the 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 shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods

Exclusion and/or premature expiration of the right to cancel

The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.

The right to cancel does not apply for consumers who, at the time of concluding the contract, are not nationals of a member state of the European Union and whose exclusive residence and address of delivery are located outside of the European Union.

General information

  1. Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
  2. Please do not return the goods freight forward.
  3. Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.

Cancellation form

If you wish to cancel this contract, please complete and submit this form.

M.I.S.S. GmbH

Breite 2

82418 Murnau

Germany

E-Mail: info@eu.daysy.me

Fax: +49 (0) 8841 4874616

 

I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply 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

 

You can also download this form here:   Cancellation form.pdf (16.3 KB)

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, if Customer is a businessperson or public-law entity.

11.2 All contractual relations shall be governed by German law.

12. Final Provisions

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, 2017