TERMS OF DELIVERY 1. GENERAL Any deliveries made or services provided by muellershoponline.com (hereinafter called Supplier) shall be subject to these Conditions of Sale. No other conditions shall be valid even if Supplier does not generally object to those. Likewise, these Conditions of Sale concern any contracts between Supplier and Customer.
2. AVAILABILITY OF GOODS ORDERED In case an article is not available, Supplier reserves the right to resign from the contract. Supplier shall inform the Customer of the situation without any delay. Delivery is possible as long as stocks last. From the moment a product or any product details depicted in the online shop or contained in the catalogue are deleted, the original offer shall be invalid.
3. CONTRACT DOCUMENTS The customer shall, for his own convenience, print out his order and, if applicable, confirmation received from Supplier. Supplier shall save these documents but not be supposed to have them available with every incoming order. Contract language is English/ Chinese. No other languages shall be used.
4. PRICES/ FREIGHT COSTS/ PAYMENT/ DATA PROTECTION Prices shall be the ones of the date of order. Despatch shall be made via the postal service. Despatch within Hong Kong shall be included in the order. Despatch to China or other Asia countries shall be based on the terms applicable. For better security and for the Customer’s convenience, payment shall be made by direct debiting, credit card or cash on delivery/Cheque.
5. DELIVERY Supplier shall make all efforts to deliver by the date named by the Customer. Any articles not available at the moment of delivery shall be sent to the Customer as soon as available. Despatch shall be made through the parcel delivery service chosen by Supplier. In case the Customer is not at his premises at the moment of delivery, written advice of delivery shall be left in his letter box. Any additional costs resulting from any further Supplier’s attempts to deliver shall be borne by the Customer.
THE ABOVE STIPULATIONS SHALL BE SEEN WITHIN THE FRAMEWORK OF OUR CONDITIONS OF SALE. IN CASE OF DOUBT, THE ABOVE STIPULATIONS ON DELIVERY SHALL HAVE RANK PRIOR.
CONDITIONS OF SALE 1. GENERAL Any deliveries made or services provided by muellershoponline.com (hereinafter called Supplier) shall be subject to these Conditions of Sale. No other conditions shall be valid even if Supplier does not generally object to those. Likewise, these Conditions of Sale concern any contracts between Supplier and Customer.
2. OFFERS Supplier’s offers are not binding and without obligation. Contracts shall be generated by means of oral or written order. Supplier shall not be supposed to confirm orders. In an appropriate way, Supplier reserves the right to slightly deviate from the contract in case technological or quantity-related needs force him to do so. In any such case the Customer shall be sent written confirmation. Delivery shall strictly follow the stipulations made in said confirmation.
3. DESPATCH Despatch shall be carried out ex works and without obligation and at the Customer’s risk. Consignments shall be suitably packed. If not otherwise agreed with the Customer, the choice of mode of despatch shall be at Supplier’s discretion. Supplier shall not be liable to take out insurance, however, Supplier may take out insurance if the Customer wants him to do so. Costs shall be borne by the Customer.
4. DELIVERY Periods of delivery or of services to be provided shall base on the contract, given Supplier himself has received correct and punctual supplies. Partial deliveries shall be possible. Punctual delivery requires, as a prerequisite, Supplier has received all documents to be submitted by the Customer (business registration). In addition, punctual delivery requires the Customer pays in conformity with the terms of payment Supplier and Customer have agreed on. Supplier shall be entitled to adequately postpone the date of delivery if, due to mobilization, war, riot, strike, lock-out or unforeseen circumstances for which Supplier cannot be held liable, Supplier is unable to meet the date of delivery. In case of services being late or in case Supplier can be held liable for services not being provided, the Customer shall be entitled, within the framework of the law, to cancel the contract. Services shall not be called late as long as the obstacles mentioned above are effective. In case of late delivery, cancellation due to late delivery or in case Supplier can be held liable for his inability to provide the services under contract, the Customer shall not be entitled to claim damages, except Supplier or any of his subcontractors acted grossly negligently or on intention. In case the Customer causes late receipt of goods delivered by Supplier or in case the Customer breaks any of his duties, Supplier shall be entitled to claim damages. In any such cases, the risk of the goods delivered by Supplier being eventually destroyed or losing value shall be transferred to the Customer from the moment the Customer has started causing late receipt of the said goods.
5. RETENTION OF TITLE TO GOODS DELIVERED BY SUPPLIER Any goods delivered by Supplier (reserved goods) shall remain Supplier’s property until full payment has been received by Supplier. As long as the retention of the title to the goods delivered by Supplier is effective, the Customer shall be forbidden to give said goods in mortgage or to assign said goods as collateral. However, the Customer shall be permitted to sell said goods. Supplier’s Customer’s right to payment made by his Customer shall replace the goods sold. Supplier’s Customer is entitled to draw on his Customer. In case Supplier’s Customer does not appropriately observe the duties resulting from the contract with Supplier, Supplier shall be entitled to cancel Supplier’s Customer’s right to sell said goods and to draw on his Customer. Supplier’s Customer shall, without any delay, report to Supplier any theft of the reserved goods, any damage to them or any loss as well as any bankruptcy proceedings that might have been instituted or any petition for composition that might have been filed. In case Supplier’s Customer does not pay punctually or in case Supplier’s Customer’s financial position does not allow Supplier’s Customer to make payment when due, Supplier, after appropriate reminders, shall have the right to the goods delivered by him being returned. Supplier’s Customer shall return said goods. Enforcing the retention of the title to the goods delivered or levying execution of the reserved goods against Supplier’s Customer shall, if not expressly so stated by Supplier, be no cancellation of the contract.
6. TERMS OF PAYMENT Terms of payment shall be in conformity with the contract. Both new and foreign Customers shall be delivered following payment in advance or cash on delivery or payment by credit card.
7. WARRANTY Warranty shall cover the goods sold do not show any faults resulting from their manufacture or from the material used and are manufactured to the state-of-the-art and to the standards of the manufacture of Erzgebirge folklore wooden figurines. Warranty shall follow the law and becomes effective on the Customer receiving the goods. Any faults resulting from the Customer storing the goods improperly or from shipment shall not be covered by warranty. In addition, the stipulations outlined in §4 of these Conditions of Sale are valid. The Customer shall, directly on receipt of goods, examine said goods for externally visible damage resulting from shipment or for wrong delivery, enter any such findings into the shipping documents and report them to Supplier without any delay. The Customer shall examine the goods delivered by Supplier for completeness. The Customer shall claim in writing any short delivery, any faulty goods or any damage to the goods without any delay, which is three days after receipt of goods at the latest. Any faults or any damage not externally visible shall be reported to Supplier within the framework of the law, in writing and no later than 6 months from receipt of goods. The article claimed shall be kept unchanged until it is collected by Supplier or by a forwarder named by Supplier. No carriage forward returns to Supplier shall be admissible, no such returns shall be accepted by Supplier. Any returns shall be properly packed by the Customer. In case the Customer has claimed any faulty goods in time and in case Supplier agrees said goods are faulty, Supplier shall repair said goods within appropriate time or deliver replacement of the same kind of goods. In case Supplier is unable to repair said goods within appropriate time, the Customer shall have the right to a change in price or to a reduction. Any further customer’s rights, based on whatever law, in particular resulting from breach of contract, any mistakes made when entering into the contract or consequential damage, shall be excluded, except the damage was caused by Supplier’s grossly negligent behavior or failure. In any case, liability shall be limited to the predictable damage and shall be no more than three times the contract value of the article(s) that have caused the damage. Liability resulting from product liability regulations or the law in general remain untouched.
8. CANCELLATION Supplier shall have the right to cancel the contract in case he is unable, due to circumstances beyond his control, to deliver or provide the service in question (such as no supplies coming in, Act of God, strike, natural catastrophes. Supplier shall also have the right to cancel the contract in case of breach of contract through the Customer, in case of non-predictable and inappropriate costs coming up. In case Supplier’s inability to deliver is temporary or partial, the contract may, both parties agreeing, be altered.
9. FINAL CLAUSES No Customer’s right to processing or re-manufacturing the goods delivered by Supplier shall exist. The manufacturer retains the title and the proprietary rights right to pictures, drawings, calculations or any further relevant documents. Said documents shall not be made accessible to any third parties without Supplier’s permission. No Customer shall digitalize any product pictures, product data or product descriptions for any print media or for use in electronic business communication. Any such steps shall remain subject to Supplier’s permission. The Customer shall also make sure the goods delivered by Supplier are displayed in a proper way, in particular in shops or in relevant markets, however, not together with products manufactured in the Far East. Supplier reserves the right to damages in case these stipulations are not observed. In as much as Supplier provides information or advice, the Customer shall check said information or advice for applicability. In particular, this concerns information given by the Customer to the Buyer on the usability of the goods delivered by Supplier for certain processes or purposes. In case any of the stipulations of these Conditions of Sale are not in conformity with the law or incomplete, the parties to the contract shall replace the stipulation not in conformity with the law by a suitable stipulation or complete any incomplete stipulation so the commercial purpose is fully met. Any other stipulations of these Conditions of Sale shall remain untouched.
1. Personal data We gather only the information necessary to correctly ship, bill, and if need be, contact you regarding an order.
2. Disclosure of Personal Data to third Parties We will disclose data only to our dispatch- and payment partners and only on a need to know basis for them to execute customer orders. Besides that we will neither sell, rent, lease, trade, nor otherwise disclose any of your information to anyone for any reason.
3. Cookies Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide all features of our website. Most browsers can be set to prevent them from accepting cookies. However, if you disable the Cookie feature, you will not be able to make use of all features of our website.
4. SSL Socket Layer (SSL) A Secure Socket Layer (SSL) is an industry standard used to encrypt information provided online. When you are asked to give personal and credit card information, a SSL will always be in use for your protection.
5. Changing Personal data You can change your personal data anytime by logging into your account. For safety reasons, you can not delete your account by yourself. If you want to get your account deleted or if you have any questions about privacy you can contact us anytime. Please use the Contact form on our website.
DISCLAIMER 1. Liability for Content We make every effort to keep the information on our Web site current, but accept no liability whatsoever for the content provided. Limits of our responsibility as a service provider to our own content on these Web pages. We are not obligated to monitor third party information provided or stored on our Web site. However, we shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation.
2. Liability for Links Our site contains links to third-party Web sites. We have no influence whatsoever on the information on these Web sites and accept no guaranty for its correctness. The content of such third-party sites is the responsibility of the respective owners/providers. At the time third-party Web sites were linked to ours, we found NO GROUNDS WHATSOEVER of any likely contravention of the law. We shall promptly delete a link upon becoming aware that it violates the law.
3. Copyrights The content and works provided on these Web pages are governed by the copyright laws of Hong Kong. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator.
4. Data Protection Please be aware that there are inherent security risks in transmitting data, such as e-mails, via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data, subject to this limitation. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks. Accordingly, as the Web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. We oppose the use of any available contact information by a third party for sending unsolicited advertisements. As the Web site provider, we reserve the express right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.