I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions shall apply to all contracts that you have concluded with us as the supplier, (Mirovia (Malta) Ltd., 30A Wilga Street, Paceville, St. Julian's STJ 3113, Malta), via the website www.mirovia.ltd, unless otherwise agreed upon in writing by the parties. Deviations or conflicting terms and conditions shall be applicable only upon our express consent.
(2) We shall mainly offer our goods for private use if you are a natural or legal person.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products. The key features of the goods can be found in the respective quote.
(2) On placing the product in question on our website, we provide you with a binding offer to conclude an agreement on the online shopping cart system subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows: The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you use an instant payment system (e.g. PayPal), you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider. If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it or cancel the purchase transaction.
By clicking the appropriate button to submit the order, you declare acceptance of the order in a legally binding way by which the agreement takes place.
(4) Furthermore, you can submit a binding offer (order) by email.
The offer is accepted (and the contract therefore concluded) after at the latest within 5 days, by a confirmation in written form (e.g. email), which confirms implementation of the order or delivery of the goods (order confirmation).
Should you not receive corresponding notification within this time, you are no longer bound to your order. Services, if any, already provided shall in this case be reimbursed immediately.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Prices, payment terms and shipping costs
(1) The prices stated in the respective offers are gross prices.
(2) The dispatch expenses incurred are not included in the purchase price; they are separately accounted unless the delivery is promised to be free of cost. You can find more details under a correspondingly designated button on our Internet website or in the relevant offer.
(3) Payment options are displayed using a correspondingly designated button on our Internet website or in the relevant offer. If no other payment period is stated on the invoice or in case of individual payment types, the payment claims from the signed contract are immediately due for payment. Discount deduction is permissible only if it expressly stated in the relevant offer or in the invoice.
§ 4 Delivery conditions
(1) The probable delivery date is stated in the respective offer. Delivery dates and terms of delivery are binding only if they have been confirmed by us in writing. With the prepayment method via transfer, the dispatch of the goods does not take place until after our receipt of the full purchase price and the dispatch costs. Delivery times are based on the assumption that there are no obstacles preventing a timely delivery of the product. The seller cannot be held liable for minor delays in the delivery and, in special circumstances, for more serious delays.
(2) If a product ordered by you is not available, contrary to expectations despite a timely completion of the relevant covering transaction, for reasons for which we are not responsible, you shall be informed about the non-availability without delay and in case of a withdrawal, the payments that have already been made by you shall be reimbursed immediately.
(3) The shipping shall take place at your risk. If you wish, the goods shall be shipped with suitable transport insurance and the costs arising from the same shall be borne by you.
(4) Part deliveries shall be permissible and can be independently specified by you, provided this does not incur additional shipping costs for you.
(5) If the order has been already shipped it cannot be cancelled anymore.
§ 5 Warranty and Complaints
(1) Warranty on products delivered by the seller shall not exceed the warranty that has been given to the seller and honoured by the relevant manufacturer or supplier. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
(2) The seller cannot be held liable for damage incurred as a result of improper use or use contrary to the applicable instructions of the products delivered, unless in the event of gross negligence or wilful intent on the part of the seller.
(3) The agreements entered into by the seller are all subject to failure to perform for which the seller cannot be held liable. The seller cannot be held liable for any such failures in the performance if:
- according to the law, the judiciary or commonly accepted views in society, liability for such flaw cannot be accepted;
- in the event of force majeure, such as fire at the location where the products of the seller are stored, (civil) war in Malta or elsewhere, riots, epidemics, disruptions in traffic, strikes, floods of any nature, lockouts, damage or loss during transport and other comparable situations beyond the control of the seller and that cause deliveries to be delayed;
- in all such cases delivery shall be postponed for a reasonable period of time;
- In situations in which the performance of an agreement has become impossible due to any event within the scope of this article, the seller is entitled to deem the agreement terminated.
(4) In terms of the quality of the goods, only our own information and the product description of the manufacturer shall be deemed to have been agreed and not other advertising, public promotions and statements made by the manufacturer.
(5) Damage to products must be reported to the seller immediately (within 48 hours of receipt). Any other complaints shall only be accepted if and insofar the seller has been timely notified thereof, in writing, i.e. within 48 hours of delivery of the products bought and provided the seller has been given the opportunity to sufficiently verify the justification of the claim. After expiry of this period of 48 hours, the buyer is deemed to have approved the products or invoices. Consequently, any complaints received after this deadline shall not be accepted by the seller.
(6) In case of defects, we provide guarantee through repair or replacement at our own discretion. Complaints in relation to minor variations in product quality, colour, dimensions and nature, which are common in some products, shall not be accepted by the seller.
(7) Products that have been delivered can only be returned carriage paid, at the risk of the buyer and subject to the prior written approval of the seller. The dispatch costs involved shall be payable by the buyer. Products must be returned carriage paid to the address of the seller within 4 working days of having received the written approval of the seller. The buyer must ensure that the relevant products are carefully packed and dispatched. If the wrong (or a wrong number of) products have been delivered, the buyer can return the products at the expense of the seller, after having contacted the seller. The seller must be notified thereof within 48 hours of receipt.
§ 6 Right of retention, retention of title
(1) You can exercise the right of retention only if it concerns claims from the same contract relationship.
(2) The goods shall remain our property until the full settlement of all claims from the ongoing business relation. Pledging or assigning the goods as security before the transfer of property of the reserved goods is not permitted.
§ 7 Choice of law, place of fulfilment, jurisdiction
The Maltese law shall apply with the exclusion of the UN purchasing law. The place of fulfilment as well the court of jurisdiction shall be our headquarters.
§ 8 Protection of minors
(1) For the sale of goods that are subject to the regulations of child welfare protection law we only deal with contractual relationships with customers who have reached the legally prescribed minimum age. Any age restrictions are referred to in the respective item descriptions.
(2) By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details as regards your name and your address are correct. You are under obligation to ensure that only you or other persons authorised by you to accept the delivery, who have reached the legally prescribed minimum age, can take delivery of the goods.
(3) As long as we are under obligation by the legal provisions to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age, and in case of doubt, to request for the identity card of the person accepting the product for the purpose of age verification.
(4) As far as we show, beyond the legally prescribed minimum age in the respective item description, that you must have completed 18 years of age to be able to purchase the item, the aforementioned sections 1-3 are applicable providing that instead of the legally prescribed minimum age, the legal age must be reached.
§ 9 Conditions of Use
We explicitly point out that all those who purchase our products are responsible for their actions in the future. We will not accept any responsibility in this respect.
We cannot be held liable for damages resulting from improper or unlawful use of their products.
Keep all the products out of reach of children.
II. Customer information
1. Identity of the seller
Mirovia (Malta) Ltd.
30A, Wilga Street, Paceville
St. Julian's STJ 3113
2. Information regarding the conclusion of the contract
The technical steps for forming the contract and the formation of the contract, as well as the scope for correction are carried out as per the stipulation of § 2 of our General Terms and Conditions (part 1).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The entire contract wording shall not be saved by us. Before the order or request is submitted the contract information can be printed using the print function on the browser or saved electronically.