Terms of Use

Website Terms of Use

These terms of use (“Terms of Use”) (i) govern your access to, and use of, miele.ca (the “Site”), and (ii) is a legal agreement between you and Miele Limited (“we”, “us”, “our” or “Miele”). By accessing and utilizing the Site, you hereby agree that you: (i) have read and understand these Terms of Use; and (ii) are bound by and shall comply with these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.

Section 1 Ownership.

You acknowledge and agree that all content and materials made available through or in connection with the Site are protected by either our rights, or the rights of our licensors or other third parties, of copyright, trademarks, service marks, patents, or other proprietary rights and laws. You may not use any of the marks, logos, domains and/or trademarks that you may find on or in connection with the Site, unless you have our written permission. You may use the content and materials made available in connection with the Site in the course of your normal, personal, non-commercial use in accordance with these Terms of Use. If you download or print a copy of any content and/or materials for your personal use, you must retain all copyright and other proprietary notices contained on such content. All rights not expressly granted herein are reserved.

Section 2 Products Purchased through the Site.

(a) Any purchases of Miele products through the Site are subject to Miele’s Terms and Conditions of Sale.

The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.

(b) Miele makes no representations and/or warranties that the pricing information presented on the Site is current, up-to-date or accurate and shall assume no liability of any financial loss that may occur as a result of Site usage. To the greatest extent permitted under applicable law, Miele shall have no liability for any damages, losses or liabilities incurred as a result of the information posted on its website.

Section 3 Disclaimers.

The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIELE , ITS AFFILIATES AND LICENSORS GIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE FUNCTIONALITY THEREON) INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE OPERATION, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR PURPOSE. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE HEREBY DISCLAIMED.

Section 4 Limitation of Liability.

The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.

YOU ACKNOWLEDGE AND AGREE THAT NONE OF MIELE, ITS AFFILIATES AND/OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE FUNCTIONALITY THEREON).

Section 5 Indemnity.

The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.

You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any and all claims, liabilities, losses, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from (i) your access to, or use of, the Site, (ii) your violation of these Terms of Use; (iii) any breach by you of applicable laws; and (iv) your infringement of any intellectual property or other right of any third party.

Section 6 Terminating the Site.

You acknowledge and agree that we may terminate your access to, and use of, the Site if (a) you breach (or we reasonably believe you have breached) these Terms of Use; (b) required by applicable law; or (c) we discontinue the provision of the Site to our customers, generally. You acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for, or resulting from, any termination of your access to the Site.

Section 7 Personal Information.

In connection with your access to and use of the Site we may collect personal information from you. Our collection, use and disclosure of personal information is governed by our privacy policy which is incorporated herein by reference.

Section 8 Miscellaneous.

(a) Entire Agreement. These Terms of Use constitute the entire agreement between you and Miele with respect to the subject matter hereof.

(b) Governing Law. These Terms of Use shall be governed by, construed and interpreted in accordance with the laws of the Province of Ontario, or the laws of the Province of Québec for Québec residents, and the laws of Canada applicable therein, excluding their rules governing conflicts of laws. Both parties hereby expressly and irrevocably attorn to the exclusive jurisdiction of the courts of competent jurisdiction sitting in Toronto, Ontario, or the courts of the Province of Québec for Québec residents, or in such other jurisdiction as Miele may enforce its rights.

(c) Severability. To the extent any provision of these Terms of Use, including without limitation any disclaimers set forth herein, are deemed to be unenforceable as a matter of law, all remaining provisions of these Terms of Use shall remain in effect as written.

(d) No Waiver. Miele shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of Miele. No delay or omission on the part of Miele in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.

(e) Modifications. Miele reserves the right to make any changes to the Site, its content and/or services offered through the Site at any time and without notice. Miele may modify these Terms of Use (in whole or in part) at any time in accordance with applicable law.

(f) Third party links. The Site may provide links to third party sites or resources. You acknowledge and agree that we are not responsible for the availability of such sites and/or resources and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Such third parties have their own terms of use and other applicable policies. You should check such terms and policies before you utilize such third party sites and/or resources.

Effective October 18, 2019

eGift Card Terms of Use

Purchases

Purchases These terms and conditions apply to Miele Limited/Miele Limiteé eGift cards purchased online at www.miele.ca. By purchasing an eGift card, you agree to all of these terms and conditions.

During the purchasing process, we may collect some data on your user session activity. Any information collected is subject to our privacy policy. This information, as well as the information provided during the product purchasing process, can be used by Miele Limited.

Miele Limited reserves the right to refuse any order for any reason. eGift cards can only be used for online purchases through www.miele.ca and participating Miele agent websites. eGift cards are never valid for prior purchases. If you use eGift cards to purchase products that cost more than the value of the eGift card, you are responsible for paying the difference in cost.

If you have not received an email confirming your purchase to the email address you provided within 24 hours of your purchase, please contact us by sending a message to giftcard@miele.com.

Delivery information and requirements for virtual gift card purchasers

Orders of eGift cards are subject to validation of your payment information. In the event of a discrepancy, your eGift card order may not be processed until successful validation of your payment information.

It is your responsibility to ensure that all information provided to us is correct and accurate. We are not responsible for eGift cards that are undeliverable or not received due to incorrect email addresses. If any of the information you provided to us is inaccurate and needs to be corrected, please contact us by sending a message to giftcard@miele.com.

Returns

eGift cards cannot be returned or redeemed for cash, except in Quebec where applicable by law.

Refunds

eGift cards are not refundable, except in Quebec where applicable by law. Products purchased using an eGift card, and returned in accordance with http://m.miele.ca/en-CA/Dialogs/Terms.aspx, will be refunded by issuance of a new eGift card, refund to credit card or by cheque, at Miele’s discretion.

Expiration

Miele Limited eGift cards have no expiration date and no fees.

Balance

You can check the balance on your eGift card by visiting www.miele.ca.

Limitation

You may not use your eGift card to purchase other eGift cards. eGift cards cannot be reloaded, transferred, resold or redeemed for cash, except in Quebec if rights differ under applicable by law. eGift cards can only be used for online purchases through www.miele.ca and participating Miele agents websites.

Risk of loss

Ownership and risk of loss of eGift cards will be passed on to you, the purchaser, as soon as the purchase has taken place and the confirmation is emailed to the address you provided. Miele Limited is not responsible for lost or stolen eGift cards.

eGift cards that are lost or stolen after having been received will only be replaced provided the eGift card is still unused in the Miele Limited system. eGift cards that are lost or stolen will not be replaced unless the purchaser can provide all proof requested by Miele Limited that they are in fact the purchaser and proof of payment. eGift cards have cash value and should therefore be treated as such.

Governing law

Except for residents of Quebec, these terms and conditions will be governed under the laws of Ontario. For residents of Quebec, these terms and conditions will be governed under the laws of Quebec.

Contact us

For all inquiries related to eGift cards please contact us via email at giftcard@miele.com.

Effective October 18, 2019



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