Terms of Sale

TERMS OF SALE AND DELIVERY

Except as otherwise provided on the shipping label and/or invoice, every purchase of any product and/or service from Miele, Inc., a Delaware corporation ("Miele," "we" or "us"), online through this website and other websites owned or operated by Miele including, but not limited to, www.mielestore.com including www.mieleusa.com and www.mieleconcierge.com or any Miele website or webpage (including co-branded customer portals) used with Miele's permission by any Miele authorized dealer (collectively, the "Miele® WebStore") is subject to the below terms of sale ("Terms of Sale"). By purchasing a product and/or service online through the Miele® WebStore, you hereby agree to be bound to these Terms of Sale.

Shipping rates will vary depending on the delivery area. All items within the relevant shipper's package size limits will ship by mail or other parcel post shipper (e.g., UPS). Large appliances will be delivered by a freight forwarder and shipped from the nearest Miele warehouse. Additional charges may apply for special delivery requests or if the delivery requires a two-man team. Shipping charges will appear in your shopping cart for your approval before the checkout process is complete.

If an installation was purchased, a representative of our Customer Service Team will endeavor to contact you within twenty-four (24) hours of placing your order to coordinate your delivery and installation and to review any special delivery requirements you may have. If your order was placed on a weekend or holiday, you will be contacted during the next business day.

Shipping Methods

  • Mail or Parcel Post
    We will endeavor to ship your items within three to seven (3–7) business days (Monday – Friday, except holidays) of ordering. All free freight orders will be shipped by UPS ground only.
    Note: Orders placed during the weekend or holidays will be processed on the following business day. We shall not be liable for any delays, loss or damage in transit.
  • UPS 2nd Day
    We will endeavor to ship your order within two to three (2-3) business days (Monday - Friday, except holidays) of ordering.
    Note: Orders placed during the weekend or holidays will be processed on the following business day. We shall not be liable for any delays, loss or damage in transit.
  • UPS 3rd Day
    We will endeavor to ship your order within three to four (3-4) business days (Monday – Friday, except holidays) of ordering.
    Note: Orders placed during the weekend or holidays will be processed on the following business day. We shall not be liable for any delays, loss or damage in transit.
  • Large appliance deliveries
    Large appliance orders will be shipped on a freight forwarder's delivery truck. If an installation was purchased, a representative of our Customer Service Team will endeavor to contact you within twenty-four (24) hours of placing your order to coordinate your delivery and installation and to review any special delivery requirements you may have. If your order was placed on a weekend or holiday, you will be contacted during the next business day.

Delivery Area

  • For small package deliveries by mail or parcel post, we ship to all fifty (50) states and the District of Columbia. For shipments to territories and possessions of the United States (e.g., Puerto Rico, Guam, and St. Thomas), our Customer Services Dept. will endeavor to contact you within two (2) business days. We cannot ship to P.O. boxes, APO's, or FPO's.
  • For large appliance deliveries we ship to the contiguous 48 States. We cannot ship to P.O. boxes, APO's, FPO's, or to Hawaii or Alaska.

We may, in our sole discretion, without liability or penalty, make partial shipments. Each shipment, for the purposes of these Terms of Sale, will constitute a separate sale for the purpose of invoicing.

Shipping Terms; Title and Risk of Loss

Delivery shall be made FOB (place of destination), with the understanding that Miele is responsible for a product's delivery to, or for arranging the pickup of a product by, the courier, after which title and risk of loss passes to you.


Return Policy

We understand that customers will sometimes purchase a product and/or service that does not meet their needs, and we are committed to providing you with a fair return policy. Experience has shown that the vast majority of returns can be avoided if the item's features and intended use are researched before the purchase. Please visit our website, www.Mieleusa.com, or contact us with your questions at moreinfo <AT> mieleusa <DOT> com or MieleDirect <AT> miele <DOT> com, to get more information about our products before you order. This return policy applies only to purchases made on the Miele® Webstore. FOR PURCHASES MADE FROM OTHER VENDORS (SUCH AS ONE OF OUR AUTHORIZED DEALERS), THEIR RESPECTIVE RETURN POLICIES ARE APPLICABLE; PLEASE REVIEW THEM BEFORE COMPLETING THE PURCHASE.

Appliances

  • You may return new, unopened and undamaged appliance, if still in its original packaging, within thirty (30) days after delivery.
  • A return authorization (RA) number must be obtained before the item is returned and/or a credit can be granted. Contact Miele via e-mail at MieleDirect <AT> miele <DOT> com or RADept <AT> miele <DOT> com, or call 800-666-8054 during Miele's business hours for assistance. Returns without a valid RA will be returned at sender's expense.
  • Appliances must be returned within fifteen (15) days from the date the RA was issued.
  • All accessories, manuals and operating instructions must be included to receive full refund or credit of the purchase price.
  • Shipping charges are non-refundable and will not be credited, and return shipping fees will apply.
  • Miele reserves the right to adjust the refund or credit amount based on the condition of the returned product.
  • A fifteen percent (15%) re-stocking fee will apply to any appliance that has been opened and/or is not in its original packaging.
  • Once your return has been processed, your credit card account should reflect your refund within two billing cycles. Credits against future purchases generally are granted within a shorter timeframe, typically within one (1) business day.

Vacuums and Sundry Items

  • You may return any new, unopened and undamaged vacuum cleaner or Sundry (other than an appliance), still in its original packaging, within thirty (30) days after delivery.
  • A return authorization (RA) number must be obtained before the item is returned. Contact Miele via e-mail at MieleDirect <AT> miele <DOT> com or RADept <AT> miele <DOT> com, or call 800-666-8054 during business hours for assistance.
  • Item must be returned within fifteen (15) days from the date the RA was issued.
  • All accessories, manuals and operating instructions must be included to receive full refund or credit.
  • Shipping charges are non-refundable and will not be credited, and return shipping fees will apply.
  • Miele reserves the right to adjust the refund or credit amount based on the condition of the returned product.
  • A fifteen percent (15%) re-stocking fee will apply to any item that has been opened and / or is not in its original packaging.
  • Pack the product in its original carton along with the packing slip. It is best if you use the outer box the items arrived in. If it is not available, another box may be used. If you no longer have the packing slip, see Lost Your Packing Slip?
  • Put the return shipping label on the outside of the box.
  • Contact UPS at 1-800-PICK-UPS for a package pickup, or bring the items to any UPS store. It's that simple!
  • Once your return has been processed, your credit card account should reflect your refund within two billing cycles. Credits against future purchases generally are granted within a shorter timeframe, typically within one (1) business day.

Note: Pick-up calls to UPS incur a pick-up charge while drop-offs at a UPS store do not. Click here to find a UPS drop-off location.

Items Damaged During Shipping

  • Note damage on the Bill of Lading and refuse delivery.
  • Contact Miele via e-mail at MieleDirect <AT> miele <DOT> com or RADept <AT> miele <DOT> com, or call 800-666-8054 during business hours within two (2) business days of receiving the damaged product to arrange for a replacement or refund.
  • If possible and requested by you, we will replace the damaged product. Otherwise we will completely refund or credit the purchase price upon return of the product.
  • Freight charges will not be billed. Miele will cover the insurance on such shipments.

Defective Products

  • Any products found to be defective after the thirty (30) day period following delivery are subject to Miele's standard product warranties included with your purchase and also available here.

Gift Refunds

  • If a product is returned which was received as a gift, the refund can only be posted on the purchaser's credit card. Once your return has been processed, the purchaser's credit card account should reflect the refund within two billing cycles.

Using the Return Shipping Label

  • To avoid shipping charges and ensure proper delivery and identification of your return, the pre-paid UPS shipping label sent with your order should be used. Please note that the UPS shipping label is only valid for use in the USA.

Lost Your Packing Slip?

  • If you ordered an item that you want to return but can't find the packing slip, you can still return it by contacting us by email at MieleDirect <AT> miele <DOT> com or RADept <AT> miele <DOT> com or by calling 800-640-2613 during business hours. We will aid you in finding the correct order information for the return.

Taxes and Other Charges

Any sales tax, excise tax, or any other tax, fee or charge of any nature imposed by any government authority on any purchase will be paid by you in addition to the purchase price on the Miele® WebStore.

Governing Law

All matters relating to these Terms of Sale and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule.

Limitation of Liability

IN NO EVENT SHALL MIELE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MIELE® WEBSTORE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE MIELE® WEBSTORE OR SUCH OTHER WEBSITES OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE MIELE® WEBSTORE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Resolution of Disputes; Mandatory Arbitration

Any dispute or claim relating in any way to your use of the Miele® WebStore, or to any products or services sold or distributed by it or through it, shall be resolved by binding arbitration rather than in court, except for matters that fall within the jurisdiction of small claims court and that you elect to pursue in small claims court.

This agreement to arbitrate these Terms of Sale is intended to be broadly interpreted. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the fullest extent permitted by law to resolve any and all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Sale, including but not limited to any claim that all or any part of these Terms of Sale is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award (on an individual basis) the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Sale as a court would.

To commence an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Miele at the following address: Miele, Inc. attn: Dispute Settlement Representative 9 Independence Way Princeton, NJ 08540. You may also provide this written notice of your arbitration demand by forwarding your letter via email to qagroup <AT> miele <DOT> com. You may download the forms at https://www.adr.org/Forms. The arbitration will be conducted by American Arbitration Association ("AAA") under its Commercial Arbitration Rules or, if applicable, the Expedited Procedures of the Commercial Arbitration Rules. The AAA Commercial Arbitration Rules are available online at https://www.adr.org/active-rules or by calling toll free (800) 778-7879. Payment of all filing, administration and arbitrator fees shall be governed by AAA's rules. Miele will reimburse those fees for claims totaling less than ten thousand Dollars ($10,000.00) unless the arbitrator determines that the claims are frivolous, but in no event will we pay for attorneys' fees and expenses. You may choose to have the arbitration conducted by telephone, based on written submissions or in person in the county where you live or at another mutually agreed location.

BOTH YOU AND MIELE EACH AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OR ANY FORM OF A REPRESENTATIVE OR CLASS ACTION PROCEEDING, AND THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the severability provisions set forth below, if this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void, and neither you nor Miele shall be entitled to arbitrate our dispute.

You agree that these Terms of Sale evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. In the event that the agreement to arbitrate under these Terms of Sale is for any reason held to be unenforceable, then any litigation (except for small claims matters pursued as set forth above) may be commenced only in a federal district courts of New Jersey or state court located in the County of Mercer, State of New Jersey, and both you and Miele hereby consent to the jurisdiction of those courts for such purposes.

Notwithstanding the above agreement to arbitrate, Miele may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Miele also may, without waiving any remedy, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). The judgment upon the arbitral award may be entered in and enforced by a court having jurisdiction.

Entire Agreement

The Terms of Sale constitute the sole and entire agreement between you and Miele with respect to your purchase through the Miele® WebStore and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Miele® WebStore.

Waiver

No waiver of by Miele of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Miele to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.

Severability

The invalidity, illegality or unenforceability of any provision of these Terms of Sale shall in no way affect the validity, legality or enforceability of any other provision. Any provision of this Terms of Sale held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable.

No Amendment

No provision of these Terms of Sale may be modified or discharged unless in writing and executed by Miele. Notwithstanding the foregoing, Miele may amend these Terms of Sale at any time and without notice; provided that the Terms of Sale in effect at the time you placed your order shall govern such order.

Notices

Except as specifically provided for in the return policy for your purchased product or in any applicable warranty, any notices or other communications shall be in writing and shall be deemed given: (i) upon delivery, if by hand; (ii) if sent by certified mail, return receipt requested, or air courier (e.g., FedEx, UPS or DHL) (for no later than second day delivery), after one (1) business day if sent between locations in the contiguous 48 states, or (iii) upon transmission, if sent by fax or e-mail (provided that a confirmation copy is sent in the manner provided in clause (ii) of this provision on the date of such transmission), except that if notice is received by fax or e-mail after 5:00 p.m. on a business day at the place of the receipt, it shall be effective as of the following business day. All notices hereunder shall be given to the following address: Miele, Incorporated, 9 Independence Way, Princeton, NJ 08540, attn.: Quality Assurance Dept.; email: qagroup <AT> miele <DOT> com

California Supply Chain Disclosure Act of 2010

The California Transparency in Supply Chains Act of 2010 (SB 657) was designed to increase the amount of information made available by manufacturers and retailers regarding their efforts to address the issue of slavery and human trafficking in their direct supply chain. This information allows consumers to make better, more-informed choices regarding the products they buy and the companies they choose to support.

At Miele and our affiliates, we believe that workers at our facilities as well as those of our direct suppliers have the right to freely choose employment. It is our policy not to purchase materials that have been produced with slave, forced or child labor or labor that has resulted from human trafficking. Accordingly, Miele and its affiliates are taking the following efforts regarding SB 657 and their supply chains in general:

  • Verification of product supply chains to evaluate and address risks of human trafficking and slavery: Miele and its affiliates engage in verification of the product supply chain via internal supplier audits of those existing and potential future suppliers that we consider to be at risk of any possible human trafficking and slavery practices.
  • Audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains: Miele and its affiliates implement an internal audit program for suppliers in our direct supply chain. Miele and its affiliates have a policy against companies engaged in any slavery or human trafficking.
  • Compliance certification: Miele has purchasing agreements, a statement of corporate policy and conditions in place with all our direct suppliers requiring them to comply with all applicable laws and regulations as a general rule of engagement. This compliance includes laws regarding forced labor and child labor. Miele does not have a formal certification process.
  • Standards and procedures: Any supplier or employee found to be in noncompliance with either our terms and conditions or our corporate policy against slavery and human trafficking, whether that violation was detected via self-disclosure or through our audit process, will be reviewed for compliance action, which may result in termination of the relationship or employment.
  • Training: Miele and its affiliates provide training on human trafficking and slavery to those employees and management who have direct responsibility for supply chain management.



Further information related to Miele's policies can be found here.


Last Modified: September 15, 2017