2. Legal Capacity
This Miele® WebStore is offered and available to users who are 18 years of age or older, and reside in the United States of America, including its fifty states, the District of Columbia and any of its territories or possessions (the “United States”). By using this Miele® WebStore, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements. If you do not meet all of these requirements, you may not access or use the Miele® WebStore.
4. Accessing the Miele® WebStore and Account Security
We reserve the right to withdraw or amend any part or all of this Miele® WebStore, and any service or material we provide on the Miele® WebStore, in our sole discretion at any time and without notice. We will not be liable if for any reason all or any part of the Miele® WebStore is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Miele® WebStore, or the entire Miele® WebStore, to users, including guests and registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Miele® WebStore.
5. Intellectual Property Rights
The Miele® WebStore and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may temporarily store files that are automatically cached by your Web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the Miele® WebStore for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You may not:
- Modify copies of any materials from this Miele® WebStore.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Miele® WebStore.
You may not access or use for any commercial purposes any part of the Miele® WebStore or any goods, services or materials available through the Miele® WebStore.
The mark Miele® and all related names, logos, product and service names, designs and slogans are trademarks of the Company, its affiliates and/or its licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Miele® WebStore are the trademarks of their respective owners.
7. Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company or any affiliate, any employee of the Company or any affiliate, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Miele® WebStore, or which, as determined by us, may harm the Company or any affiliate or users of the Miele® WebStore or expose any of them to liability.
Additionally, you agree not to:
- Use the Miele® WebStore in any manner that could disable, overburden, damage, or impair any site of the Miele® WebStore or interfere with any other party's use of the Miele® WebStore, including their ability to engage in real time activities through the Miele® WebStore.
- Use any robot, spider or other automatic device, process or means to access the Miele® WebStore for any purpose, including monitoring or copying any of the material on the Miele® WebStore.
- Use any manual process to monitor or copy any of the material on the Miele® WebStore or for any other unauthorized purpose.
- Use any device, software or routine that interferes with the proper working of the Miele® WebStore.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful material.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Miele® WebStore, the server on which the Miele® WebStore is stored, or any server, computer or database connected to the Miele® WebStore.
- Attack the Miele® WebStore via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Miele® WebStore.
8. Reliance on Information Posted
The information presented on or through the Miele® WebStore is made available solely for general information purposes. Unless set forth in manuals, instructions or warranties issued by us for products and made available over the Miele® WebStore, we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Miele® WebStore, or by anyone who may be informed of any of its contents.
This Miele® WebStore may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company or any affiliate of the Company.
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Changes to the Miele® WebStore
We may update the content on this Miele® WebStore from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Miele® WebStore may be out of date at any given time, and we are under no obligation to update such material.
10. Information About You and Your Visits to the Miele® WebStore
11. Other Terms and Conditions
12. Prices, Specifications, etc.
Prices and specifications (such as electrical specifications regarding current and/or voltage, model dimensions and/or components' compatibility with parts or models) on the Miele® WebStore are subject to change at our discretion at any time without prior notice.
13. Linking to the Miele® WebStore and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.
This Miele® WebStore may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Miele® WebStore.
- Send e-mails or other communications with certain content, or links to certain content, on this Miele® WebStore.
- Cause limited portions of content on this Miele® WebStore to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Miele® WebStore or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Miele® WebStore other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission in our discretion at any time without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
14. Links from the Miele® WebStore
If the Miele® WebStore contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Miele® WebStore, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Geographic Restrictions
16. Disclaimer of Warranties
You understand that we cannot and do not warrant that files available for downloading from the internet or the Miele® WebStore will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Miele® WebStore for any reconstruction of any lost data. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MIELE® WEBSTORE OR ANY SERVICES OR DATA OBTAINED THROUGH THE MIELE® WEBSTORE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE MIELE® WEBSTORE, ITS CONTENT AND ANY SERVICES OR DATA OBTAINED THROUGH THE MIELE® WEBSTORE IS AT YOUR OWN RISK. THE MIELE® WEBSTORE, ITS CONTENT AND ANY SERVICES OR DATA OBTAINED THROUGH THE MIELE® WEBSTORE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY AFFILIATE OF THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR ANY AFFILIATE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE MIELE® WEBSTORE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY OR ANY AFFILIATE REPRESENTS OR WARRANTS THAT THE MIELE® WEBSTORE, ITS CONTENT OR ANY SERVICES OR DATA OBTAINED THROUGH THE MIELE® WEBSTORE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MIELE® WEBSTORE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE MIELE® WEBSTORE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MIELE® WEBSTORE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY ON ITS OWN AND ON BEHALF OT ITS AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation on Liability
IN NO EVENT SHALL THE COMPANY, 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 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.
19. Governing Law
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.
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.
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.
23. Entire Agreement
24. Your Comments and Concerns
All feedback, questions, comments, requests for technical support and other communications relating to the Miele® WebStore should be sent via our contact page. We will try to return your inquiries as soon as commercially feasible, but in no event shall Miele or its affiliates be liable for failure to respond within a specific time frame, or at all.
This website is operated by Miele, Inc., 9 Independence Way, Princeton, NJ 08540; tel. (800) 843-7231 and/or (609) 419-9898 | Contact
Last Modified: September 15, 2017