Terms and Conditions & Privacy Policy

General Terms and Conditions of Mialia GmbH

As of May 2025

§ 1 Scope

  • ( 1) These General Terms and Conditions (GTC) apply to all contracts between Mialia GmbH, Kegelhofstraße 73, 20251 Hamburg, represented by the Managing Director Anna Danker, and its customers (hereinafter referred to as "Customer"), which are concluded via the website www.mialia.com .
  • (2) Any differing, conflicting or supplementary terms and conditions of the customer shall not become part of the contract unless their validity is expressly agreed to in writing.

§ 2 Conclusion of Contract

  • (1) The presentation of the products on the website does not constitute a legally binding offer, but rather an invitation to place an order.
  • (2) The contract is concluded by acceptance of the order by Mialia GmbH, either by express order confirmation via e-mail or by implied delivery of the goods.
  • (3) Mialia GmbH reserves the right to refuse orders without giving reasons.

§ 3 Copyrights

  • (1) The delivered products are intended exclusively for private use. Any commercial use, reproduction, modification or distribution is prohibited without the express written consent of Mialia GmbH.

§ 4 Customer's Obligations

  • (1) The customer warrants that all content provided by him does not infringe any third-party rights and does not violate applicable law.
  • (2) The customer undertakes in particular not to transmit any unlawful, discriminatory or harmful content to minors.

§ 5 Delivery

  • ( 1) Deliveries are made from stock to the delivery address specified by the customer.
  • (2) Partial deliveries are permitted, provided they are reasonable for the customer.
  • (3) The delivery time is usually 7 to 10 working days.
  • (4) In the event of delivery obstacles due to force majeure or circumstances beyond the control of Mialia GmbH, the contract may be cancelled. Payments already made will be refunded.
  • (5) For shipping purposes, we transmit the postal address and – if provided – the email address to our shipping service provider so that the package can be delivered and the recipient can be informed in advance about the delivery time. This data processing is carried out in accordance with Art. 6 para. 1 lit. b GDPR for the performance of the contract. The shipping service provider processes the data exclusively for this purpose. The data is collected on a per-order or per-shipment basis and stored in compliance with statutory retention periods.

§ 6 Prices and Payment Terms

  • (1) The prices applicable are those displayed on the website at the time of ordering.
  • (2) Prices include statutory VAT.
  • (3) Payment is made in advance by credit card, direct debit or other payment methods offered on the website.

§ 7 Retention of Title

  • (1) The delivered goods remain the property of Mialia GmbH until full payment has been received.

§ 8 Warranty

  • (1) The statutory warranty rights apply.
  • (2) The warranty period for entrepreneurs is one year from delivery.

§ 9 Liability

  • (1) Mialia GmbH shall be liable without limitation for damages resulting from injury to life, body or health, as well as in cases of intent and gross negligence.
  • (2) In the case of slight negligence in the breach of essential contractual obligations, liability shall be limited to the amount of the foreseeable damage typical for this type of contract.
  • (3) Otherwise, liability is excluded. The provisions of the Product Liability Act remain unaffected.

Section 10 Data Protection

Information on the processing of personal data by Mialia GmbH, in particular on the type, scope, purpose and legal basis of data processing as well as on the rights of data subjects, can be found in the privacy policy at: www.mialia.com/pages/datenschutz

Section 11 Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr . Our email address can be found in the legal notice. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 12 Jurisdiction and Final Provisions

  • (1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
  • (2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Mialia GmbH. This applies to consumers only if they do not have a general place of jurisdiction in Germany.
  • (3) Should individual provisions of this Agreement be invalid, the validity of the remaining provisions shall not be affected.

 

Privacy Policy

As of May 2025

(1) Mialia GmbH uses the data provided by the customer (e.g. title, name, address, e-mail address, telephone number, fax number, bank details, credit card details) in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

(2) The customer's personal data will be used exclusively for processing the contracts concluded between the parties, in particular for billing and shipping purposes. Insofar as the processing of the contract involves the transfer or storage of personal data in third countries outside the European Union – in particular in the United States – this will only occur on the basis of suitable safeguards within the meaning of Article 46 GDPR, in particular by concluding EU standard contractual clauses with the respective service providers.

(3) All personal data of the customer transmitted to Mialia GmbH will not be passed on to third parties without express consent, unless this is permitted by law or required by order of the authorities.

For shipping purposes, we transmit the postal address and – if provided – the email address to our shipping service provider so that the package can be delivered and the recipient can be informed in advance about the delivery time. This data processing is carried out in accordance with Article 6 Paragraph 1 Letter b GDPR for the performance of the contract within the framework of the shipping order between Mialia GmbH and the shipping service provider and does not require separate consent from the recipient. The shipping service provider processes this data exclusively for this purpose and for no other. The data is collected on an order- or shipment-specific basis and, within the framework of the legal requirements for archiving periods, is also stored in our databases on a shipment-specific basis, e.g., for complaint and billing purposes.

Recipients who wish to have their email address blocked from receiving the package notification service can enter this information here .

(4.a) Upon complete fulfillment of the contract, including full payment of the agreed purchase price, the customer's data, which must be retained for legal reasons, will be blocked. This data will no longer be available for further use. Otherwise, personal data will be deleted unless the customer has expressly consented to further processing and use of their data. In this case, the customer can request access to, modification of, or deletion of their stored data from Mialia GmbH. Consent can be withdrawn at any time.

(4.b) For the purpose of analyzing customer satisfaction, we occasionally conduct customer surveys by email or telephone. These surveys are always anonymous. Your responses to the customer survey are not linked to you personally, but are stored separately and anonymously for statistical analysis. We handle your data in accordance with data protection regulations and generally take the greatest possible precautions to ensure its security.

(5) You have the right to free access to information about your stored data and, where applicable, the right to rectification, blocking, or erasure of this data. Furthermore, you have the right to restriction of processing, data portability, and the right to lodge a complaint with the competent data protection supervisory authority (Art. 77 GDPR). Our Service Center is available for this purpose at the email address hallo@mialia.com .

(6) This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies," which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this website. Furthermore, you can prevent Google from collecting and processing data generated by the cookie and related to your use of the website (including your IP address) by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de

(7) If we provide services in advance, we may, to protect our legitimate interests, obtain a credit report from CEG Creditreform Consumer GmbH, Hellersbergstr. 11, D-41460 Neuss, based on mathematical-statistical methods. Your legitimate interests will be taken into account in accordance with the statutory provisions.

(8) If you have subscribed to the newsletter, you can unsubscribe at any time without giving a reason. To do so, simply follow the unsubscribe link in the newsletter box on the homepage or click on the "Unsubscribe" link at the end of each newsletter. Subscription is carried out using the double opt-in procedure.

(9) We use cookies on various pages to make visiting our website attractive and to enable the use of certain functions. Cookies and tracking technologies that are not technically necessary (e.g., Google Ads, DoubleClick, Meta Pixel) are only set with your explicit consent in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time in the cookie banner.

Notice regarding cookie consent: When you first visit our website, a cookie banner will be displayed. There you can decide which non-essential cookies you wish to allow. You can change or withdraw your selection at any time via the "Cookie settings" link in the footer.

(10) We will save the contract text and send you the order details and our terms and conditions by email. You can also view the terms and conditions at any time here: https://www.mialia.com/pages/agb

(11) Our website uses social plugins (“plugins”) from the social network facebook.com, which is operated by Meta Platforms, Inc., 1601 Willow Road, Menlo Park, CA 94025, USA (“Facebook”). The plugins are recognizable by one of the Facebook logos (a white “f” on a blue tile or a “thumbs up” icon) or are marked with the addition “Facebook Social Plugin”. When you access a page on our website that contains such a plugin, your browser establishes a direct connection to Facebook’s servers. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the website. We therefore have no influence on the scope of the data that Facebook collects using this plugin and are informing you accordingly, based on our current knowledge:

By integrating these plugins, Facebook receives information that you have accessed the corresponding page of our website. If you are logged into Facebook, Facebook can associate your visit with your Facebook account. If you interact with the plugins, for example by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from your browser to Facebook and stored there. Even if you are not a Facebook member, it is still possible that Facebook will learn and store your IP address.

For information on the purpose and scope of data collection and the further processing and use of data by Facebook, as well as your related rights and privacy settings, please refer to Facebook's privacy policy: http://www.facebook.com/policy.php

If you are a Facebook member and do not want Facebook to collect data about you via our website and link it to your member data stored on Facebook, you must log out of Facebook before visiting our website. It is also possible to block Facebook social plugins with browser add-ons, for example with the "Facebook Blocker".

Mialia GmbH, Kegelhofstraße 73, D-20251 Hamburg, Hamburg District Court, HRB 191773, VAT ID: DE301326291, Managing Director: Anna Danker