General Terms and Conditions
(A) These General Terms and Conditions of mittemitte GmbH, registered with the commercial register of the local court of Berlin (Charlottenburg) under HRB 169208 B and with its registered office at Sonnenallee 224a 12059 Berlin (hereinafter referred to as "Mitte") apply to all contracts concluded by a customer in the online shop of Mitte at https://mitte.co (including all sub-pages hereinafter referred to as: "Online Shop") (see II.).
(B) These Terms and Conditions also apply to the implementation of the intelligent Mitte Home water system consisting of the Mitte Home device, CO2 cylinder and Mitte cartridge (hereinafter: "Mitte Product") via the Mitte App (“App”) as well as to the participation in the Smart Refills program of Mitte and to all contracts concluded by a customer in the app (see III.).
(C) The exclusive language used for the conclusion of the contract shall be German. Translations of these General Terms and Conditions to other languages are for information of the customer only. In case of contradictions between the language versions, the German text shall prevail.
II. PURCHASE AND SUBSCRIPTION OF MITTE PRODUCTS IN THE ONLINE SHOP
1 Setting up a Customer Account
1.1 Customers can order goods in the Online Shop as a guest or as a registered customer. When the customer registers, a customer account is set up for the customer, in which the customer's personal data is stored for future orders and for calling up the order status. The customer receives access to his customer account via the login data selected by him.
1.2 Registration alone does not constitute any obligation to purchase the goods offered by Mitte.
1.3 When registering, the customer chooses a personal username and password. To activate the customer account, the customer confirms his access to the specified e-mail address by clicking on the activation link sent to this e-mail address.
2 Conclusion of the Contract in the Online Shop
2.1 The presentation of the products in the Online Shop of Mitte does not constitute a legally binding offer by Mitte, but merely an invitation to the customer to place binding orders (invitatio ad offerendum).
2.2 The customer can submit an offer via the online order form integrated in the Online Shop. After placing the selected goods for purchase or a selected subscription offer (herinafter: subscription) in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button "order and pay" or “click to subscribe” and confirming the payment with the selected payment service provider, which concludes the ordering process.
2.3 Mitte shall immediately confirm receipt of the order in writing (by automated e-mail). This order confirmation simultaneously constitutes an acceptance of the customer's contract offer, so that the purchase contract or subscription contract is hereby concluded. For the conclusion of the contract the time of receipt by the customer shall be decisive. If Mitte does not accept the customer's offer, this shall be deemed a rejection of the offer. The customer shall then no longer be bound by its offer.
2.4 When submitting an offer via Mitte's online order form, Mitte stores the text of the contract and sends it to the customer in text form (by e-mail) together with the order confirmation in the event of acceptance. In addition, the text of the contract is archived in the customer account when the customer registers before sending the order. The customer can access it free of charge via his password-protected Mitte account by providing the corresponding login data.
2.5 Before submitting the binding order via the online order form, the customer can correct his input on an ongoing basis using the usual keyboard and mouse functions. Before submitting the binding order, all inputs are displayed to the customer in an order overview to be confirmed.
2.6 Order processing and contacting are usually carried out by e-mail and automatically. The customer must ensure that the e-mail address provided by him/her for order processing is correct and that he/she receives e-mails sent by Mitte at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by Mitte can be received.
3 Right of Withdrawal
3.1 If the customer is a consumer he shall have a right of withdrawal in accordance with the rules described in the attachment below. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
3.2 In the event of a withdrawal, Mitte shall bear the direct costs of returning the goods. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
3.3 The contract for the delivery of a Mitte cartridge can only be withdrawn if the cartridge is sealed and returned to Mitte by the customer. Unsealed Mitte cartridges are excluded from the right of withdrawal according to section 312g (2) no. 3 of the German Civil Code (BGB). Cartridges are sent to the customer as sealed goods and are not suitable for return for reasons of health protection/hygiene if their seal has been removed after delivery.
4 Purchase of Mitte Goods
4.1. Return Policy
(a) For Mitte Home devices acquired by purchase, Mitte grants the customer a voluntary 30-day right of return with refund of the purchase price (item d) that goes beyond the statutory right of withdrawal (item c). This voluntary right of return does not apply to the other Mitte products CO2 cylinder and Mitte cartridge.
(b) For Mitte Home devices purchased as a subscription, Mitte grants the customer a voluntary 30-day right of return beyond the statutory right of cancellation (clause c), without refund of the first month's rent. Returns have to follow the process described in clause d without reimbursement of the first month's rent.
(c) The right of withdrawal remains unaffected. Until the expiry of the period for the right of withdrawal, only the right of withdrawal shall apply (cf. item 3). The statutory warranty claims shall not be restricted in any way by the right of return.
(d) If the customer returns the Mitte Home device to Mitte within 30 days of receipt, for which the timely dispatch of the goods is sufficient to meet the deadline, Mitte will refund the purchase price for the Mitte Home device under the following conditions:
(i) The Mitte Home device has been returned undamaged, complete and with all accessories;
(ii) The return shipment is made in the undamaged original packaging;
(iii) The following document is enclosed with the shipped goods: Return Label that the customer should use to send back the device to Mitte.
(e) After receipt of the goods, Mitte will check whether the prerequisites specified in item 4.3 have been met. If the goods are properly returned, Mitte refunds the purchase price paid to the means of payment used for the purchase.
(f) If the goods are damaged, the customer shall not be entitled to the right of return under this Clause 4. In this case, the processing shall be governed by the further provisions of these General Terms and Conditions.
4.2 Prices and Payment Terms
a) The prices stated are final prices and include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description or in the order overview.
b) The following payment options are available to the customer: Advance payment by credit card, Apple Pay, Klarna, Sofort Überweisung & Giro pay via Stripe.
c) Payment is due immediately after conclusion of the contract. Mitte may withdraw from the contract if payment is not received in Mitte's account within two weeks of conclusion of the contract.
5 Subscription of Mitte Goods
Mitte offers the possibility to receive Mitte products in a subscription. Part of this subscription is (1) the rental of the Mitte Home device, which remains the property of Mitte, and (2) the one-time purchase of a CO2 cylinder, a bottle / bottles and one or more mineral cartridges, which is settled with the payment of the first monthly remuneration. Also included in the monthly payment is the purchase of additional mineral cartridges according to the selected subscription option. The customer can chose a mineral cartridge from the cartridge portfolio for the next shipment up to 14 days before the renewed delivery of the mineral cartridge. If no choice is made, the same cartridge(s) as before will be shipped.
5.2.Duties of the customer
a) The customer shall handle the products with care and only use them for their intended, customary use. The customer shall be responsible for the care and maintenance of the product in accordance with the recommendations of user guide and shall bear the costs thereof. Codes, stickers or seals that Mitte has attached to the goods may not be removed.
b) The Customer may not sublet the goods or make them available for use by third parties without the prior written consent of Mitte. This does not include the use of the goods by persons living in the same household as the Customer.
c) In the event of any damage or other impairment of the Mitte goods (including loss), the customer is obligated to immediately notify Mitte thereof by email: firstname.lastname@example.org.
d) In the event of damage to the Mitte goods and other violations of the customer’s obligations, the customer shall be liable in accordance with the statutory provisions.
5.3 Term and Termination
a) The contract term of the subscription is determined by the subscription option selected by the customer (hereinafter: "minimum contract term"). The minimum contract period begins with the delivery of the rented Mitte products. The goods shall be deemed delivered when the supplier commissioned by Mitte has delivered the goods to the Customer. Following the minimum contract period, the subscription shall be extended for an indefinite period of time if it is not terminated by one of the parties at the end of the minimum contract period.
b) For the subscription, Mitte grants the customer a 30-day right of withdrawal from the beginning of the minimum contract term, independent of the statutory right of withdrawal. If the Customer declares in text form within these first 30 days that he/she wishes to withdraw from the subscription, he/she is obligated to return the products received in accordance with Section 5. 3. d).
c) The subscription may be terminated by either party at any time at the end of the minimum contract term. After expiry of the minimum contract term, the subscription may be terminated by either party at any time with a notice period of one month. The Customer may give notice of termination in this regard either in writing to mittemitte GmbH, Sonnenallee 224a, 12049 Berlin, in text form to email@example.com or via the cancellation button on the website and in the Customer's profile.
d) The Customer is obligated to return the Mitte products rented from Mitte to Mitte no later than 14 days after the end of the contract, regardless of the reason. The customer will receive the documents required for this purpose, including a return label provided by Mitte free of charge. Mitte reserves the right to charge the Customer for the return shipment if the requirements for the return shipment specified in Section 4. 1 c) are not met. If possible, the return shipment should be made in the original packaging.
e) The right to extraordinary termination for good cause remains unaffected. Such a reason exists in particular if:
i) the customer is in arrears with a total of two monthly payments.
ii) the customer leaves the Mitte products to unauthorized third parties.
5.4 Prices and Payment Terms
a) TThe monthly subscription payment depends on the selected subscription option and is indicated in the description of the respective subscription option during the order process.
b) The payment is due monthly at the beginning of the respective monthly period and is to be paid in advance. The first payment is due at the beginning of the minimum contract period.
c) Payments can be made by credit card or Paypal.
d) The stated prices are final prices and include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective service description or in the order overview.
III. USE OF THE APP AND OF THE SMART REFILLS SERVICES
6 General Provisions
6.1 The App offers the following functions to the customer:
(a) Connecting Mitte Products to the customer's WIFI network
(b) Setting up of Mitte Products
(c) Tracking CO2 and Cartridge Usage
(d) Ordering of Mitte Products
(e) Accessing Customer Support
6.2 The App is available for download in the following App stores: the Apple App Store and the Google Play Store.
6.3 If the customer has not yet set up a customer account in the Online Shop (see II.1), the customer can also register as a customer via the App. The provisions of section II. 1 apply accordingly. After setting up a customer account, the customer can log into the App with the customer data specified during registration.
6.4 The customer can go through a process in the app to connect and set up his/her Mitte Product with his/her WIFI network.
6.6 The customer has the option to delete his/her account in the app at any time. In this case, no further technical data and consumption data will be transmitted from the Mitte Home device to the app and any data stored by the customer in his/her account will be deleted, unless this account data is still needed to process an order with the customer or must be stored for a longer period due to statutory or contractual warranty rights or commercial and tax law retention obligations.
7 The Smart Refills Service
7.1 After the customer has started using the Mitte Product, the customer can set up the Smart Refills Service. The customer can order new CO2 for its Mitte Products via the Smart Refills Programme. Using the transmitted data from the Mitte Product, the App can recognise when a customer's Mitte Home device is likely to need a new Mitte cartridge and/or a new CO2 cylinder and inform customers of this in good time. The customer can then also order the corresponding Mitte Products via the App.
7.2 The customer can temporarily deactivate the Smart Refills Service in the app at any time. In this case, the customer will not receive any notifications from Mitte for the duration of the deactivation.
7.3 To set up the Smart Refills Service, the customer must provide the following information in the App: Selection of the relevant Products (only Mitte cartridges or also CO2 cylinders), delivery details as well as credit card information. The customer completes the set-up of the Smart Refills Service by pressing the "Set-up" button.
8 Conclusion of the Contract for the Supply of Mitte Cartridges and CO2 Cylinders via the Smart Refills Service
As part of the Smart Refills Service, the Mitte Product continuously measures the fill level of the Mitte cartridge as well as the consumption and supply of CO2. When the level and/or supply reaches a low level, the customer is notified of this via a corresponding display in the App. The customer can then choose whether to order new Mitte cartridges and/or new CO2 cylinders as required. The customer can initiate the order by clicking on the button "Order and Pay". Sections 2.3 to 5 of these General Terms and Conditions apply to the ordering of Mitte Products.
9 Special Provisions for Delivery of CO2 Cylinder through Smart Refills
9.1 When ordering CO2 cylinders through the app, the customer only purchases the CO2 contained in the cylinders. The cylinders are only provided to the customer for use and are not assigned to the customer. Mitte will provide the customer with a corresponding return label together with the delivery of the new CO2 cylinders. The customer is obliged to return the old cylinders to the address named in the return label within 30 days after the delivery of the new cylinders. The return shipment is free of charge for the customer.
9.2 If the CO2 cylinder is not returned or not returned within the specified period, the fee per cylinder expressly stated by Mitte prior to ordering the CO2 cylinder shall be incurred, which Mitte may debit via the customer's deposited payment option. If a debit via the deposited payment option is not possible, Mitte will send the customer an invoice with a corresponding payment request and payment deadline.
IV. GENERAL PROVISIONS
1 Delivery and Shipping Conditions
1.1 Each Mitte Product delivered shall remain the property of Mitte until payment has been fully effected.
1.2 The delivery of goods is regularly carried out by shipping and to the delivery address specified by the customer. When processing the transaction, the delivery address given by the customer in the order processing shall be decisive. If no other address has been specified, the address stored on the applicable payment option shall be decisive.
1.3 Mitte shall deliver within the delivery period specified for the relevant goods in the Online Shop or in the App, unless the customer opts for a later delivery within the scope of the shipping options. In order to comply with the agreed delivery periods, it is sufficient for Mitte to hand over the goods to the shipping company before the expiry of the period.
1.4 If the transport company returns the shipped goods to Mitte because it was unable to deliver them to the customer, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer exercises its right of withdrawal by refusing acceptance, if he or she is not responsible for the circumstance that led to the impossibility of delivery, or if he or she was temporarily prevented from accepting the service offered, unless Mitte had given him or her reasonable prior notice of the service.
2.1 If the customer orders Products from Mitte for delivery outside the EU, they may be subject to import duties and taxes, which will be levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the customer; Mitte has no control over these charges. Customs regulations vary greatly from country to country, so the customer should contact his or her local customs authority for more information.
2.2 The customer is considered the importer when ordering from Mitte and must comply with all laws and regulations of the country in which he or she receives the Products. Cross-border deliveries are subject to opening and inspection by customs authorities.
3 Statutory Warranty in Case of Purchasing Goods
3.1 If the delivered goods purchased in the Online Shop or the App are defective, the customer is entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.
3.2 The limitation period of warranty claims for the delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by Mitte will expire according to the ordinary limitation period.
3.3 Moreover, the customer shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that Mitte expressly guaranteed such in the individual case with respect to the item sold.
4 Mitte warranty
The Mitte Products are also covered by a two-year Mitte warranty. Details of the warranty conditions of the Mitte warranty can be found at https://static.mitte.co/downloads/en/mh-Warranty.pdf.
5 Limitation of Liability
5.1 Mitte is liable for intent and gross negligence. Further, Mitte is liable for the negligent breach of obligations, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer may rely on regularly. In the last-mentioned case, Mitte is only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by Mitte’s vicarious agents.
5.2 The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
6 Applicable Law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, the choice of law does not affect the mandatory consumer protection laws applicable in the state of the consumer's habitual residence.
7 Jurisdiction; Online and Alternative Dispute Resolution; Severability Clause
7.1 If, on conclusion of this contract, the customer had his place of residence or habitual place of residence in Germany and he relocated it to a location outside Germany at the time of commencement of proceedings by Mitte or if the customer’s place of residence or habitual place of residence is unknown at this time, the jurisdiction for all disputes shall be the seat of Mitte in Berlin.
7.2 The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/. Mitte’s e-mail address is: firstname.lastname@example.org
7.3 Mitte is not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).
7.4 Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.
Right of Withdrawal for Consumers
You have the right to withdraw this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods. If several goods are delivered in the course of one order, the period begins on the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (mittemitte GmbH, Sonnenallee 224a 12059 Berlin, email@example.com) by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. For this purpose, you can use the attached sample withdrawal form, which, however, is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
The contract for the delivery of a Mitte cartridge can only be withdrawn if the cartridge is sealed and returned to Mitte by the customer. Unsealed Mitte cartridges are excluded from the right of withdrawal according to § 312g (2) No. 3 of the German Civil Code (BGB). Mitte cartridges are sent to the customer as sealed goods and are not suitable for return for reasons of health protection/hygiene if their seal has been removed after delivery.
Consequences of Withdrawal
If you withdraw this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
You must return or hand over the goods the address mentioned in the return label without undue delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
In the event that you return the goods to us, please use the original packaging, if still available.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
We shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Model withdrawal form pursuant to Annex 2 to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 Introductory Act to the Introductory Act to the German Civil Code (EGBGB) (Complete and return this form only if you wish to withdraw from the contract)
• To mittemitte GmbH, Sonnenallee 224a 12059 Berlin, e-mail: firstname.lastname@example.org.
• I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.
• ordered on (*). . . . ./received on (*). . . . .;
• name of consumer(s);
• address of consumer(s);
• signature of consumer(s); (only if this form is notified on paper);
(*) complete as appropriate