General Terms and Conditions

 §1 General Information

  1. In respect to business relations of all types between Milagra Spirit S.L., Walter Hugelshofer and or any associated companies hereafter called Milagra and its customers, the following General Terms and Conditions hold true in their legally valid versions, respectively. Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated.
  1. All offers – whether they be transacted by telephone, telefax, Internet, e-mail or in any other form – only become legally binding for Milagra if they have been confirmed in writing, or if the goods have been delivered and/or an invoice has been issued.
  1. Milagra reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In such case, the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed. It is then excluded that futher legal claims be raised by the customer against Milagra.

§ 2 Delivery

  1. Delivery occurs at the customer's risk. As soon as the goods have been entrusted to a transportation company by Milagra, the risk automatically transfers to the customer. This also holds true for partial deliveries. The same holds in respect to the delivery, should the customer receive the goods belatedly.
  1. The goods should be examined immediately after delivery by the customer or an authorized individual to detect any transport damages. Detectible transport damages are to be reported without delay in written form. Packaging damages are to be confirmed in writing by the transportation company upon delivery.
  1. Shipping costs according according to webpage apply.
  1. Any information concerning delivery dates is not legally binding, unless a definite date of delivery has been confirmed in writing.
  1. Claims for damages against Milagra arising from non-fulfilment of contract or delay are excluded to the extent that neither premeditation nor gross negligence can be established.

§ 3 Prices

  1. All prices are net prices. VAT is shown separately, as well as possibly occuring customs duties and transport costs. The VAT will not be applied to customers in Europe who provide us with a valid VAT-ID number. For deliveries to Switzerland, the Swiss VAT rate will be applied.
  2. The prices shown in the web-shop in your receipt of order are valid. Based on his allocated category and the amount of order the customers receives individually adjusted prices.
  1. Special prices are only valid during the mentioned period and while stock lasts.
  1. Errors and omissions excluded.

§ 4 Reservation of rights

  1. Depicted goods:The actually delivered goods can differ from the pictures. We reserve the right, to changes which improve the articles, as well as changes in packaging. Milagra has the right to deliver the changed version of the article. In case the ordered goods are not available, Milagra has the right not to supply the goods.

§ 5 Rights of Refund

  1. The customer has the possibility to return all articles from our current assortment within 30 days of the date of invoice. The goods must be returned to Milagra in orderly condition, without signs of wear and exempted from all third party claims. Punctual return is sufficient in order to satisfy legal deadlines.
  1. Rights of refund can only be exercised through the return of the goods, unless it is not possible to send the goods as a package.
  1. Rights of return are forfeited if the goods have been specially manufactured for the customer.
  1. Furthermore, customers exercising their rights of refund must compensate Milagra for any diminishment in value or for the complete value of the goods, to the extent the customer was not able to return the goods in orderly condition. This does not hold true for goods whose damaged condition was caused exclusively by a standard examination, as would have been possible in a normal shop.
  1. Return of goods:
    A return number has to be obtained before returning goods to Milagra

§ 6   Claims for Damages

  1. Defects or other damages owing to faulty or inappropriate handling, cannot be accepted.
  1. Refund claims arising from transportation damages may only be enforced by the customer if the formalities in accordance with § 2, numeral 2 have been fulfilled.
  1. Otherwise, refund formalities are carried out in congruence with the usual legal regulations.

§ 7 Due Dates and Payment Conditions

  1. Invoices sent by Milagra – as long as no agreements of a divergent nature have been set in writing – are to be paid in full without delay.
  1. Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of five percentage points above the standard German interest rate for the period of delinquency. In the event Milagra is in a position to substantiate greater damages caused by delay, Milagra reserves the right to raise corresponding legal claims.

§ 8 Reservation of Ownership

  1. Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of Milagra. In respect to contracts negotiated with consumers, Milagra reserves its right of property until the full remittance of the purchase price.
  1. The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of Milagra. The customer  relinquishes his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between Milagra and the customer, including interest and any subsidiary demands to be brought against Milagra. Milagra accepts this relinquishment of rights.

§ 9 Place of Execution and Place of Jurisdiction

  1. Legal jurisidiction is exercised by Swiss Law exclusively.
  1. The place of execution for all services and products negotiated in business transactions with Milagra is Frauenfeld, Switzerland.
  1. The exclusive place of jurisdiction for any legal proceeedings against Milagra is Frauenfeld, Switzerland. The same holds true for legal action taken by Milagra against its customers.

§ 10 Final Clause

Should any of these individual contractual conditions – for whatever reason not be legally enforceable, it does not mitigate the legal validity of the remaining agreements in any way.