General Terms and Conditions of Business
for Mithos GmbH
1. Scope of applicability
These General Terms and Conditions of Business apply to all orders made by customers via the online shops for the Mithos and Arcuoso brands from Mithos GmbH, (hereinafter referred to as Mithos).
2. Registration
2.1 Purchases via Mithos are only permitted for customers who have duly and honestly registered.
2.2 The creation and use of multiple accounts by a single individual is not permitted.
2.3 Breaches of this regulation may lead to immediate exclusion and claims for compensation by Mithos. Mithos may also impose delivery limits per item and customer.
3. Conclusion of contract
3.1 The presentation of the products in the online shop is not a legally binding offer, but rather an invitation to order.
3.2 By clicking on the "Submit order" button in the shopping cart, the customer submits a binding offer.
3.3 The automatic confirmation e-mail documents receipt of the order. The binding contractual relationship is only created when Mithos confirms dispatch of the goods via e-mail (shipping confirmation), and at the latest upon delivery of the good.
3.4 If, during order processing, Mithos realizes that the products ordered by the customer are not available, it will inform the customer of this via e-mail. No contract is created regarding the unavailable goods.
4. Prices and shipping costs
4.1 The prices displayed in the Mithos online shop at the time of ordering shall apply. The prices given are net prices, include legal VAT and are displayed in the selected currency (USD, EUR or CHF).
4.2 For every order at Mithos the cost of packaging and shipping are adde. Details shipping costs can be viewed here.
5. Delivery conditions
5.1 Deliveries are made worldwide.
5.2 All articles offered in the online shop at mithos.com or arcuoso.com are delivered ex warehouse and are dispatched within 2 to 4 working days of the order being placed. Should we be unable to supply a product for any reason, the customer will be informed of this without delay but within 1 working day at the latest. Exceptions to this provision are the tailor-made leather motorcycling suits from Arcuoso, for which the delivery period is 4 to 6 weeks.
5.3 If a delivery does not arrived on the requested or announced delivery date however, no claims for compensation will be permitted.
5.4 Should delivery of the goods fail by fault of the customer, Mithos shall be entitled to withdraw from the contract. Any payments already made will be refunded immediately.
6. Payment conditions
6.1 Payment may be made by credit card (Visa, MasterCard), PostFinance (PostCard, E-Finance) or Paypal. Any payments made by credit card or PostCard will be handled by PostFinance. Data are encrypted before being transmitted to PostFinance for processing.
6.2 Mithos may cancel or suspend an order if
(a) a customer is not or does not appear to be creditworthy
(b) is subject to more than one current dunning procedure or
(c) there are justified grounds to suspect dishonest intentions.
7. Returns
7.2 The right to cancel does not apply to the following kind of contracts:
- Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
- Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
If any of the aforementioned items are defective, incomplete or in poor conditions, however, they may be returned. In this case Mithos is obliged to provide a replacement of equivalent value. If this is not possible, any payments already made will be refunded.
7.3 Credit from returned goods will be transferred to the relevant customer's Mithos account. Exception: orders paid in advance by credit card will be refunded to the credit card. In this case a credit will also be made to the relevant customer's Mithos account.
7.4 In the event of improper orders (e.g. in order to try on various sizes of an item) Mithos reserves the right to refuse return.
7.5 Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us
Mithos Racing AG, Returns
Binzstrasse 31
CH-8620 Wetzikon - Switzerland
(Monday to Friday 10 am - noon / 1 - 6 pm, Saturday 9 am - 5 pm)
sales@mithos.com
Of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8. Retention of ownership
The goods shall remain the property of Mithos until complete payment has been made.
11. Data protection
11.1 Mithos only stores data necessary for its customer service.
11.2 The customer is encouraged to provide personal data in order to set up a customer account and/or become a member. This includes information about gender, e-mail address and language. During the initial order the customer must also provide an address for the order to be processed. The provision of any additional personal data is entirely voluntary and serves to profile the customer. Mithos uses them for data processing, the management of customer accounts and for marketing purposes, for example to tailor newsletters if the customer wishes to receive them.
11.3 In order to make visiting our website attractive and to permit the use of certain functions, we use so-called cookies on various pages. You can set your browser so that it informs you of the use of cookies or allows you to decide in each individual case or to prevent the acceptance of cookies in certain cases or in general. [Refusal to accept cookies may limit the functionality of our website].
11.5 This website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files stored on your computer in order to permit your use of the website to be analyzed. The information generated by the cookies regarding your use of the website is generally transmitted to a Google server in the United States and stored there. If IP anonymization is activated on this website, your IP address will be shortened by Google within the member states of the European Union or other EEA members. The entire IP address will only be transmitted to a Google server in the United States and stored there in exceptional cases. Acting on behalf of this operator of this website, Google will use this information to assess your use of the website, create reports regarding website activities and to provide additional services relating to website and Internet use to the website operator. The IP address transmitted by your browser in the context of Google Analytics will not be combined with other data by Google. You may prevent the storage of cookies using the relevant settings for your browser software; we must, however, inform you that in this case not all functions of the website will be available to you. You can also prevent the collection of data relating to your use of the website by the cookie (incl. your IP address) and its transmission to Google as well as the processing of said data by downloading and installing the browser plug-in available at the following link:http://tools.google.com/dlpage/gaoptout?hl=de
As an alternative to the browser plug-in, you can also click here to prevent your assessment by Google Analytics on this website in future. This will store an opt-out cookie on your device. If you delete your cookies, you will need to click on the link again.
11.6 An exception to this provision is the data for the creditworthiness check, which has to be forwarded to the relevant credit agency.
11.7 Credit check and scoring
If we provide advance performance, e.g. for a purchase on account, we may have a credit check by a credit agency using a mathematic and statistical procedure in order to protect our interests. To do so, we will forward the personal data necessary for a credit check to a credit agency and use the resulting information regarding the statistical probability of a default to make a calculated decision regarding the creation, execution or termination of the contractual relationship.
11.8 The user data and newsletter settings may be changed at any time.
11.9 You have a right to free information regarding your stored data (Art. 8 DSG) and a right to correction (Art. 5 para. 2 DSG). Furthermore, you may demand that your data be deleted insofar as it is no longer required for the execution of the contract as well as demand that your data be blocked. Requests for information and demands for blocking and/or deletion may also be submitted to the responsible office electronically. If you have any questions regarding the collection and processing of your personal data, or for questions regarding information and correction, please contact: Bruno Zimmerli, Mithos GmbH, Grosszelgstrasse 24, 5436 Würenlos (Switzerland).
12. Amendments to the General Terms and Conditions of Business
These GT&Cs may be amended.
Questions about the GT&Cs, Mithos or Arcuoso?
Then just get in touch. We would be happy to provide any information you may need and to assist you as required!
(Monday to Friday 10 am - noon / 1 - 6 pm, Saturday 9 am - 5 pm).
We look forward to hearing from you!
Your team Mithos
Mithos Racing AG
Binzstrasse 31
CH- 8620 Wetzikon