AGB
General Terms and Conditions ( GTC )
of
Miller Exhaust - Custombike GmbH
An der Bieg 19
91074 Herzogenaurach
Phone: 0049 (0)9132 7453 80
E-Mail: info@miller-exhaust.com
Website: www.miller-exhaust.com
Webshop: www.miller-exhaust.com/shop
Register court: Fürth HRB 8376
Managing Director: Nicolai Michl
§ 1 Scope of application
(1) The legal relationships established between Miller Exhaust - Custombike GmbH and its customers (hereinafter referred to as the customer) shall be governed exclusively by the following General Terms and Conditions (GTC) in the version valid at the time of the order.
(2) Deviating general terms and conditions of the purchaser are generally rejected. They shall only be deemed to be effectively included if this has been expressly agreed.
§ 2 Conclusion of the contract
(1) The presentation of our goods in the online store does not constitute a binding offer by Miller Exhaust - Custombike GmbH to conclude a purchase contract, but a non-binding online catalog. The customer is merely requested to submit an offer to conclude a contract by placing an order.
(2) The customer can initially place our products in the shopping cart in our online store without obligation and correct his entries at any time before sending the binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the button “order for a fee”, the customer places a binding order for the goods contained in the shopping cart. With his order, the customer recognizes the general terms and conditions of Miller Exhaust - Custombike GmbH as decisive for the legal relationship.
(3) We confirm the order by email within 1 day at the latest. With the order confirmation we accept the contract offer of the orderer. The respective product description becomes part of the contract.
§ 3 Prices & shipping costs
(1) All prices are quoted in EURO, including the statutory VAT of 19%. Discounts and other rebates are not granted unless expressly agreed. The costs for packaging, shipping and insurance are not included in the prices and will be charged separately. For deliveries to non-EU countries, additional customs duties, taxes or fees may have to be paid by the customer, but not to Miller Exhaust - Custombike GmbH. The customer is advised to inquire about the details with his responsible customs or tax authority before ordering.
(2) Delivery shall be made by post, DHL small parcel & DHL parcel, GLS & UPS or cash on delivery, as selected by the customer. The flat-rate shipping costs (shipping costs, packaging and insurance) are based on the weight of the parcel, plus €8.60 transmission fee for cash on delivery and are stated in the order process and in the order confirmation. The shipping costs of DHL, GLS and UPS can be viewed on our homepage.
(3) Transport insurance: Postal parcels are insured up to € 500.00 // € 2500.00 value of goods. If the customer is an entrepreneur, insurance will only be taken out for goods worth more than € 500.00 on express request.
(4) The prices valid on the day of the order shall apply.
§ 4 Terms of payment & due date
(1) Payment can be made by prepayment, PayPal, Klarna, Amazon, Stripe or cash on delivery. Business customers also have the option of paying by direct debit, prepayment or invoice.
(2) We reserve the right to exclude certain payment methods in individual cases.
(3) The purchase price is due immediately upon conclusion of the contract.
(4) Miller Exhaust - Custombike GmbH reserves the right to demand a down payment of 50% of the value of the goods before the start of execution for orders of special and custom-made products, as well as for large order quantities.
(5) Processing fee - is a fee charged by the company for the administrative costs incurred for orders.
§ 5 Delivery periods
(1) The delivery period for exhaust systems is 1-10 working days for accessories 1-5 working days. In the case of payment in advance, the delivery period begins on the day after the payment order is issued to the transferring bank by the customer or, in the case of other payment methods, on the day after conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
(2) However, the delivery period shall only commence if all documents and technical data to be provided by the customer for the execution of the order have been received by Miller Exhaust - Custombike GmbH. This applies in particular to custom-made products.
(3) If the customer arranges for changes or deviations of the ordered goods after conclusion of the contract, the delivery period begins anew, starting from confirmation of the deviating order.
(4) Miller Exhaust - Custombike GmbH is entitled to partial performance. In the case of partial performance, the costs for packaging, shipping and insurance are only incurred once.
(5) If Miller Exhaust - Custombike GmbH is in default of delivery, the customer may withdraw from the contract after setting a reasonable deadline, after which no delivery is made.
§ 6 Retention of title & advance assignment
(1) Miller Exhaust - Custombike GmbH retains title to the goods delivered by it until full payment of all principal and ancillary claims arising from the contractual relationship.
(2) The retention of title also extends to the products resulting from processing, combining and mixing. Miller Exhaust - Custombike GmbH receives co-ownership of the resulting products in the ratio of the value of its material to the other related materials through the combination or mixing of its goods. The transfer of ownership is replaced by the fact that the purchaser stores the goods free of charge with the care of a prudent businessman.
(3) The customer, who is an entrepreneur, is entitled to resell the goods in the ordinary course of business. If he sells the goods subject to retention of title, the resulting claims shall be deemed assigned to Miller Exhaust - Custombike GmbH without the need for further confirmation.
(4) Seizures or other impairments of the property of Miller Exhaust - Custombike GmbH must be reported immediately.
§ 7 Statutory liability for defects & grounds for exclusion
(1) If the goods delivered by Miller Exhaust - Custombike have defects which cancel or reduce their value or suitability for the contractually stipulated use, the purchaser may demand subsequent performance within the statutory period of liability for defects. If subsequent performance is not effected within a reasonable period of time, the customer may withdraw from the contract or reduce the purchase price.
(2) In the event of replacement delivery, rectification of defects or withdrawal from the contract, the goods received must be returned to Miller Exhaust - Custombike GmbH after prior notification. The goods must be returned postage paid and the usual shipping costs will be reimbursed by Miller Exhaust - Custombike GmbH.
(3) Miller Exhaust - Custombike GmbH assumes no liability for defects for malfunctions caused by improper installation of the otherwise defect-free goods. Due to the technical expertise required for installation and the general safety regulations, installation must be carried out by a specialist. Miller Exhaust - Custombike GmbH shall not be liable for assembly errors made by customers.
(4) No liability for defects shall be assumed for malfunctions caused in particular by the customer acting contrary to the operating, handling or maintenance instructions or making unauthorized or improper changes to the delivery item.
§ 8 Liability & limitation of liability
(1) The liability for damages to the customer's body, health or life due to the behavior of Miller Exhaust - Custombike GmbH and damages under the Product Liability Act are unlimited in accordance with the statutory provisions.
(2) Insofar as Miller Exhaust - Custombike GmbH is not liable without limitation in accordance with the above paragraph (1), or on the basis of an assumed guarantee, the liability for other damages is limited as follows:
Miller Exhaust - Custombike GmbH is only liable for other damages caused by slight negligence insofar as these are based on the breach of essential contractual obligations. These are in particular such contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner could rely. The liability of Miller Exhaust - Custombike GmbH and its vicarious agents for simple negligence according to this regulation is limited to the foreseeable damage typical for the contract. The provisions of this paragraph also apply accordingly to a limitation of the obligation to pay compensation for futile expenses (§ 284 BGB).
(3) Miller Exhaust - Custombike GmbH assumes no liability for damages for which Miller Exhaust - Custombike GmbH is not at fault.
§ 9 Right of withdrawal
(1) The consumer has a statutory right of withdrawal. This right and the consequences of revocation are explained separately. In addition, we have made the revocation instructions and the sample revocation form available for consumers to download as a pdf file on our homepage www.miller-exhaust.com.
(2) The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(3) For uses exceeding the necessary inspection of the condition, properties, and functionality of the goods, the seller may claim compensation for loss of value. This applies in particular to goods that have been installed, put into operation, damaged, or otherwise used beyond simple visual inspection. This includes, among others, used or damaged goods as well as installed or run exhaust systems and accessories. The buyer is expressly informed that certain automotive spare parts (in particular exhaust systems, engine components, and electronic parts) may only be visually inspected for fitment without installation or commissioning during the statutory right of withdrawal. A corresponding notice is also attached to each package.
(4) If installation or commissioning has nevertheless occurred, the buyer bears the burden of proof that the goods have not deteriorated upon return within the meaning of Section 357 (7) of the German Civil Code (BGB). The seller is entitled to claim reasonable compensation for any reduction in value resulting from signs of use, installation, or commissioning.
(5) If a notice of defects proves to be unjustified, the customer shall reimburse the seller for all expenses incurred as a result.
(6) In the event of a revocation and the subsequent return of the goods, the buyer must bear the return costs in full.
§ 10 Obligation to inspect and give notice of defects
(1) If the Buyer is an entrepreneur, he must inspect the goods upon receipt and report any defects immediately. Otherwise the goods shall be deemed to have been approved free of defects.
(2) If the customer is a consumer and the packaging of the goods is obviously damaged, he shall arrange for the transport person to record the damage. If the transport damage can only be determined after the package has been opened, the customer should arrange for the damage to be recorded at the responsible post office in order to secure the documents required for the claim settlement by the transport insurance company.
§ 11 Choice of law & place of jurisdiction
(1) The contractual relationship between Miller Exhaust - Custombike GmbH and the customer shall be governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence.
(2) The place of jurisdiction for all disputes arising from the contractual relationship and place of performance between the customer and Miller Exhaust - Custombike GmbH is the registered office of Miller Exhaust - Custombike GmbH, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 12 Severability clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
Status: 27.03.25