GTC
General Terms and Conditions ( GTC )
of
Miller Exhaust - Custombike GmbH
An der Bieg 19, 91074 Herzogenaurach, Germany
Telephone: 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 following General Terms and Conditions (GTC) apply exclusively to the legal relationships established between Miller Exhaust - Custombike GmbH and its customers (hereinafter referred to as the customer), 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 effectively included if this has been expressly agreed.
(3) Consumers and entrepreneurs
Consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity (§ 13 BGB).
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract (Section 14 BGB).
Certain provisions of these GTC apply exclusively to entrepreneurs. These are labelled accordingly.
§ 2 Conclusion of the contract
(1) The presentation of our goods in the online shop does not constitute a binding offer by Miller Exhaust - Custombike GmbH to conclude a purchase contract, but a non-binding online catalogue. 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 basket in our online shop 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 basket. With his order, the customer recognises the GTC 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 customer. 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 shall not be granted unless this has been expressly agreed. The costs for packaging, despatch 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 be payable by the customer, but not to Miller Exhaust - Custombike GmbH. The customer is advised to enquire 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 at the customer's discretion. 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 upon express request.
(4) The prices valid on the day of the order shall apply.
(5) Return costs in the event of cancellation and refusal of acceptance
In the event of cancellation, refusal of acceptance or undeliverable shipments, the buyer shall bear the direct costs of the return shipment. The amount of the return costs corresponds to the actual shipping costs incurred according to the original shipping method.
(6) Transfer of risk
If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover to the transport company.
§ 4 Terms of payment & Due date
(1) Payment can be made by prepayment, PayPal, Klarna, Amazon 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 commencement of execution in the case of orders for special and customised products and large order quantities.
(5) Processing fee - is a fee charged by the company for the administrative costs incurred for orders.
(6) We reserve the right to carry out credit checks and to exclude certain payment methods in individual cases or to offer them only against prepayment.
(7) Cancellation is excluded for custom-made products. In the event of cancellation, work already started will be charged pro rata.
§ 5 Delivery times
(1) Delivery times are non-binding unless expressly confirmed.
The period for delivery shall commence on the day after the payment order is issued to the transferring bank by the customer in the case of payment in advance or on the day after conclusion of the contract in the case of other payment methods and shall end 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 recognised 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 begin to run if all documents and technical data to be provided by the customer for the execution of the order are available to Miller Exhaust - Custombike GmbH. This applies in particular to customised products.
(3) If the customer arranges for changes or deviations of the ordered goods after conclusion of the contract, the delivery period shall begin to run again, starting from confirmation of the deviating order.
(4) Miller Exhaust - Custombike GmbH is entitled to partial performance. In the event of partial performance, the costs for packaging, shipping and insurance shall only be incurred once. Partial deliveries are reasonable.
(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 shall be made.
§ 6 Retention of title & Advance assignment
(1) Miller Exhaust - Custombike GmbH shall retain 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 proportion to 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 purchaser, 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 & Reasons for exclusion
(1) If the goods delivered by Miller Exhaust - Custombike have defects that cancel or reduce their value or suitability for the contractually stipulated use, the customer may demand subsequent fulfilment within the statutory liability period for defects. If the subsequent fulfilment does not take place within a reasonable period, the customer may withdraw from the contract or reduce the purchase price.
(2) In the event of replacement delivery, rectification or withdrawal from the contract, the goods received must be returned to Miller Exhaust - Custombike GmbH after prior notification. The return of the goods must be postage paid, the usual shipping costs will be reimbursed by Miller Exhaust - Custombike GmbH.
(3) No liability for defects shall be assumed for malfunctions of the otherwise defect-free goods that occur due to improper installation. 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 unauthorised 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 behaviour of Miller Exhaust - Custombike GmbH and damages under the Product Liability Act shall be 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 due to a guarantee assumed, liability for other damages is limited as follows:
Miller Exhaust - Custombike GmbH shall only be 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 fulfilment 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 shall also apply accordingly to a limitation of the obligation to pay compensation for futile expenses (§ 284 BGB).
(3) Miller Exhaust - Custombike GmbH shall not be liable for damages for which Miller Exhaust - Custombike GmbH is not at fault.
§ 9 Right of cancellation
(1) Validity for consumers
The right of cancellation regulated below applies exclusively to consumers within the meaning of Section 13 BGB. Entrepreneurs are not granted a voluntary right of cancellation or return.
(2) The consumer is entitled to a statutory right of cancellation. This right and the consequences of cancellation are explained separately. In addition, we have published the cancellation policy and the sample cancellation form for consumers on our homepage www.miller-exhaust.com
as pdf for download provided.
(3) The right of cancellation shall 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.
(4) The seller may demand compensation for use that goes beyond a suitability test necessary to check the condition, properties and functionality. This applies in particular to goods that have been assembled, put into operation, damaged or used in any other way beyond the mere visual inspection. This includes, among other things, goods that have been put into operation or damaged as well as mounted or started exhaust systems and accessories. The buyer is expressly advised that certain vehicle spare parts (in particular exhaust systems, engine parts, electronic components) may be tested within the scope of the statutory right of cancellation exclusively for visual inspection for accuracy of fit without assembly or commissioning. This regulation is additionally pointed out on each package.
(5) In the event that assembly or commissioning has nevertheless taken place, the buyer shall bear the burden of proof that the goods have not deteriorated upon return within the meaning of Section 357 (7) BGB. The seller shall be entitled to demand appropriate compensation in accordance with the reduction in value that has occurred if there are signs of use, installation or commissioning.
(6) If a notice of defects proves to be unjustified, the customer shall reimburse the seller for all expenses incurred by the seller as a result.
(7) In the event of a cancellation and the subsequent return of the goods, the buyer must bear the return costs in full.
(8) Refusal of acceptance / uncollected shipments
If the buyer refuses to accept the goods or if a consignment is not collected for reasons for which the buyer is responsible (e.g, reasons for which the buyer is responsible (e.g. Reasons for which the buyer is responsible (e.g. non-collection, incorrect address details), is returned to the seller, this shall be deemed an exercise of the right of cancellation.
In this case, the seller is entitled to recover the return costs incurred by him (incl. shipping and return costs actually incurred). in this case, the seller is entitled to withhold the return costs incurred (including actual shipping and return transport costs) from the amount to be refunded or to invoice the buyer separately.
(9) Cancellation is excluded for custom-made products. In the event of cancellation, work already started will be charged pro rata.
(10) Returns must be notified to the seller in advance. Unannounced returns may be refused.
§ 10 Duty to inspect and give notice of defects
(1) If the customer 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 ascertained after the parcel has been opened, the customer shall arrange for the damage to be recorded at the responsible postal branch in order to secure the documents required for the settlement of the claim 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 fulfilment 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 a provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
§ 13 Special conditions for entrepreneurs
(1) No right of cancellation
Entrepreneurs are not granted a statutory or voluntary right of cancellation. Goods will only be taken back after prior written agreement.
(2) Returns
Returns by entrepreneurs require the prior consent of Miller Exhaust - Custombike GmbH. Unannounced returns may be refused.
In the event of a return authorised as a gesture of goodwill, we reserve the right to deduct an appropriate processing fee and any shipping costs incurred.
(3) Transfer of risk
The risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover to the transport company.
(4) Payment default
If the entrepreneur is in default of payment, we shall be entitled to charge default interest in the amount of 9 percentage points above the respective base interest rate. We reserve the right to claim further damages.
(5) Offsetting / right of retention
The entrepreneur is only entitled to offset, if his counterclaims have been legally established or are undisputed. A right of retention may only be exercised if it is based on the same contractual relationship.
(6) Retention of title extended
The delivered goods remain the property of Miller Exhaust - Custombike GmbH until full payment of all claims arising from the business relationship.
Date: 18.03.2026