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Conditions

Terms of Service

1. Scope

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. Contractual partner, conclusion of contract, correction options

The contract of sale is concluded with Miller Company.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Terms of Delivery

We deliver free of charge.

We only deliver by mail. Unfortunately, a self collection of the product is not possible.

We do not deliver to packing stations.

5. Payment

The following payment methods are generally available in our shop:

invoice
The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.

Cash on pickup
You pay the invoice amount in cash upon collection.

6. Right of Withdrawal

You are entitled to the statutory right of cancellation as described in the cancellation policy.

7. Retention of Title​

The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Warranties and Guarantees

8.1 Right to Liability for Defects

Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.

The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health

  • in the event of intentional or grossly negligent breach of duty or fraudulent intent

  • in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

  • as part of a guarantee promise, if agreed, or

  • as far as the area of application of the Product Liability Act is open.

Restrictions on Entrepreneurs

With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

regulations for merchants

The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

8.2 Warranties and After-Sales Service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

9. Liability

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health,

  • in the event of intentional or grossly negligent breach of duty,

  • in the case of a promise of guarantee, if agreed, or

  • as far as the area of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.

10. Dispute Resolution​​​​​

The European Commission provides a platform for online dispute resolution (OS) that youhereFind. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

11. Final Provisions

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

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