Conditions of Use
General terms and conditions
The following terms and conditions apply for all contracts between Milotec Auto-Extras GmbH, Nordenstadter Strasse 18, D-65207 Wiesbaden (hereinafter: Milotec) and the customer.
General terms and conditions of the customer shall not become part of the contract.
Contracts are available in German and/or English.
2. Conclusion of the contract
All offers by Milotec are non-binding.
The binding contract offer can be made in the online shop via the online order form by clicking on the button "buy" after the customer has place the desired product in the virtual shopping basket and entered all the necessary data on the order form. The offer can also be made to Milotec by post, e-mail or fax.
Milotec reserves the right to accept the contract offer in a separate order confirmation by e-mail or directly by dispatch of the goods within 5 days. This takes the form of collection of the invoice amount in the case of advance payment or by dispatch of the goods in the case of cash on delivery. If, in individual cases, the contract is not concluded, any payments made will be immediately refunded.
3. Correction of entries, storage of the contract text
Up to the binding click on the button "buy", the customer can correct his entries at any time with the usual keyboard and mouse functions and the correction function provided, or cancel the entire order process.
The contract text is stored by Milotec and sent to the customer in distance selling along with the current GTCs and the prescribed information in text form by e-mail.
After electronic dispatch of the order, the contract text can no longer be viewed on the Internet. The customer does, however have the option at any time of storing his entries himself as required using the usual functions of his browser (usually: file/save as). If the customer has set up a personal customer account, he can also view his orders anytime later online.
The applicable prices are those shown on the Milotec website at the time of the order. Milotec makes out an invoice for the ordered goods which is sent to the customer in text form at the latest with the delivery of the goods.
The prices given in the product descriptions are end prices.
Customers with shipment destination in Germany have the choice between purchase by advance payment (advantage: 2% discount) or by cash on delivery (COD). If advance payment is desired we send the customer an invoice taking the discount into account. If COD is desired, the goods are dispatched immediately. Payments can be made in advance by transfer of the discounted invoice amount to one of our account or by cash on delivery (additional COD charge by the post office: Euro 5.60). The prices are ex works plus dispatch costs, COD charges and packaging costs in accordance with our currently applicable price list.
For customers with shipment destination abroad, payments are only accepted as advance payment (bank transmission or PayPal).
5. Dispatch costs
Dispatch costs within Germany:
up to Euro 250.00
postage: Euro 9.00
over Euro 250.00
For all orders the following charges/fees can incur, e.g.:
- cash on delivery: Euro 5.60
- surcharge for bulky goods, chassis/suspensions, exhaust pipe: Euro 15.00
- wheels Euro 15.00 per set
Shipping costs Europe: klick here
For orders outside Europe we cannot reasonably specify the shipping costs in advance due to the variety of products, possible order compositions and destination countries. We will inform you about the shipping costs in advance. Please contact us at firstname.lastname@example.org and let us know what you would like to order and where you would like us to deliver. You will then immediately receive the binding shipping costs.
6. Reservation of ownership
The delivered goods remain the property of Milotec up until full payment is received.
Pledging, assignment as security, processing or modification of the goods is not permitted until the transfer of ownership.
7. Right of cancellation
Consumers have a legal right of cancellation. For further information, please see our right of cancellation.
The statutory guarantee rights apply.
In the case of a guarantee claim, please first contact by phone, fax or e-mail:
Milotec Auto-Extras GmbH,
Nordenstadter Strasse 18, D-65207 Wiesbaden,
Tel.: 0611-53292-0, Fax: 0611-53292-29
The guarantee period is two years, starting with the delivery of the article to the purchaser. Incorrect deliveries and obvious defects in the goods should be reported in writing within two weeks of receipt of the goods. Guarantee claims are limited at first to the elimination of the defect or supply of a defect-free article (post-fulfilment). In the case of elimination of defects, we are obliged to bear all of the costs of the defect elimination including transport, travel, work and material costs insofar as these have not been increased by sending the article to a place other than the place of fulfilment. If post-fulfilment is not satisfactory the customer can withdraw from the contract or demand a reduction in price.
The European Commission website https://ec.europa.eu/consumers/odr/ provides a platform for online dispute resolution that consumers can use to settle disputes and find further information on the subject of dispute resolution. We are, however, neither obliged nor willing to participate in the dispute resolution procedure. Our e-mail address is: email@example.com
Milotec is liable without restriction for damages caused by intent or gross negligence.
Milotec does not, however, assume any liability for lightly negligent infringements of obligations if these do not cause injury to life, body or health or affect guarantees or claims arising from the product liability act. This does not affect the liability for the infringement of obligations whose fulfilment is essential for the orderly implementation of the contract and whose fulfilment you as customer are entitled to rely on.
Liability in the case of infringement of such essential contractual obligations is also limited to predictable and typical damages whereby the liability limitation also applies respectively in the case of fault on the part of a vicarious agent.
10. Alteration of the goods
We are entitled to alter and improve the goods in accordance with technical progress without giving the customer prior notice of this insofar as the function or the form of the goods are not permanently impaired or altered and this is reasonable for the customer.
11. Data privacy
Data is processed by Milotec subject to the applicable federal data protection act (new) as well as the General Data Protection Regulation.
12. Severability clause
These terms and conditions are subject exclusively to the law of the Federal Republic of Germany with exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This shall not affect mandatory legal provisions in the state where the customer is based.
Insofar as both parties are merchants within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special public fund, place of jurisdiction and fulfilment for all disputes is the domicile of Milotec. This also applies to a consumer if he does not have general legal jurisdiction in Germany or moved abroad after conclusion of the contract or the address of the customer cannot be established at the time of the legal action.
If individual provisions of these terms and conditions are or become invalid, this shall not affect the validity of the terms and conditions as a whole. The invalid provision shall be replaced by a legally valid provision.