1. Scope of application

(1)          These General Terms and Conditions apply to all contracts concluded between us, the company Mills GmbH, Beethovenstraße 4, 67459 Böhl-Iggelheim, Managing Director: Harry Mills, and you as our customer.

(2)          All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.

(3)          The version of the General Terms and Conditions valid at the time the contract is concluded shall apply.

(4)          We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

(5)          These General Terms and Conditions apply to companies as defined by § 14 BGB (entrepreneurs) and to consumers as defined by § 13 BGB (private individuals).

2. Scope of services

We sell various components and accessories for mopeds, motorcycles and other light vehicles via our online store. Some of these products are standard products which we purchase from manufacturers. Other items are products that we design ourselves and have produced by an external manufacturer.

We do not manufacture any products ourselves and therefore only act as a sales platform, not as a manufacturer of the products. We also provide technical consulting services (except legal and tax advice) for electric motorcycles, lithium-ion batteries and drivetrains.

These consulting services are related specifically to the field of light electromobility. We offer technical consulting services and are not a dedicated engineering agency. Individual technical consultant services to be concluded individually in addition to these General Terms and Conditions.

3. Conclusion of contract

(1)          The presentation and advertising of items on our website does not constitute a binding offer to conclude a purchase contract.

(2)          By submitting an order via the online store through clicking the button "PLACE ORDER", you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, remains unaffected by this.

(3)          We will immediately confirm receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.

(4)          A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.

(5)          We can only accept orders for deliveries outside of the European Union with a minimum order value. The minimum order value and delivery costs are available by contacting us directly for an individual offer.

(6)          If it is not possible to deliver the goods you have ordered, for example, because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any payments already received without delay.

4. Terms of delivery and reservation of advance payment

(1)          We are entitled to make partial deliveries insofar as this is reasonable for you.

(2)          The delivery of goods shall be completed by a third-party chosen by us. The delivery period is approximately 14 working days unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract. While we aim to meet delivery periods, these are estimates and subject to external factors, and we are therefore not bound to this delivery period. If the delivery is delayed, we will inform you via e-mail.

(3)          In the case of orders from customers with a place of residence or business outside of the European Union or if there are justified indications of risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.

(4)          We are not liable for delays or non-performance caused by events beyond our reasonable control including but not limited to natural disasters, pandemics, strikes, or government restrictions

5. Prices and shipping costs

(1)          All prices quoted in our online store include statutory VAT, but do not include shipping costs. Shipping costs are added at checkout dependent on the country of entered delivery address.

(2)          Business to business sales outside of Germany which are not subject to statutory VAT should be concluded through an individual offer by contacting us directly.

(3)          Shipping prices can be found at the checkout via entering of a delivery address within the European Union. Shipping costs outside of the European Union can be found by contacting us directly for an individual offer.

(4)          If we fulfill your order through partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

6. Terms of payment and offsetting and right of retention

(1)          The purchase price and shipping costs must be paid within 2 weeks of receipt of our invoice at the latest.

(2)          You can pay the purchase price and the shipping costs at your discretion only with the payment options offered by us, either via direct online payment on our website or by contacting us for direct bank transfers.

(3)          You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims arising from the same purchase contract.

(4)          As the buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

7. Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

8. Warranty

(1)          We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two (2) years for consumers and one (1) year for entrepreneurs and begins with the delivery of the goods.

(2)          Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.

(3)         In particular, the purchased goods shall not be deemed to be defective if they are used improperly or not as intended, if they have been incorrectly commissioned or installed, if natural wear and tear occur, if the goods are used negligently or incorrectly, if the maintenance or operating instructions are not observed or if improper repairs or modifications are carried out by customers or third parties.

(4)          The customers themselves are responsible for checking the compatibility of any mounted or installed parts with their vehicles or systems.

(5)          The customer is obliged to carefully inspect the goods received before installation, adaptation, redesign, etc. to ensure that they are suitable for the intended purpose, vehicle or system. If the customer has any questions or uncertainties, they can contact our customer service.

(6)          Please note that despite all due care, incorrect deliveries may occur in rare cases. It is therefore responsibility of the customer to check whether the ordered part is correct for the intended application.

(7)          We would like to point out that we are neither obliged to install the parts nor to provide advice or support with regard to the installation. It is the customer's own responsibility to ensure that the goods are installed correctly. We recommend that the customer has a functional and safety check carried out by qualified personnel if there are any concerns about any parts.

(8)          We are not liable for damage caused solely by improper installation or inadequate care or maintenance. If the customer asserts unjustified and culpable warranty claims, although the defect in the goods is due to improper installation or inadequate care or maintenance and not to an initial material defect in the product, the customer is obliged to reimburse us for the costs incurred by the inspection of the goods and the further handling of the matter.

9. Liability

(1)          We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2)          In other cases, we shall only be liable - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation) on limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3)          Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

(4)          The installation of the products sold by us must be carried out professionally by a qualified individual or specialist workshop. We expressly point out that the installation and assembly of the purchased items may result in the general operating licence (e.g. ABE) or registration for the converted vehicle or system expiring. Customers may be obliged to obtain an operating licence, approval or assessment immediately dependent on the country of registration of the vehicle or system. Motor vehicles may not be driven or used within the scope of their relevant National Road Traffic Licencing Regulations (e.g. StVZO) without a valid ABE or approval in accordance with these regulations.

(5)          We hereby advise that a test for road safety may be required for certain products. These tests should be performed by a certified test authority. The customer is responsible for carrying out the necessary tests and obtaining the required approvals. If the customer installs the products without carrying out the necessary tests or obtaining the necessary approvals, they act at their own risk. We are not responsible for damage or accidents caused by the installation of the products without the necessary tests or approvals by the customer.

(6)          Any electrical or other components to be installed into or combined to create a high voltage or otherwise potentially dangerous electrical system must be installed professionally by a qualified individual or specialist workshop. The installation and assembly of electrical components and battery cells that results in a potentially dangerous system must be professionally installed, tested and certified by a qualified individual or agency. We are not responsible for damage or accidents caused by the installation of the products without the necessary tests or approvals by the customer.

(7)          We are not liable for the operational safety, performance, or other result of any system assembled from components purchased from our company, only for the operational safety and performance of the individual components as standalone items.

(8)          Certain products may require specific handling and storage conditions to avoid danger or damaging the product. We are not liable for the results of any mishandling or incorrect storage of products. Nor are we responsible to provide handling and storage instructions to customers.

10. Copyrights

We have copyrights to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express written consent.

Trademarks, patents, and trade names are similarly protected.

11. Data protection

(1)          The customer expressly consents to the electronic processing of his personal data within the scope of the following provisions. Customer data shall be treated with absolute confidentiality. The data provided by the customer will be used exclusively for the professional execution of the service. The data will not be passed on to any third parties or used for marketing purposes.

(2)          Only standard pre-set cookies and the personal information data provided by the customer at the point of sale or saved by the customer to the account page shall be collected.

(3)          Data will be stored by our third party website host. Upon written request our website host will be instructed to delete all Customer data immediately. For further information please contact us directly.

12. Right of withdrawal and refund

(1)          If the customer is a consumer, they retain a standard right of withdrawal according to the EU Consumer Rights Directive.

(2)          If the customer is an entrepreneur, a right of withdrawal is excluded.

(3)          All consumers are entitled to a 30 days refund period according to the EU Consumer Rights Directive. For further information please contact us directly.

(4)          To exercise your right of withdrawal, you must notify us in writing (e.g., by post or email) of your decision.

13. European dispute resolution

(1)          We draw your attention to the online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. Here you can enter into an out-of-court settlement of consumer disputes arising from online contracts.

(2)          We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

14. Applicable law and place of jurisdiction

(1)          The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(2)          If you as the customer are a entrepreneur, the place of jurisdiction for all disputes arising from the contractual relationship shall be our registered office. Otherwise, the statutory provisions shall apply.

(3)          If any provision is deemed invalid or unenforceable, the remainder of the Terms and Conditions will remain effective.