1. General Information
The online shop www.racing-eyewear.com is operated by Miller Optik GmbH.
Miller Optik GmbH
For detailed information see Imprint.
2. General Information
All business transactions (i.e. all sales, shipments and services) between Miller Optik and customer (hereinafter referred to as Customer, Purchaser, or Buyer) are governed by the General Terms and Conditions in their current form. Miller Optik does not accept any deviating or contradictory terms of the Purchaser unless otherwise expressly agreed upon in writing by Miller Optik. All terms and conditions of Purchaser which are inconsistent with, or in any way change, modify, amplify, differ from or add to these Terms and Conditions are rejected and are null and void, even if Miller Optik does not expressly object to such terms and conditions. By placing an online order with Miller Optik Customer aggress to these General Terms and Conditions.
3. Contract Language
The content of the Contract, all other information, customer service and/or dispute settlement will be offered in German only.
4. Offers and Prices
All prices given in Miller Optik’s online brochure are by default quoted in Euro and are cash prices. All prices displayed include VAT but not shipping fees and/or cash on delivery fees. The prices displayed apply to online purchases only. All offers are subject to confirmation and subject to goods being unsold. Miller Optik reserves the right to limit purchase quantities to personal use. All price quotations are made subject to market changes. Prices may be higher or lower at the time of order.
5. Order and Contract Formation
In order to purchase online Customers must enter their login credentials. New users must create a customer account. Existing customers log in with their chosen credentials. Goods and services offered online can only be ordered online. No contract will subsist between Customer and Miller Optik until Miller Optik accepts Customer’s order by e-mail confirming that it has dispatched your product. That acceptance will be deemed complete with Customer receiving an original Miller Optik order receipt. No request to pay or pro-forma invoice accepted. Oral agreements and/or deviating conditions must be made in writing. In the event of writing, printing and/or arithmetical errors Miller Optik shall not be obliged to conclude a contract. Miller Optik is not liable for breaches of contract or damages due to interruption in transportation and/or supply. In this event Miller Optik will inform the Customer that the ordered item is not available. Transaction with Consumers as defined in the Austrian Consumer Protection Act are governed by these Terms and Conditions to the extent that they do not contradict the terms of the Austrian Consumer Protection Act.
6. Delivery Times
When placing an order with Miller Optik customers will receive an order confirmation email. Items in stock will generally ship within the first 24 hours of order placement (depending on the time the order was placed). As required by law delivery periods shall not exceed 30 days from the date the order is placed. While Miller Optik makes every attempt to fill all orders placed, an order may be delayed or back-ordered. If a delay or back-order occurs the customer will receive notification via e-mail. Delivery times are estimates only and Miller Optik shall not be liable for delays unless expressly agreed otherwise. In the event of late delivery Miller Optik’s duty of replacement is limited to a free redemption of the merchandise. Specific delivery time requests must be made in writing and approved by Miller Optik.
Purchasers who are protected under Consumer Laws have the right to withdraw from the sales contract within 7 days of receipt. A written advice of cancellation must be sent to Miller Optik within the 7 day period. The merchandise must be returned within three working days after sending the advice of cancellation. In the event of contract withdrawal Buyer is entitled for a full or partial refund, matching payment with delivery. All returned merchandise must be undamaged, unused and in the original packaging. Customer must pay all return shipping costs. Upon inspection of the returned equipment to make sure it is in its original packaging, undamaged, no missing parts or pieces and if there is no evidence that the equipment was ever used Customer will be entitled to a refund of the original purchase price. Excluded from the contract withdrawal right are audio and video recording, expandable items, books which were opened, software with broken seals and online services. Return shipments must be accompanied by a copy of the invoice. Miller Optik is not liable for returned packages which are lost or damaged in transit. Special order items are excluded from the return policy.
Miller Optik reserves the right to change the content and offers posted on www.racing-eyewear.com at any time and without notice. In stock items will be processed for shipping as soon as the order is submitted. Out of stock items will be shipped as soon as they become available. Full per-shipment fees are charged for each shipment (see also “Customer Service” – “Shipping Information”). All orders must be shipped to a street address; no P.O. Box shipments accepted. Shipping destination must be within the EU. All items will be shipped to the shipping address designated by customer unless otherwise agreed.
9. Shipping Fees
For detailed information on Shipping Costs check out “Shipping Information”.
10. Special Orders
Miller Optik’s goal to satisfy all customer needs even if the item you are looking for is not featured in one of their catalogs or on their web site. In order to purchase such merchandise customers must place a written order (fax or email). Once this information is received by Miller Optik you will receive a written confirmation of your order. Please note that special orders are excluded from the Miller Optik return policy!
11. Refused Shipments
If the buyer refuses to accept a shipment for any reason, Miller Optik is entitled to charge a compensation fee of Euro 20 within Austria.
Miller Optik accepts payment by credit card, prepayment and pay on delivery.
13. Retention of Title
All goods remain the property of Miller Optics until paid for in full. Until the goods have been paid for in full the customer shall have no authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods.
14. Liability, Warranty, Defects
Complaints regarding any shortcomings and/or defects of the goods must be submitted in writing to Miller Optik as soon as possible. Standard warranty within the EU is 2 years. Miller Optik reserves the right to credit, repair, or replace “in-warranty” products at its option. Manufacturer’s warranties apply to good purchased through Miller Optik. If a product is found to be defective within the warranty period customers may either contact the manufacturer for warrantee service (the warranty booklet contains a list of addresses) or send it to Miller Optik. The original manufacturer's warranty takes precedence. The customer is responsible for all charges associated with shipping the returned goods to Miller Optik. Miller Optik reserves the right, before having any obligation under this limited warranty, to inspect the damaged product. This limited warranty does not cover any damage due to accident, misuse, abuse or negligence. Customers will be notified in written if no warranty applies. Customers can request a written estimate for a repair. The estimate is free only if the customer has the item repaired. All shipment fees are charged to the customer. Miller Optik shall under no circumstances be liable for manufacturer’s warranties. Miller Optik does not give compensation for manufacturer’s warranties. Miller Optik is not liable for damage caused by accidents, misuse, negligence and/or improper use of the goods. In no event shall Miller Optik be liable to customer any consequential damages. Any modifications or changes made to the goods or parts thereof void the warranty. Miller Optik is not responsible for any direct, indirect, incidental, or consequential damages, including but not limited to loss of income, loss of revenue, loss of profit or any other type of damage or loss. All physical product specifications (dimensions, weight, etc.), photographs, etc., especially those given in brochures, are indicative only and not binding unless otherwise agree, and shall not be treated as constituting a representation on the part of Miller Optik.
15. Reclamation, Insurance
All goods shipped through Miller Optik are insured for transport damage. Should any damage occur during transportation or if the buyer wishes to claim that the merchandise shipped does not conform to the terms of this agreement, Miller Optic is to be notified about the nature and extent of any such damage or non-conformity as soon as possible after receipt of merchandise. A written confirmation of the transport company must be sent to Miller Optik otherwise the warranty will be void.
16. Liability, Disclaimer
Miller Optik shall be liable to customer only for gross negligence or willful misconduct. The burden of proof for such negligence shall be on the customer unless it is a consumer business. Miller Optik shall under no circumstances be liable for any consequential loss, pecuniary loss, loss of property and/or third party damages. As operator of the website www.racing-eyewear.com Miller Optik shall not be liable for the third party products it sells. Miller Optik has taken every care in the preparation of the content of this website, in particular to ensure that product information is correct at time of publishing and all products have been fairly described. All product specifications are provided by manufacturers. Whilst every care is taken to ensure that the information is accurate, Miller Optik cannot warrant that the Website at any moment is up to date and free of mistakes. Accordingly, this website is provided "AS IS" without any warranties of any kind and Miller Optik does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability. To the extent permitted by applicable law, Miller Optik disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the products and/or services on this website. Miller Optik shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in the materials on this website. Miller Optik and its suppliers shall not be liable to Buyer for any special, indirect, incidental or consequential damages (including loss of profits and/or revenue) caused to Buyer out of or in connection with the use of products and/or services provided by Miller Optik.
All text, graphic and design on www.racing-eyewear.com is owned by Miller Optik and for customer information only. As it refers to liability, this Website and its content are provided as is without any warranties of any kind; either expressed or implied relating to the Website's operation or content included herein. As a result Miller Optik repudiates all warranties, express or implied and will not be liable for damages of any kind arising from the use or inability to use this Website. All material contained in this Site is protected under Austrian copyright law §4 and §§87a ff. No part of the Site and no Content may be copied, reproduced, republished, posted, publicly displayed, transmitted or distributed in any way for publication or distribution or for any commercial enterprise, without Miller Optik’s express prior written consent. Information on products and services on this Site may only be copied for personal use and for purchases with Miller Optik only.
If you suspect copyright infringement on this Site inform Miller Optik and the content will immediately be removed from this Site. This Site contains links to other independent third-party Web sites. These Linked Sites are provided solely as a convenience to customers of Miller Optik. Such Linked Sites are not under Miller Optik’s Control and Miller Optik is not responsible for the content of such Linked Sites, including any information or materials contained on such Linked Sites.
All Miller Optik employees are sworn to secrecy under the Data Protection Act. All communication is subject to secrecy. However, Miller Optik may provide routing and domain information. Miller Optik uses personal information for bookkeeping purposes and to deliver the service and/or good Customer has requested. Miller Optik stores personal information to the extent required by law and for payment transactions. Miller Optik does not share any personal information with third parties unless required to process Customer’s order. All Miller Optik contractors are informed on the data protection regulations and liable to Miller Optik. For further information please contact the Information Center for Data Protection Regulations. For general information, requests and complaints please send an email to email@example.com.
All images contained within the Miller Optik online brochure are for illustration purpose only, actual products may differ. Many of the products are available in different colors, the color of the illustration/image may not be the color you receive or available. Some images may contain more or different accessories which are not part of the product.
20. Duty to Supply Information
By providing the manufacturers’ product descriptions/manuals Miller Optik fulfills its legal obligation to supply customer with sufficient information.
In the event that any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect.
22. Jurisdiction, Law
Place of fulfillment and place of jurisdiction shall be the headquarters of Miller Optik. Consumers are protected under § 14 of the Consumer Protection Act. Austrian law applies expect when superseded by UN Convention on Contracts for the International Sale of Goods (CISG).
23. Dispute Resolution
Miller Optik acknowledges the Internet Ombudsman as extra-judicial arbitration board.
For detailed information on dispute settlement please contact firstname.lastname@example.org, call the Internet Ombudsmann at +43-1-5952112-95 or send a fax +43-1-5952112-00 or email mail: email@example.com or www.ombudsmann.at.
Last updated: 2012, September
The Terms and Conditions are also available in PDF format.