Terms of service.
Table of Contents
General Information / Scope
Conclusion of Contract
Prices and Payment
Shipping and Delivery
Right of Withdrawal
Returns and Diminished Value
Product Descriptions and Handmade Nature
Warranty / Statutory Liability for Defects
Retention of Title
Limitation of Liability
Intellectual Property / Copyright
Newsletter
Contact Form
Care Instructions
Dispute Resolution
Governing Law and Jurisdiction
Severability Clause
Changes to These Terms
General Information / Scope
These Terms and Conditions apply to all orders placed through maxbeining.com, operated by Max Beining, Germany.
These Terms apply exclusively to consumers within the meaning of § 13 of the German Civil Code (BGB), i.e., private individuals who order goods for purposes that are predominantly outside their trade, business, or profession. Orders from businesses are not accepted / are subject to separate agreement.
By placing an order in our Shop, you agree to these Terms and Conditions.
Conclusion of Contract
The presentation of products in our Shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
By clicking the "Checkout" / “Buy” button, you submit a binding offer to purchase the item(s) in your basket.
We will send you an automatic order confirmation by email. This confirmation does not yet constitute acceptance of your offer. The contract is only concluded when we explicitly confirm shipment of the goods or ship the goods to you (whichever occurs first).
We reserve the right not to accept an order, for example if the item is no longer available.
Prices and Payment
All prices shown are final prices per item, in [Currency, e.g. EUR].
In accordance with § 19 of the German VAT Act (Kleinunternehmerregelung), we do not charge or separately show Value Added Tax (VAT), as we qualify as a small business under German tax law.
Shipping costs are shown separately during checkout before you complete your order and are added to the total price.
Accepted payment methods are displayed at checkout. Payment is due immediately upon conclusion of the contract, unless otherwise agreed.
Shipping and Delivery
We ship to Germany, other EU countries, and internationally worldwide.
Processing time: As all items are individually packaged and I work alone on this business, please allow up to 10 business days for your order to be prepared and packaged before dispatch.
Shipping time (after dispatch):
Domestic (Germany): approx. 2–4 business days
EU: approx. 3–7 business days
International (non-EU): approx. 7–14 business days (may vary significantly depending on destination and customs processing)
International shipments (outside the EU):
Orders shipped outside the European Union are shipped DDU (Delivered Duty Unpaid). This means customs duties, import taxes, and handling fees charged by the destination country are not included in the price you pay us and are the responsibility of the recipient. These charges vary by country and are outside our control. We recommend checking with your local customs office before ordering.
If a parcel is returned to us due to unpaid customs charges or refusal of acceptance, the customer is responsible for the original shipping cost, return shipping cost, and any customs/handling fees incurred. These will be deducted from any refund due, in accordance with statutory rules on the right of withdrawal (see Section 5).
Risk of loss: For consumers, the risk of accidental loss or damage during shipping passes to you only upon delivery of the goods, in accordance with § 475 (2) BGB. This does not affect your rights under Section 4 above regarding parcels forwarded by third parties (see below).
Incorrect shipping information: Please check your shipping address carefully before completing your order. If a parcel is lost due to an incorrect address you provided and did not correct in time, we are unfortunately unable to offer a refund, though we will make reasonable efforts to assist in recovering the parcel.
Forwarding by third parties: If you arrange for your order to be shipped to a third party (e.g., a friend or relative) for the purpose of onward forwarding to you, we are not responsible for loss or damage occurring during this second leg of transit, as it is outside our organization and control.
Right of Withdrawal
As a consumer, you have a statutory right to withdraw from this contract within 14 days without giving any reason.
The full withdrawal policy, including the model withdrawal form, is provided separately: [Link to Withdrawal Policy / Cancellation Policy document]
This right applies to all products in our Shop. While every item is handmade and unique, and customers select from existing variations (e.g., size, colour) rather than commissioning a custom-made piece, this does not qualify as an exemption from the right of withdrawal under German law. Accordingly, we grant the full statutory right of withdrawal on all products, unless explicitly stated otherwise for a specific, individually commissioned item.
Returns and Diminished Value
After we receive the returned item, we will inspect it to determine whether it was used or handled beyond what is necessary to check its nature, characteristics, and function (comparable to how you would inspect an item in a physical shop).
If the item shows no such use, you will receive a full refund.
If the item shows signs of use or handling beyond this scope, we are entitled to deduct the corresponding diminished value from your refund. The amount deducted will reflect the actual reduction in value and will be communicated to you individually.
Product Descriptions and Handmade Nature
All products in our Shop are individually handmade. As a result:
Each item is unique; slight variations in colour, glaze, texture, shape, or size compared to the product photos are natural and expected, and do not constitute a defect.
Where a product is offered with multiple quantity/variant options, individual pieces within that listing may show subtle differences from one another.
Where a product is listed as a single, one-of-a-kind piece, the item shown in the photos is the exact item you will receive.
I aim to describe and photograph all products as accurately as possible. If you have questions about a specific item's dimensions, colour, or condition before ordering, please contact us at hi@maxbeining.com.
Warranty / Statutory Liability for Defects
Statutory warranty rights apply. As a consumer, you are entitled to the statutory warranty period of two years from delivery for any defects present at the time of delivery.
This warranty is separate from, and unaffected by, the right of withdrawal described in Section 5.
Retention of Title
The delivered goods remain our property until full payment has been received.
Limitation of Liability
We are liable without limitation for damages resulting from injury to life, body, or health caused by us, and for damages resulting from intentional or grossly negligent breach of duty by us.
For damages resulting from the breach of a material contractual obligation (a "cardinal obligation," i.e., an obligation whose fulfilment is essential to the proper performance of the contract and on which you may regularly rely), our liability is limited to the foreseeable damage typical for this type of contract, provided the breach was caused by simple negligence.
Any further liability for damages is excluded, unless mandatory statutory provisions (e.g., under the Product Liability Act) provide otherwise.
Intellectual Property / Copyright
All content on this website — including but not limited to photographs, images, product designs, text, graphics, and logos — is protected by copyright and remains our property or that of our licensors.
Reproduction, distribution, public display, or any other use of this content, in whole or in part, without our prior written consent is prohibited.
Photographs of products may not be used for commercial purposes, resale listings, or promotional material by third parties without explicit permission.
Newsletter
If you subscribe to our newsletter, you are added to our mailing list upon submission, without a separate confirmation email.
You can unsubscribe at any time either by replying to or clicking the unsubscribe link in any newsletter email, or by contacting us directly at [email].
For details on how we process your data in connection with the newsletter, please see our Privacy Policy.
Contact Form
If you use our contact form, the data you submit (e.g., name, email address, message) is processed solely for the purpose of responding to your inquiry.
For details on how this data is processed and stored, please see our Privacy Policy.
Care Instructions
My products are handmade and, may require more careful handling than mass-produced items. To extend the life of the products, I recommend hand-washing them.
This information is provided for your guidance and does not constitute a warranty regarding durability under conditions other than normal, careful use.
Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/
Our email address for complaints is: hi@maxbeining.com
We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
Governing Law and Jurisdiction
These Terms and Conditions and all contracts concluded through this Shop are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
This choice of law does not deprive you, as a consumer, of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence, where such provisions cannot be derogated from by agreement.
Severability Clause
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
Changes to These Terms
We may amend these Terms and Conditions from time to time, for example to reflect legal changes or changes to our business operations. The version published on this website at the time of your order applies to that order.