Terms and Conditions
General Terms and Conditions and Customer Information I. General Terms and Conditions
Section 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (MäxFashion - Proprietor: Axel Schmitz) via the website basics.maexfashion.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own is rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
Section 2 Formation of the Contract
(1) The subject matter of the contract is the sale of goods .
(2) By listing the respective product on our website, we make you a binding offer to enter into a contract through the online shopping-basket system under the conditions stated in the item description.
(3) The contract is concluded through the online shopping-basket system as follows:
The goods you intend to purchase are placed in the “shopping basket”. You can access the “shopping basket” using the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Continue to Order” button (or a similarly worded button) and entering your personal details and the payment and delivery terms, the order details are displayed to you in a final order summary.
If you use an instant-payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort or giropay), you will either be directed to the order-summary page in our online shop or redirected to the website of the instant-payment-system provider.
If you are redirected to the respective instant-payment system, make the appropriate selection or enter your details there. Finally, the order details will be displayed as an order summary on the instant-payment-system provider’s website or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and amend the information in the order summary once more (including by using your internet browser’s “Back” function) or cancel the order.
By submitting the order using the corresponding button (“order with obligation to pay”, “buy”/“buy now”, “place order with obligation to pay”, “pay”/“pay now” or similar wording), you declare your legally binding acceptance of the offer, thereby concluding the contract.
(4) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out by email and are partly automated. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically assured and, in particular, that it is not prevented by spam filters.
Section 3 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it relates to claims arising from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full.
Section 4 Warranty
(1) Statutory rights relating to defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is deemed agreed only if we informed you of it before you submitted your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
Section 5 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law
of the country in which the consumer has their habitual residence (favourability principle).
(2) The place of performance for all services arising from business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your residence or habitual place of residence is unknown when proceedings are instituted. The right to bring proceedings before another court with statutory jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
MäxFashion - Proprietor: Axel Schmitz
Hauptstr. 32
50259 Pulheim
Telephone: 022382205
Email: info@maexfashion.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board.
2. Information on the Formation of the Contract
The technical steps required to conclude the contract, the conclusion of the contract itself and the options for correcting errors are governed by the “Formation of the Contract” provisions in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German .
3.2. We do not store the complete contract text. Before submitting the order through the online shopping-basket system, the contract details can be printed using the browser’s print function or saved electronically. Once we have received the order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers and the delivery costs are total prices. They include all price components, including all applicable taxes.
5.2. Any applicable delivery costs are not included in the purchase price. They can be viewed via an appropriately labelled button on our website or in the respective offer, are shown separately during the ordering process and must be paid by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you are shown under an appropriately labelled button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, claims for payment arising from the concluded contract are due immediately.
6. Delivery Terms
6.1. The delivery terms, delivery date and any applicable delivery restrictions can be found under an appropriately labelled button on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not designated by the entrepreneur or another person appointed to carry out the shipment.
7. Statutory Liability for Defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by Händlerbund lawyers specialising in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and accepts liability in the event of cease-and-desist proceedings. Further information is available at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 31.07.2025
