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Terms & Conditions

These Terms govern all contracts between Max Welhöner (hereinafter "the provider"; imprint above) and customers of this shop. The Terms are deliberately kept short and readable. For points not regulated here, or where a clause is invalid, the statutory rules apply.

§ 1 Scope

  1. These Terms apply to every contract concluded between a customer and the provider through this shop.
  2. Deviating terms of the customer are not recognised unless the provider agrees to them in writing.
  3. A consumer within the meaning of these Terms is any natural person acting predominantly for private purposes. An entrepreneur is anyone acting in the exercise of a commercial or self-employed activity.

§ 2 Conclusion of Contract

  1. Product listings in the shop are not yet a binding offer but an invitation to submit one.
  2. By clicking "Order with obligation to pay", the customer submits a binding offer.
  3. Acceptance is effected by sending an order confirmation email — at this point the purchase contract is concluded. A mere receipt confirmation is not yet an acceptance.

§ 3 Prices and Payment

  1. All prices are end prices including statutory VAT. Shipping costs are shown before the order is completed.
  2. Orders are payable on placement.
  3. Payments are processed via Stripe (cards, SEPA, iDEAL, PayPal, Klarna, Apple Pay, Google Pay).

§ 4 Shipping and Delivery Time

  1. Most products are produced individually after the order (on-demand production). Delivery time is stated per product and is typically 1–3 weeks. Hand-painted or special-order items may take longer.
  2. Shipping is carried out to the countries listed in the shop. Shipping costs are displayed before the order is finalised.
  3. The risk of accidental loss or deterioration passes to consumers only upon delivery of the goods (§ 475 (2) BGB).

§ 5 Right of Withdrawal

The consumer has the right to withdraw from a distance contract within 14 days without giving any reason. The period starts on the day the consumer (or a recipient designated by the consumer, other than the carrier) takes delivery of the goods.

Withdrawal is effected by an unambiguous statement to the provider. An email to mail@maxwel.xyz is sufficient; no reason is required. The period is met if the withdrawal is dispatched in time.

After withdrawal, the provider refunds the purchase price and standard outbound shipping within 14 days. The refund may be withheld until the goods have been returned or proof of dispatch has been provided. The direct costs of return are borne by the consumer. For any loss in value caused by handling beyond what is necessary to examine the nature, properties, and functioning of the goods, compensation may be claimed.

The right of withdrawal does not apply to:

  • goods made to individual specifications of the consumer (e.g. hand-painted canvas, personalised prints from own photo, individual custom text)
  • sealed audio recordings (CD, DVD, vinyl) once the seal is broken
  • digital content whose download has started with the consumer's explicit consent

Note: On-demand products from the standard catalog (an artist motif in a predefined size on a predefined product) are not considered individual production under German Federal Court of Justice (BGH) case law — the right of withdrawal applies in these cases.

How to withdraw — informal email

A short, informal email to mail@maxwel.xyz is sufficient. Example:

Subject: Withdrawal order 12345

Good day,

I hereby withdraw my order of 12 March 2026, received on 20 March 2026.

Order number: 12345 Name: Jane Doe Address: 1 Main Street, 12345 Anytown

Best regards Jane Doe

The statutory model withdrawal form pursuant to Annex 2 of Art. 246a EGBGB is attached to the order confirmation and can additionally be requested by email at any time.

§ 6 Warranty

Towards consumers, statutory warranty rights apply (24 months from delivery for new goods). For justified defect notices, the provider bears the costs of remedy including outbound and return shipping (§ 439 (2) BGB).

§ 7 Retention of Title

The goods remain the provider's property until fully paid.

§ 8 Liability

  1. The provider is fully liable for intent and gross negligence and for injury to life, body, or health.
  2. For slight negligence, the provider is only liable for breach of material contractual obligations (obligations on which the customer was reasonably entitled to rely) and only for typical, foreseeable damage.
  3. Towards entrepreneurs, liability for indirect damage, consequential damage, lost profits, and data loss is excluded in case of slight negligence. Towards consumers, statutory liability applies.

§ 9 Complaints

  1. Obvious defects should be reported promptly after receipt so they can be resolved quickly. Towards consumers, the statutory warranty period of 24 months applies without restriction; such notification is a request, not a precondition.
  2. For justified complaints, repair or replacement is provided; the resulting outbound and return shipping costs are borne by the provider.

§ 10 Final Provisions

  1. German law applies. For consumers residing in the EU, the protection of mandatory provisions of their home country remains unaffected.
  2. The place of jurisdiction for disputes with merchants, legal entities under public law, and special funds under public law is Berlin. Towards consumers, the statutory places of jurisdiction apply.
  3. If individual provisions of these Terms are or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid one that comes closest to its economic purpose.

As of: April 2026