These Terms and Conditions govern the sale of products to any person who accesses, uses, or obtains any service or makes any purchase (hereinafter “User”, “Customer”, “Consumer”, “You”, “Your”) through the website https://maxfishing.de (hereinafter “the Website”) operated by:
MAXFISHING LTD (hereinafter “the Company”, “We”, “Us”, “Our”)
Registered in the Republic of Cyprus
Company Registration Number: HE 434772
Registered Address: Neofytou Nikolaidi, 17 Sofoclio Pittokopitis Business, Flat/Office 406 Center, Paphos, 8011, Cyprus
Email: info@maxfishing.com
Full company and contact details are also available in our Legal Notice (Impressum).
By placing an order through this Website, you agree to be bound by these Terms and Conditions.
These Terms and Conditions apply to purchases made through the German regional version of our Website for delivery to consumers in Germany.
Nothing in these Terms affects your statutory rights under applicable consumer protection laws, including the mandatory consumer protection provisions applicable in your country of residence.
Although we endeavour to ensure that the information on the Website is complete and accurate, the Website may contain errors or inaccuracies. We reserve the right to correct such errors or inaccuracies and, at any time, to change or update the information on the Website relating to the prices, availability and description of the products offered. It is therefore agreed that the applicable terms and conditions are those in effect on the Website at the time the order is placed.
To place an order on our Website, you must:
We sell fishing equipment and related accessories, clothes, shoes, headwear and other items through our online store on the Website.
We make reasonable efforts to ensure that product descriptions, specifications and images are accurate. However, slight variations may occur due to manufacturing differences, lighting conditions, screen settings, or product updates. The products and prices we offer are valid for as long as they are visible on the Website, other than for special offers. Users are encouraged to check product availability on each product page.
Fishing rods, reels and other fishing equipment are technical products designed for outdoor use. Customers are responsible for ensuring proper handling and appropriate use of such equipment.
When you place an order through our Website, you submit an offer to purchase the selected goods. To place an Order, you must follow several steps:
After placing an order, you will receive an order confirmation email acknowledging receipt of your order. This confirmation does not constitute acceptance of your order. We are not obliged to accept any order placed through the Website.
A contract between you and us is concluded only when we send you a dispatch confirmation. Title to the goods passes upon full payment.
Where payment has been made at the time of placing the order, such payment shall be treated as an authorization to process the transaction. If we are unable to accept your order for any reason, we will notify you and refund any amounts paid using the original method of payment.
We reserve the right to cancel or refuse orders prior to dispatch, including in cases of:
If one of the products ordered is unavailable, we will inform the User that the unavailable item cannot be shipped. The rest of the order will be processed and shipped to the User, subject to your confirmation within the time stated in the email providing information about tracking the order.
By using the Website, you agree to furnish up-to-date, thorough, and precise billing and account details for all purchases you make. You also commit to promptly updating your account particulars, such as your email address and expiration date(s), to ensure we can process your transactions and reach out to you if necessary.
All prices displayed on the Website are in EUR and include VAT at the rate applicable in your country of delivery (e.g. Germany), and exclude shipping charges, which are charged separately.
Shipping costs will be displayed during checkout.
Accepted payment methods may include:
Payment must be completed before goods are dispatched.
The User is informed that the offers of products and services and the prices offered for purchase in Maxfishing's physical stores do not apply to purchases on the Website and vice versa. Prices may vary according to the commercial policy of each Maxfishing store.
We deliver to addresses within Germany, subject to any delivery restrictions indicated on the Website.
Applicable shipping costs and estimated delivery periods will be displayed before you place your order. Further information is available in our Shipping Policy.
Delivery times are estimates and may vary due to factors beyond our control.
Risk of loss or damage passes to the customer once the goods are delivered to the delivery address specified in the order.
Customers are responsible for ensuring that delivery information is accurate.
If you are a consumer, you have a statutory right to withdraw from a distance contract in accordance with applicable German law.
The withdrawal period is generally 14 days from the day on which you, or a third party designated by you other than the carrier, acquire physical possession of the goods.
Detailed information on the conditions, time limits, procedure and consequences of exercising the right of withdrawal is provided in our Withdrawal Instructions, which also include the Model Withdrawal Form.
Consumers in Germany may also exercise their statutory right of withdrawal electronically through the withdrawal function available on the Website.
The withdrawal function is permanently and directly accessible on the Website under “Withdraw from Contract” (“Vertrag widerrufen”).
Before submitting the electronic withdrawal declaration, the Consumer will be provided with a confirmation function labelled “Confirm Withdrawal” (“Widerruf bestätigen”) or other equally unambiguous wording.
After submission, we will provide the Consumer without undue delay with electronic confirmation of receipt on a durable medium. The confirmation will include the content of the withdrawal declaration and the date and time of its receipt.
Use of the electronic withdrawal function is optional and does not restrict the Consumer's right to exercise the statutory right of withdrawal by any other method permitted by law.
Once you notify us of your decision to withdraw from the contract:
The deadline is met if the goods are sent before the 14-day period expires.
Return address: 3, Vyzantiou, Agia Paraskevi, Lakatamia, 2322, Nicosia, Cyprus.
Our store is located at this address, where you can also return the goods.
Unless the goods are defective, damaged during delivery, or incorrect, customers are responsible for the cost of returning the goods.
If the product is:
we will cover the cost of return shipping.
The right of withdrawal is intended to allow consumers to inspect and evaluate the goods as they would be able to do in a physical retail store.
It is not intended for the use of goods for their normal purpose.
Customers are entitled to handle and inspect the goods only to the extent necessary to establish their nature, characteristics and functioning.
Customers are liable for any diminished value of the goods resulting from handling beyond what is necessary for such inspection.
Returned products should:
Where handling of the goods beyond what is necessary to establish their nature, characteristics and functioning results in diminished value, the Customer may be liable for that diminished value in accordance with applicable law.
Customers are encouraged to inspect fishing equipment indoors or in controlled conditions where possible.
Due to the nature of fishing equipment, additional conditions apply.
Fishing equipment should be inspected only to determine its nature, characteristics and functioning and should not involve exposure to water, sand, salt, or outdoor fishing conditions.
Handling beyond what is necessary for inspection may include, but is not limited to:
Installation of fishing line, exposure to water, or visible signs of outdoor use may be considered use beyond what is necessary for inspection.
Products showing signs of actual fishing use may be subject to a reduction in refund value reflecting the diminished value of the goods. Where handling or use of the product beyond what is necessary to establish its nature, characteristics and functioning results in diminished value, the Customer may be liable for such diminished value in accordance with applicable law. Depending on the extent of the diminished value, this may result in a partial or, where the product has lost its entire economic value as a result of such handling, potentially full reduction of the amount otherwise refundable for the product.
We will reimburse all payments received from you, including the cost of standard delivery, within 14 days from the date we are informed of your decision to withdraw from the contract. Where you have chosen a delivery method other than the least expensive standard delivery offered by us, we will not reimburse the additional costs.
In the case of partial returns, delivery costs may be refunded proportionally.
However, we may withhold reimbursement until we have:
whichever occurs first.
Refunds will be issued using the same method of payment used for the original transaction, unless otherwise agreed.
Consumers are entitled to the statutory rights in respect of defects and lack of conformity under applicable German law. The statutory limitation period for claims relating to defects in new goods is generally two years from delivery, subject to applicable statutory provisions.
This means that products must be as described, fit for purpose, and of satisfactory quality.
Remedies may include:
This legal guarantee applies independently of any commercial or manufacturer warranty that may be offered.
Any additional manufacturer warranty is provided by the manufacturer and may be subject to separate terms and conditions.
Rod & Reel Damage Clause
Fishing rods and reels and similar equipment are sensitive technical equipment and are subject to significant mechanical stress during use. Breakage or damage occurring during use does not, by itself, indicate a manufacturing defect. Excessive bending, high sticking, or impact damage are typical examples of improper use and are not covered by the legal guarantee. Damage caused by improper handling, misuse, impact, excessive load, excessive force, incorrect assembly or use contrary to manufacturer instructions shall not be considered a lack of conformity. Cosmetic damage or normal wear and tear resulting from use does not constitute a defect.
In cases where damage occurs after use, we may request inspection of the product to determine whether the issue results from a manufacturing defect or external damage, including assessment by the manufacturer or an authorized service provider, to determine the cause of the damage.
Warranty claims may require:
For all types of defects, please reach out to our customer support either through the Contact Us link in the website footer. We are here to assist you.
We reserve the right to investigate and contest chargebacks or payment disputes where goods have been delivered and accepted.
Evidence used in such cases may include:
Customers agree to contact us first to resolve any issues before initiating a payment dispute with their payment provider.
The right of withdrawal does not apply to:
Orders may be cancelled before dispatch. If you wish to cancel your order, please initiate the process promptly. You can either chat with us or submit a request through the Contact Us link as soon as you place your order. We will make every effort to accommodate your request, provided that the order is still under preparation and hasn't been handed over to the courier.
If an order has already been shipped, the withdrawal procedure described above will apply.
All content on this website including text, images, graphics, logos and product descriptions is the property of Maxfishing Ltd. or its licensors and is protected by intellectual property laws.
We shall be liable without limitation for damage caused intentionally or by gross negligence, for damage resulting from injury to life, body or health, and in all other cases where liability cannot be excluded or limited under applicable law.
In cases of slight negligence, we shall only be liable for the breach of material contractual obligations, i.e. obligations whose performance is essential for the proper performance of the contract and on whose performance the Customer may regularly rely. In such cases, our liability shall be limited to the foreseeable damage typical for this type of contract.
Liability for damage caused by slight negligence resulting from the breach of non-material contractual obligations is excluded.
The above limitations of liability also apply to the benefit of our legal representatives, employees and agents.
Any mandatory liability under applicable product liability legislation remains unaffected.
Nothing in this Section limits or excludes the statutory rights of Consumers in respect of defective or non-conforming goods.
Our processing of personal data is governed by our Privacy Policy, which complies with the General Data Protection Regulation (GDPR).
These Terms and Conditions are governed by the laws of the Republic of Cyprus.
Consumers residing in other EU Member States, including Germany, may also benefit from the mandatory consumer protection rules of their country of residence, which apply regardless of this choice of law (Article 6 of the Rome I Regulation).
If you have any questions regarding these Terms, please contact:
Email: info@maxfishing.com
Address: Neofytou Nikolaidi, 17 Sofoclio Pittokopitis Business, Flat/Office 406 Center, Paphos, 8011, Cyprus.
Full company details are available in our Legal Notice (Impressum).
Pursuant to § 36 of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz – VSBG):
“We are not willing and are not obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).”
