General Terms and Conditions

XENIOS GmbH
German Online Store for Consumers and Business Customers
Last updated: 18 October 2026

Part I — General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions apply to contracts for the sale of goods between XENIOS GmbH, An der Strusbek 8d, 22926 Ahrensburg, Germany, hereinafter referred to as the “Seller”, and customers through the online store at www.xenios-ceramics.com.

(2) A consumer is any natural person entering into a legal transaction for purposes predominantly outside their trade, business or self-employed professional activity. A business customer is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their trade, business or self-employed professional activity when entering into the transaction.

(3) The additional provisions in § 13 apply to business customers. A business customer’s differing terms and conditions become part of the contract only if the Seller has expressly agreed to their application. Individual agreements take precedence over these General Terms and Conditions.

§ 2 Products and Handcrafted Characteristics

(1) XENIOS sells handcrafted stoneware ceramics. The agreed characteristics are determined by the relevant product description and any individually agreed characteristics.

(2) Handcrafted production may result in variations in colour, glaze, surface texture, shape and dimensions. The nature and extent of typical handcrafted characteristics and any dimensional tolerances are explained in the relevant product description. Agreed characteristics, the required fitness for use and statutory rights relating to defects remain unaffected.

(3) Depending on their labelling, images depict either the individual item offered or examples and styled settings. Colour reproduction may be affected by screen and lighting settings. This does not limit the description of agreed characteristics or statutory rights relating to defects. Decorative items are included only if expressly listed.

(4) XENIOS does not offer custom-made or personalised products manufactured to individual customer specifications. Consumers retain their statutory rights of withdrawal even where standard products are manufactured after an order is placed.

§ 3 Orders and Formation of the Contract

(1) The presentation of products in the online store constitutes an invitation to place an order and is not a binding contractual offer.

(2) By clicking the button to place an order with an obligation to pay, the buyer submits a binding offer to enter into a purchase contract. Before submitting the order, the buyer may review and correct their details or cancel the ordering process.

(3) An automated email that merely acknowledges receipt of an order does not constitute acceptance of the offer. If an email expressly declares acceptance, the contract is concluded when that email is received.

(4) The Seller may accept the offer within five calendar days after receiving the order by sending an express order acceptance by email or by dispatching the goods. Where acceptance is by dispatch, the contract is concluded when the goods are dispatched within this period. If the acceptance period expires without acceptance, the buyer is no longer bound by their offer.

(5) The Seller may reject an order before accepting the offer. Payments already received will be refunded without undue delay if the order is rejected or the acceptance period expires. Once the contract has been concluded, rights to rescind or otherwise terminate it exist only under statutory provisions or valid agreements.

(6) Communication generally takes place by email. Buyers are asked to provide a correct email address and ensure that they can receive order-related messages. Statutory rules governing receipt of declarations remain unaffected.

§ 4 Rights of Retention and Retention of Title

(1) The buyer may exercise a right of retention insofar as their counterclaim arises from the same contractual relationship. The right to withhold performance under § 320 of the German Civil Code (BGB) remains unaffected.

(2) The goods remain the Seller’s property until the purchase price has been paid in full.

§ 5 Prices and Payment

(1) Prices displayed in the online store are final prices in euros, including statutory VAT where applicable. Separately stated shipping costs are additional.

(2) For shipping within Germany, including packaging, we charge a flat fee of EUR 9.90 for orders with a goods value of up to EUR 499.99. Orders with a goods value of EUR 500.00 or more are sent by insured premium shipping with transport insurance covering up to EUR 2,500.00, at a flat shipping fee of EUR 19.90. The total amount payable, including shipping costs, is displayed before the order is submitted.

(3) The payment methods offered are credit card (Visa and Mastercard), PayPal and advance payment by bank transfer. The payment methods available during checkout for the particular order are decisive.

(4) Credit card and PayPal payments are processed in accordance with the procedure explained during checkout and the terms of the relevant payment service provider. Whether a message also constitutes acceptance of the offer depends on its content and the procedure explained during checkout. § 3 remains decisive.

(5) For advance payment by bank transfer, the invoice amount must be paid within seven calendar days after the contract has been concluded and the payment information received, unless a different payment deadline has been agreed. Goods are dispatched after the full invoice amount has been received.

(6) Statutory provisions apply to late payment. Rescission for non-payment is permitted only under the statutory conditions, including, where required, the unsuccessful expiry of a reasonable additional payment period.

§ 6 Delivery and Returns

(1) Deliveries are made exclusively to addresses within Germany.

(2) Unless the product description specifies a different delivery time, the total delivery time for goods in stock is three to ten business days after receipt of payment or successful payment confirmation, but will not begin before the contract has been concluded. For this purpose, business days are Monday to Friday, excluding public holidays applicable at the Seller’s registered office. For standard products manufactured after an order is placed, the total production and delivery time is stated in the relevant offer before the order is submitted.

(3) Partial deliveries are permitted if reasonable for the buyer and if they do not result in additional shipping costs.

(4) For consumers, the risk of accidental loss or accidental deterioration passes only when the goods are handed over to the consumer or a third party designated by the consumer other than the carrier. Special statutory rules concerning the independent appointment of a carrier not named by the Seller remain unaffected. § 13(4) applies to business customers.

(5) When exercising the statutory right of withdrawal, consumers bear the direct cost of returning the goods. Details are set out in the separate withdrawal policy. Statutory rights relating to defective goods, including the applicable rules on costs, remain unaffected.

(6) Returns should be packed carefully and appropriately, using suitable existing protective packaging where possible. Original packaging is not a condition for exercising the right of withdrawal or statutory rights relating to defects. Prior return authorisation or use of a particular return label is not required.

(7) In the case of statutory withdrawal, the Seller bears the risk of return shipping. Statutory claims arising from a culpable breach of duty during return shipping remain unaffected; transport risk is not transferred to the consumer on a blanket basis.

(8) If the buyer is in default of acceptance, the Seller may claim reimbursement of additional expenses recoverable by law, particularly expenses arising from an unsuccessful delivery attempt and necessary storage. If delivery fails because the buyer has culpably provided an incorrect or incomplete delivery address, the necessary additional costs caused may be claimed subject to the statutory conditions. Costs for which the Seller or its shipping provider is responsible will not be charged to the buyer. Exercising a statutory right of withdrawal is not treated as default of acceptance; the statutory withdrawal rules apply to the associated costs. No flat-rate penalties or handling fees are charged.

§ 7 Statutory Rights Relating to Defects

(1) Statutory rights relating to defects apply. Statutory limitation periods apply to consumers. § 13 additionally applies to business customers.

(2) Normal wear consistent with the duration and intensity of use, and ordinary signs of use, do not in themselves constitute a defect. The same applies to damage caused after handover by falls, impacts or improper use.

Whether a change constitutes normal wear or a defect depends particularly on the agreed characteristics, the durability ordinarily expected of comparable products and the circumstances of the individual case. Any promised dishwasher suitability, statutory rights relating to defects and statutory rules on the burden of proof remain unaffected.

(3) Consumers are asked to check goods upon receipt for completeness, visible defects and transport damage, and to report any issues as soon as reasonably possible. Failure to inspect or delayed notification does not restrict their statutory rights.

(4) Where a particular characteristic in a consumer sale deviates from the objective requirements, that deviation is considered agreed only if the consumer was specifically informed before submitting their contractual declaration and expressly and separately agreed to the deviation in the contract. General acceptance of these General Terms and Conditions does not replace this requirement.

(5) Complaints may be sent in particular to info@xenios-ceramics.com. The order number, a description of the issue and, where possible, photographs help us assess the complaint. Consumer claims are not conditional on notification exclusively by email or on providing photographs or a hangtag.

(6) To assess and provide a statutory remedy, the goods complained of must be made available to the Seller in accordance with § 439(5) BGB. The Seller bears the necessary costs of providing a legally required remedy. If replacement goods are supplied, the Seller may request return of the replaced goods and will take them back at its own expense. Consumers’ statutory rights to advance payment of costs remain unaffected.

§ 7a Identification and Traceability

(1) Products are supplied with a hangtag bearing a batch number. The batch number helps link products to production records and supports the traceability of the ceramics.

(2) We recommend retaining or photographing the batch number for the duration of use. Providing it helps us process complaints and product-related enquiries.

(3) Consumers are not required to retain the hangtag. Its absence does not restrict their statutory rights.

§ 8 Liability

(1) The Seller has unlimited liability for damage arising from intentional or grossly negligent breaches of duty and for damage resulting from injury to life, body or health caused by an intentional or negligent breach of duty. This also applies to corresponding breaches by its legal representatives and persons acting on its behalf in performing its obligations.

(2) In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical of the contract at the time the contract was concluded. Essential contractual obligations are obligations whose fulfilment makes proper performance of the contract possible and on whose observance the buyer may ordinarily rely. In other cases, liability for damage caused by slight negligence is excluded.

(3) Liability under the German Product Liability Act, for fraudulent concealment of a defect, under an assumed guarantee within its scope, and any other mandatory statutory liability remain unaffected. Paragraph (2) does not apply to the cases described in paragraph (1) or this paragraph.

(4) These limitations apply correspondingly for the benefit of the Seller’s legal representatives and persons acting on its behalf in performing its obligations. Statutory rights to a remedy, rescission and price reduction are not restricted by these provisions on damages.

§ 9 Right of Withdrawal and Compensation for Diminished Value

(1) Consumers have a right of withdrawal where the statutory conditions are met. Conditions, periods, procedures, returns and reimbursement are set out in the separate withdrawal policy, including the model withdrawal form.

(2) Compensation for diminished value may be claimed only under the statutory conditions, particularly where the diminished value results from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods and the consumer has been properly informed of their right of withdrawal. No flat-rate handling or restocking fees are charged for statutory withdrawal.

§ 10 Data Protection

Information about the processing of personal data is provided in the Seller’s separate privacy policy.

§ 11 Rights in Website Content

Texts, images, logos and other website content may be protected by copyright or other intellectual property rights. Any use requiring the rights holder’s consent by law requires that consent. Uses permitted by law remain unaffected. Purchasing goods does not transfer any rights to use website content.

§ 12 Governing Law and Jurisdiction

(1) German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of their habitual residence to which they are entitled under Article 6 of Regulation (EC) No 593/2008 (Rome I).

(3) If the buyer is a merchant within the meaning of German commercial law, a legal entity under public law or a special fund under public law, Ahrensburg is the exclusive place of jurisdiction for disputes arising from the contract. The Seller may also bring proceedings at the buyer’s general place of jurisdiction. Mandatory exclusive statutory jurisdictions remain unaffected. Statutory rules on jurisdiction apply to consumers.

§ 13 Additional Provisions for Business Customers

(1) For business customers, the limitation period for claims relating to defects is one year from delivery of the goods. This does not apply to the liability cases specified in § 8(1) and (3), claims relating to fraudulently concealed defects or insofar as an assumed guarantee grants different rights. Mandatory rights and limitation rules concerning recourse against suppliers, particularly under §§ 445a, 445b and 478 BGB, and the special statutory periods under § 438(1), nos. 1 and 2 BGB, also remain unaffected. In these cases, statutory provisions or the guarantee terms apply.

(2) Business customers are not granted a contractual right of withdrawal or a general right of return. Statutory rights relating to defects, rescission and other mandatory rights remain unaffected.

(3) If the purchase is a commercial transaction for both parties, the inspection and notification duties under § 377 of the German Commercial Code (HGB) apply. The buyer must inspect the goods without undue delay after delivery insofar as practicable in the ordinary course of business and report any defects found without undue delay. Defects not initially apparent must be reported without undue delay after discovery. Timely dispatch of the notification is sufficient to preserve rights. Notification may be made by email. Statutory exceptions, particularly in cases of fraudulent concealment, remain unaffected.

(4) For shipments to business customers, the risk of accidental loss or accidental deterioration passes when the goods are handed over to the freight forwarder, carrier or another person designated to carry out the shipment, unless otherwise agreed.

(5) In the event of a defect, the Seller chooses between repair and replacement for business customers. The buyer’s statutory rights to a price reduction, rescission and damages, particularly if the remedy fails, remain available subject to the statutory conditions and § 8. Mandatory rights of recourse against suppliers remain unaffected. Consumers retain their statutory right to choose the remedy.

(6) Where delivery before full payment has been separately agreed with a business customer, the following additional retention of title applies: the goods remain the Seller’s property until all claims arising from the ongoing business relationship between the Seller and buyer have been settled in full. Claims of other companies are not included.

(7) The business customer may resell goods subject to retention of title in the ordinary course of business. The buyer hereby assigns to the Seller its claims arising from resale, including VAT, up to the invoice amount of the respective goods subject to retention of title; the Seller accepts this assignment. The buyer remains authorised to collect these claims. The Seller will not collect the claims itself as long as the buyer meets its payment obligations and there are no objectively justified indications that the payment claim is at risk. Where the statutory conditions are met, particularly in the event of late payment or a risk to the payment claim due to insufficient ability to pay, the Seller may revoke the collection authorisation and request the information and documents necessary for collection. Mandatory insolvency law provisions remain unaffected.

(8) The business customer must not pledge goods subject to retention of title or transfer them as security. The buyer must inform the Seller without undue delay of attachments or other third-party interference. The Seller will request surrender of goods on the basis of retention of title only where the statutory conditions are met, particularly following rescission of the contract.

(9) If the realisable value of the security exceeds the secured claims by more than ten per cent, the Seller will, at the business customer’s request, release security of its choice to the extent of the excess value.

§ 14 Invalidity of Individual Provisions

If individual provisions are invalid or do not become part of the contract, the statutory consequences under § 306 BGB apply.

Part II — Customer Information

1. Identity and Contact Details of the Seller

XENIOS GmbH
An der Strusbek 8d
22926 Ahrensburg
Germany

Email: info@xenios-ceramics.com
Telephone: +49 15562776625

Commercial register: HRB 20593 HL, Local Court of Lübeck
Managing directors: Ulrike Gesine Sieg and Florian Kristopher Sieg

2. Ordering and Correction Options

The steps for concluding the contract and the available correction options are explained in § 3. Customers may review and correct their entries during checkout before placing an order with an obligation to pay.

3. Contract Language and Contract Text

The contract language is German. The Seller stores the contract text. Order details, together with the General Terms and Conditions and withdrawal policy, including the model withdrawal form applicable when the contract is concluded, are provided on a durable medium, particularly by email as text or an attachment. A mere link to webpages that can be changed does not replace this provision.

4. Main Characteristics of the Goods

Material, dimensions, colour, items included, care and use instructions and typical handcrafted characteristics are specified in the relevant product description. Identification by batch number supports traceability; its absence on the customer’s side does not restrict statutory consumer rights.

5. Prices and Payment Terms

Prices are stated in euros, including statutory VAT where applicable. Shipping within Germany, including packaging, costs EUR 9.90 for orders with a goods value of up to EUR 499.99 and EUR 19.90 for insured premium shipping for orders with a goods value of EUR 500.00 or more. The total amount is displayed before the order is submitted. Payment methods and payment deadlines are set out in § 5 and during the relevant checkout process.

6. Delivery

Delivery is exclusively within Germany. Unless otherwise stated in the offer, delivery of goods in stock takes three to ten business days after receipt of payment or successful payment confirmation, but will not begin before the contract has been concluded. For standard products manufactured after an order is placed, the total production and delivery time is stated in the offer. Further details are set out in § 6.

7. Rights Relating to Defects and Withdrawal

Statutory rights relating to defects apply in accordance with § 7. Consumers have a right of withdrawal where the statutory conditions are met. Details are provided in the separate withdrawal policy and model withdrawal form. Consumers bear the direct return shipping costs when exercising the right of withdrawal; the rules on costs for justified claims relating to defects remain unaffected.

8. Alternative Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.