Refund policy
MBOSS.US Return and Refund Policy
Company Information
MBOSS.US e.K.
Wilhelminenstr. 20
64283 Darmstadt, Germany
Registration: HRA 87564 at Amtsgericht Darmstadt
VAT ID: DE368026463
Email: service@mboss.us
Website: www.mboss.us
I. INTRODUCTION & LEGAL FRAMEWORK
1. Handmade and Personalized Products — Definitions
Handmade Products
Definition: Handmade products are crafted by skilled artisans using manual techniques rather than mass production machinery.
Characteristics:
- Individuality: Each item is unique, reflecting the artisan's skill and creativity.
- Attention to Detail: Handmade goods often exhibit meticulous attention to detail.
- Craftsmanship: The process involves care, precision, and a personal touch.
Examples: Hand-knitted scarves, hand-thrown pottery, custom-made jewelry.
Personalized Products and Made-to-Order
Definition: Under German law, the term "personalized products" refers to goods that are customized or tailored to an individual's specific preferences, needs, or characteristics. These products are uniquely designed or modified based on the customer's input because they are all made-to-order. With made-to-order, products vary in size, design, and materials so that each product is different from the other.
Characteristics:
- Customization: Personalized items incorporate specific details chosen by the customer.
- Uniqueness: They stand out due to individualized features.
- On-Demand Production: Personalized goods are made to order, ensuring relevance to the customer.
Examples: Engraved nameplates, monogrammed towels, designed stationery, made-on-demand products.
Our Offerings
All MBOSS.US products (Marivel Suri brand) are:
- Handmade: Our artisans create each item with care, ensuring uniqueness.
- On-Demand: We produce goods specifically for you, reflecting your preferences.
Whether it's a handcrafted mug or a custom-printed tote bag, every item carries a personal touch.
Applicable German and EU Legal Framework
Summary of Your Rights
When you order a customized MBOSS.US product — tailored sizing, design, or your own requested design details — we create it especially for you. Because of this, personalized items are not eligible for the standard 14-day cancellation under EU/UK consumer law (§ 312g Sect. 2 No. 1 BGB; Directive 2011/83/EU Art. 16(c)). That said, your protection is never compromised: if a made-to-order product arrives with a material defect or doesn't match the agreed specifications in a meaningful way, you are fully covered by the same statutory remedies as with any other product.
You enjoy a two-year legal guarantee on all goods within the EU/EEA (§§ 437, 438, 477 BGB). In the UK, you also have a 30-day short-term right to reject goods that aren't up to standard (Consumer Rights Act 2015).
2. Product Characteristics and Craftsmanship (What Counts as a Defect)
Each MBOSS.US piece is crafted by skilled artisans, not machines — which means no two items are ever 100% identical. Small differences in size (usually within ±2–5 cm), texture, or color shading are part of what makes your piece unique and authentic. These details are considered a mark of craftsmanship, not a defect.
Our promise is luxury without compromise. Because our goods are handmade, expect slight natural variations — color shades, textures, or finishes may differ slightly from online photos or samples. These are part of the character of artisanal work and do not usually count as defects. If, however, a product arrives with an excessive deviation that affects function, safety, or agreed specifications, you can rely on your legal guarantee rights for a free and fair solution.
3. Retention of Title
4. Right to Terminate on Price Increase
II. YOUR RESPONSIBILITIES BEFORE ORDERING
5. Checks You Must Make Before Placing Your Order
IMPORTANT: Because everything at MBOSS.US is handmade and personalized to your specifications, please carefully check the following before submitting your order:
✓ Check Text & Spelling: If there is text in your design, check the spelling of everything before you submit. We do not personally check every word and cannot be held responsible for spelling errors featured in your design.
✓ Check Sizes: Every product page has sizing details (especially clothing, with full size charts). Check body measurements rather than relying on size ranges.
✓ Preview Your Design: Use the preview feature in our design interface. The preview is only a general idea; always refer to the design interface (ruler, bleed area, cutting/stitching lines) to correctly set up your design.
We cannot make changes or offer remedies for issues with spelling, sizing, or design placement that you approved when placing your order.
PART A: PERSONALIZED PRODUCTS
6. Right of Withdrawal — General Rule and Exception for Personalized Goods
Exception for Personalized/Made-to-Order Products:
- The right of withdrawal does NOT apply to goods made to the consumer's specifications or clearly personalized (§ 312g Sect. 2 No. 1 BGB)
- This exception also covers, by analogy of the same provision: perishable goods (§ 312g Sect. 2 No. 2 BGB), sealed goods unsuitable for return for health/hygiene reasons once unsealed (§ 312g Sect. 2 No. 3 BGB), and goods inseparably mixed with other items after delivery (§ 312g Sect. 2 No. 4 BGB) — none of which typically apply to our handmade goods, but are listed here for completeness
- As per law, goods cannot be returned because they were made according to your specifications or were personalized by you
Directive Reference: Article 16 of Directive 2011/83/EU on consumer rights.
7. Faulty or Defective Personalized Products
We want you to be happy with your order. Because everything here at MBOSS.US is handmade, there is some potential for human error. Usually, our quality control department will pick this up before your order is dispatched. However, if something does slip through, all you need to do is let us know.
Your Protection:
You are fully covered if a made-to-order product:
- Arrives with a material defect or manufacturing fault
- Doesn't match the agreed specifications in a meaningful way
- Has excessive deviation that affects function, safety, or agreed specifications
Legal Guarantee:
- You enjoy a two-year legal guarantee on all goods within the EU/EEA (§§ 437, 438, 477 BGB)
- In the UK, you also have a 30-day short-term right to reject goods that aren't up to standard (Consumer Rights Act 2015)
Directive Reference: Article 5 of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees.
To Report Faulty Goods (Within 14 Days of Receipt):
- Contact us FIRST using the contact form: service@mboss.us
- Quote your name and order number
- Provide a short summary with pictures
- Include a digital image of the fault and a clear description of the problem
CRITICAL: Do NOT send products back to MBOSS.US without contacting a member of our team first. We will only acknowledge returned goods if proper procedures are followed and if the item is sent using a tracked and signed delivery service with proof of delivery.
Demonstration of Liability:
8. What is NOT Covered
We cannot accept returns or offer remedies for:
- Non-faulty goods that have been personalized or customized specifically for you (§ 312g Sect. 2 Nr. 1 BGB)
- Spelling errors or text mistakes that you approved in your design
- Size issues when correct measurements were provided on the product page
- Design placement or positioning that you approved in the preview
- Normal handmade variations (±2–5 cm in size, slight color variations, texture differences)
- Damage caused after delivery due to improper use, mishandling, or accidents (§ 434 BGB)
- Products in used condition (unless the fault was present before first use)
- Death, personal injury, or damage arising from misuse of goods contrary to their intended purpose or instructions
Directive Reference: Article 16 of Directive 2011/83/EU on consumer rights.
9. Customer-Damaged Goods
Time of Withdrawal: If the goods are damaged after the 14-day withdrawal period, the right of withdrawal no longer applies (also for non-personalized goods). You may still be entitled to remedies under the legal guarantee if the damage is due to a defect present at the time of delivery (§ 437 BGB).
Return Declaration: If you wish to return damaged goods, notify us immediately and provide evidence of the damage (photos or detailed description). If the damage cannot be verified via email, the item may need to be returned for inspection (§ 439 Sect. 2 BGB).
After Delivery: If damage is determined to be due to improper use, mishandling, or accidents after delivery, we are not obligated to accept the return or provide a refund (§ 434 BGB). We recommend contacting our customer service team to discuss potential solutions; repair services such as Mended can advise whether damage can be repaired before disposal.
PART B: NON-PERSONALIZED PRODUCTS
10. Return & Refund Policy for Non-Personalized Products
14-Day Right of Withdrawal:
Effects of Withdrawal:
Return of Goods:
Condition of Returned Goods:
Manufacturing Faults on Non-Personalized Products:
- In the unlikely event of a manufacturing fault, it will be repaired or replaced free of charge
- Manufacturer faults cover scratches on the product, stitching issues, and hemming issues
- We bear the cost of return for faulty or misdescribed goods (§ 439 Sect. 2 BGB)
III. CANCELLATION POLICIES
11. Cancellation Before Production Starts (Within 30 Minutes)
We wait 30 minutes after you place your order before we start making it. Within these 30 minutes you may contact us to edit or cancel your order for a full refund: service@mboss.us
12. Cancellation After Production Starts (After 30 Minutes)
When you place an order with MBOSS.US, you're not just purchasing a product, but a service as well. As soon as production begins, we have already invested in ink, transfer materials, base materials/fabrics, and workforce time specifically for your order.
Cancellation Fees:
- After 30 minutes but before shipment: a mandatory 20% cancellation fee applies to cover administrative and materials costs already incurred
- For personalized/customized items where production has started: a 100% cancellation fee may apply to cover the full cost of materials and labor already invested
13. Cancellation After Shipment
- Once an order has been shipped, it cannot be canceled outright
- Non-personalized goods: you may exercise your right of withdrawal within 14 days as outlined in Section 10, bearing the cost of return shipping unless the goods are faulty (§ 357 Sect. 6 BGB); we may withhold reimbursement until goods are received back or proof of return is supplied (§ 357 Sect. 4 BGB)
- Personalized goods: standard withdrawal right does not apply (§ 312g Sect. 2 No. 1 BGB); if faulty, follow the procedure in Section 7
IV. EXCHANGE POLICY
14. Exchange Policy
For Non-Personalized Products:
- Contact our customer service team within 14 days of receiving your order
- Product must be in original condition, unused, and in original packaging
- You are responsible for return shipping costs; we cover shipping for the replacement item
For Personalized Products:
V. RETURN OF USED GOODS (NON-PERSONALIZED PRODUCTS ONLY)
15. Return of Used Goods
- Goods must be returned in their original condition (§ 357 Abs. 7 BGB)
- If the goods show signs of use beyond what is necessary to establish their nature, characteristics, and functioning, you may be liable for any diminished value (§ 357 Abs. 7 BGB)
- We will assess the condition of returned goods and may deduct an amount from your refund to cover diminished value where applicable (§ 357 Abs. 7 BGB)
VI. DIGITAL GOODS OR SERVICES
16. Return of Digital Goods or Services
- You have the right to withdraw from the purchase of digital goods or services within 14 days without giving any reason, provided the download or streaming has not started (§ 356 Abs. 5 BGB)
- The right of withdrawal does not apply if you have started downloading/streaming the digital content and agreed to lose your right of withdrawal by starting performance (§ 356 Abs. 5 BGB)
- If digital goods or services are faulty or not as described, you are entitled to request repair, replacement, or a refund (§ 327u BGB)
- Demonstration of Liability: You need to provide evidence that the digital goods or services are faulty or not as described (§ 327u BGB)
Directive Reference: Article 9 et seq., Article 16(m) of Directive 2011/83/EU on consumer rights; Articles 11 and 14 of Directive 2019/770/EU on certain aspects concerning contracts for the supply of digital content and digital services.
VII. RETURNS AFTER THE 14-DAY PERIOD
17. Returns and Remedies After the 14-Day Withdrawal Period
- Legal Guarantee: You are entitled to a two-year legal guarantee for new goods. If a product is defective, you can request repair, replacement, or a refund, covering defects present at the time of delivery (§§ 437, 438 BGB)
- Repair or Replacement: If a defect becomes apparent within the first six months, it is presumed to have existed at the time of delivery unless we can prove otherwise; you can request free repair or replacement (§ 477 BGB)
- Partial or Full Refund: If repair or replacement is not possible, you are entitled to a partial or full refund (§§ 437, 438 BGB)
Directive Reference: Articles 5, 11, and 13 of Directive 2019/771/EU on certain aspects concerning contracts for the sale of goods.
VIII. CUSTOMER SERVICE COMMITMENT
18. Our Promise to You
We want you to be happy with your order. Because of the personalized nature of our products, we look at each order on a case-by-case basis and will always do everything within our power to find a solution.
Response Time:
We respond to inquiries on average within 12 working hours. Contact us at: service@mboss.us
We value your feedback. If you are unhappy with any aspect of your order, please let us know — you can also press the 'thumbs down' button to provide feedback to help us improve.
IX. WHOLESALE AND BUSINESS ORDERS
19. B2B Orders
All orders made through wholesale accounts are regarded as Business to Business (B2B) contracts and are not covered by the Consumer Rights Act, as wholesale accounts are regarded as businesses.
Businesses cannot expect legal remedy for fair wear and tear, misuse or accidental damage, or change of mind.
X. MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the contract for non-personalized products)
To:
MBOSS.US e.K.
Wilhelminenstr. 20
64283 Darmstadt, Germany
Email: service@mboss.us
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
- Ordered on (*) / received on (*):
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if this form is notified on paper):
- Date:
(*) Delete as appropriate
XI. QUALITY COMMITMENT
Every MBOSS.US product passes through multiple layers of inspection before it leaves our hands. We stand behind the quality of our work and celebrate the individuality of each handcrafted piece.
Our Promise:
- Luxury without compromise
- Rigorous quality control through a dedicated quality control department
- Full statutory guarantee rights
- Free and fair solutions for any genuine defects
XII. FULL LEGAL REFERENCES
This policy complies with the following statutes and directives, cited throughout:
- German Civil Code (BGB): §§ 275, 276, 312g, 327u, 355, 356, 357, 434, 437, 438, 439, 477
- German Product Liability Act (Produkthaftungsgesetz, ProdHaftG)
- German Product Safety Act (Produktsicherheitsgesetz, ProdSG)
- Sales of Goods Act (Gesetz über den Verkauf von Waren mit digitalen Elementen)
- Digital Content and Services Act (Gesetz zur Umsetzung der Richtlinie über digitale Inhalte und digitale Dienstleistungen)
- EU Directive 2011/83/EU on consumer rights (Articles 9–14, 16, 16(c), 16(m))
- EU Directive 2019/770/EU on contracts for the supply of digital content and digital services (Articles 11, 14)
- EU Directive 2019/771/EU on certain aspects concerning contracts for the sale of goods (Articles 5, 11, 13)
- EU Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees (Article 5)
- Consumer Rights Act 2015 (UK)
XIII. SALVATORY CLAUSE
If any provision of this policy is held to be invalid, illegal, or unenforceable by a competent court, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that reflects the original intent of the parties to the extent possible.
XIV. CONTACT INFORMATION
For any questions regarding returns or refunds:
Email: service@mboss.us
Address: Wilhelminenstr. 20, 64283 Darmstadt, Germany
Phone: +49 [number from contact page]
For all inquiries:
- Use the contact form on our website
- Quote your name and order number
- Include photos for product quality issues
- We respond on average within 12 working hours
Important Reminder: Please do not send your products back to MBOSS.US without contacting a member of our team first. Contact us at service@mboss.us before returning any items.
