Terms and Conditions

General Terms and Conditions (GTC) of Maligo OG for the Online Shop "Maligo Private Label Aftercare"

§ 1 Scope and Definitions

(1) These General Terms and Conditions (GTC) apply to all business relationships between Maligo OG (hereinafter referred to as "Provider" or "we") and its customers (hereinafter referred to as "Customer") in the version valid at the time of the order. (2) The offer is directed at consumers and entrepreneurs within the European Union and Switzerland.

  • Consumer: Any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (§ 1 KSchG - Austrian Consumer Protection Act).

  • Entrepreneur: A natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 1 KSchG). (3) Deviating terms and conditions of the Customer shall not be recognized unless we expressly agree to their validity in writing.

§ 2 Contractual Partner and Contact

The purchase agreement is concluded with: Maligo OG Georg Wehinger, Maroua Meherzi Zelda-Kaplan-Weg 14/3 1100 Vienna, Austria Email: care@maligotattoo.com Web: www.maligotattoo.com Place of Jurisdiction: Vienna

§ 3 Conclusion of Contract

(1) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. (2) By clicking the button "Order with obligation to pay", the Customer places a binding order for the goods contained in the shopping cart. (3) Confirmation of receipt of the order follows immediately after sending the order via an automated email. The purchase agreement is concluded upon our order confirmation or upon delivery of the goods. (4) The contract text is stored and sent to the Customer via email. Past orders can be viewed in the customer area (provided an account has been created).

§ 4 Prices, Shipping Costs, and Duties

(1) For consumers, the prices stated include the statutory value-added tax (gross prices). For entrepreneurs, prices may be shown as net prices (after login/verification). (2) Shipping costs are shown separately in the ordering process before the order is completed. (3) Information for customers from Switzerland and non-EU countries: For deliveries to Switzerland and other countries outside the EU, additional customs duties, taxes, and fees may apply. These are not included in the purchase price or shipping costs and must be borne by the Customer under their own responsibility upon import.

§ 5 Terms of Payment

(1) The following payment methods are available to the Customer:

  • Credit card (Visa, Mastercard, Amex, etc. via Shopify Payments)

  • PayPal

  • Shopify Payments (including Google Pay, Apple Pay, Klarna Sofort, depending on availability at checkout) (2) Payment is due immediately upon conclusion of the contract. The production of individualized goods ("Private Label") begins only after full payment has been received.

§ 6 Delivery and Transfer of Risk

(1) Unless otherwise stated for the product, the delivery time is up to 14 business days after receipt of payment, as the products are manufactured using a print-on-demand process. (2) For Consumers: The risk of accidental loss and accidental deterioration of the goods passes to the consumer only upon handover of the goods to the consumer. (3) For Entrepreneurs (B2B): The risk passes to the entrepreneur as soon as we have delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment.

§ 7 Retention of Title

The goods remain our property until the purchase price has been paid in full.

§ 8 Warranty and Duty to Inspect (Important for Entrepreneurs)

(1) Statutory warranty provisions apply unless otherwise regulated below. (2) For Consumers: Minor deviations in color, logo positioning, and material consistency are technically unavoidable in print-on-demand processes and do not constitute a defect. (3) For Entrepreneurs (B2B - § 377 UGB): The entrepreneur must inspect the goods immediately upon receipt, but no later than within 3 business days, for defects, quality, and completeness. Obvious defects must be reported to us in writing within this period. If the entrepreneur fails to carry out the inspection or report the defect, the delivered goods shall be deemed approved, unless it is a defect that was not recognizable during the inspection.

§ 9 Right of Withdrawal

1. Exclusion of the Right of Withdrawal for Private Label Products According to § 18 Para. 1 No. 3 FAGG (Austrian Distance and Off-Premises Transactions Act), there is no right of withdrawal for goods manufactured according to customer specifications or clearly tailored to personal needs. This applies to all products provided with an individual logo ("Your Logo") or design of the Customer. Cancellation or return is excluded after the start of production.

2. Right of Withdrawal for Standard Goods (Consumers Only) If a consumer orders non-individualized standard goods, they have a statutory right of withdrawal of 14 days. Detailed instructions on the right of withdrawal and the model withdrawal form can be found in the appendix to these GTC or on our website under "Right of Withdrawal".

§ 10 Liability and Copyright (Private Label)

(1) Customer Content: The Customer warrants that they possess the necessary rights of use (copyrights and trademark rights) for all designs and logos transmitted to Maligo OG. (2) Indemnification: Should third parties assert claims against Maligo OG due to the infringement of rights by the motifs uploaded by the Customer, the Customer shall indemnify Maligo OG against all claims and the costs of legal defense. (3) Product Liability: As the "Responsible Person" within the meaning of the EU Cosmetics Regulation, Maligo OG is responsible for the safety and conformity of the ingredients. This does not apply to changes to the product made subsequently by the Customer themselves. (4) We are liable without limitation for intent and gross negligence as well as for injury to life, body, and health. In the case of slight negligence, we are only liable for the breach of essential contractual obligations, limited to the contractually typical, foreseeable damage.

§ 11 Final Provisions

(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). (2) If the Customer is an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is Vienna. (3) Should any provision of these GTC be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

Status: December 2025