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 "Provider" or "we") and its customers (hereinafter "Customer") in the version valid at the time of the order. (2) The offer is directed at consumers and businesses within the European Union and Switzerland. A consumer is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity (§ 1 KSchG). A business (Unternehmer) is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity (§ 1 KSchG). (3) Deviating terms and conditions of the customer are not recognized unless we expressly agree to their validity in writing.

§ 2 Contracting Party and Contact The purchase contract 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 a non-binding online catalog. (2) By clicking the "Order with obligation to pay" button, the customer submits a binding order for the goods contained in the shopping cart. (3) Confirmation of receipt of the order follows immediately after the order is submitted via an automated email. The purchase contract is concluded upon our order confirmation or upon delivery of the goods. (4) The contract text is stored and sent to the customer by email. Past orders can be viewed in the customer account area (if an account has been created).

§ 4 Prices, Shipping Costs and Customs Duties (1) For consumers, the stated prices include statutory VAT (gross prices). For businesses (after login/verification), prices may be displayed as net prices. (2) Shipping costs are shown separately during the ordering process before the order is completed. (3) Note for customers in 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 are the customer's own responsibility to bear upon import.

§ 5 Payment Terms (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. Production of individualized goods ("private label") only begins once payment has been received in full.

§ 6 Delivery and Transfer of Risk (1) Unless stated otherwise 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 only transfers to the consumer upon handover of the goods. (3) For businesses (B2B): The risk transfers to the business as soon as we have handed over the item to the carrier, freight forwarder, or other person or entity 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 Businesses) (1) The statutory warranty provisions apply unless otherwise specified below. (2) For consumers: Minor deviations in color, logo positioning, and material composition cannot be fully avoided for technical reasons in print-on-demand processes and do not constitute a defect. (3) For businesses (B2B – § 377 UGB): The business must inspect the goods for defects, condition, and completeness immediately upon receipt, but no later than within 3 business days. Obvious defects must be reported to us in writing within this period. If the business fails to inspect or report defects, the delivered goods are deemed accepted, unless the defect was one that could not have been discovered during inspection.

§ 9 Right of Withdrawal

  1. Exclusion of the Right of Withdrawal for Private Label Products Pursuant to § 18 para. 1 no. 3 FAGG, there is no right of withdrawal for goods that are manufactured to customer specification or are clearly tailored to personal needs. This applies to all products bearing an individual logo ("Your Logo") or design provided by the customer. Cancellation or return is excluded once production has started.
  2. Right of Withdrawal for Standard Goods (consumers only) If a consumer orders non-personalized standard goods, they have a statutory right of withdrawal of 14 days. Detailed withdrawal instructions and the model withdrawal form can be found in the appendix to these GTC or on our website under "Withdrawal Instructions."

§ 10 Liability and Copyright (Private Label) (1) Customer Content: The customer confirms that they hold all necessary usage rights (copyright and trademark rights) for all designs and logos submitted to Maligo OG. (2) Indemnification: Should third parties assert claims against Maligo OG for infringement of rights arising from designs 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 compliance of the ingredients. This does not apply to subsequent alterations made to the product by the customer. (4) We are liable without limitation for intent and gross negligence, as well as for injury to life, body, and health. In cases of slight negligence, we are only liable for breach of material contractual obligations, limited to the foreseeable damage typical for this type of contract.

§ 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 a business, 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 invalid provision shall be replaced by the relevant statutory provisions.

Last updated: December 2025