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

§ 1 Scope of Application 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) This 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 (Section 1 of the Austrian Consumer Protection Act, KSchG). A business (entrepreneur) is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity (Section 1 KSchG).

(3) Any deviating terms and conditions of the Customer will not be recognized, unless we expressly agree to their applicability 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 Website: 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 "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 value-added tax (gross prices). For businesses, prices may be displayed as net prices (after login/verification).

(2) Shipping costs are shown separately during the ordering process before the order is completed.

(3) Notice 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 must be borne by the Customer upon import at their own responsibility.

§ 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 customized goods ("Private Label") only begins after full receipt of payment.

§ 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 or accidental deterioration of the goods only passes to the consumer upon handover of the goods to the consumer.

(3) For businesses (B2B): The risk passes to the business as soon as we have handed over the goods to the forwarding agent, carrier, or other person or institution 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 Notify Defects (Important for Businesses)

(1) The statutory warranty provisions apply, unless otherwise specified below.

(2) For consumers: Minor deviations in color, logo positioning, and material properties cannot be completely avoided for technical reasons in print-on-demand processes and do not constitute a defect.

(3) For businesses (B2B – Section 377 of the Austrian Commercial Code, 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 carry out the inspection or notification, the delivered goods are deemed approved, unless the defect was one that could not have been detected during inspection.

§ 9 Right of Withdrawal

1. Exclusion of the right of withdrawal for private label products: Pursuant to Section 18(1)(3) of the Austrian Distance and Off-Premises Contracts Act (FAGG), there is no right of withdrawal for goods that are manufactured according to customer specifications or are clearly tailored to personal needs. This applies to all products that have been fitted with a Customer's individual logo ("Your Logo") or design. Cancellation or return is excluded once production has started.
2. Right of withdrawal for standard goods (consumers only): If a consumer orders non-customized standard goods, they are entitled to a statutory right of withdrawal of 14 days. The detailed right of withdrawal notice and the sample 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 hold the 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 any subsequent modifications 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, or health. In cases of slight negligence, we are only liable for breach of material contractual obligations, limited to the typical, foreseeable damage for such contracts.

§ 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 relevant statutory provisions shall apply in place of the invalid provision.

Last updated: December 2025