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 aimed at consumers and entrepreneurs within the European Union as well as Switzerland. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities (§ 1 KSchG). An entrepreneur is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction (§ 1 KSchG). (3) Contrary GTC of the customer are not recognized unless we expressly agree to their validity in writing.
§ 2 Contract Partner and Contact
The purchase contract is concluded with: maligo® OG Georg Wehinger, Maroua Meherzi Zelda-Kaplan-Weg 14/3 1100 Vienna, Austria E-mail: care@maligotattoo.com Web: www.maligotattoo.com Jurisdiction: Vienna
§ 3 Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer but an invitation to order. (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 by an automated e-mail. The purchase contract is concluded with our order confirmation or by delivery of the goods. (4) The contract text is saved and sent to the customer by e-mail. Past orders can be viewed in the customer 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 entrepreneurs, prices (after login/verification) may be shown as net prices. (2) Shipping costs are shown separately during the ordering process before completing the order. (3) Note 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 upon import.
§ 5 Payment Terms
(1) The customer has the following payment options: 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 individual goods (“Private Label”) begins only after full payment has been received.
§ 6 Delivery and Transfer of Risk
(1) The delivery time is, unless otherwise stated for the product, up to 14 working days after receipt of payment, as the products are manufactured using print-on-demand. (2) For consumers: The risk of accidental loss and accidental deterioration of the goods passes to the consumer only upon handover of the goods. (3) For entrepreneurs (B2B): The risk passes to the entrepreneur as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.
§ 7 Retention of Title
The goods remain our property until full payment of the purchase price.
§ 8 Warranty and Duty to Inspect (Important for Entrepreneurs)
(1) The statutory warranty provisions apply unless otherwise regulated below. (2) For consumers: Minor deviations in color, logo positioning, and material properties 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 working days, for defects, condition, and completeness. Obvious defects must be reported to us in writing within this period. If the entrepreneur fails to inspect or report defects, the delivered goods are deemed approved unless the defect was not detectable during inspection.
§ 9 Right of Withdrawal
1. Exclusion of the right of withdrawal for Private Label products According to § 18 para. 1 no. 3 FAGG, there is no right of withdrawal for goods made to customer specifications or clearly tailored to personal needs. This applies to all products bearing an individual logo (“Your Logo”) or design of the customer. Cancellation or return is excluded after production has started. 2. Right of withdrawal for standard goods (only for consumers) If a consumer orders non-customized standard goods, they have a statutory right of withdrawal of 14 days. The detailed withdrawal instructions and the sample withdrawal form can be found in the appendix of these GTC or on our website under “Withdrawal Instructions.”
§ 10 Liability and Copyrights (Private Label)
(1) Customer content: The customer assures that they possess the necessary usage rights (copyright and trademark rights) for all designs and logos transmitted to maligo® OG. (2) Indemnification: Should third parties assert claims against maligo® OG due to rights infringements caused by the motifs uploaded by the customer, the customer shall indemnify maligo® OG from all claims and legal defense costs. (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 changes to the product made by the customer afterwards. (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 essential contractual obligations, limited to the typical, foreseeable damage.
§ 11 Final Provisions
(1) Austrian law applies excluding the UN Sales Convention. (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 contract remains otherwise valid. The relevant statutory provisions shall apply in place of the invalid provision.
Status: December 2025