Terms and Conditions

General Terms and Conditions (GTC) – Josef Maier

§ 1 Scope and Definitions These General Terms and Conditions ("GTC") in their version valid at the time of the order apply exclusively to the business relationship between "Dr. Josef Maier" (hereinafter "JM") and the respective buyer (hereinafter "Buyer"). JM does not recognize any differing conditions from the Buyer unless explicitly agreed to in writing.

§ 2 Conclusion of Contract in the Online Shop In case of a contract, it is concluded with:

Josef Maier
Hauptstraße 19A
A-8074 Raaba-Grambach
VAT No: ATU79066323

The product display in the online shop is not a legally binding offer but a non-binding online catalog inviting the Buyer to place orders.

By completing the ordering process and submitting the order, the Buyer submits a binding offer to conclude a purchase contract with JM.

Order Process:

Selection of desired products
Clicking "Add to Cart"
Reviewing cart information
Clicking "Proceed to Checkout"
Entering billing/shipping address and payment details, then clicking "Place Order with Obligation to Pay"

Before final submission, the Buyer can review the order summary, change entries using the "Edit" button, or go back using the browser’s "Back" function to correct errors or cancel the process.

Clicking "Place Order with Obligation to Pay" constitutes a binding offer to purchase the listed goods.

JM confirms receipt with an automated email (“Order Confirmation”) outlining the order details. With the dispatch of this confirmation, the contract is accepted.

The order text is saved by JM and can be provided to the Buyer upon request. JM recommends printing out the order and applicable GTC.

The consumer's right to receive the information according to § 4 para 1 FAGG on a durable medium within a reasonable time after contract conclusion remains unaffected. The contract language is German.

§ 3 Right of Withdrawal If the Buyer is a consumer as defined in § 1 KSchG, they have the right to withdraw from the contract within 14 days without giving reasons.

Exceptions: No right of withdrawal exists for customized goods (e.g., commissioned artwork, signed/engraved items) or photographic prints identical to those in the online shop.

Per § 18 para 1 Z 3 FAGG, the right of withdrawal does not apply to personalized/custom goods.

No withdrawal for digital goods (e.g., NFTs), original artworks, and hand-painted multiples. By purchasing, the Buyer agrees that JM may begin fulfillment before the withdrawal period ends and acknowledges that this waives their right of withdrawal.

Withdrawal Period:

14 days from when the Buyer or a third party (not the carrier) takes possession of the goods (in a single or combined shipment).
Or, in the case of separate deliveries, from the day the last item is received.

To exercise the right of withdrawal: Contact:

Josef Maier
Hauptstraße 19a, 8074 Raaba-Grambach
Email: info@josefmaier.at

Notice must be sent before the withdrawal period ends.

Effects of Withdrawal: All payments, including delivery costs (excluding additional costs from a more expensive delivery option), will be refunded within 14 days of JM receiving the withdrawal notice. Refunds use the original payment method unless otherwise agreed.

JM may withhold the refund until the returned item is received undamaged or proof of insured return shipment is provided.

The item must be returned in original packaging, with all accessories, insured, within 14 days of withdrawal. Buyer bears the return shipping costs.

The Buyer is liable for diminished value resulting from unnecessary handling.

A reasonable fee will be charged for damaged items or missing accessories.

Note: Returns should not be made by standard mail. Contact JM for details.

§ 4 Delivery Delivery is made from stock to the address provided by the Buyer, unless otherwise agreed.

Unless otherwise stated, goods are ready for dispatch immediately and will be delivered within 14 working days of full payment. The delivery period begins after payment initiation (for prepayment) or contract conclusion (for other methods). If the deadline falls on a weekend or holiday, it ends the next business day.

The Buyer consents to JM sharing their address and email with shipping partners.

Any taxes, customs, or storage fees are borne by the Buyer.

Risk passes to the Buyer upon delivery. In case of shipping, risk transfers when the Buyer or a third party (excluding the carrier) receives the goods.

Damage to packaging must be reported immediately.

§ 5 Prices, Due Date, Payment, Delay Prices listed are net, excluding shipping. Final prices including shipping are shown in the cart after entering the shipping address.

Payment options: prepayment, PayPal, credit card (Visa, Mastercard) unless stated otherwise.

For prepayment, the Buyer must pay immediately upon contract conclusion.

§ 6 Set-Off, Retention Offsetting rights are excluded. The statutory right of retention remains unaffected.

§ 7 Retention of Title Goods remain the property of JM until full payment is received.

§ 8 Liability JM is liable without limitation for damages:

Resulting from injury to life, body, or health due to intent or negligence by JM or its agents;
Caused by gross negligence or intent by JM or its agents.

JM is liable for foreseeable damages due to slight negligence only if essential contractual duties are breached. No liability for loss of profit.

The above applies to reimbursement of frustrated expenses.

Liability under the Product Liability Act remains unaffected.

§ 9 Warranty Statutory warranty rights apply unless otherwise agreed.

Entrepreneurs (§ 1 UGB) must comply with inspection and notification obligations (§§ 377 ff UGB) within 14 days. Obvious defects must be reported in writing within 2 weeks of delivery.

Failure to comply results in loss of warranty rights under § 377 para 2 UGB.

§ 10 No Grant of Rights Purchase of photographic prints or original artworks transfers only ownership, not usage rights. Any reproduction, distribution, rental, public display, or digital/analog use is prohibited unless legally permitted.

§ 11 Data Protection All data protection provisions can be found in the privacy policy.

§ 12 Contract Language The contract language is German only.

§ 13 Applicable Law / Jurisdiction Austrian law applies, excluding international conflict rules. For contracts with entrepreneurs under § 1 UGB, jurisdiction lies with the competent court in Graz.

§ 14 Severability Clause If any provision is or becomes invalid, the remaining provisions remain effective. The invalid provision shall be replaced by one that best reflects its purpose.

Effective Date: February 19, 2025