Terms and Conditions

§ 1 Scope and definitions

The following General Terms and Conditions (“GTC”) in the version valid at the time of the order shall apply exclusively to the business relationship between “Dr. Josef Maier” (hereinafter referred to as “JM”) and the respective purchaser (hereinafter referred to as “Purchaser”). JM does not recognize any deviating terms and conditions of the purchaser unless JM has expressly agreed to their validity in writing.

§ 2Conclusion of contract in the online shop

In case of conclusion of the contract, the contract is concluded with

Joseph Maier

Main Street 19A

A-8074 Raaba-Grambach

VAT number: ATU79066323

came about.

The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog inviting the buyer to order goods.

By ordering the desired goods and receiving the order in the online shop, the buyer makes a binding offer to conclude a purchase contract with JM by successfully completing the following ordering process.

The ordering process consists of the following steps:

1.      Selection of the desired goods

2.      Confirm by clicking the “Add to cart” button

3.      Checking the information in the shopping cart

4.      Activation by pressing the button “Continue to payment”

5.      After entering the billing address, delivery address and payment details, press the button “Order with payment”

 

Before submitting the order, the buyer can view a summary of his order or selection of goods in an order overview, change the order by clicking the "Change" button, and, after checking his details, return to the website on which the buyer's details are recorded by pressing the "Back" button in the internet browser he is using and correct any input errors or cancel the order process by closing the internet browser.

By clicking on the button “Order with payment”, the buyer sends his order data and makes a binding declaration to JM that he wishes to purchase the images/goods listed there (“offer”).

JM will immediately confirm receipt of the order by sending an automatically generated email (“Order Confirmation”), which will repeat the details of the order.

 

By sending this order confirmation, JM accepts the offer.

The text of the order is stored by JM and can be sent to the buyer upon request after the order has been completed.

JM recommends that every buyer, regardless of their status as a consumer, print out the order details and the General Terms and Conditions applicable at the time of the order for your security.

This does not affect the consumer's right to receive the information specified in Section 4 (1) of the Federal Data Protection Act (FAGG) on a durable medium within a reasonable period of time after the conclusion of the contract. German is the available contract language.

 

§ 3 Revocation

If a buyer is a consumer within the meaning of Section 1 of the Consumer Protection Act (KSchG), he has the right to withdraw from this contract within 14 days without giving any reason.

JM points out that there is no right of withdrawal for goods that have been customized for the respective buyer (e.g. commissioned works, pictures/goods/works with personalized signature/engraving/etc.), as well as for pure photographic prints, since in such cases the created goods are either individually manufactured according to the buyer's specifications or, in the case of photographic prints, these correspond 100% to the images shown in the online shop.

For goods that are manufactured according to customer specifications or are clearly tailored to personal needs, the right of withdrawal is excluded according to Section 18 Paragraph 1 Item 3 FAGG.

JM further points out that there is no right of withdrawal for digital goods (such as non-fungible tokens), original works of art, and hand-painted multiples. Upon purchase, the consumer expressly agrees that JM may begin fulfilling the contract before the expiration of the withdrawal period and confirms their knowledge that, in such a case, their right of withdrawal expires upon commencement of contract fulfillment.

The general cancellation period for consumers is 14 days from the day on which the consumer or a third party designated by him, who is not the carrier, takes possession of the goods, if one or more goods have been ordered as part of a single order and are delivered in one delivery.

or

on the day on which the consumer or a third party other than the carrier designated by him takes possession of the last good, if several goods were ordered as part of a single order but are delivered separately.

To exercise the right of withdrawal,

Joseph Maier

Hauptstraße 19a, 8074 Raaba-Grambach

Email: info@josefmaier.at

by means of a clear declaration (e.g., by letter or email) of the decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.

Consequences of revocation

If the contract was legally and timely revoked, all payments, including delivery costs (with the exception of additional costs resulting from choosing a delivery method other than the cheapest standard delivery offered by JM ), will be refunded promptly and at the latest within 14 days from the day on which JM received notification of the cancellation of the purchase contract. The same means of payment will be used for the refund that was used by the consumer for the original transaction, unless expressly requested otherwise by the consumer; under no circumstances will any fees be charged for this refund.

Refunds may be refused until the purchased item has been returned to JM undamaged or proof has been provided that the purchased item has been returned adequately insured (at least for the original purchase price), whichever occurs first.

The purchased item must be returned immediately and in any case no later than 14 days from the date of the cancellation notice, in its original packaging, including all accessories, and insured. This deadline is met if the purchased item is sent before the expiry of the 14-day period.

The costs of return are to be borne by the consumer.

The consumer only has to pay for any loss of value of the goods if this loss of value is due to handling by the consumer which is not necessary to check the quality, properties and functioning of the goods.

For goods that show signs of wear or whose packaging is damaged, JM will charge a reasonable fee for the loss in value.

The same applies if accessories (e.g. certificates, etc.) or parts are missing when the goods are returned.

Please note that goods cannot/should not generally be returned by regular mail.

Please contact JM for further information:

Email: info@josefmaier.at

 

§ 4 Delivery

Unless otherwise agreed, delivery shall be made ex warehouse to the delivery address specified by the buyer.

Unless JM has stated otherwise in the product description, all goods offered are ready for immediate dispatch. Delivery will take place no later than 14 working days after receipt of full payment. In the case of advance payment, the delivery period begins on the day after the payment order is sent to the bank responsible for the transfer, and for all other payment methods, the delivery period begins on the day after the contract is concluded. If the delivery period falls on a Saturday, Sunday, or public holiday at the place of delivery, the delivery period ends on the next working day.

By purchasing, the buyer also agrees to the disclosure of their address and email address to third parties, such as shipping providers. This consent is required so that the goods can be shipped properly.

 

Any applicable taxes, duties and storage costs are borne by the buyer.

The risk of accidental loss and accidental deterioration of the sold item, even in the case of a sale by dispatch, only passes to the consumer upon delivery of the item to the consumer. If JM sends the goods, the risk of loss or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party designated by the consumer, other than the carrier. The buyer must report any defects or damage to the packaging immediately upon receipt and notify JM .

 

 

§ 5 Prices, due date and payment, default

The prices listed in the online shop are net prices, excluding shipping costs. The final price will be displayed when you access the shopping cart. Shipping costs are calculated after you enter the shipping address and are then added to the final price.

The buyer/consumer has the option of paying in advance, via PayPal, or by credit card (Visa, Mastercard), unless otherwise stated.

If the buyer/consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.

 

 

§ 6Set-off, retention

The right of set-off is generally excluded. Any right of retention granted to the consumer under Austrian civil law remains unaffected.

 

 

§ 7 Retention of title

The delivered goods remain the property of JM until full and final payment has been made .

 

 

§ 8Liability

JM is liable without limitation for damages within the framework of the statutory provisions

1.      from injury to life, body or health resulting from an intentional or negligent breach of duty or other intentional or negligent conduct by JM or one of its legal representatives or vicarious agents;

2.      which are based on an intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent conduct by the provider of the web shop or one of its legal representatives or vicarious agents.

 

JM is liable, limited to compensation for the foreseeable damage typical for the contract, for damages resulting from a slightly negligent breach of essential obligations by JM or one of its legal representatives or vicarious agents. Essential obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the buyer may rely. In cases of slight negligence, JM is not liable for any lost profit.

The above provisions shall also apply mutatis mutandis to JM ’s liability with regard to reimbursement of frustrated expenses.

Liability under the Product Liability Act remains unaffected.

 

 

§ 9Warranty

The statutory warranty rights apply unless expressly agreed otherwise.

Buyers as defined as entrepreneurs according to Section 1 of the Austrian Commercial Code (UGB) must comply with their statutory obligations to inspect and give notice of defects (Sections 377 et seq. of the Austrian Commercial Code) within a reasonable period of time (14 days) in the event of claims for defects. If a defect becomes apparent during the inspection or later, JM must be notified thereof in writing without delay. Notification is deemed to be prompt if it is made within two weeks; timely dispatch of the notification is sufficient to meet the deadline. Irrespective of this obligation to inspect and give notice of defects (including incorrect and short deliveries) must be notified in writing within two weeks of delivery; timely dispatch of the notification is also sufficient to meet the deadline.

If the deadline for proper inspection and/or notification of defects is missed, the legal consequences pursuant to Section 377 Paragraph 2 of the Austrian Commercial Code (UGB) will apply.

§ 10No granting of rights

The purchase of photographic prints or original works of art grants only the legal ownership of the print, but not any other rights of use. Any reproduction (duplication), distribution, rental, public disclosure, or other analog or digital exploitation is prohibited unless permitted by law.

§ 11Collection, processing and use of personal data

All regulations for protecting your data can be found under Data Protection .

 

 

§ 12Contract language

The contract language is exclusively German.

 

§ 13 Applicable law / Place of jurisdiction

Austrian law applies, excluding international conflict of law rules.

Between JM and a buyer who is an entrepreneur according to Section 1 of the Austrian Commercial Code (UGB), the competent court in Graz is agreed for all disputes arising from or in connection with the contract.

 

§ 14 Severability clause

Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions of the contracts concluded under them. Any invalid provision shall be replaced by a valid one that most closely approximates its meaning and purpose.

 

As of: February 19, 2025

 

§ 1 Scope and definitions

The following General Terms and Conditions (“GTC”) in the version valid at the time of the order shall apply exclusively to the business relationship between “Dr. Josef Maier” (hereinafter referred to as “JM”) and the respective purchaser (hereinafter referred to as “Purchaser”). JM does not recognize any deviating terms and conditions of the purchaser unless JM has expressly agreed to their validity in writing.

§ 2Conclusion of contract in the online shop

In case of conclusion of the contract, the contract is concluded with

Joseph Maier

Main Street 19A

A-8074 Raaba-Grambach

VAT number: ATU79066323

came about.

The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog inviting the buyer to order goods.

By ordering the desired goods and receiving the order in the online shop, the buyer makes a binding offer to conclude a purchase contract with JM by successfully completing the following ordering process.

The ordering process consists of the following steps:

1.      Selection of the desired goods

2.      Confirm by clicking the “Add to cart” button

3.      Checking the information in the shopping cart

4.      Activation by pressing the button “Continue to payment”

5.      After entering the billing address, delivery address and payment details, press the button “Order with payment”

 

Before submitting the order, the buyer can view a summary of his order or selection of goods in an order overview, change the order by clicking the "Change" button, and, after checking his details, return to the website on which the buyer's details are recorded by pressing the "Back" button in the internet browser he is using and correct any input errors or cancel the order process by closing the internet browser.

By clicking on the button “Order with payment”, the buyer sends his order data and makes a binding declaration to JM that he wishes to purchase the images/goods listed there (“offer”).

JM will immediately confirm receipt of the order by sending an automatically generated email (“Order Confirmation”), which will repeat the details of the order.

 

By sending this order confirmation, JM accepts the offer.

The text of the order is stored by JM and can be sent to the buyer upon request after the order has been completed.

JM recommends that every buyer, regardless of their status as a consumer, print out the order details and the General Terms and Conditions applicable at the time of the order for your security.

This does not affect the consumer's right to receive the information specified in Section 4 (1) of the Federal Data Protection Act (FAGG) on a durable medium within a reasonable period of time after the conclusion of the contract. German is the available contract language.

 

§ 3 Revocation

If a buyer is a consumer within the meaning of Section 1 of the Consumer Protection Act (KSchG), he has the right to withdraw from this contract within 14 days without giving any reason.

JM points out that there is no right of withdrawal for goods that have been customized for the respective buyer (e.g. commissioned works, pictures/goods/works with personalized signature/engraving/etc.), as well as for pure photographic prints, since in such cases the created goods are either individually manufactured according to the buyer's specifications or, in the case of photographic prints, these correspond 100% to the images shown in the online shop.

For goods that are manufactured according to customer specifications or are clearly tailored to personal needs, the right of withdrawal is excluded according to Section 18 Paragraph 1 Item 3 FAGG.

JM further points out that there is no right of withdrawal for digital goods (such as non-fungible tokens), original works of art, and hand-painted multiples. Upon purchase, the consumer expressly agrees that JM may begin fulfilling the contract before the expiration of the withdrawal period and confirms their knowledge that, in such a case, their right of withdrawal expires upon commencement of contract fulfillment.

The general cancellation period for consumers is 14 days from the day on which the consumer or a third party designated by him, who is not the carrier, takes possession of the goods, if one or more goods have been ordered as part of a single order and are delivered in one delivery.

or

on the day on which the consumer or a third party other than the carrier designated by him takes possession of the last good, if several goods were ordered as part of a single order but are delivered separately.

To exercise the right of withdrawal,

Joseph Maier

Hauptstraße 19a, 8074 Raaba-Grambach

Email: info@josefmaier.at

by means of a clear declaration (e.g., by letter or email) of the decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.

Consequences of revocation

If the contract was legally and timely revoked, all payments, including delivery costs (with the exception of additional costs resulting from choosing a delivery method other than the cheapest standard delivery offered by JM ), will be refunded promptly and at the latest within 14 days from the day on which JM received notification of the cancellation of the purchase contract. The same means of payment will be used for the refund that was used by the consumer for the original transaction, unless expressly requested otherwise by the consumer; under no circumstances will any fees be charged for this refund.

Refunds may be refused until the purchased item has been returned to JM undamaged or proof has been provided that the purchased item has been returned adequately insured (at least for the original purchase price), whichever occurs first.

The purchased item must be returned immediately and in any case no later than 14 days from the date of the cancellation notice, in its original packaging, including all accessories, and insured. This deadline is met if the purchased item is sent before the expiry of the 14-day period.

The costs of return are to be borne by the consumer.

The consumer only has to pay for any loss of value of the goods if this loss of value is due to handling by the consumer which is not necessary to check the quality, properties and functioning of the goods.

For goods that show signs of wear or whose packaging is damaged, JM will charge a reasonable fee for the loss in value.

The same applies if accessories (e.g. certificates, etc.) or parts are missing when the goods are returned.

Please note that goods cannot/should not generally be returned by regular mail.

Please contact JM for further information:

Email: info@josefmaier.at

 

§ 4 Delivery

Unless otherwise agreed, delivery shall be made ex warehouse to the delivery address specified by the buyer.

Unless JM has stated otherwise in the product description, all goods offered are ready for immediate dispatch. Delivery will take place no later than 14 working days after receipt of full payment. In the case of advance payment, the delivery period begins on the day after the payment order is sent to the bank responsible for the transfer, and for all other payment methods, the delivery period begins on the day after the contract is concluded. If the delivery period falls on a Saturday, Sunday, or public holiday at the place of delivery, the delivery period ends on the next working day.

By purchasing, the buyer also agrees to the disclosure of their address and email address to third parties, such as shipping providers. This consent is required so that the goods can be shipped properly.

 

Any applicable taxes, duties and storage costs are borne by the buyer.

The risk of accidental loss and accidental deterioration of the sold item, even in the case of a sale by dispatch, only passes to the consumer upon delivery of the item to the consumer. If JM sends the goods, the risk of loss or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party designated by the consumer, other than the carrier. The buyer must report any defects or damage to the packaging immediately upon receipt and notify JM .

 

 

§ 5 Prices, due date and payment, default

The prices listed in the online shop are net prices, excluding shipping costs. The final price will be displayed when you access the shopping cart. Shipping costs are calculated after you enter the shipping address and are then added to the final price.

The buyer/consumer has the option of paying in advance, via PayPal, or by credit card (Visa, Mastercard), unless otherwise stated.

If the buyer/consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.

 

 

§ 6Set-off, retention

The right of set-off is generally excluded. Any right of retention granted to the consumer under Austrian civil law remains unaffected.

 

 

§ 7 Retention of title

The delivered goods remain the property of JM until full and final payment has been made .

 

 

§ 8Liability

JM is liable without limitation for damages within the framework of the statutory provisions

1.      from injury to life, body or health resulting from an intentional or negligent breach of duty or other intentional or negligent conduct by JM or one of its legal representatives or vicarious agents;

2.      which are based on an intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent conduct by the provider of the web shop or one of its legal representatives or vicarious agents.

 

JM is liable, limited to compensation for the foreseeable damage typical for the contract, for damages resulting from a slightly negligent breach of essential obligations by JM or one of its legal representatives or vicarious agents. Essential obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the buyer may rely. In cases of slight negligence, JM is not liable for any lost profit.

The above provisions shall also apply mutatis mutandis to JM ’s liability with regard to reimbursement of frustrated expenses.

Liability under the Product Liability Act remains unaffected.

 

 

§ 9Warranty

The statutory warranty rights apply unless expressly agreed otherwise.

Buyers as defined as entrepreneurs according to Section 1 of the Austrian Commercial Code (UGB) must comply with their statutory obligations to inspect and give notice of defects (Sections 377 et seq. of the Austrian Commercial Code) within a reasonable period of time (14 days) in the event of claims for defects. If a defect becomes apparent during the inspection or later, JM must be notified thereof in writing without delay. Notification is deemed to be prompt if it is made within two weeks; timely dispatch of the notification is sufficient to meet the deadline. Irrespective of this obligation to inspect and give notice of defects (including incorrect and short deliveries) must be notified in writing within two weeks of delivery; timely dispatch of the notification is also sufficient to meet the deadline.

If the deadline for proper inspection and/or notification of defects is missed, the legal consequences pursuant to Section 377 Paragraph 2 of the Austrian Commercial Code (UGB) will apply.

§ 10No granting of rights

The purchase of photographic prints or original works of art grants only the legal ownership of the print, but not any other rights of use. Any reproduction (duplication), distribution, rental, public disclosure, or other analog or digital exploitation is prohibited unless permitted by law.

§ 11Collection, processing and use of personal data

All regulations for protecting your data can be found under Data Protection .

 

 

§ 12Contract language

The contract language is exclusively German.

 

§ 13 Applicable law / Place of jurisdiction

Austrian law applies, excluding international conflict of law rules.

Between JM and a buyer who is an entrepreneur according to Section 1 of the Austrian Commercial Code (UGB), the competent court in Graz is agreed for all disputes arising from or in connection with the contract.

 

§ 14 Severability clause

Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions of the contracts concluded under them. Any invalid provision shall be replaced by a valid one that most closely approximates its meaning and purpose.

 

As of: February 19, 2025