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Magnetix

General Terms and Conditions

MAGNETIX Photo Magnets e.U., applicable to the online shop at magnetix.at and to event bookings.

1. Preamble

MAGNETIX Photo Magnets e.U., Nußdorfer Straße 90, 1090 Wien, Austria (hereinafter referred to as the “Contractor”) specialises in high-quality photo printing.

These GTC govern, on the one hand, transactions via the online shop at www.magnetix.at. On the other hand, these GTC also apply when customers commission events from the Contractor.

Customers are generally consumers within the meaning of § 1(1)(2) KSchG, but may also be businesses within the meaning of § 1(1)(1) KSchG.

For the sake of readability, gender-specific differentiation is omitted. This is done without any intent to discriminate.

2. Scope

All business relationships between the Contractor and the customer are governed by these GTC in the version in force at the time of the conclusion of the transaction.

For the purpose of placing online orders, customers may permanently save and/or print these GTC. This contract is concluded in German.

3. Requirements for Use

To obtain services and goods from the Contractor electronically, customers may need to register in the online shop. The customer is obliged to provide truthful and complete information during the business relationship and to keep their data up to date at all times. Data must be treated confidentially and protected against unauthorised access. If the customer suspects misuse by third parties, they must immediately notify the Contractor.

The customer must refrain from any measures that could jeopardise or impair the technical operation of the online shop (including cyber-attacks). Such behaviour will be prosecuted.

4. Offer and Conclusion of Contract

By clicking the "Order with obligation to pay" button, the customer submits a binding offer to conclude a contract with the Contractor. The Contractor is not obliged to accept this offer. Prior to finally placing an order, the customer has the opportunity to review the order for errors and correct them if necessary.

The Contractor confirms receipt of the offer to the customer by email to the address provided by the customer ("order confirmation"). This email does not constitute acceptance of the offer by the Contractor. The Contractor may accept offers by confirming the acquisition of the offer in a further email ("order acknowledgement") or by dispatching the ordered goods or services. The customer is bound by their enquiry for three days.

Products are shipped within the European Economic Area ("EEA") within 7 working days of completion of the ordered goods. As the goods are physically processed, processing time may take one to two working days. Shipment to countries outside the EEA takes place within fourteen days of completion of the goods. If the Contractor is prevented from meeting the delivery deadline due to force majeure (e.g. natural disasters or epidemics) or supply shortages from third-party suppliers, the Contractor will notify the customer as soon as possible. In such cases, the delivery deadline is extended by the duration of the relevant events.

5. Payment Terms

Prices listed in the online shop are in EUR.

In case of doubt, VAT is not yet included. The amounts stated at the time of ordering apply. The Contractor informs the customer of the prices, taxes and shipping costs again in the order summary before the order is completed.

Accepted payment methods are listed in the online shop. Payment is made by bank transfer to the account specified by the Contractor. Whether payment is made on a recurring basis (continuing obligation) or as a one-off (fixed-term obligation) depends on the agreement between the Contractor and the customer.

The Contractor's claims become due upon invoicing. If claims are not paid within seven days, the Contractor will charge statutory default interest of 4% per annum from the due date. The customer undertakes, in the event of default, to reimburse the Contractor for any reminder and collection costs incurred, to the extent necessary for appropriate legal enforcement. If the customer is a business, the amount of default interest is governed by § 456 UGB.

6. Right of Withdrawal under FAGG

This right of withdrawal applies to consumers only.

This right of withdrawal expressly does not apply where goods are manufactured to customer specifications or are clearly tailored to personal needs.

The customer has the right to withdraw from their contractual declaration or a contract already concluded within fourteen days without giving reasons, provided the contract was concluded electronically. The withdrawal period is fourteen days from the day on which the consumer or a third party designated by the consumer (other than the carrier) takes possession of the goods. For service contracts, the withdrawal period begins on the date the contract is concluded.

To exercise the right of withdrawal, the customer must inform the Contractor of the decision to withdraw from the contract by means of a clear declaration (e.g. a letter sent by post or an email). The customer may use the model withdrawal form set out in Annex I B of the Distance and Off-Premises Contracts Act (ris.bka.gv.at), which is also available on the Contractor’s website.

Withdrawal declarations must be addressed to:

MAGNETIX Photo Magnets e.U.
Nußdorfer Straße 90, 1090 Wien, Austria
E-Mail: office@magnetix.at
Telefon: +43 678 121 7120

To meet the withdrawal deadline, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the withdrawal period expires. In such a case, the customer will receive confirmation of receipt of the withdrawal.

If the customer withdraws from the contractual declaration or a contract already concluded, the Contractor must refund all payments received from the customer, including delivery costs (except for additional costs arising from the customer's choice of a delivery method other than the most cost-effective standard delivery offered by the Contractor), promptly and no later than fourteen days from the date on which the Contractor receives notification of the withdrawal. The Contractor uses the same means of payment as used by the customer in the original transaction. The customer bears the direct costs of returning the goods. If the value of the goods has diminished due to use beyond what is necessary to establish their nature, characteristics and functioning, the customer is liable for that diminished value.

7. Service Disruptions

The Contractor is not responsible if it is unable to fulfil its obligations under the contractual relationship due to circumstances for which neither the Contractor nor any vicarious agent is responsible. This includes, among other things, lack of availability of energy or telecommunications services, as well as force majeure.

8. Retention of Title

All goods delivered by the Contractor remain the property of the Contractor until payment is made in full. The customer requires prior consent from the Contractor to sell the goods to a third party before full payment has been made.

9. Events and Cancellation Policy

In the case of agreed events, the customer has the right to withdraw without charge (cancellation fees) up to one week before the agreed date. However, if the customer cancels or requests a short-notice postponement of the agreed event within seven days of the scheduled date, the Contractor is entitled to 50% of the agreed fee for that event. If the event is cancelled by the customer less than 24 hours before the agreed date, the Contractor is entitled to 90% of the agreed fee. This does not apply if the customer can demonstrate (e.g. by means of a medical certificate) that due to illness or force majeure the appointment cannot be kept at short notice and that it was not possible to give earlier notice.

10. Photos at Events

The Contractor advises that photos are taken during events and that participants may be photographed. These photos may subsequently be published on the Contractor's website, on magnets and on social media (e.g. Facebook or Instagram). Anyone who does not wish this may of course inform the Contractor. The processing of these photos is based on consent (within the meaning of Art. 6(1)(a) GDPR) and may be withdrawn at any time. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent prior to withdrawal.

The customer is entitled to object to the processing of their data for advertising purposes (Art. 21(2) GDPR).

The customer has the option of indicating at the time of ordering whether they would like the photographic works sent to them or wish to collect the order from the Contractor's premises. If the customer opts to collect the photographic works, they will be made available at the agreed delivery location. The photographic works held for collection are labelled with the first name, surname and order number. It cannot be ruled out that this information may be visible to third parties. The customer acknowledges that the alternative option of having the photographic works dispatched is available.

11. Disclaimer for Third-Party Content

The Contractor is not liable for third-party information accessed via an electronic link. As soon as the Contractor becomes aware that a link leads to unlawful content, the Contractor will remove that link without delay.

12. Liability for Damages and Warranty

Liability of the Contractor for slight negligence is excluded. Liability is limited in amount to damages that were typically foreseeable at the time the contract was concluded.

This limitation of liability does not apply to personal injury or damage under product liability law.

The Contractor accepts no liability where third-party rights exist in relation to printed photos or motifs.

The Contractor is not liable to businesses for loss of profit.

Warranty claims may be reduced to one year if individually negotiated (§ 9(1) KSchG). Otherwise, the statutory warranty period of two years applies.

13. Data Protection and Confidentiality of Business Secrets

The disclosure of data and information to the relevant business partners is permitted to the extent necessary for the performance of the contractual relationship. Otherwise, the contracting parties are obliged to maintain confidentiality regarding the circumstances and data relating to the other party that they become aware of during the course of the business relationship, and in particular to comply with data secrecy obligations. These obligations of data and business secrecy also apply beyond the term of the contractual relationship.

14. Use of Subcontractors

The Contractor may engage subcontractors to fulfil its obligations under this contract.

15. Place of Jurisdiction and Applicable Law

This contractual relationship is governed by Austrian law. However, this choice of law must not deprive the consumer of the protection afforded by the mandatory provisions of the law of the country in which they are habitually resident (cf. Art. 6(2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and of conflict-of-laws rules is excluded. The exclusive place of jurisdiction is Vienna. If the customer is a consumer habitually resident, ordinarily residing or employed in Austria, they may, notwithstanding the foregoing, only be sued before the courts having jurisdiction over their place of domicile, habitual residence or employment.

Reference is made to the possibility of resolving disputes via an online dispute resolution platform (Art. 14(1) sentence 1 ODR Regulation) (ec.europa.eu/consumers/odr) and national consumer arbitration boards.

16. Duration of the Contractual Relationship

The contractual relationship with the customer commences upon conclusion of the contract. Where a one-time service is owed (fixed-term obligation), the contractual relationship ends upon full performance of the mutually owed services. Where a continuing obligation is owed, it may be terminated without cause with fourteen days' notice to the end of a calendar month. The right to extraordinary termination at any time remains unaffected.

The Contractor expressly draws attention to the fact that photos are deleted from the gallery thirty days after completion of the respective order. Photos are retained in production for up to six weeks to handle any complaints or reorders. After this period, photos are permanently deleted.

17. Miscellaneous

If any part of these terms is found to be invalid, the validity of the remaining terms is not affected. The invalid term shall be replaced by a valid term that comes as close as possible to the economic intent of both contracting parties as discernible from the agreement. Amendments to and supplements of these terms are only valid if agreed and signed in writing. The Contractor recommends that the customer save these GTC permanently.

As of: June 2026