Statutory Warranty (Gewährleistung), Complaints and Conformity with the Contract

Your contracting party and point of contact

Michael Jöbstl Einzelunternehmen (sole proprietorship under Austrian law) Puchstrasse 145, 8054 Graz, Austria Email: michaeljoebst87@gmail.com Phone: 06604736784 (international: +43 660 4736784) UID-Nummer (Umsatzsteuer-Identifikationsnummer, Austrian VAT ID): ATU79764514

Delivery area: we currently ship exclusively to Austria and Germany. An order can therefore only be placed with a delivery address in Austria or Germany. Outside Austria we have no branch, place of business or warehouse.

Please send every complaint to these same contact details. There is no intermediate complaints department and no call centre: your message goes directly to the person who designed and produced your wedding stationery.

What the statutory warranty (Gewährleistung) means

Gewährleistung means that we are liable for the goods being, at the moment they are handed over to you, what was agreed and what you may reasonably expect. Whether we are at fault for a defect makes no difference — this liability applies regardless of fault.

For contracts with consumers, the Verbrauchergewährleistungsgesetz (VGG, the Austrian Consumer Warranty Act) applies. Under that Act, goods conform to the contract if they

- meet the requirements expressly agreed (the "subjective requirements"): the product description, the configuration you selected, the personalisation details you supplied, and the quantity, format and material, and - meet the objective requirements: they are fit for the purposes goods of that kind are normally used for, have the qualities and characteristics usual for such goods, and are supplied in the usual packaging together with the usual accessories.

You have these rights for every product — including personalised one-off pieces. Personalisation does not change the fact that incorrectly produced goods are defective goods.

The warranty rules of the VGG are mandatory in your favour. We may neither shorten nor exclude them, and we do not do so. Claims available to you under other provisions — for example claims for damages, or claims under the Produkthaftungsgesetz (Austrian Product Liability Act) — remain unaffected alongside them.

Time limits and burden of proof

- Warranty period (Gewährleistungsfrist): we are liable for defects that become apparent within two years of the goods being handed over to you (§ 10 VGG). Handover is the moment when you, or a person named by you (not the transport company), actually receive the goods. - Burden of proof: during the first twelve months after handover, a defect that appears is presumed to have existed already at the time of handover (§ 11 VGG). During that period you therefore do not have to prove where the defect came from — it would be for us to prove the opposite. After those twelve months, the burden of proof shifts to you. - Enforcing claims in court: once the warranty period has expired, you have a further three months in which to assert your claims in court (§ 28 VGG). This is a deadline for taking legal action, not an extension of the period within which a defect may appear. - No notification deadline: as a consumer, you do not have to report a defect within any particular period in order to keep your rights. Only the warranty period is decisive. Even so, please get in touch as soon as you reasonably can — it makes matters easier to clarify for both sides.

Your remedies, in the order the law provides

The law sets out a two-tier sequence of remedies.

First tier – repair or replacement: you can choose whether we remedy the defect (repair) or supply you with a defect-free item (replacement). For personalised goods, replacement means producing a new item with exactly the same personalisation details. Your choice binds us unless the remedy you have chosen is impossible or, compared with the other remedy, disproportionate for us. Repair and replacement are free of charge for you, as the law requires: we bear the labour and material costs. If a return of the goods is needed for the remedy, we agree with you beforehand, case by case, how it should be handled and who bears the costs for it. We carry this out within a reasonable time and without significant inconvenience to you.

Second tier – price reduction or termination of the contract: you are entitled to these remedies if the first tier does not resolve matters, including where

- repair and replacement are impossible or disproportionate, - we refuse the remedy or fail to provide it within a reasonable time, - the defect persists or reappears despite an attempt at repair, - the defect is so serious that an immediate price reduction or termination of the contract is justified.

Where a defect is only minor, termination of the contract is excluded; a price reduction remains available to you in that case. If you terminate the contract, we refund the purchase price you already paid; how that refund and the return of the defective goods are handled is agreed with you beforehand.

For clarity: this termination of the contract is the warranty-law consequence of a defect. It is not the same as the 14-day right of withdrawal from a distance contract without giving reasons (see "Telling them apart" below for more on this).

A note on our current operations: our order and payment system currently runs in test mode. No real payments are processed yet and no binding orders are placed; the rights described here apply once regular ordering goes live.

How to report a complaint

Simply get in touch by email at michaeljoebst87@gmail.com, by phone on 06604736784, or in writing to Michael Jöbstl, Puchstrasse 145, 8054 Graz, Austria. No particular form is required.

The following helps us clarify things quickly:

- your name, the approximate order date, and the email address of your customer account, - which product it concerns, - a short description of what is wrong, - photos: one overall shot and one close-up of the spot you are complaining about, taken in good light, - for transport damage, photos of the packaging as well, - whether you would prefer repair or replacement.

These details make things easier; they are not a precondition. Your warranty rights exist even if you only send us a short note saying that something is not right.

What happens after you contact us

We will look at your report and work out with you which remedy makes sense. Often, clear photos are enough to assess the case.

Please do not send goods back unprompted. We will agree with you beforehand whether a return is needed at all, how it should be handled, and who bears the costs for it.

Transport damage: if a parcel arrives visibly damaged, please photograph the packaging and the contents before you dispose of the packaging, and get in touch with us. On shipments to consumers, we bear the risk of loss or damage until the goods are handed over to you (§ 7b KSchG). Damage that occurs in transit is therefore not at your expense.

Delivery area for complaints too: we currently ship exclusively to Austria and Germany. We can therefore only send repaired or replacement goods to an address in Austria or Germany. This does not affect your statutory warranty rights — it only concerns where we are able to deliver.

Personalisation details you have approved

Personalised products are made from the details you enter during the order process and confirm with your order: names, dates, texts, spellings, punctuation. We reproduce exactly those details — we do not correct them and we do not reinterpret them.

An error that was already contained in the details you confirmed is therefore not a defect: a typo in a name, a wrong year, a spelling you did not want, or a missing word. In that case the product is precisely what was agreed. What matters here is what was shown to you as a preview during the order process and what you confirmed.

There is, however, very much a defect where the delivered product deviates from those confirmed details, in particular where

- different text, a different spelling, a different date or a different motif has been produced than the one you confirmed, - characters are missing, cut off, transposed or illegible, - the quantity, format or material does not match what was ordered, - the print is unclean or the material arrives damaged.

Our tip: read through your entries calmly before you submit them, ideally with a second person checking them. If you notice a mistake in your own details after ordering, get in touch immediately. As long as production has not yet started, something can often still be changed. There is no legal entitlement to this, because it is not a defect — we will then work out with you individually what is possible and what it would cost.

Technically unavoidable variations in colour, material and production

Screens display colours as luminous, and differently depending on the device, calibration, brightness and ambient light. Printing, by contrast, uses colourants on paper or directly on the material in question. The finished product therefore cannot match exactly, in colour, what you saw on screen.

Minor colour variations between the on-screen display and the printed result are technically unavoidable and do not constitute a defect. The same applies to small production tolerances of the kind that are usual in high-quality paper printing, in UV direct printing onto blanks, and in 3D printing.

Clearly recognisable deviations that go beyond what is technically unavoidable are a defect, however — for example a colour distinctly different from the one ordered, smeared or streaky printing, missing printed areas, or damaged surfaces. If you are unsure, send us a photo; we do not judge this borderline by gut feeling, but by whether the product corresponds to what was agreed and to the usual standard.

A note on the images on our website: the product images are labelled AI-generated mood images. They show the design idea and the overall effect, not the exact individual item. What is decisive for the quality and characteristics owed is the product description together with your configuration.

Telling them apart: statutory warranty, right of withdrawal and commercial guarantee

Three things that are often confused:

- Gewährleistung (statutory warranty for defects): provided by law, applies where goods are defective, two years from handover. That is what this page is about. - Rücktrittsrecht im Fernabsatz (statutory right of withdrawal in distance selling): provided by law, 14 days, without giving reasons — but with statutory exceptions. It is set out separately in our withdrawal information. For goods that we make to your individual specifications or that are clearly tailored to you, § 18 para 1 no 3 FAGG provides for an exception to the right of withdrawal. Whether that exception applies in a given case depends on the particular product; it does not apply across the board to our entire range. - Garantie (voluntary commercial guarantee): a voluntary undertaking by a business that goes beyond what the law requires. We do not give any such guarantee. Where nothing is said about a guarantee, none is meant. The fact that we do not give a guarantee has no effect whatsoever on your statutory warranty rights.

Important: these three points are independent of one another. Even where there is no right of withdrawal for an individually produced item, you have the full statutory warranty rights if the product is defective.

If you order as a business

If you are ordering not as a consumer but in the course of your own business, the VGG does not apply; instead, the general warranty rules of §§ 922 et seq ABGB (Allgemeines Bürgerliches Gesetzbuch, the Austrian Civil Code) apply. In addition, where both sides act as businesses, you are subject to the duty to examine the goods and give notice of defects under § 377 UGB (Unternehmensgesetzbuch, the Austrian Business Code): defects must be examined for and notified without undue delay after the goods are accepted, otherwise warranty claims may be lost. The ways of contacting us are the same as described above.

If we cannot reach an agreement

In any event, please come to us directly first — most cases can be resolved that way.

If we are unable to reach an agreement in a dispute, we will, in accordance with § 19 para 3 AStG (Alternative-Streitbeilegung-Gesetz, the Austrian Alternative Dispute Resolution Act), inform you on a durable medium of the alternative dispute resolution body competent for us, and state at the same time whether we will take part in proceedings before that body. We are under no general obligation to take part in alternative dispute resolution proceedings, and we do not enter into any such obligation on this page.

Irrespective of this, recourse to the ordinary courts is open to you at any time. Your mandatory consumer rights, in particular your statutory place of jurisdiction as a consumer (Verbrauchergerichtsstand — the right to have consumer proceedings heard at the court for your place of residence), remain unaffected.

Applicable law

Austrian law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of mandatory protections granted by the law of the country of their habitual residence.

All the statutes named on this page (VGG, KSchG, FAGG, ABGB, UGB, AStG, Produkthaftungsgesetz) are Austrian statutes; we refer to them by their official name and explain each of them in the text.