These General Terms and Conditions apply to all orders placed by consumers through the online shop flourish.at with Sonja Priller e.U. (trading as “Flourish – Framed Nature®”), Theobaldgasse 13/3, 1060 Vienna, Austria, VAT ID ATU51061407.
§ 2 Conclusion of contract
The presentation of products in the online shop does not constitute a legally binding offer but a non-binding invitation to order. By clicking the order button “buy now” you place a binding order for the goods in your basket. Confirmation of receipt of your order is sent by email immediately after the order is submitted (order confirmation) and does not yet constitute acceptance of the contract. A purchase contract comes into existence only through our express declaration of acceptance or through dispatch of the goods.
§ 3 Prices and shipping costs
All prices are stated in euros and include statutory VAT.
Delivery is made to Austria and Germany only. Within this delivery area shipping is free of charge.
§ 4 Payment
Payment is made using the methods offered during the order process (including credit card, Shop Pay, Apple Pay and other methods offered via Shopify Payments). Processing is handled by the payment service provider Shopify Payments or its partners.
§ 5 Delivery
Unless stated otherwise for the individual product, delivery usually takes 5–10 working days from receipt of payment. For limited editions the delivery time may be longer; we will inform you separately in such cases.
§ 6 Retention of title
The delivered goods remain our property until payment has been made in full.
§ 7 Warranty
The statutory warranty applies. Consumers have a statutory warranty right in respect of defects in the goods for two years from handover.
§ 8 Right of withdrawal
Because every artwork is produced specifically for the customer following individual consultation, it constitutes a custom-made item pursuant to § 18 para. 1 no. 3 FAGG. There is therefore no statutory right of withdrawal. The provisions of the separate policy “Returns & right of withdrawal” apply, in particular the exception set out there for demonstrable transport damage. Statutory warranty rights in the event of defects remain unaffected.
§ 9 Liability
We are liable without limitation for intent and gross negligence and in accordance with the Austrian Product Liability Act. For slight negligence we are liable only in the event of a breach of material contractual obligations and for damage arising from injury to life, body or health.
§ 10 Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Final provisions
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain unaffected.
This is a courtesy translation. In the event of any discrepancy, the German version applies.