1. general

The official representative worldwide for Paul Flora is Dr. Thomas Seywald - Galerie Seywald, 5026 Salzburg, Josef Kainz Straße 6, which is also the owner and operator of www.paulflora.at, hereinafter referred to as the “Seller”.

The following General Terms and Conditions apply to all contracts, deliveries and other services. We hereby expressly object to any deviating provisions of the contractual partner. All subsidiary agreements require our written confirmation. The seller is entitled at any time to amend or supplement the “General Terms and Conditions”, including any annexes, at any time. Incoming orders shall be processed in accordance with the “General Terms and Conditions” valid on the invoice date.

2. offer

Our offers are non-binding insofar as small color deviations from our illustrations or descriptions are possible for technical reasons. The seller guarantees for the correctness of the descriptions as well as for a regular price (according to the market and parameters such as rarity, peculiarity etc.).

3. delivery and payment

The terms of delivery and payment of the Flora Shop within www.paulflora.at are shown in more detail in the order form and on our website Terms of Delivery & Payment. All our prices include VAT at the current rate of 10% (books), 13% (unique items, prints) and 20% (other printed works). If you have a VAT identification number within the EU, please let us know so that we can issue a net invoice. The VAT guidelines of your country will then apply. We reserve the right to make a partial delivery if this appears to be advantageous for speedy processing. However, only one delivery will be invoiced unless the buyer requests a split delivery (e.g. if part of the goods are not in stock). Special forms of delivery requested by our customers (express, special insurance, etc.) will be invoiced with the usual local surcharge.

4. delivery times

Goods that are in stock will be dispatched within a maximum of 5 working days (delays may be possible in individual cases for technical or procurement reasons). If, for example, the goods are not in stock when the order is placed, we will endeavor to deliver the goods as quickly as possible and you will be informed of this by email. If non-compliance with a delivery or performance deadline is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which we are not responsible, the deadline shall be extended accordingly. In the event of non-compliance with the delivery deadline for reasons other than those mentioned above, the purchaser shall be entitled to set a reasonable grace period of at least a further 14 days in writing with the threat of refusal and, after its unsuccessful expiry, to withdraw from the delivery or service included in the contract or parts thereof. If the impossibility of delivery is due to the inability of the manufacturer or our supplier or if an item is sold out in the meantime, both we and the buyer may withdraw from the contract if the agreed delivery date is exceeded by more than 28 days. Claims for damages due to delay or impossibility or non-fulfillment, including those that have arisen up to the withdrawal from the contract, are expressly excluded, unless a legal representative of the seller has acted with intent or gross negligence.

5. right of return

We guarantee the right to return undamaged goods within 14 days. This right of return can also be exercised for goods that are not to your liking, but a processing fee of EUR 15.00 plus shipping costs there and back must then be accepted. If the goods are damaged when they arrive at the seller's premises and this has not already been requested by the buyer, the full delivery amount is due and the goods will be sent back at the buyer's expense. (Exception: transport damage according to point 6) The right of return is preserved by the timely dispatch of the goods 14 days after receipt, whereby the recipient must prove the actual receipt in order to preserve the right of return (e.g. postal confirmation). We will only accept a return if it has been sufficiently stamped.

6. damage

If a product has been damaged by the supplier, the recipient undertakes to notify the supplier of the damage immediately upon acceptance and to claim the insurance value including delivery costs there and back on the spot. If this urgency has been neglected, the right of return also expires. (see also point 7 Warranty). If you can already see from the outside that improper or rough transportation has caused damage, ONLY unpack the goods in the presence of the supplier and have any damage to the goods confirmed on the spot. Please also take photos of the damage! If this is not possible, do not accept the goods in case of doubt.

7. warranty

The seller warrants that the goods sold are free from material and manufacturing defects at the time of transfer of risk and have the contractually warranted characteristics. In the event of any defects (obvious or hidden), these must be reported to us in writing within 10 days of their discovery at the latest, otherwise the warranty for these defects shall lapse. The warranty is valid for 6 months after delivery or repair of the goods, provided it has been urged in writing within 10 days of this date. In the case of complaints, the date of purchase must be proven by means of an invoice and the time of receipt by the supplier. The item complained about must be returned with sufficient postage together with a copy of the invoice and proof of delivery, and the return delivery costs will then be credited to the new invoice in order to exclude an increase in price for the buyer through no fault of his own. The warranty does not cover damage caused by improper handling, normal wear and tear or framing by the buyer, or damage caused by rough handling by the supplier (see also point 6). The warranty expires as soon as the goods have been accepted and no damage has been reported to the supplier. Furthermore, the warranty expires if the customer modifies the delivered goods in any way. If a warranty is given, the seller has the right to rectify the defect free of charge during the warranty period. Partial or complete replacement of the item is permitted. If defects are not rectified within a reasonable period of time, the buyer is entitled to withdraw from the contract, cancel the contract or reduce the purchase price. Section 476a BGB applies.

8. collective order

Collective orderers receive a 5% discount in the form of items from our range for orders with a value of €600 or more. This credit must be explicitly requested by the bulk buyer and is not automatic. Such a credit note can also be retained and claimed together with other credit notes at a later date. Order processing and any returns are handled exclusively by the bulk buyer.

9. reservation of title

The goods shall remain the property of Galerie Seywald, Salzburg until payment has been made in full.

10. data storage

In accordance with § 28 of the Federal Data Protection Act (BDSG), we draw your attention to the fact that the data required for business transactions are processed and stored by means of an EDP system in accordance with § 33 (BDSG). Personal data will of course be treated confidentially. The customer hereby authorizes the seller to use his address data for sending newsletters and information on his own behalf by email and/or post until further notice.

11. place of jurisdiction

The place of performance and jurisdiction for both parties is the District Court of Salzburg, Austria. Austrian law shall apply exclusively.

Responsible for the content: Dr. Thomas Seywald - Galerie Seywald, Josef Kainz Straße 6, 5026 Salzburg, AUSTRIA, EU