§ 1 General Points
The commercial relationship between the company FLOWER24 SARL (hereinafter: “FLOWER24”) and the customer shall be regulated by the present terms and conditions. In addition, as far as the present contract does not provide for otherwise, the provisions of the Swiss Code of obligations will apply.
§ 2 Flowers
Flowers and plants are fresh products. This is why any information about color, shape and size, as well as any other picture on our online shop www.Flower24.ch, in our leaflets or in any other kind of advertisement, is purely indicative.
In order to guarantee the best possible quality to our customers, we accordingly also reserve the right to modify the products offered.
§ 3 Price
The prices of the products and services offered by FLOWER24 are in Swiss francs (CHF), VAT included (2,5% for flowers, 8% for delivery costs and gift items). The delivery costs are not included in the price. They depend on the customer’s choice at the time of placing the order.
§ 4 Orders
§ 5 Conclusion of the contract
1. The sales contract, including the present terms and conditions, is concluded between the customer and FLOWER24 by the customer placing an order on our online shop, by email or on the phone, and by FLOWER24 confirming the order by e-mail. If, exceptionally, a confirmation is not possible by email, FLOWER24 will confirm the order in writing.
2. FLOWER24 reserves its right to refuse an order, if it can be expected that the customer will not fulfill his/her contractual obligations, in particular in case of a previous breach of contract in relation with another sales contract.
§ 6 Payment terms
1. Purchase price and delivery costs are payable without any discount at the moment of the order and before the dispatch of the goods.
2. The payment is possible via credit card, postcard or, exceptionally, subject to FLOWER24’ approval, through settlement of a corresponding invoice. When the payment occurs with a credit card or postcard, the price will be charged to the customer at the moment of the confirmation of his/her order.
3. The goods to be delivered remain property of FORGAN until payment is complete.
4. A set-off will be accepted only if the corresponding customer's claim has been confirmed by FLOWER24 or if such claim has been finally established in court
5. In case of a delay in paying an invoice, FLOWER24 is authorized to suspend all deliveries to the customer until all its open claims are paid. All the consequences resulting from such delivery stop are at the customer’s expenses. In case of late payment, FLOWER24 reserves its right to bill administrative costs amounting to 10.00 CHF per reminder. If an invoice remains outstanding after a first reminder, FLOWER24 will send a last one, which will be charged again at a price of 10.00 CHF. Following such last reminder, FLOWER24 may start a debt collection procedure. The costs of such proceedings will be at the customer’s expense.
6. Forms of Payment via BillPay
6.1. Purchase on account
When purchasing on the account, the amount invoiced should be transferred to the account of our external partners by the calendar day indicated on the bill [Link to https://www.billpay.de/ch/endkunden-ch/ ] . The purchase on the account does not apply to all offers and requires a successful credit check performed by Billpay GmbH. Concluding the credit check of an order, if the customer is approved to purchase on the account, then the payment will be processed in cooperation with Billpay GmbH, to whom we transmit our payment claims to after the completion of a sales contract. As payment on the account via Billpay, we remain responsible for general customer enquiries (e. g for goods, delivery time, dispatch), returns, complaints, withdrawal statements and withdrawal submissions or crediting. The General Terms and Conditions [Link to https://www.billpay.de/ch/datenschutz-en/ ] of Billpay GmbH apply.
In the event that you do not fulfill your payment obligations, following the lapse of your payment period and without any further notice you will land in default and the default interest of 8% will be due. Billpay reserves the right to charge per payment reminder a reminder fee of up to CHF 30.00 as well as additional fees, in particular the costs of a possible debt collection process. In addition, Billpay may, in the future, refuse providing payment methods for contracts of sales, including those with other merchants. The General Terms and Conditions [link to https://www.billpay.de/ch/datenschutz/] of Billpay GmbH apply.
6.2. Limitation of ownership; Compensation; Right of retention
6.2.1. For consumers, we reserve the right of ownership for purchased item until the bill is fully paid. If you are an entrepreneur in the midst of trade or self-employed, a legal individual under public law or public sector fund, we retain ownership of the purchased item until all outstanding claims from the business transactions with you have been settled. The relevant security rights can be transferred to third parties.
6.2.2. A right of compensation is only available to you, if your counterclaims are established legally or recognized or accepted by us. Additionally, you only have a right of retention, so long as your counterclaim is based on the same contract.
6.2.3. If the customer has any remaining default payments due to us, all existing receivable are due immediately.
§ 7 Delivery
1. The delivery is carried out in Switzerland and Liechtenstein, to the address specified by the customer.
2. In case of deliveries in hospitals or hotels, FLOWER24 will expect the customer to provide the number of the room. FLOWER24 will not be liable for late deliveries, should it not receive this information.
3. The customer shall be responsible for any impossibility to deliver an order or for a late delivery if the customer has provided FLOWER24 with incorrect contact details. The same applies if the delivery is impossible due to the absence of the addressee.
4. FLOWER24 excludes any liability for late or failed deliveries due to service providers or subcontractors. In such cases, FLOWER24 will be fully released by assigning its rights against such service providers and subcontractors to the customer.
5. In the case of an anonymous delivery, FLOWER24 reserves its right to reveal the name of the customer to the addressee if the latter asks for it.
6. FLOWER24 determines the delivery route. Unforeseen circumstances or events that are out of its control entitle FLOWER24 to reasonably extend the delivery period. This shall also apply when such unforeseen circumstances or events are related to a subcontractor or service provider.
7. FLOWER24 is entitled to make partial deliveries in the case of combined orders (generally flowers plus other gift items). The additional costs resulting from such partial deliveries shall not be billed to the customer. If the customer wishes to order several bunches of flowers, he/she will, however, have to place an individual order for each bunch.
8. Deliveries will only take place on working days, from Monday to Saturday. There shall be no deliveries on Sundays and public holidays. The customer may check the website www.feiertagskalender.ch for more information about public holidays in Switzerland, region by region. Should the delivery fall on a public holiday, it will be extended to the following working day, any liability of FLOWER24 for such late delivery being excluded.
9. Bunches can be ordered up to one month before their delivery. You will find our fastest delivery periods by choosing the link: “delivery”.
10. The customer shall make sure that the addressee is able to receive the goods the day of the delivery. If the delivery fails, the addressee will receive a note indicating where and when the goods may be withdrawn. Besides, section 7.3 above applies.
11. Immediately after the dispatching of the goods, the customer will receive by e-mail a number (Track&Trace) that enables him/her to follow the order at any time.
§ 8 Warranty
1. FLOWER24 is only responsible for direct damage on the goods and only provided that the customer proves that FLOWER24, its auxiliaries or third parties mandated by FLOWER24 have caused this damage intentionally or by gross negligence. This liability is limited to the delivery price or to the price of the service in question. Section 7 above remains reserved.
2. The customer shall request the addressee to check the goods immediately at receipt. The customer will have to inform FLOWER24 in writing or by email about any damage or defects within 24 hours following the delivery. Failing that, FLOWER24 will consider that the goods have been accepted as they have been delivered. The risks of the transport will pass on to the customer with the handing over of the goods to Swiss Post. The addressee shall not be party to the contract, unless he/she has placed the order himself/herself. Accordingly, claims raised by addressees shall be nil and void.
3. FLOWER24 secures a five day freshness guarantee on its products. Any claim in that respect shall be addressed to FLOWER24 immediately in writing or by email. Failing that, any liability of FLOWER24 is excluded.
4. It is up to the customer to evidence an alleged late delivery, defect or damage.
5. If FLOWER24 is liable for a late delivery, it will reimburse the customer with the delivery costs. Considering their nature, the flowers shall remain with the customer, without any right for the customer to give them back.
6. In case of other defects or of another damage, the customer may chose between the reimbursement of the value of his/her order, including delivery costs, or the delivery, by FLOWER24, of a new bunch of flowers in the value of the defective one.
7. FLOWER24’s liability shall be excluded, if the addressee refuses the delivery.
§ 9 Cancellation of an order
1. Any order may be cancelled until 2 working days preceding the delivery. The number of the order must be communicated to FLOWER24.
2. Orders have to be cancelled with FLOWER24 by email or on the phone
3. Any later cancellation entitles FLOWER24 to charge the value of the order, save delivery costs.
§ 10 Changes of an order
1. Any order may be modified by email or by phone until 2 working days preceding the delivery. The number of the order must be communicated to FLOWER24
2. The costs of such changes will be charged to the customer.
§ 11 Prohibition of any commercial use of FLOWER24’s products and services
1. Any commercial use of FLOWER24’s products and services, in particular any resale of such products and services to third parties, is subject to FLOWER24’s prior written (including per email) approval.
2. Anyone using FLOWER24’s products and services commercially in the sense mentioned above without having obtained FLOWER24’s prior written approval, shall be liable toward FLOWER24 for any resulting damage, including, in particular, the profit FLOWER24 would have made, had it delivered the products and services itself, directly.
§ 12 Data protection
Any data relative to the customers are treated confidentially and only transmitted to third parties in order to carry out the order.
FLOWER24 will not use personal date for any commercial purposes..
FLOWER24 will not store any data in relation with payments made by credit card or Postcard in its system. FLOWER24’s partner in charge of payment execution guarantees a highly secured Internet payment procedure. All solutions are certified in accordance with the international standard for payment security: Payment Card Industry Data Security Standard (PCI DSS)
Click here to get more information about data security.
§ 13 Youth protection
1. In accordance with the relevant statutory provisions, the sale of alcoholic beverages such as wine and beer to persons under 16 years and of spirits to persons under 18 years is prohibited. With his/her order the customer accepts these provisions and confirms that he/she is authorized to purchase such beverages.
§ 14 Language
The present terms and conditions have been translated from French into German and English. In case of discrepancies, the original French version shall prevail.
§ 15 Applicable law and place of jurisdiction
1. Swiss law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, shall exclusively be applicable to the relations between FLOWER24 and the customer,.
2. Parties agree on the exclusive competence of the courts in Lausanne.
Penthaz, November 2014.