General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Liability for Defects
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law, Place of Jurisdiction
1) Scope
1.1 These Terms and Conditions of Beate Giaquinto, trading under “Flower24” (hereinafter referred to as the “Seller”), apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller relating to the goods and/or services presented by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur within the meaning of these Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.
1.3 These Terms and Conditions shall also apply to contracts for the supply of vouchers, unless expressly provided otherwise.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after entering their personal data, the Customer submits a legally binding contractual offer in relation to the goods and/or services contained in the shopping cart by clicking the button that concludes the order process.
2.3 The Seller may accept the Customer’s offer within five days by:
- sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after submission of their order.
If several of the above alternatives occur, the contract is concluded at the time when one of the above alternatives first occurs. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, and the Customer shall no longer be bound by their declaration of intent.
2.4 The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends at the end of the fifth day following the dispatch of the offer.
2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller and sent to the Customer after submission of their order together with these Terms and Conditions in text form (e.g., email, fax, or letter). In addition, the contract text is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected Customer account, provided the Customer created an account before submitting their order.
2.6 Before binding submission of the order via the Seller’s online order form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the binding submission of the order and can be corrected there as well.
2.7 The contract language is German.
2.8 Order processing and contact take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received. In particular, the Customer must ensure that, when using spam filters, all emails sent by the Seller or third parties commissioned with order processing can be delivered.
3) Prices and Payment Terms
3.1 The prices stated by the Seller include the statutory value-added tax and other price components. Any additional delivery and shipping costs will be stated separately in the respective product description.
3.2 Various payment options are available to the Customer, as indicated in the Seller’s online shop.
3.3 If prepayment is agreed upon, payment is due immediately upon conclusion of the contract.
3.4 If payment on invoice is selected, the purchase price must be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to carry out a credit check and to refuse this payment method in the event of a negative result.
3.5 When selecting the payment method “PayPal”, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires that the Customer opens or already has a PayPal account.
3.6 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options: invoice and instant bank transfer. Payment is made to Klarna in each case. Further information and Klarna’s terms of use can be found here: https://www.klarna.com/ch/agb/
4) Delivery and Shipping Conditions
4.1 Goods are regularly delivered by dispatch to the delivery address specified by the Customer. The delivery address provided in the Seller’s order processing is decisive. In deviation from this, the delivery address stored by the Customer with PayPal at the time of payment is decisive for payments via PayPal.
4.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment.
4.3 The risk of accidental loss and accidental deterioration of the sold goods passes to the Customer upon dispatch of the goods or handover to the transport person.
4.4 Self-collection is not possible for logistical reasons.
5) Liability for Defects
The statutory liability for defects applies.
6) Redemption of Promotional Vouchers
6.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
6.2 Promotional Vouchers can only be redeemed by consumers.
6.3 Certain products may be excluded from the voucher promotion if specified on the Promotional Voucher.
6.4 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
6.5 Only one Promotional Voucher can be redeemed per order.
6.6 The value of the goods must at least equal the value of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
6.7 If the value of the voucher does not cover the total amount of the order, the remaining amount can be paid using one of the other payment methods offered by the Seller.
6.8 The credit of a Promotional Voucher will neither be paid out in cash nor bear interest.
6.9 The Promotional Voucher will not be refunded if the Customer returns goods paid for in full or in part with the voucher, provided such a right of withdrawal was agreed upon.
6.10 The Promotional Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the voucher in the Seller’s online shop, unless the Seller has knowledge of or grossly negligent ignorance of the holder’s lack of entitlement, incapacity, or lack of authority.
7) Redemption of Gift Vouchers
7.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.
7.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances are credited to the Customer until the expiry date.
7.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
7.4 Only one Gift Voucher can be redeemed per order.
7.5 Gift Vouchers can only be used for the purchase of goods, not for the purchase of additional Gift Vouchers.
7.6 If the value of the Gift Voucher does not cover the total amount of the order, the remaining amount can be paid using one of the other payment methods offered by the Seller.
7.7 The balance of a Gift Voucher will neither be paid out in cash nor bear interest.
7.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the voucher in the Seller’s online shop, unless the Seller has knowledge of or grossly negligent ignorance of the holder’s lack of entitlement, incapacity, or lack of authority.
8) Applicable Law, Place of Jurisdiction
8.1 If the Customer acts as a consumer, Swiss law shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the Customer’s place of residence.
8.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of residence or business.
§ Flowers
Flowers and plants are fresh seasonal products. All color, shape, and size specifications as well as the images displayed on our website www.Flower24.ch, in brochures, and other advertising materials are to be understood as examples only.
In order to deliver the best possible quality to our customers, FLOWER24 reserves the right to offer products that may differ from those shown.
§ Delivery
Delivery is made to the delivery address specified by the customer within Switzerland and Liechtenstein.
For deliveries to a company, hospital, hotel, or cemetery, the customer must provide the company name. If this information is missing, FLOWER24 accepts no liability for delayed delivery.
If, due to incorrect information provided by the customer, the delivery cannot be made or can only be made with delay, the customer is liable. FLOWER24 also assumes no liability if delivery cannot be made due to the recipient’s absence.
FLOWER24’s liability is excluded if another service provider or subcontractor is responsible for the delay or impossibility of delivery. In such a case, FLOWER24 assigns to the customer all potential claims against the partner company or subcontractor for its full release from liability.
The shipping method is determined by FLOWER24. Unforeseen delivery obstacles beyond FLOWER24’s control entitle FLOWER24 to extend the delivery period appropriately. This also applies if the delivery obstacles occur with FLOWER24’s partners or subcontractors.
Deliveries are made from Monday to Saturday. There are no deliveries on Sundays or on federal or cantonal public holidays at the delivery location. All regional Swiss public holidays can be viewed at www.feiertagskalender.ch. If the desired delivery date falls on a Sunday or public holiday, delivery will take place on the next working day, and FLOWER24 cannot be held liable for any delay.
The customer must ensure that the recipient is able to receive the ordered goods on the day of delivery. If the parcel is deposited, it is considered delivered. The delivery terms of the respective transport company apply. FLOWER24 is not liable for parcels stolen after delivery.
If the recipient refuses to accept the delivery, any liability of FLOWER24 is excluded.
§ Cancellation & Modification of Orders
Any order may be modified or cancelled up to 2 working days before the desired delivery date, by 12:00 noon. The order number must be provided.
Exceptions are Valentine's Day and Mother's Day, with a change period of up to 4 days before the delivery date.
Cancellations must be sent to FLOWER24 by email.
The costs of order changes are borne by the customer.
§ Language
These Terms and Conditions have been translated into French, Italian, and English. In case of discrepancies, the German original version shall prevail.