Terms and Conditions

1 General

The business relationship between FLOWER24 GmbH (hereinafter referred to as “FLOWER24”) and the customer shall be governed by the present contractual terms and conditions. In addition, the provisions of the Swiss Code of Obligations shall apply. For the sake of simplicity, the term “orderer” or “customer” is used below only in its masculine form. FLOWER24 thanks its loyal female customers for their understanding.

2 Flowers

Flowers and plants are fresh seasonal products. All color, shape and size specifications as well as the pictorial representations on our website www.Flower24.ch, on brochures and other advertising materials are in this respect only to be understood as examples.

In order to provide our customers with the best possible quality, FLOWER24 therefore reserves the right to offer products that deviate from these.

3 Price

The prices of the products and services of FLOWER24 are shown in Swiss francs (CHF), including value added tax (2.5% for flowers and 8.0% for shipping costs and gift items). The costs of transportation are not included in the prices. They depend on the choice of the customer at the time of his order.

4 Order

Orders can be placed online in the webshop, by e-mail or by telephone.

5 Conclusion of contract

(1) The contract between the customer and FLOWER24, which is subject to the present General Terms and Conditions, shall be concluded by the fact that the customer concludes the order entered by him in the web store and FLOWER24 accepts this offer by confirmation by e-mail. If, exceptionally, an order confirmation by e-mail is not possible, FLOWER24 shall send such confirmation to the orderer in writing by mail.

(2) FLOWER24 reserves the right to refuse delivery if it can be assumed that the customer will not properly fulfill his contractual obligations, especially if there has been a bad performance by the customer in the context of a previous contract.

5.2.1 In the case of consumers, we retain ownership of the purchased item until full payment of the invoice amount.

invoice amount. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we shall retain title to the purchased item until all outstanding claims from the business relationship with the customer have been settled.

business relationship with the customer. The corresponding security rights are transferable to third parties.

5.2.2 You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

5.2.3 If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.

6 Delivery

1) delivery shall be made to the delivery address in Switzerland and Liechtenstein specified by the customer.

2) in the case of deliveries to a hospital or hotel, the purchaser must state the room number. If this information is missing, FLOWER24 excludes any liability for delayed delivery. 3.

3) if due to incorrect information of the customer a delivery of the consignment cannot be made or only with delay, the customer shall be liable. FLOWER24’s liability is also excluded if the delivery cannot be made due to the absence of the recipient.

4) 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 its possible claims against the partner company or subcontractor for its full discharge.

5) If an anonymous delivery is requested, FLOWER24 reserves the right to disclose the name of the customer upon request of the recipient.

6) the dispatch route is determined by FLOWER24. Unforeseen obstacles to delivery, which are beyond the influence of FLOWER24, entitle FLOWER24 to reasonably extend the delivery period. This shall also apply if the obstacles to delivery occur at partner companies or subcontractors of FLOWER24.

7) FLOWER24 is entitled to make partial deliveries when ordering combined products (usually flowers plus gifts). Additional costs arising from this shall not be charged to the orderer. If, however, the Orderer wishes to order several bouquets of flowers, one order must be placed per bouquet.

8) deliveries are made from Monday to Saturday. No delivery will be made on Sundays and federal or cantonal holidays at the place of delivery. All regional Swiss public holidays can be viewed at www.feiertagskalender.ch. If the requested delivery date falls on a Sunday or public holiday, the delivery will be made on the next possible working day, without FLOWER24 being held liable for a late delivery.

9) flower bouquets can be ordered up to 1 month before the delivery date. More information about the shortest possible delivery dates can be found on our website under the heading Shipping.

10) the customer must ensure that the recipient can receive the ordered goods on the day of delivery. If this is not the case, a message will be left in the recipient’s mailbox stating where and within what period the goods can be collected. In all other respects, article 7.3. shall apply.

11) FLOWER24 shall send the customer a tracking number (Track&Trace) by email immediately after the goods have been dispatched, which allows the delivery of the order to be traced. If, exceptionally, information by email is not possible, the corresponding shipment number shall be communicated to the orderer by telephone upon request.

7 Warranty

1. FLOWER24 shall only be liable for direct damage and only if the customer proves that this damage was caused by gross negligence or intention of FLOWER24, its auxiliary persons or the third parties commissioned by FLOWER24. The liability is limited to the price of the respective delivery or service. Article 7 hereof remains reserved.

2. the customer has to ask the recipient to check the goods immediately after receipt. The customer must notify FLOWER24 of any damage or defects in writing or by email within 24 hours of delivery. Any complaint must be made within this period, otherwise it will be assumed that the goods have been approved. The risks of the delivery are transferred to the customer when the goods are handed over to the post office. The recipient, who is not himself the customer, is not a party to the contract. His possible complaints shall remain irrelevant.

FLOWER24 grants a freshness guarantee of 5 days for its products. If this guarantee is not respected, the customer shall notify FLOWER24 immediately in writing or by email. If this procedure is not respected, any liability of FLOWER24 is excluded. 4.

4. the proof of any delay, defect or damage is incumbent on the customer.

5. in case of late delivery, for which FLOWER24 is liable, FLOWER24 will refund the shipping costs to the customer. On the other hand, the flowers as perishable goods shall remain with the orderer, without the possibility of refund.

6) In case of any other defect or damage, the Buyer may choose between the refund of the value of his order, including shipping costs, or the shipment, at the expense of FLOWER24, of a new bouquet corresponding to the value of the defective bouquet.

7. if the recipient refuses the delivery, any liability of FLOWER24 is excluded.

8 Cancellation of the order

1. every order can be cancelled until 2 working days before the desired delivery, 12.00 o’clock. It is mandatory to communicate the order number.

2. the cancellation has to be sent to FLOWER24 by email or phone.

If the above cancellation deadline is not met, the customer shall owe FLOWER24 the value of the order, excluding shipping costs.

9 Modification of the order

1. every order can be changed until 2 working days before the desired delivery, 12.00 o’clock, by email or telephone. It is obligatory to communicate the order number.

2. the costs of the change of the order will be charged to the customer.

10 Prohibition of commercial use

1. any commercial use of FLOWER24’s products and services, in particular resale to third parties, is only permitted with FLOWER24’s prior consent, either in writing or by email.

2. whoever uses FLOWER24’s products or services commercially in the above sense without FLOWER24’s written consent (or without consent by email), shall be liable to FLOWER24 for damages. The corresponding damage includes in particular the profit that FLOWER24 would have made if it had acted directly itself.

11 Data protection

The personal data of the customer shall be treated confidentially by FLOWER24. They shall be disclosed to third parties only in order to execute the order.

12 FLOWER24 will not use personal data for commercial purposes in any case.

Data related to payment with credit cards or PostFinance card will not be stored on FLOWER24’s system. FLOWER24’s partner in charge of the payment process guarantees a payment via internet of the highest possible security. All solutions are certified according to the current international Payment Card Industry Data Security Standard (PCI DSS).

Further information on data protection can be found here.

13 Protection of minors

In accordance with the relevant legal provisions, it is prohibited to sell alcoholic beverages to persons under the age of 16 and spirits to persons under the age of 18. By placing his order, and insofar as it includes alcoholic beverages, the customer accepts these provisions and confirms that he is authorized to purchase.

14 Language

The present General Terms and Conditions have been translated into German and English. In case of discrepancies, the original French version shall prevail.

15 Applicable law and place of jurisdiction

1) Between FLOWER24 and the customer, Swiss law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

2. in the event of a dispute, an exclusive place of jurisdiction in Lausanne is agreed.

Penthaz, November 2014