General Terms and Conditions with Customer Information

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Prices and Payment Terms
  4. Delivery and Shipping Conditions
  5. Liability for Defects
  6. Redemption of Promotional Vouchers
  7. Redemption of Gift Vouchers
  8. 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.

Last updated: 31.10.2025, 06:35:26

Terms of service

§ 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

Orders may be placed through our online shop (www.flower24.ch), sent by email (service@flower24.ch) or communicated by phone.

§ 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 parcel is deposited, it is deemed to have been delivered. The delivery conditions of the respective transport company apply. A liability of Flower24 for subsequently stolen parcel is excluded.

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.  

§ 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.

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.