Article 1 : Definition and scope
This document (General Terms and Conditions of Sale) defines the terms and conditions applicable to sales made between persons making a purchase via the website http://www.daily-flowers.ch, hereinafter referred to as "l'acheteur" and LesFleurs.ch Daily-flowers.ch Sàrl, hereinafter referred to as "Daily-flowers".
Article 2 : Application and enforceability of the general terms and conditions of sale
The fact of placing an order implies full and unreserved acceptance by the buyer of these general terms and conditions of sale.
Any contrary condition imposed by the buyer shall, in the absence of express acceptance, not be enforceable against Daily-flowers regardless of the time at which such may have been brought to its knowledge.
The fact that Daily-flowers does not take advantage of any of the present general terms and conditions of sale at any given time may not be interpreted as a waiver of any of these conditions at a later date.
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared to be invalid or unenforceable under a law, a regulation or as a result of a final decision of a competent court, the other provisions shall retain all their strength and scope.
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared to be invalid or unenforceable under a law, a regulation or as a result of a final decision of a competent court, the other provisions shall retain all their strength and scope.
Article 3 : Orders
It is the buyer's responsibility to ensure the accuracy of the delivery address and all delivery information.
Daily-flowers could not be held responsible in case of delay, non-delivery, non withdrawal of the goods in case of error in the wording of the recipient's details.
In case of refusal of the goods by the recipient, of return for non-withdrawal, of untraceable recipient or closed company, the order will be considered as realized and delivered and does not give any right to a refund.
The goods remain at the disposal of the customer 7 working days in our warehouses after return by the delivery company.
In the event of a second delivery request, each additional shipment will be invoiced additionally at the same conditions as the first one.
As soon as the price has been paid by the buyer, the orders are considered final and after shipment, any modification or request for reimbursement of the order will not be taken into consideration. Except in case of withdrawal as mentioned in Article 6.
Product offers are valid within the limits of available stocks. In case of stock shortage, Daily-flowers will contact the buyer and suggest a product offering similar characteristics in terms of size and quality to the product initially ordered.
Article 4 : Product prices
The prices of the products are be stated in CHF and include all taxes. They take into account the VAT and any reductions applicable on the date of the order. Product prices do not include shipping costs (packing board and transport). The amount of the delivery costs shall be specified on the order form before validation of the sale. The products shall be supplied at the price in effect at the time of placing the order.
The products shall be supplied at the price in effect at the time of placing the order.
The price shall be paid in cash when the order is taken.
Article 5 : Total security of payments
Daily-flowers ensures the total security and flexibility of payments made online or by phone, debit card or credit card through its payment system entrusted to a service provider specialising in securing payments. Daily- flowers guarantees the total confidentiality of your banking information, which is secured by the SSL protocol, which automatically verifies the validity of access rights when you pay by credit card and encrypts all exchanges in order to guarantee confidentiality. We do not know or retain any information about your debit/credit card.
Article 6 : Delivery
Deliveries shall be made by Swiss Post in case of absence, by notice of availability (see below for the conditions depending on the nature of the ordered product), or by placing the package in front of the recipient's door in a safe location.
The buyer is informed and accepts that the delivery may not be made at a specific time.
Daily- flowers may not in any case be held liable for a delay in delivery due to a cause beyond its control, in particular in case of inclement weather, disaster, strike, force majeure, incomplete or imprecise contact details of the recipient or the customer , and absence of the recipient.
6.1 Terms of delivery
- Overnight carriage by Swiss Post for Switzerland and Liechtenstein:
- Any order placed before 4pm between Monday and Friday shall be delivered on the next day.
- Orders placed before 4pm on Friday shall be delivered on Monday.
- Orders placed before 4pm on Monday 4 shall be delivered on Tuesday. - In case of absence of the recipient, the deliverer shall deposit a non-delivery notice in the recipient's letterbox or place the parcel in front of the recipient's door in a safe location.
- Our server calculates the nearest delivery date and time for each order. You may, of course, choose a date of up to 45 days later for most of our bouquets.
6.2 Delivery of your order.
Delivery times are stated as accurately as possible.
Exceeded delivery times shall not give rise to compensation for damages.
In the event of absence of the recipient:
The deliverer shall be authorised to deposit the parcel without a signature but only in a safe location. In the contrary case, the deliverer must inform the recipient of the attempted delivery by way of a non-delivery notice deposited in the recipient's letterbox. The parcel shall be delivered to the nearest post office agency as soon as possible.
The buyer may claim a full refund of the order if the delay is greater than the times stated below:
- 48 hours for a bouquet of flowers
Finally, if the product has not been delivered for any reason other than due to a case of force majeure, the sale may then be cancelled and the purchaser may obtain restitution of the price excluding any other compensation for damages.
The following shall be considered cases of force majeure releasing Daily-flowers from its obligation to deliver: war, riot, fire, strike, accident, restrictions on traffic and the impossibility of being supplied.
Daily-flowers shall inform the buyer of the case and events listed above in a timely manner.
In any case, timely delivery may only take place if the buyer is up to date with his obligations in respect of Daily-flowers.