Terms and Conditions
1. Area of application
For all business relationships (including consultations and other services) between the Blumen Au Bouquet AG (hereinafter referred to as COMPANY) and the customer, following terms and conditions apply (subsequent “terms and conditions”) in their version valid at the time of the order. Deviating conditions only apply if and insofar as they have been confirmed in writing.
The current and binding version of the terms and conditions are published on www.aubouquet.ch
The offers on the website www.aubouquet.ch are purely informative and therefore not binding. Changes in price and assortment remain reserved. Flowers are seasonal products and therefore the full selection is not always available. After placing an order (personally, by fax, by e-mail, by phone, by internet), the contract between customer and shop is only concluded after the goods have been delivered or the order has been confirmed by Au Bouquet.
Unless otherwise specified in the offer, Au Bouquet shall remain bound to it for 30 days from the date of issue. Signing a separate contract or the written acceptance of the offer concludes the contract. If additional costs for Au Bouquet are connected with later orders/contract changes, the customer will carry these according to the then valid terms and conditions of the Blumen Au Bouquet AG.
Price adjustments for products and services might apply at any time as flower prices are by nature subject to seasonal and regional fluctuation. Only the prices stated in the order confirmation or in the shop apply.
The customer may be charged for any costs, if previously made orders are changed of cancelled.
Payments by invoice must be paid net within thirty (30) days of the invoice date. The shop reserves the right to deliver to new customers or, in justified individual cases, against cash on delivery or advance payment.
In the event of late payment or deferral, the shop is entitled to charge interest at the statutory rate, but at least 5% p.a. as well as reminder fees of CHF30 per case; the assertion of further costs remains reserved. Depending on the creditworthiness, the subject matter of the contract and the contract volume, the shop reserves the right to request a different method of payment or additional insurance for the advance payment. Au Bouquet is entitled, at its sole discretion, to demand advance payment or other security.
Until full payment of the purchase price, products remain the property of Au Bouquet and may neither be pledged nor assigned as collateral.
The customer is obliged, if the goods have not yet been paid, in case of seizure, as well as any damage, or a third party access to the goods, to notify Au Bouquet immediately. The customer undertakes to immediately inform the third party of Au Bouquet’s ownership status.
In the event of breach of contract by the customer, we are entitled , in particular in the case of default in payment, to withdraw from the contract and to demand the goods.
The indication of delivery times and dates is non-binding. If no specific deliver date has been expressly agreed, Au Bouquet will deliver at its discretion.
A timely and orderly delivery requires the customer to provide correct address information. Any liability for any delays or non-deliveries due to incomplete or incorrect addresses is excluded. For hospital deliveries, department and room number should be indicated where possible. For hotel deliveries, room number and name is required.
If the recipient is not present at the delivery address, the shop is authorized to deliver the goods to a third party who is suitable for forwarding to the recipient.
Damage claims of the customer due to non-delivery or delayed delivery by contractors of the company, breakdowns and events of force majeure are excluded and may entitle Au Bouquet to extend the delivery period and/or cancel the delivery obligations.
The delivery of products by Au Bouquet is at the expense and risk of the customer. Damages must be reported upon receipt of goods.
Complaints concerning the execution and quantity of the delivery must be made in writing to Blumen Au Bouquet AG within 5 days after receipt of the goods. After this time the service is deemed to have been approved.
6. Supply problems
In case of unanticipated unavailability of the ordered goods, Au Bouquet reserves the right to deliver equivalent other goods.
7. Deliveries for events
Deliveries for special occasions/events are carried out according to the respective order confirmation.
The shop guarantees a minimum durability of 5 days for fresh cut flowers, provided the customer tends to them accordingly and provides them as per watering instruction of Au Bouquet. For other deliveries and services any liability is excluded, unless the fault lies with Au Bouquet.
9. Place of jurisdiction and applicable law
Swiss law is applicable. Place of jurisdiction is the registered head office.