AGB - Fashion Flower

General Terms and Conditions (GTC) of Fashion Flower GmbH

1. scope

The following General Terms and Conditions (GTC) apply to all orders placed via our website. The offer on this website is directed exclusively at consumers domiciled in Switzerland (hereinafter "Customer").

A consumer is a natural person who has a business relationship with Fashion Flower GmbH that cannot be attributed to his or her commercial or independent professional activity. Orders in quantities that are not customary in the trade can be rejected without justification.

Fashion Flower GmbH reserves the right to change these GTC at any time. The version of these GTC valid at the time of the order shall be authoritative in each case, which cannot be unilaterally changed for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized.

The operator of this website is Fashion Flower GmbH(Link Imprint)

2. information on this website

Fashion Flower GmbH contains information about products and services. Price and product range changes as well as technical changes are reserved. All information on www.fashion-flower.ch (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are for illustrative purposes and are to be understood as approximate values and are not binding. In particular, they do not represent any assurance of properties or guarantees, unless it is explicitly stated otherwise. Fashion Flower GmbH makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clearly arranged, but Fashion Flower GmbH can neither expressly nor implicitly guarantee this.

All offers on this website are subject to change and are not to be understood as a binding offer.

Fashion Flower GmbH cannot guarantee that the listed products are available at the time of order. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.

3. prices

The sales prices stated on Fashion Flower GmbH represent wholesale prices and, unless otherwise stated, do not include the statutory value-added tax and any other statutory levies such as advance recycling fees (VRG) or copyright levies for electronic devices. Prices are quoted gross in Swiss francs (CHF).

Any shipping costs will be charged additionally, unless otherwise provided for, and are to be paid by the customer. Shipping costs are shown separately in the order process.

Technical changes, errors and misprints are reserved. In particular, Fashion Flower GmbH may make price changes at any time without prior notice. Consulting and support services are not included in the sales prices.

4. conclusion of contract

The products and prices on this website are considered non-binding offers.

With the order via this website including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. Fashion Flower GmbH will then send an automatic order confirmation by email, which confirms that the customer's offer has been received by Fashion Flower GmbH. Placed orders are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.

The contract is concluded as soon as Fashion Flower GmbH sends a declaration of acceptance by email, in which the shipment of the ordered products or services is confirmed.

Orders will only be delivered after full payment has been received (exception: delivery against invoice) and if the goods are available. If it turns out that the ordered goods cannot be delivered or cannot be delivered completely, Fashion Flower GmbH is entitled to not or only partially accept or execute the order. In such a case Fashion Flower GmbH will inform the customer by email. If the customer's payment has already been received by Fashion Flower GmbH, the payment will be refunded to the customer. If no payment has been made yet, the customer will be released from the payment obligation.

5. payment options and retention of title

The customer has the payment options specified in the order process.

Fashion Flower GmbH reserves the right to exclude customers from individual payment options or to insist on prepayment without giving reasons.

Fashion Flower GmbH may charge default interest of 5% per year and a reminder fee of maximum CHF 20 per reminder if the customer is in default of payment.

The products delivered to the customer remain the property of Fashion Flower GmbH until full payment.

6. delivery, obligation to inspect, notice of defects and return

Deliveries are sent by mail or delivery service to the address specified by the customer in the order.

Fashion Flower GmbH endeavors to keep delivery times as short as possible. However, any delivery periods stated in the order confirmation are non-binding. Fashion Flower GmbH is entitled to make partial deliveries. In this case, the shipping costs will be charged to the customer only once.

The dispatch of the invoice, as far as delivery against invoice is offered, takes place after choice of Fashion Flower GmbH by email or on the post office way.

If the delivery cannot be delivered or if the customer refuses to accept the delivery, Fashion Flower GmbH can cancel the contract after notifying the customer by email and granting a reasonable grace period, as well as charge the customer for the costs of the inconvenience.

The customer is obligated to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which Fashion Flower GmbH provides a warranty immediately in writing by letter or email to the address in the imprint(link).

Returns to Fashion Flower GmbH are at the expense and risk of the customer. The customer has to send the goods in original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address given by Fashion Flower GmbH imprint(link).

If the inspection by Fashion Flower GmbH shows that the goods have no detectable defects or that they are not covered by the manufacturer's warranty, Fashion Flower GmbH may charge the customer for the effort, the return shipment or the possible disposal.

7. right of withdrawal

The customer is granted a right of withdrawal for 10 calendar days after receipt of the goods. The deadline is considered met if the customer sends the written revocation by email or letter (address according to imprint, link) to Fashion Flower GmbH within the deadline. The revocation does not require any justification.

The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 10 calendar days in their original packaging, complete with all accessories and together with the delivery bill to the return address specified by Fashion Flower GmbH in the imprint(link). Returns to Fashion Flower GmbH are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days, provided Fashion Flower GmbH has already received the goods back or the customer can provide proof of shipment.

Fashion Flower GmbH reserves the right to demand reasonable compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.

No right of withdrawal is granted in the following cases:

For perishable products (especially cut flowers of any kind).
If the contract has an element of chance, namely because the price is subject to fluctuations over which the provider has no control;
If the subject of the contract is a movable item which, due to its nature, is not suitable for return or may spoil quickly;
If the subject of the contract is a movable item that is manufactured according to the customer's specifications or clearly tailored to personal needs;
If the subject matter of the contract is digital content and such content is not provided on a fixed data carrier or if the contract is to be performed in full by both contracting parties immediately;
If the subject of the contract is a service and the contract is to be fully performed by the provider with the prior express consent of the customer before the withdrawal period has expired.
In the areas of accommodation, transportation, delivery of food and beverages, and recreational activities, if the provider undertakes at the conclusion of the contract to provide the services at a specific time or within a specified period.

8. warranty

Fashion Flower GmbH strives to deliver goods in perfect quality.

Fashion Flower GmbH it is not possible to give assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, it is neither assured nor guaranteed that the use of the website does not violate the rights of third parties not owned by Fashion Flower GmbH.

9. liability

Fashion Flower GmbH excludes any liability, regardless of its legal basis, as well as claims for damages against Fashion Flower GmbH and against any auxiliary persons and vicarious agents. Fashion Flower In particular, GmbH shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer. Any further mandatory legal liability, for example for gross negligence or unlawful intent, shall remain reserved.

Fashion Flower GmbH uses hyperlinks only for the simplified access of the customer to other web offers. Fashion Flower GmbH can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.

10. data protection

Fashion Flower GmbH may process and use the data recorded in the course of the conclusion of the contract for the fulfillment of the obligations arising from the purchase contract and for marketing purposes. The data necessary for the fulfillment of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.

The data protection provisions are available in detail at the following link:
Data protection - Fashion Flower (fashion-flower.ch)

11. division invalidity

Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

12. further provisions

Fashion Flower GmbH expressly reserves the right to change these GTC at any time and to put them into effect without notice.

In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction is 3960 Sierre, Switzerland.