General Terms and Conditions




In the interest of readability, Fleurop-Interflora (Schweiz) AG is designated 'Fleurop' in the following, and the ordering party is designated ‘the customer’.

Flowers

Flowers are seasonal products. As a consequence, the full selection is not available at all times, neither at the retail florists nor in the Fleurop webshop.

The bouquets displayed online are appropriate to the particular season. As a rule, the range is changed six times a year. Please note that Fleurop cannot guarantee the displayed flowers will always be available at every Fleurop partner shop throughout Switzerland, especially if ordered at short notice. A Fleurop bouquet may therefore differ slightly from the displayed image. However, customers can be sure that every Fleurop bouquet is a floral arrangement composed just prior to delivery at one of the Fleurop partner shops, with every effort made to match the character and colours of the online image.

Prices

Flower prices are by nature subject to seasonal and regional fluctuations.

Some products are offered in various price categories. In these cases, the price of the product in the image is stated. If a higher or lower category is selected, the size of the bouquet changes accordingly, although the character and colours of the bouquet remain the same.

Fleurop applies the following service charge for order transmission and personal delivery:

  • For all orders in Switzerland (excepting express orders, see below), the service charge is CHF 19.80. Delivery is included in the service charge.

  • For all orders outside of Switzerland, the service charge is CHF 24.00. Delivery is included in the price of the flowers or plants.

VAT

VAT is included in all prices for deliveries in Switzerland. VAT is not charged on Fleurop floral greetings for delivery abroad.

Deliveries in Switzerland (and Liechtenstein)

Deliveries to all locations in Switzerland are guaranteed and delivery is effected on the requested day. Same-day deliveries in Switzerland can be guaranteed if the order is received by 15:00 Monday to Friday and by 13:00 on Saturdays. Deliveries at a specific time can only be guaranteed for funerals (express deliveries: see below).

Exceptions:

  • Legal restrictions mean that no deliveries can be made on Sundays and public holidays, subject to exceptions.

  • Deliveries to hospitals: some hospitals have rules about deliveries of flowers to their premises. Generally speaking, only bouquets can be delivered and not arrangements with earth or floral foam. If you have selected a product of the latter type, the Fleurop partner executing the order will deliver a bouquet in the desired colours and notify us so that we can inform you.

  • Orders for Mother's Day are generally delivered on the Saturday before Mother's Day.

  • When Valentine's Day falls on a Sunday, delivery of orders for 14 February may be made on the preceding Saturday (13 February). Fleurop is thus able to guarantee efficient execution of all Valentine's Day orders also in these exceptional years.

  • Special terms of delivery apply for individual remote locations and for locations that can only be reached by public transport (e. g. mountain railway, ferry service). As a consequence, in these rare cases Fleurop cannot guarantee that every delivery can be made fully as requested. In such cases, Customer Service will of course notify the customer as promptly as possible.

Fleurop Exact Delivery Time

The following conditions apply for Fleurop Exact Delivery Time orders:

  • Delivery times: Fleurop Exact Delivery Time orders can be placed for the following day or thereafter. The latest possible next-day order time is 17.00 from Monday to Friday and 14.00 on Saturdays. If ordered on weekends (Saturday after 14.00) the next possible delivery day is the following Tuesday. Exact Delivery Time orders can only be accepted for specific time windows. Order times: Monday to Friday from 9.00 to 17.30, Saturday 9.00 to 15.00. Lunchtime deliveries are not possible. The Fleurop Exact Delivery Time option is not available for peak sales days.

  • Delivery: Fleurop Exact Delivery Time orders will be delivered at the time specified by the customer, within a 30-minute time window. The guaranteed delivery time is communicated with the order confirmation (subject to credit assessment).

  • Guaranteed in more than 1,000 locations: Fleurop Exact Delivery Time is available and guaranteed in more than 1,000 locations in Switzerland. Orders for all other locations can only be delivered at the regular terms of delivery, i.e. the Fleurop Exact Delivery Time option is not available.

  • Exceptions: Exact Delivery Time orders for funerals are guaranteed at no additional charge. 

  • Abroad: Exact Delivery Time orders from and to addresses abroad are not possible.

  • Exact Delivery Time charge: the Exact Delivery Time charge is CHF 15.

Fleurop Express Service

The following conditions apply for the Fleurop Express Service:

  • Order times: Fleurop Express orders can only be placed at the following times (exception: high-volume days such as Valentine's Day): Monday to Friday from 08:00 to 17:00 / Saturday from 08:00 to 12:00.

  • Delivered within 90 minutes: With the exception of the noon period defined below, Fleurop Express orders will be delivered within 90 minutes of receipt of the order. Orders received between 11:00 and 13:00 will be delivered by 14:30 at the latest. The guaranteed delivery time is specified on the order confirmation (subject to credit assessment).

  • Guaranteed in more than 1,000 locations: The Fleurop Express Service is available and guaranteed in more than 1,000 locations in Switzerland. Orders for all other locations can only be delivered at the regular terms of delivery, i.e. no Fleurop Express Service is available.

  • Fleurop Express bouquets: A special selection of bouquets is available for Express Service orders. Other products cannot be ordered for Express Service delivery.

  • Express Service charge: An Express Service charge of CHF 38.00 applies.

  • Delivery instructions: Customers must specify at least one of the following options when placing a Fleurop order:

    The flowers

    • may be left with a third party (e. g. neighbour, reception desk).

    • may be left outside the recipient's front door.

    • should be kept for collection within 2 days at the Fleurop partner shop.

If the recipient is not present at the specified address when delivery is to be made, the Fleurop partner shop will leave an attempted delivery note.

If the preferred option is not possible, the Fleurop partner shop may fall back on one of the other options listed above. The chosen option will be noted on the attempted delivery note.
For funerals, specific delivery instructions may be written into the field for comments.

If the customer requests a second delivery, the service charge will be doubled.
If the bouquet cannot be delivered as a consequence of a longer absence of the recipient, the costs may be charged to the customer (maximum charge: order value).

Deliveries abroad

With its unrivalled worldwide network, Fleurop can organise delivery within hours in some 150 countries. Local aspects such as time differences shall be taken into consideration.
Whilst Fleurop guarantees delivery to all localities in Switzerland, there are addresses in other countries which we cannot serve, or for which we have to charge extra for delivery. If your order should, very unfortunately, be for one of these, our Customer Service will contact you as soon as possible by e-mail or telephone.

Delivery of Fleurop orders in Switzerland

It is in customer’s interest to make sure the recipient of the floral gift is at the specified address on the agreed delivery day. Fleurop cannot assume responsibility in this respect.
Delivery instructions: Customers must specify at least one of the following options when placing a Fleurop order:


Delivery options (only applicable in Switzerland)

If the recipient is not present at the specified address when delivery is to be made, the Fleurop partner shop will leave an attempted delivery note.

Please choose at least one of the following options:
(If the preferred option is not possible, the Fleurop partner shop may fall back on one of the other options listed above. The chosen option will be noted on the attempted delivery note.)
For funerals, please write your specific delivery instructions into the below field for comments.

The flowers

  • may be left with a third party (e. g. neighbour, reception desk).

  • may be left outside the recipient's front door.

  • should be kept for collection within 2 days at the Fleurop partner shop.

If the customer requests a second delivery, the service charge will be doubled (normal Service Fee of CHF 19.80).
If the bouquet cannot be delivered as a consequence of a longer absence of the recipient, the costs may be charged to the customer (maximum charge: order value).

Correct delivery address

It is in customer’s interest to make sure the specified delivery address and telephone numbers are correct and complete. Fleurop cannot assume any responsibility for delayed or failed deliveries due to incorrect or incomplete addresses. The following additional information can help us avoid delays so that the floral gift reaches the recipient as requested:

  • For hospital deliveries: ward and room number

  • For hotel deliveries: the guest’s name

If delivery cannot be made as a consequence of an incorrect or incomplete address, and if a second delivery is to be made to the corrected address in the same delivery area, the service charge to be paid by the customer will be doubled. If the second delivery is to be made outside of the original delivery area, the additional costs (maximum amount: order value) may be charged to the customer.

Confirmation of orders and deliveries

Shortly after placing an online order, customers will be sent an order confirmation e-mail containing the order number, information on the product purchased, price, delivery date and the addresses of the customer and the recipient of the floral gift.

Then, in the case of domestic orders, and as soon as we have transmitted the order to the delivery partner, we will notify the customer by e-mail as to which partner shop will make the delivery (as a rule, at the earliest 7 days before the delivery date). If delivery is to be made to an address outside of Switzerland, we will inform the customer once the order has been forwarded to the relevant national Fleurop-Interflora organisation.

Once delivery has been made to an address in Switzerland, the customer will receive an automatic delivery confirmation by e-mail or, if delivery is still pending, a delivery status notice.

Customers who receive neither an order nor a delivery confirmation are kindly requested to contact the Fleurop Customer Service.

Fleurop cannot accept liability for loss or damage arising from the ordering party's failure to provide the correct e-mail address, or if the order and delivery confirmation e-mails were not received for other reasons (spam filter, full mailbox, etc.). Fleurop may charge the customer for resultant multiple orders and incorrect deliveries.

Subsequent order changes or cancellations

If previously transmitted orders are changed or cancelled, the customer may be charged for any additional costs thus incurred (maximum amount: order value). Changes/cancellations after the order has been placed may be made up to 2 business days prior to the delivery date.

Default charges

Late payment costs
The payment term for orders on invoice is 10 days. Late payment will incur default charges as listed below:

  • Reminder charges
    1st reminder: CHF 10.00
    2nd reminder: CHF 20.00

  • Administration charge (collection agency)
    (80 days from the invoice date at the earliest, upon handover to collection agency)

     
Amount due in CHF

  Administration charge in CHF

Up to 19   37
Up to 59   58
Up to 399   145
Up to 999      225
Up to 1‘999   285
Up to 2‘999   385
Up to 4‘999   575
Up to 6‘999   685
Up to 9‘999   825
Up to 19‘999   1‘375
Up to 49‘999   2‘600
From 50‘000   6% of the amount due

Fairtrade roses with the Max Havelaar quality seal

In addition to a range of conventionally produced roses, Fleurop also delivers Max Havelaar roses to most locations in Switzerland. If Fairtrade roses are not available at the desired delivery destination, the Fleurop Customer Service will notify the customer accordingly. If Fleurop is unable to contact the customer, the floral greeting will be delivered with conventionally produced roses, on time and appropriately priced.

Legal restrictions on the sale of alcohol (protection of minors)

Swiss law prohibits the sale of alcoholic beverages to persons under the age of 16.

In placing an order, the customer confirms that the alcoholic beverage will not be used in any unlawful manner, and that both the customer and the recipient are at least 16 years of age.

The Fleurop MyCard Service

The MyCard Service offers customers the option of customising an accompanying Fleurop card by adding a personal photo, choosing font style and colour, and enhancing both the card and the envelope with a range of motifs.

The data and images supplied by customers are processed in an automated technical process with no preliminary manual inspection and correction by Fleurop. In uploading the files, customers confirm that they are legally entitled to distribute and duplicate the content contained in these files.

Customers guarantee that the content contained in the transmitted files does not violate applicable law, in particular

  • that the files transmitted to Fleurop do not contain any illegal content or incitement to criminal acts;

  • that no laws for the protection of minors or provisions of criminal law are violated;

  • that the material transmitted to Fleurop (in particular image and text files) does not infringe upon any copyrights, trademark rights, other third-party rights or general personal rights.

Customers grant Fleurop and the Fleurop partner shops a non-exclusive right of use of the transmitted data and images for the production of the print products.

Fleurop and the Fleurop partner shops are entitled, but not obligated, to examine the images and texts supplied by the customers for legal compliance. If Fleurop or the Fleurop partner shop should decide that the content infringes upon applicable law, Fleurop and/or the Fleurop partner shop shall be entitled to delete or block such content without prior notice, and to execute the order without the infringing text and image content and with no reduction in price. Fleurop and/or the Fleurop partner shop expressly reserve the right to report illegal content to the appropriate prosecution authorities.

Fleurop provides a high data security standard according to best available technology. However, backup of customers’ stored data and information is the exclusive responsibility of the customers; neither Fleurop nor the Fleurop partner shops provide a data backup service.

The images and texts supplied by the customers will be used by Fleurop and the Fleurop partner shops exclusively for the order fulfilment process.

The images and texts transmitted to Fleurop by the customers for the purpose of order fulfilment will not be returned by Fleurop or the Fleurop partner shops. They will be destroyed upon completion of the order.

Fleurop gift cards

Fleurop gift cards can be purchased online and at all Fleurop partner shops in Switzerland, and used online and at the partner shops. Fleurop gift cards remain valid for two years after activation. The gift cards cannot be exchanged for cash, neither in part nor in whole. Fleurop does not accept liability for lost, stolen or damaged gift cards.

Data protection

Data security in general

Fleurop guarantees its customers data privacy and security. By using the www.fleurop.ch website (including associated domains, sub-domains and mobile versions and applications (apps) from Fleurop – hereinafter referred to as "the website"), you consent to the use of your data in accordance with these provisions for data protection and accept the following privacy statement.

Fleurop will secure the website and other systems as well as all data submitted against unauthorised attacks with state-of-the-art security technology. 

The Fleurop website can be used without disclosing your identity. When you visit the website, Fleurop will store certain data in anonymised form (see "Use of cookies" and "Cookies from tool providers").

Fleurop can only provide data protection for its own websites, not for websites of third parties that are referred to by links on one of the Fleurop pages. Furthermore, no liability can be accepted for the security of data transmitted via the Internet.

Security of personal data

If you order products via the Webshop or register for the Newsletter, your name and other personal information will be requested. This information is transmitted in encrypted form using SSL (Secure Socket Layer) technology and cannot be read or reconstructed by unauthorised persons while being transmitted via the Internet. 

Address details and other personal information will be treated as confidential and only used within the order and applicable statutory data protection provisions, for example for the delivery of the order, the confirmation of the order and delivery, the invoice and for queries to the customer. It will also be used by Fleurop for subsequent contact by post, telephone, e-mail or text message (SMS) to inform you of new products and services and for market research purposes. Not least, personal information can be linked to usage data such as browser or cookie information (see "Use of cookies" and "Cookies from tool providers").

Fleurop will store personal data as long as is necessary for compliance with the applicable legislation. Fleurop will delete personal data as soon as it is no longer required, but always after the expiry of the prescribed statutory period for which it has to be kept. In addition, it will not pass on personal details collected for marketing purposes to third parties. 

Security of sensitive data during payments

The Fleurop Webshop meets the compliance requirements of credit card issuers. Fleurop will not at any time save credit card details, such as the customers' credit card numbers, expiry dates or CVVs. Credit card details will be checked, processed and stored through a certified service provider (Datatrans AG). The Fleurop Webshop meets PCI DSS (Payment Card Industry Data Security Standard) requirements in handling credit card transactions. 

Access to a customer account is only possible by entering a personal password. It is recommended to keep access information confidential and to close the browser window when a session with Fleurop has ended. The customer is responsible for how he or she handles access rights to his or her login data. This is subject to his or her own duty of care. Fleurop will not accept liability for any damage that may arise for the customer due to access by unauthorised persons to his or her ordering information.

If customers select the "Invoice" payment type, Fleurop reserves the right to carry out a credit check with a debt-collecting agency. The customer's first name, surname and address will be passed on for the purpose of checking his or her creditworthiness.

Newsletter 

Through the regular Fleurop Newsletter, customers and subscribers benefit from product recommendations and good deals and receive valuable information about decorative and home trends, events, care tips and much more. In addition, there are fantastic prizes to be won in competitions. If you no longer wish to receive the Newsletter, you can unsubscribe at any time free of charge by clicking on the weblink in every mailshot or by sending an e-mail to [email protected].

Right to information about stored data

According to the Swiss Federal Act on Data Protection, the user has the right to discover free of charge whether Fleurop has stored personal information about him or her and what that information is. In addition, he or she is entitled to have wrong information corrected or deleted. Statutory storage obligations remain unaffected. For security reasons, requests for information can only be made in writing and upon presentation of a copy of an official identification document. Requests for information must be sent to Fleurop (see "Contact" for the address). In addition, you have the possibility at any time of objecting to the future use of your personal data for marketing purposes. This may take some days to process.

Use of cookies

Fleurop uses anonymous session cookies on its website. These enable user-friendly management of the website and improve its performance. Cookies are also used for statistical purposes and to optimise the website offering. These session cookies are deleted immediately when the browser window is closed. They do not contain any personal details. In addition, Fleurop also uses tracking cookies, which remain stored on the user's computer or mobile device after a browser session is ended. These cookies serve to track the user's behaviour and to distinguish automatically whether he or she has, for example, purchased a product, taken part in a survey or clicked on information placed on the website. By this means, the user's future visits and purchases can be simplified and the offering tailored to his or her preferences to the best possible effect. Most browsers are set to accept cookies automatically. If you do not want cookies to be used or if you want to delete existing cookies, you can deactivate or remove them on your Web browser. This may, however, reduce the performance of the website and its use may become restricted or unavailable.

Cookies from tool providers

Fleurop uses a number of third-party tools to analyse website use, for example Google Analytics and Google Remarketing (referred to below as "tool providers"), that use cookies. The information generated by these cookies, including IP addresses, are transmitted to servers belong to the tool provider in question and stored there. These servers may be located outside Switzerland. The tool providers use this information to assess the use of the websites or mobile apps and, for example, to compile analyses about the activities on the website for Fleurop and to perform other services associated with the use of the website. In so far as prescribed by law or if third parties process this data on the tool provider's behalf, this information is passed on to third parties. However, it is used exclusively for Fleurop's market research. You can prevent the capture of the data generated by cookies and relating to the use of the website (including your own IP address) for Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at https://tools.google.com/dlpage/gaoptout?hl=en-GB. This may reduce the performance of the website and its use may become restricted or unavailable.

Social media plug-ins

So-called social media plug-ins (e.g. Facebook, Google+ and Twitter, hereinafter referred to as "the providers") may be used on the Fleurop website. When you call up the Fleurop website, the browser sets up a direct connection with the provider's server. If you are logged on to the provider at the same time, details of your visit to the Fleurop website can be transmitted. These may be assigned to the user's account (e.g. on Facebook). If you would like to prevent the provider from gathering data about you through the Fleurop website, you must log out of the provider before visiting the Fleurop website. Even when you are logged out, the providers gather anonymised data via the social media plug-ins using cookies. If you subsequently log on to the provider, these data may be assigned to the corresponding profile. You will find information on how the providers gather and use the data in the privacy notices of the websites in question.
If you do not want providers to gather information about you via these cookies, you can select "Block third-party cookies" in your browser settings. In this case, however, the performance of the website may be reduced and its use may become restricted or unavailable. 
The sole legal basis of this privacy notice is the Swiss Federal Act on Data Protection. Fleurop reserves the right to adapt this privacy notice to changing needs and new regulations at all times. 


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Terms and conditions of participation for Facebook

Terms and conditions of participation in competitions: The organiser of the competitions is Fleurop-Interflora (Schweiz) AG or "Fleurop-Interflora Schweiz". The competition is not connected with Facebook and is not sponsored, supported or organised by Facebook in any way. All questions, comments or complaints relating to the competition must be addressed to Fleurop-Interflora (Schweiz) AG ([email protected]).

Entry is strictly subject to the terms and conditions shown here. By entering the competition, the participant explicitly acknowledges these conditions. Fleurop-Interflora (Schweiz) AG reserves the right to cancel or end the competition at any time.

Eligibility: Residents of Switzerland who are at least 18 years of age at the time of their participation are eligible to enter the competition. For Facebook competitions, participants must have Facebook accounts which disclose their real names in order to enter. Taking part with fake details or details belonging to third parties is not permitted.

Participation: Participation is as stated in the announcement of the competition. Participation in the competition implies consent to the disclosure of the winner's name, the first letter of his/her surname and his/her town of residence on Fleurop-Interflora (Schweiz) AG's social media channels, e.g. Facebook. Entries to the competition may not contain any abusive statements, false claims or infringements of competition law, trade mark rights or copyrights.

Prizes: Non-cash prizes will not be paid out in cash and cannot be exchanged. Prizes cannot be transferred to third parties.

Prize draw: Participants who answer the competition question correctly and/or comply with the rules of the competition will be included in the prize draw. Each participant may only have one entry in the draw in each competition.
Any entitled participant may win prizes in the draw. The time at which entitlement is decided and at which the draw takes place is as stated in the entry. Winners will be informed by e-mail or by a personal message on Facebook. If a winner does not contact us to collect his or her prize within 7 days of being informed, the prize will be forfeited and a different winner will be determined. Tickets which would expire under these circumstances are excluded from this rule. These will be re-drawn no later than 3 days prior to the event in question.

Data protection: Personal details obtained, processed and used for the purpose of the competition will be obtained, processed and used by Fleurop-Interflora (Schweiz) AG solely for the purposes of the competition.

Miscellaneous: Participants who infringe these conditions or attempt to manipulate the vote (e.g. by voting using one or more Facebook accounts which are not in their name) may be disqualified from entry. If the conditions for disqualification are fulfilled, prizes may be subsequently revoked or prizes which have already been paid out or delivered may be reclaimed.

Fleurop-Interflora (Schweiz) AG will be entitled to cancel or suspend the competition if:

  • Facebook changes its terms and conditions of use or its guidelines while the competition is running and the competition can no longer be conducted under the rules then applicable on Facebook,

  • Cases of manipulation are discovered or the proper conduct of the competition can no longer be ensured for other reasons, particularly in the event of failure of hardware or software, program errors or computer viruses,

  • Unauthorised interventions by third parties or mechanical, technical or legal problems occur.

Participants release Facebook or other channels from all liability. The judges' decision is final and binding. These terms and conditions of participation may be changed by Fleurop-Interflora (Schweiz) AG at any time without notice.


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Warranty and liability

Fleurop is liable only for direct damage and loss, and only if the customer supplies proof that such damage and loss was incurred as a consequence of negligence or intent on the part of Fleurop, its auxiliary persons or agents. Liability is expressly limited to the order value.

Applicable law and place of jurisdiction

Exclusively Swiss law shall be applicable to this contract.

Place of jurisdiction shall be the registered offices of Fleurop, Wangen b. Dübendorf, Switzerland.