- SCOPE
These terms and conditions, in their version valid at the time of conclusion of the contract, apply to all business relationships between Tom Flowers (hereinafter: we or us) and its customers (you).
By ordering goods or services, these terms and conditions are deemed accepted. Any differing terms and conditions require our written confirmation.
- COMPATIBILITY
The presentation of products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalog. Simply placing products in the "shopping cart" does not constitute a binding order. You only submit a binding order for the products in the shopping cart by clicking the "Confirm Order" button on the order page. We will then immediately send you an order confirmation by email, upon receipt of which the contract is concluded. Acceptance is subject to legal permissibility and the availability of the ordered goods or services. Products that are temporarily unavailable must be reordered. The availability indicator in the online shop serves as information, not as a delivery confirmation, and may be inaccurate in exceptional cases. Price fluctuations for products due to seasonal or natural events are possible. The price stated at the time of the conclusion of the contract is decisive.
- DELIVERY AND SHIPPING COSTS
We will deliver the goods ordered by you or the recipient to the address specified in the order, on the requested date and within the requested time window. The delivery date and time are to be understood as non-binding preferences and do not constitute a guaranteed delivery commitment. In the event of delayed delivery, there is no entitlement to a refund of the purchase price, replacement delivery, price reduction, contract termination, or any other services. Any services provided by us in connection with a delayed delivery are solely voluntary and as a gesture of goodwill, without acknowledgment of any legal obligation. Mandatory legal provisions remain unaffected. In exceptional cases, products may be unavailable. In this case, or if the products we receive from suppliers do not meet our quality standards, we reserve the right, at our sole discretion, to replace the products in question with similar products of equivalent (or higher) value. Should such a replacement not be possible, we will refund the purchase price in full.
Should you or the recipient not be at home, we have permission to leave your delivery at your front door, or according to your drop-off instructions, which you can send us by email to info@tomflowers.ch after completing your order.
- RETENTION OF OWNERSHIP, RIGHT OF WITHDRAWAL FROM THE CONTRACT
We retain title to the goods until full payment has been received. If you breach the contract, particularly if you fail to meet your payment obligations despite a reminder from us, we may, after setting a reasonable deadline, withdraw from the contract and demand the return of the goods still in your possession. In this case, we are entitled to dispose of the goods after receiving them back. We reserve the right not to enter into a contract if a credit check yields a negative result.
- DUE DATE AND PAYMENT
We only accept the payment methods displayed to you during the ordering process. The purchase price and any applicable shipping costs are due upon conclusion of the contract.
Unless otherwise agreed, invoices are payable within 20 days. We reserve the right to require prepayment without giving a reason. The order will then be processed upon receipt of payment. Refunds and deposit credits will be issued to the customer's Tom Flowers credit account unless otherwise requested.
Vouchers are redeemable only under the conditions stated on the voucher. It is not permitted to sell vouchers or voucher codes without our prior written consent. When paying with a voucher, any remaining balance will be credited to the customer account and automatically applied to the next order. Promotions, vouchers, and discount codes cannot be combined.
- WARRANTY AND LIABILITY
If the delivered goods are defective at the time of the transfer of risk, e.g., due to a manufacturing defect, or if an incorrect delivery has been made, we will, if possible, provide a replacement. If the replacement delivery fails, you may request a refund.
Our liability for our own fault as well as that of our employees, legal representatives and vicarious agents is limited to intent.
In the rare event that a product is unavailable, we reserve the right to purchase a similar product for you so that you can complete your order.
- ADDRESSES
Providers and contractual partners of the offers on these websites:
Tom Flowers AG, Sillerstrasse 1, 8700 Küsnacht
- DATA PROTECTION
As part of our business relationship with you, we process your personal data, particularly for the purpose of fulfilling and processing your order. Our privacy policy, which can be viewed here (https://www.tomflowers.ch/pages/datenschutz), explains what personal data we collect and how we process it.
- CUSTOMER REVIEWS
By writing a customer review for products we offer, you grant us the exclusive and unrestricted license to use it. We reserve the right not to display a customer review, to display it only for a limited time, to shorten or modify it, or to omit it entirely.
Customer reviews reflect solely the opinions of customers and do not necessarily reflect our views.
- RIGHT OF WITHDRAWAL
10.1 For non-perishable products: Consumers have the right to withdraw from the contract within 14 days of receiving the goods. The withdrawal must be submitted in writing by email to info@tomflowers.ch. The date of dispatch of the withdrawal notice is decisive for compliance with the deadline. No reason for the withdrawal is required.
10.2 Exercising the right of withdrawal transforms the purchase agreement into a reversal transaction, whereby the services received under the purchase agreement must be refunded. The customer must return the received goods in their original packaging to Tom Flowers AG within 14 days of declaring the withdrawal. The customer bears the costs of the return shipment. The date of dispatch of the goods is decisive for compliance with the deadline. The return shipment should be sent to: Tom Flowers AG, Sillerstrasse 1, 8700 Küsnacht
10.3 Upon receipt of the goods, the purchase price will be refunded to the customer immediately. A deduction from the refund may be made for any damage to or excessive wear and tear of the goods. No deduction will be made if the loss in value is due to handling of the goods necessary to ascertain their nature, characteristics, and functioning. The online shop may refuse repayment until it has received the returned goods or until the consumer has provided proof of return shipment, whichever is earlier.
10.4 The right of withdrawal is excluded for perishable products (especially cut flowers). Our flowers are often delivered while still closed or only partially open. This increases the flowers' lifespan after receipt. We strive to pack the flowers as carefully as possible to ensure their beauty and freshness when they are collected from us by the driver. It is possible (even in cases of force majeure) that the flowers may be damaged during the delivery process. If you receive flowers that are damaged or no longer appear fresh, please contact us at info@tomflowers.ch with your concern.
If, in our sole discretion, the flowers do not meet our high quality standards, we will replace them or refund your money as soon as possible. Please note that you must send us a photo of any wilted or damaged flowers to info@tomflowers.ch within 24 hours of receiving them for an exchange or refund to be considered.
10.5 You can cancel orders up to 48 hours before the corresponding delivery date. In this case, we will refund you the amount. If the cancellation is not made in time, we reserve the right to issue a partial refund, as we will have already begun preparing the order.
Exception for special dates: For deliveries on the following special dates, cancellation is not possible once the order has been confirmed:
Valentine's Day (February 14)
International Women's Day (March 8)
Mother's Day (second Sunday in May)
Christmas (December 24th/25th)
as well as other holidays with increased order volume
On these days, special production planning and preparation takes place, requiring considerable additional effort, which is why cancellations are no longer possible.
Orders can be cancelled via email to info@tomflowers.ch .
10.6 You can change your order up to 36 hours before the scheduled delivery date, either regarding the delivery address or the content of your personal message. Change requests can be sent via email to info@tomflowers.ch .
10.7 Time-limited flower subscriptions or gift subscriptions (e.g., for 3, 6, or 12 months) are paid in advance and can be paused but not canceled. The amount paid at the time of purchase of a flower subscription is non-refundable.
- FINAL PROVISIONS
The provisions of the Swiss Code of Obligations apply. Zurich is the exclusive place of jurisdiction for all disputes arising from a contract with Tom Flowers. We reserve the right to amend these terms and conditions at any time. The currently valid version of the terms and conditions can be found at www.tomflowers.ch.