- SCOPE
These general terms and conditions apply in the version valid at the time of conclusion of the contract to all business relationships between Tom Flowers (hereinafter: we or us) and its customers (you).
By ordering the goods or services, these terms and conditions are deemed accepted. Deviating terms and conditions require our written confirmation.
- COMPATIBILITY
The presentation of products in the online shop is not a legally binding offer, but merely a non-binding online catalog. Simply placing products in your shopping cart does not constitute a binding order. You only place a binding order for the products in your shopping cart when you click the "Confirm Order" button on the order page. We will then immediately send you a contract confirmation by email, upon receipt of which the contract is concluded. Acceptance is subject to the legal admissibility and availability of the ordered goods or services. You must reorder products that are temporarily out of stock. The availability display in the online shop serves as information, not as a delivery confirmation; in exceptional cases, it may be inaccurate. Price fluctuations for products due to seasonal or natural events are possible. The price stated at the time the contract is concluded is decisive.
- DELIVERY AND SHIPPING COSTS
We will deliver the goods ordered by you or the recipient to the address specified in the order within the requested date and time frame. Delivery dates and times are to be understood as non-binding preferences and do not constitute a guaranteed delivery commitment. No refunds are available for any delays. In exceptional cases, products may not be available. 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 relevant products with similar products of equivalent (or higher) value. If such an exchange is not possible, we will fully refund the purchase price.
If you or the recipient are not at home, we have permission to simply leave your delivery at your doorstep or according to your delivery instructions, which you can send by email to info@tomflowers.ch after completing your order.
- RESERVATION OF TITLE, WITHDRAWAL FROM THE CONTRACT
We retain title to the goods until full payment is received. If you breach the contract, particularly if you fail to meet your payment obligations despite a reminder from us, we may withdraw from the contract after setting a reasonable deadline and demand the return of any goods still owned by you. 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 the result of a credit check is negative.
- DUE DATE AND PAYMENT
We only accept the payment methods indicated 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 may request payment in advance without stating reasons. The order will then be processed upon receipt of payment. Refunds and deposit credits will be credited to the Tom Flowers credit account unless otherwise requested by the customer.
Vouchers can only be redeemed subject to the terms and conditions stated on the voucher. It is not permitted to resell vouchers or voucher codes without our prior written consent. When paying with a voucher, any remaining balance will be credited to the customer's account and automatically applied to the next order. The accumulation of promotions, vouchers, and discount codes is not possible.
- WARRANTY AND LIABILITY
If the delivered goods are defective at the time of transfer of risk, e.g., due to a manufacturer's defect, or if the goods were incorrectly delivered, we will arrange for a replacement delivery if possible. If the replacement delivery fails, you can request a cancellation of the purchase.
Our liability for our own negligence and that of our employees, legal representatives and vicarious agents is limited to intent.
In the rare cases where a product is not available, we reserve the right to purchase a similar product for you so that you receive a complete 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 to fulfill and process your order. We explain which personal data we collect and how in our privacy policy, which can be viewed here (https://www.tomflowers.ch/pages/datenschutz).
- CUSTOMER REVIEWS
If you submit a customer review for products we offer, you grant us an exclusive and unrestricted license to further use it. We reserve the right not to display a customer review, to display it only for a limited period of time, to display it in an abbreviated or modified form, or to omit it.
Customer reviews reflect the opinions of our customers only 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 via email to info@tomflowers.ch. The time of sending the withdrawal is decisive for compliance with the deadline. A reason for the withdrawal is not required.
10.2 Exercising the right of withdrawal will convert the purchase contract into a rescission agreement, according to which the services received under the purchase contract must be refunded. The customer must return the received goods, including the original packaging, to Tom Flowers AG within 14 days of declaring the withdrawal. The customer shall bear the costs of the return shipment. The time of dispatch of the goods shall be decisive for compliance with the deadline. Return shipments must be addressed 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. The right to deduct the refunded purchase price for possible damage or excessive wear and tear remains reserved. No deduction will be made if the loss in value is due to handling of the goods necessary to determine their nature, quality, and functionality. The online shop may refuse to refund until it has received the goods back or until the consumer has provided proof of having returned the goods, whichever is earlier.
10.4 The right of withdrawal is excluded for perishable products (especially cut flowers). Our flowers are often delivered with their blossoms still closed or partially open. This increases the lifespan of the flowers after receipt. We make every effort to package the flowers as carefully as possible to ensure their beauty and freshness when they are picked up by the driver. It may happen (including in the event of force majeure) that the flowers are damaged during delivery. If you receive flowers that appear damaged or no longer fresh, please contact info@tomflowers.ch with your concerns.
If, at our sole discretion, the flowers do not meet our high quality standards, we will replace the flowers as soon as possible or refund your money. Please note that you must send us a photo of the outdated or damaged flowers to info@tomflowers.ch within 24 hours of receiving the flowers to be eligible for an exchange or refund.
10.5 You can cancel orders up to 48 hours before the delivery date. In this case, we will refund you the amount. If the cancellation is not made within this time, we reserve the right to partially refund your order, as we have already begun preparing the order. Orders can be canceled via email to info@tomflowers.ch .
10.6 You can change orders up to 36 hours before the delivery date. Requests for changes can be submitted 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 modify these general terms and conditions at any time. The currently valid version of the terms and conditions can be found at www.tomflowers.ch.