General Conditions of Sales
CGV v1-09.2018.en
Introduction
Www.fleurschailly.ch website is published by Helvetia Fleurs Chailly Sàrl company, located avenue de Béthusy 89 – 1012 Lausanne (Switzerland) and registered with the Canton de Vaud RC number CHE-422.619.888.
The following general terms and conditions of sales apply without restriction or reservation to all sales made on this website.
Article 1. Definition
The terms defined below will have the following meaning between the parties:
- “Subscription” means the regular shipping service, the frequency of which is chosen by the Customer, of a Product sold by the Company.
- “Bouquet”: refers to an assembly of flowers.
- “Customer” or “Purchaser” means the natural person who purchases the products from the Company.
- “Order”: refers to a customer’s request for product on the website.
- “Availability Confirmation” means the email sent to the customer to confirm the availability of the order and the shipment of the product.
- “Product”: means the good offered for sale on the Site and the essential characteristics of which are described on the Site.
Article 2. Purpose
The purpose of these general conditions of sales and use is to define the terms and conditions of sale of the products offered on the Company’s website.
They shall specify in particular the conditions for ordering, payment, delivery and management of order monitoring.
They are also intended to regulate the conditions of use of the website.
Article 3. Application et opposabilité des Conditions générales de vente et d’utilisation
3.1. Scope of application
Validation of the order by the customer shall constitute acceptance without restriction or reservation of these general terms and conditions of sale and use. These General Conditions of Sale and Use apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
Customer declares and acknowledges:
- to have the capacity to contract and acquire the products offered on the site;
- that its commitment does not require a handwritten or electronic signature;
- to have obtained all necessary information regarding the use of the site and the quantitative and qualitative characteristics of the products.
3.2. Enforceability of general conditions of sales
These general terms and conditions of sales and use may be subject to subsequent modifications, the version applicable to the purchase of the customer is that in force on the website on the date of the placing of the order.
3.3. Applicable Law
THE GENERAL TERMS AND CONDITIONS OF SALE AND USE AND THE resulting OPERATIONS ARE REGISTERED AND SUBMITTED TO THE LEGAL COURT OF THE VAUD CANTON (SWITZERLAND).
These general terms and conditions of sale and use are governed in French language.
3.4. Dispute Resolution
In case of dispute and prior to any legal action, the client is invited to contact the customer service of the company at +41 (0)21 652 49 78 – 7d/7 from Monday to Friday from 9am to 6:30pm, Saturday from 9:00 am to 6:00 pm and Sunday from 9:00 am to 1:00 pm or by e-mail at direction@fleurschailly.ch .
If no agreement is found, the dispute will be referred to the competent court.
Article 4. Internet website
4.1. Content
The site includes the following information: legal information allowing an accurate identification of the company; information about the products; an indication in Swiss francs of the price of the products and services, as well as, where applicable, the delivery costs; an indication of the payment and delivery methods; the existence of a right of withdrawal; the period of validity of the offer, the price of which; existing legal and contractual guarantees; the period within which the company undertakes to deliver the product.
4.2. Technical Assistance
If the Customer encounters a technical problem, a technical assistance service is provided. This service is available Monday to Saturday from 10am to 6pm, by email at magasin@fleurschailly.ch or by phone at +41 (0)21 652 49 78.
In case of interruption or impossibility to use the website, the customer can contact the customer service for information at magasin@fleurschailly.ch.
Article 5. Order entry
5.1. Identification
The Customer certifies the veracity and accuracy of the information thus transmitted. The information supplied by the purchaser must be correct, complete and sufficient to enable the proper execution and delivery of the order (specifically: digicode, recipient’s landline and/or cellphone, etc.).
The information stated by the purchaser, when placing the order, binds the purchaser. Therefore, in the event of an error in the wording of the consignee’s contact details, the company cannot be held responsible for the impossibility of delivering the product.
5.2. Products choice
Main characteristics of the products offered for sale and in particular the composition, specifications, illustrations and indications of size or capacity of the products, are presented on the website. The photographs and graphics presented are not contractual and shall not be liable to the seller.
The customer is required to refer to the product description in order to know its essential properties and characteristics. He thus admits to have been aware of nature, the destination and the conditions of use of the products available on the sales space and having requested and obtained the necessary and/or additional information to place its order in full knowledge of the facts.
5.3. Products availability
The unavailability of a Product is generaly indicated on the concerned product page. In any case, if the unavailability was not indicated at the time of the order, the company undertakes to inform the customer in due course.
In case of unavailability of a product ordered, the company will inform the customer.The Purchaser shall have the right to be reimbursed the corresponding sum without delay and, at the latest, within fifteen (15) days of payment of the sums paid by the customer.The refund will then be made by credit card.The customer may also choose to be delivered a product of equivalent quality and price.
5.4. Execution of the order
Orders can be transferred to a partner who will ensure the realization and delivery on behalf of Helvetia Fleurs Chailly sàrl.
Orders are executed in Switzerland:
- in Lausanne and its surroundings (15km radius from Lausanne Cathedral): the day of the delivery window chosen by the customer when ordering;
When the product ordered is a business subscription, the order is executed on the Monday following its order and will then be made, depending on the customer’s choice, within seven (7) days, fifteen (15) days or thirty (30) days from the first delivery.
5.5. Subscriptions specific conditions
5.5.1. Temporary subscription’s suspension
The Customer may temporarily suspend its subscription for one week. The request for suspension will only be considered if it occurs at least five (5) days before the expected delivery date. The request for suspension is made by sending an email to magasin@fleurschailly.ch.
5.5.2. Subscription Termination
The customer who ordered a subscription may request its cancellation by simple email notification to magasin@fleurschailly.ch at least five (5) days before the delivery date. Fixed-term subscriptions are not refundable.
5.5.3. Subscription modifications
The customer who ordered a fixed-term subscription may request any modification by simple email notification to magasin@fleurschailly.ch. Any modifications may generate additional costs.
Article 6. Payment
6.1. Payment terms
The price is payable in cash, in full on the day of placing the order by the customer, by secure payment (secured entry by SSL encryption) by credit card.
Payment of an unlimited subscription shall be made by automatic debit from the bank card registered by the customer on the day of the placing of the Order five (5) days before the scheduled delivery of the Product.
6.2. Late payment and payment failure
In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the money flow due from the customer would prove impossible, the order would be cancelled and the sale automatically terminated.
Article 7. Price
Products are supplied at prices shown on the Website at the time of registration of the order by the seller. Prices are expressed in Swiss franc V.A.T included. Tariffs take into account any discounts that would be granted by the seller on the site.
These tariffs are firm and not reviewable during their period of validity as indicated on the site, the seller reserving the right, out of validity period, to change prices at any time and in particular with regard to the availability of stocks.
Posted prices do not include processing, shipping, transportation, communication and delivery charges that will be charged in addition, under the conditions indicated on the Website and calculated prior to the placing of the Order.
Prices take into account the VAT applicable on the day of the order and any change in the rate applicable to VAT will be automatically reflected in the prices of the products.
Article 8. Delivery charges
Delivery costs are indicated in a specific “Delivery” section accessible on the sales area. Delivery costs include a fee for preparation and packaging, as well as postage and transportation costs.
It should be noted that two orders cannot be combined and the shipping charges will be charged for each order.
Article 9. Delivery
9.1. Delivery terms
The order, at the purchaser’s option, is delivered on a four (4) hour time slot. Delivery times are Monday to Saturday from 10am to 7pm.
The buyer is informed and agrees that the delivery cannot be made at a specified time. The Company undertakes to respect the proposed schedules by means of means and to the possible extent.
9.2. Order delivery
The delivery is ensured by our team or by an independent service provider, to the address mentioned by the customer at the time of the order. The delivery consists of the transfer of the product to the customer or has to any other consignee chosen by the customer or a representative of the said consignee. Upon receipt of the order, the customer is required, in the presence of the carrier, to verify the conformity of the products delivered with his order.
9.3. Absence of the recipient
In case of absence of the consignee at the time of delivery, the deliverer will try to contact the consignee, on the mobile or landline phone indicated by the customer at the time of the order. Without an answer, the deliverer will identify the best solution to finish the delivery under the best conditions depending on the delivery solution chosen by the customer (No door, neighbour, building warden, etc.).
If none of the previous solutions can be found, the deliverer will return the product to the workshop. The customer can either request a new delivery at his own expense, or recover or have the product recovered at his own expense at the company’s shop. The company cannot be held responsible for the quality of the product thus recovered.
9.4. Delivery delay
The Purchaser may claim full refund of the order, excluding any other indemnity or damages, for cases of delay in delivery exceeding twelve (12) hours from the end of the time slot chosen by the customer, if the product has not been delivered for any other reason than a case of force majeure or caused by the customer or for an internet/telephone interruption of the seller that could not allow him to be informed of the order.
Article 10. Cryptology
The Company guarantees that the cryptology means and services used to secure transactions are in compliance with the applicable legislation.
Article 11. Force majeure
The liability of the company cannot be implemented if the failure or delay in the performance of one of its obligations described in these general conditions results from a case of force majeure.
Article 12. Copyright
Any reproduction and/or representation, in whole or in part, of elements belonging to the company such as the website, trademarks, designs, models, images, texts, photos, logos, etc. without the express permission of the Company is prohibited and would constitute a crime of counterfeiting.
Article 13. Data
Article 13.1. Processing of personal data
The seller collects personal data about his Clients on the website. The data collected by the seller is used to process orders placed on the site, manage the customer’s account, analyze the orders and, if the customer has expressly chosen this option, send them marketing letters, newsletters, promotional offers and/or information on special sales, unless the customer no longer wishes to receive such communications from the company.
The Customer’s data shall be kept confidential by the Seller for the purposes of the contract, its performance and in compliance with the law.
Article 13.2. Fraud detection
The occurrence of an arrears due to fraudulent use of a bank card will result in the entry of contact information in relation to the Order associated with this arrears in an implemented payment incident file. An irregular report or anomaly may also be treated specifically.
