Blumen Maarsen AG V 2024-02-11
General Terms & Conditions (GTC) deutsch français
  1. Contract
    Completion and transmission of the internet order form or other communication of an order create a purchase contract between customer and Blumen Maarsen AG under Swiss law, regardless of position or residence of the customer at the moment of registration. Blumen Maarsen AG has the right to refuse any orders.

  2. Right of withdrawal
    For online purchases, Swiss law does not provide for a right of withdrawal, unlike European Union law. However, the online merchant may grant such a right of withdrawal in its general terms and conditions. Blumen Maarsen AG tries to grant the revocation of orders on a goodwill basis whenever possible. Conditions for this are that the revocation reaches Blumen Maarsen AG in time, so that production has not yet started, and that, if applicable, no special resources have yet been allocated.

  3. Quality promise
    Highest quality in aesthetics and durability is the claim of Blumen Maarsen AG In the execution of online orders, Blumen Maarsen AG pursues the best possible fidelity to the photographs shown on blumenmaarsen.ch. The photographs always show original works of Blumen Maarsen AG. Since flowers are a seasonal natural product and floristry is a craft, certain deviations are unavoidable. If possible, Blumen Maarsen AG will provide a replacement on a goodwill basis if the customer is dissatisfied. In case of delegation of orders in Switzerland and abroad, normally via Fleurop, the quality conditions of the partner organization and the arrangement of the flowers according to the possibilities at the destination are valid. The application of delegated orders is regulated in paragraph 12 of these GTC.

  4. Photo service
    Blumen Maarsen AG photographs works ordered online and sends the link to the image to the orderer (customer) by e-mail. This link is personal and not for publication. This photo service is not part of the contractual relationship and is on a goodwill basis. In case of delegation of orders in Switzerland and abroad, normally via Fleurop, this photo service is not available. The application of delegated orders is regulated in paragraph 12 of these GTC. If add-ons are a fixed part of an offer (set), they will be photographed; if the customer chooses add-ons during the ordering process, they will not be photographed. The rights to the image remain with Blumen Maarsen AG and it is the tacit agreement of the orderer (customer) that this image can be published as an offer with price quotation by Blumen Maarsen AG. The customer can give an evaluation with the picture, which is publicly visible. The rating consists of a four-point scale and optional free text. If the rating is in the worse half of the scale, Blumen Maarsen AG will contact the customer to solve the complaint. Blumen Maarsen AG consults all free texts in the evaluations, but is not obliged to answer them, although it does so whenever possible (official requests must be made by e-mail). In order to reflect a true picture of the customer's opinions, Blumen Maarsen AG does not record, modify or delete any reviews, except in case of violation of the following rules: The customer is obligated not to provide any information in the free text evaluation that allows conclusions to be drawn about persons and not to record any illegal, unethical or offensive content.

  5. Data protection
    Blumen Maarsen AG treats all data of customers and flower recipients confidentially and only passes them on to third parties (e.g. Fleurop) as far as it is necessary for the order processing. Credit card data is processed in encrypted form and is not stored by Blumen Maarsen AG after the order has been executed. Blumen Maarsen AG does not send unsolicited e-mails. In the separately published data protection statement, Blumen Maarsen AG states how it complies with the legal requirements of Switzerland and the European Union with regard to data protection, how Blumen Maarsen AG handles integrated third-party Internet functions and how Blumen Maarsen AG uses cookies.

  6. Amount owed, payment, exchange rates, collection expenses, refunds
    At the end of the online ordering process, the total amount including all aspects (goods, expenses, taxes) is displayed on the order button in the currency the customer has chosen in the order form, Swiss Franc (CHF), Euro (EUR) or US Dollar (USD). Using the order button concludes the purchase contract and leads to the payment dialog. Blumen Maarsen can provide the order against invoice; there can be different methods of invoice generation to choose from, e.g. the generation of a paper invoice by Blumen Maarsen and the generation of an e-mail or paper invoice by a payment service provider such as Swissbilling. Ordering against Maarsen paper invoice is possible in exceptional cases and only in Swiss francs (CHF) to addresses in Switzerland. If this exception cannot be granted, Blumen Maarsen AG will send an e-mail with a link to the paperless payment methods. If invoicing is available via a payment service provider such as Swissbilling, the conditions of the payment service provider apply when used, e.g. regarding the granting of the order against invoice, any fees, collection procedures, etc. Blumen Maarsen does not charge any fees for any of the payment methods and does not pass on any charges, such as commissions, which payment service providers charge to Blumen Maarsen, except in the case of certain reversals, as listed at the end of this section. When payments are made via PayPal, the currency set by the customer in the order form will be retained. When using other online payment methods, Blumen Maarsen AG transmits the total amount in Swiss Francs (CHF) via Payment Service Provider to the customer's online payment method provider for processing. The currency in which the latter carries out the booking and whether transaction charges or other fees are incurred by the customer are not part of the relationship between Blumen Maarsen AG and the customer. In the event of insufficient payment by the customer, irrespective of the payment method chosen, the collection expenses of Blumen Maarsen AG and any third parties involved shall become an integral part of the purchase contract and shall be deemed to be owed by the customer. In the event of changes in the composition of the final amount (total amount), e.g. as a result of correction of the delivery destination and thus correction of the delivery charges or e.g. as a result of necessary changes regarding add-ons, Blumen Maarsen AG may adjust the composition of the final amount accordingly while the final amount remains unchanged. If, in the case of refunds, charges to third parties such as payment commissions or taxes can no longer be reversed so that no credit is issued by the third parties, these are deducted pro rata.

  7. Calculation, prices and offers in the Internet
    All prices and sums include Swiss VAT and, for deliveries abroad, all taxes and duties in the recipient country and are payable without deductions. These prices are also valid for orders to be executed further in the future, unless product-specific cost increases make a correction at the time of execution unavoidable. The calculation of the amounts in the ordering process is done by JavaScript locally on the customer's computer. In case of errors regarding calculations, prices and offers, which are based on malfunction of the customer's computer, malfunction or incompatibility of the customer's programs or his service provider or other technical errors, the prices of Blumen Maarsen AG are valid.

  8. Flower subscriptions: agreed price, changes, termination
    For flower subscriptions, the agreed price per execution (flowers, delivery and any add-ons) applies for the entire duration of the subscription, unless product-specific cost increases make an adjustment unavoidable, which is more likely to occur for flower subscriptions with a very long duration (e.g. several years). Deliveries not yet in procurement or production can be changed or canceled by the customer at any time; the same applies to the termination of flower subscriptions before their expiration date; the remaining credit (overpaid subscription price) will be refunded to the customer in accordance with paragraph 6 of this document.

  9. Identification of the customer, e-mail address and e-mail traffic
    The name and address information of the customer (orderer) must be correct and complete. An indication of a telephone number for queries during the opening hours of Blumen Maarsen AG is mandatory. The error-free indication of an e-mail address, which is fully functional and whose inbox is effectively managed promptly by the customer, is mandatory. If the customer does not receive or read the e-mails from Blumen Maarsen resulting from an order or, if this would be necessary, does not react to them, irrespective of the reason for the non-consultation, the customer shall bear any resulting damages and Blumen Maarsen AG is free to decide whether, and if so with which modifications, the order will be executed. If incorrect e-mail address entries, non-consultation of the incoming mail, incorrect filing in the customer's mail program and the like affect e-mail correspondence of third parties, such as intermediaries for the e-mail dispatch of invoices, e.g. Swissbilling, the customer shall bear the resulting damages, such as reminder fees. If Blumen Maarsen AG recognizes incorrect e-mail addresses as such, it is free to correct them to the best of its knowledge and belief. If this results in errors, Blumen Maarsen AG is not liable for any resulting damages.

  10. Identification of the recipient of the goods and delivery
    The name and address information of the recipient of the goods must be correct and complete, according to the principles of postal traffic in the recipient country. Whether a neighborhood delivery or impersonal deposit on site is otherwise possible, will be decided by Blumen Maarsen AG, if necessary by the executing partner business or the transporter according to local customs. The resulting risks shall be borne by the orderer (customer). Additional expenses resulting from incorrect or insufficient information, for example multiple delivery attempts, shall be borne by the orderer (customer). If the goods cannot be delivered correctly for reasons such as incorrect or insufficient information, absence of the recipient of the goods, refusal of acceptance, regulations on site, for example in hospitals, or other reasons, the orderer (customer) will be informed of this if possible and, if possible, the goods will be deposited at the executing florist for collection and the order will in any case be deemed to have been correctly executed. In the case of delivery by third parties, the benefit and risk shall pass to the customer (ordering party) when the goods are handed over to these third parties; if this results in disadvantages for the customer, Blumen Maarsen AG shall endeavor to find an accommodating solution if possible.

  11. Deliveries to institutions with special regulations, handing over to receptions
    Institutions such as hospitals and retirement homes sometimes have special rules regarding the delivery of goods. It is the tacit agreement of the orderer (customer) that Blumen Maarsen AG - or in the case of delegated orders the partner business - if necessary will arrange the work according to these rules, resulting in a work equivalent to the order. If the target institution takes over the internal delivery, Blumen Maarsen AG is not liable for the correct internal delivery. This generally applies to deliveries to be handed in at reception desks and similar.

  12. Delegated orders (Fleurop)
    Deliveries abroad are always delegated orders, normally Fleurop. Deliveries in Switzerland are Maarsen deliveries, unless the orderer (customer) requests delegation to a partner business. In the case of delegated orders, the provisions of the partner organization, normally Fleurop, apply with restrictions.

  13. Transmission errors
    Any damage resulting from the use of mail, telegraph, telephone, fax, telex, Internet and other means of transmission or transport, namely from loss, delay, misunderstandings, mutilations or duplications as well as misuse of data by third parties, shall be borne by the customer, provided that Blumen Maarsen AG has exercised the usual care.

  14. Protection of minors in the sale of alcohol
    If an order contains alcoholic beverages, e.g. ordered as an add-on or incorporated into a floristic work, the customer confirms that the alcoholic beverage is not used illegally and that he himself, as well as the recipient, is at least 18 years of age.

  15. Vouchers
    Blumen Maarsen vouchers can be printed online, purchased at the Moserstrasse store, or ordered for delivery. These vouchers can be redeemed online, over the phone, or in-store in whole or in partial increments. If the value of the order exceeds the remaining value of the voucher, the difference must be paid via blumenmaarsen.ch/pay; invoices for this will only be issued in exceptional cases. The value or residual value of the voucher is embodied solely by the voucher number. Only the value or residual value that can be retrieved at blumenmaarsen.ch/bon with the voucher number is valid. Blumen Maarsen AG provides services against indication of the voucher number online, by telephone or on site and is not obliged to authenticate the customer. The Blumen Maarsen vouchers lose their validity after the period of validity noted on the voucher has been exceeded. Blumen Maarsen AG accepts expired vouchers on a goodwill basis if possible. For vouchers not issued by Blumen Maarsen AG, which can also be redeemed at Blumen Maarsen AG, for example vouchers issued by Fleurop, other provisions apply. In justified cases, Blumen Maarsen AG reserves the right not to accept such vouchers issued by third parties.

  16. Greeting cards, messages
    In the order process it can be specified whether a card with greeting text should be included in the order. The card type can be specified in certain cases by means of motif selection and if not, then at least by means of free text. In the case of card selection via free text, Blumen Maarsen AG (or in the case of delegated orders, the mandated store) will select an adequate card, with the tacit consent of the orderer (customer) for this card selection. The greeting text is to be entered online by the customer in the order form. For orders to be delegated, the greeting text length is more limited. The application of delegated orders is regulated in paragraph 12 of these GTC. If the greeting text is very long for non-delegated orders, it is printed out on paper (A4) and placed in the card. It is also possible to send a message without a card, which will be printed out on paper and enclosed with the flower delivery. For Maarsen deliveries, messages to flower recipients are possible in all languages and all writing systems; for Fleurop delegations, there may be restrictions regarding character sets.

  17. Vases
    If a vase is visible on a picture of an item for sale on blumenmaarsen.ch, the description of the item will state whether the vase is included in the price or not. If it is included in the price, the additional ordering of a vase is blocked in the ordering process, this also applies to works that cannot be placed in a vase. Otherwise, it can be specified in the ordering process whether a vase should be included in the order. The vase size and therefore the vase price is in relation to the ordered work. The resulting vase price is displayed in the order process. Blumen Maarsen AG will select an appropriate vase. It is the tacit agreement of the orderer (customer) for this vase choice.

  18. Add-ons
    Add-ons can be ordered for deliveries in Switzerland. As soon as the recipient's postal code, city and country have been entered, the add-ons available for selection in the vertical center of the order form are adjusted accordingly. There are add-ons that are not available when orders are delegated. The application of delegated orders is regulated in paragraph 12 of these GTC. Affected add-ons are automatically hidden in the order process.

  19. Languages
    For the communication with Blumen Maarsen AG German, English, French and Italian can be used. For orders placed in languages other than German, the translation of the order produced by Blumen Maarsen AG with the usual care shall apply. The General Terms & Conditions and all other published texts and offers of Blumen Maarsen AG must be available in German only. If translations are available, the German-language text shall always apply in case of doubt. For Maarsen deliveries, messages to flower recipients are possible in all languages and all writing systems; for Fleurop delegations, there may be restrictions regarding character sets.

  20. Defective execution of orders
    Blumen Maarsen AG is not liable for consequential damages resulting from non-execution, defective or delayed execution of orders.

  21. Valid law and venue
    All legal relations of the customer with Blumen Maarsen AG are subject to Swiss law. The place of fulfillment, place of debt collection for customers domiciled abroad and exclusive place of jurisdiction for all proceedings, subject to any appeals to the Swiss Federal Court, is Bern. However, Blumen Maarsen AG also has the right to take legal action against the customer before any other competent court.

  22. Alterations of the General Terms & Conditions
    Blumen Maarsen AG reserves the right to change the General Terms and Conditions at any time. The version is identified by the date in the title.