Terms & Conditions

Scope of application

The following terms and conditions (T&C) govern the business relationship between «Aline Lucio de Castro Borges — The Florist» (hereinafter: we or us) and her customers (hereinafter: you). These terms and conditions are deemed as accepted by you after you have placed your (first) order. We reserve the right to change our terms and conditions. The terms and conditions which are published on theflorist.ch apply at the time of the conclusion of the contract.

Offers and Conclusion of Contract

The offers and prices published by theflorist.ch are non-binding. The images of our products serve only as examples. The choice of flowers for individual bouquets and subscriptions is subject to our discretion. By clicking on the “Place offer” button, you place a binding order for the products and services currently in your shopping cart. You will then receive a confirmation by email with which the contract comes into effect. The acceptance of the contract is subject to the availability of the goods or services which are ordered.

Prices and Payment

The prices in Swiss francs (CHF) include shipping costs and exclude VAT. Price fluctuations in flowers due to seasonal or natural events are possible. The price indicated at the time of the placement of the order is binding. The flowers can be paid by credit card (Visa and MasterCard), PayPal, Twint, PostFinance or invoice. Invoices, unless otherwise agreed, are payable within 14 days. Orders are processed only after the payment is received. Coupons and discount codes can only be redeemed at the terms and conditions they are based on. Without written consent from us, transferring and/or selling coupons and discount codes is not allowed. Combining special offers, coupons and discount codes is not possible.

Delivery

We deliver the products you ordered from Tuesday to Friday to the address indicated in the order. You will select the delivery date and the start of your subscription when you place your order. Your payment has to arrive at least five working days before the desired delivery date, so we can process your order in time. We deliver from 11 to 19 o’clock. The exact time of delivery is at our discretion. We do not assume any liability for delivery delays. If no one is available at the specified address to receive the flowers, we have the permission to deposit your delivery at the door. You can specify where/how we should deposit your flowers otherwise when you order.

Reservation of Ownership, Withdrawal From the Contract

We reserve the right to retain property of the product until we receive the full payment. If we do not receive your payment until after the due date despite sending you payment reminders, we reserve the right to withdraw from the contract and recover any delivered products.

Liability and Refunds

We guarantee fresh flowers that last for two to five days. The exact lifespan depends on the type of flower. In their wrapping, our bouquets can last for up to four hours without water. If you exceed this time frame, we cannot accept any liability for the quality of the flowers. It is your responsibility to receive the flowers during the indicated delivery time. If all the underlying conditions have been met and one of our bouquets still wilts on the second day it is in your possession, get in contact with us and send us an image of the wilted flowers and your postal address. If the damage is due to a mistake on our part, we will replace the flowers free of charge.

Should your order be deficient at the time of delivery, we will try to provide a replacement. If that is not possible, you may cancel your purchase. Our liability for your own fault and that of our employees is limited to intent.

General Information

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Federal Act on Data Protection (FADP), every person has the right to privacy and protection against the misuse of their personal data. Protecting your data is important to us. We treat your personal data as confidential and in accordance with the legal provisions and this privacy policy.

In cooperation with our hosting providers, we strive to protect our databases against unauthorized access, loss, abuse or counterfeiting.

Despite regular monitoring, complete protection against all risks is not possible.

By using this website, you agree to the collection and processing of data in accordance with the description below. This website can be visited without registration. From every visit, data such as visited pages, names of retrieved files, date and time is stored on the server for statistical purposes. This data will be evaluated with the sole purpose to improve our offer and cannot be traced back to you. Personal data will only be collected if you give it up voluntarily during your ordering process, account creation, by using the contact form, or by subscribing to our newsletter. This data will be used to manage your order, for possible credit assessments and future customer care, including advertising purposes. In order to process payments, we will transfer your data to external payment service providers. This is necessary to carry out transactions. We will not receive any information on your (bank) account or credit card. The only information we will receive will concern the confirmation or rejection of the payment. Furthermore, your personal data will not be passed on to third parties.

If you have questions about the privacy policy, please contact us at aline@theflorist.ch

Cookies

We use cookies to improve your experience on our website and enable the use of certain functions. They are small text files that are stored on your computer. Cookies enable us to identify the frequency of use and number of hits per page, analyse user behaviour and develop a more user-friendly web experience. Cookies are stored after your browser session has ended and can be retrieved during a new visit to our website. If you want to opt out of the use of cookies, disable them in your internet browser preferences.

Newsletter

If you opt in to our newsletter subscription, we will use the data you provide to send the newsletter to your inbox. You can withdraw your consent to store your data, your email address and our use of it to send the newsletter to you at any time by clicking the “unsubscribe”-link in the newsletter.

Comment Section

By using the comment section you grant us the exclusive and unlimited license to use your comment. We reserve the right to hide comments or display them for only a limited period of time, as well as displaying a shortened or changed version of the comments.

Our comment section stores the IP addresses of the users who write comments. Since we are not checking any comments before displaying them on our page, we need this data in order to take appropriate steps in case of violations of the law like slander or propaganda.

Google Maps

We use Google Maps to visualise geographical information. Google also collects data about the way our visitors are using Google Maps on our website. You can find more information about Google’s data processing in Google’s privacy policy.

Google AdWords

Our website uses Google conversion tracking. If you have reached our website via a Google Ad, Google AdWords sets a cookie on your computer. These cookies expire after 30 days and cannot be used to identify people. If the user visits certain pages of our website and the cookie has not expired yet, we and Google can see that the user has clicked a Google Ad and landed on that page. If you do not want to be tracked in this way, you can disable cookies for this purpose in various ways, for example by deactivating the automatic setting of cookies in the preferences for your browser or configure your settings in such a way that cookies from the domain “googleadservices.com” are always blocked.

Google Analytics

This website uses Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. If you would like to deactivate Google Analytics, Google provides a browser plug in at https://tools.google.com/dlpage/gaoptout?hl=en. Google Analytics uses cookies. They enable an analysis of the way our website is used through Google. The information that the cookie collects about the way our pages are used (including your IP address) will usually be transferred to a Google server in the USA and stored there. We would like to point out that on this website, Google Analytics has been extended by the code “gat._anonymizeIp();” to ensure an anonymous collection of IP addresses (called IP masking).  With this extension, Google abbreviates IP addresses within Member States of the European Union or in other States of the European Economic Area Agreement, which means it is not possible to connect your IP address to your identity. The full IP address will only be transferred to a Google server in the USA and abbreviated there in exceptional cases. Google respects the privacy policy of the “Privacy Shield” Agreement and is registered in the “Privacy Shield” program of the US Department of Commerce and uses the collected data to evaluate the use of our website, create reports and provide other services to us in this regard. You can find more information at https://www.google.com/intl/de/analytics/privacyoverview.html.

Google +1

This website uses social media functions of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Visiting our pages with Google plug-ins creates a link between your browser and Google servers. During this, data is transferred to Google. This data can be linked to your Google account, if you have one. If you do not wish to associate this data with your Google account, please log out from Google before visiting our page. User engagement like using the comment function or clicking on a “+1” or “share” button also results in data being sent to Google. You can find more information at https://www.google.com/intl/en/analytics/privacyoverview.html.

Facebook

This website uses features from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. Visiting our pages with Facebook plug-ins creates a link between your browser and Facebook servers. During this, data is transferred to Facebook. This data can be linked to your Facebook account, if you have one. If you do not wish to associate this data with your Facebook account, please log out from Facebook before visiting our page. User engagement like using the comment function or clicking on a “like” or “share” button also results in data being sent to Facebook. You can find more information at https://facebook.com/about/privacy.

Instagram

Our pages include function of the Instagram service. These functions are provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged in to your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. Through this, Instagram can associate the visit of our website to your user account. We would like to point out that as the provider of the website, we do not know the content of the transferred data or how it gets used by Instagram.

You can find more information in Instagram’s privacy policy: http://instagram.com/about/legal/privacy/

Pinterest

This website uses social plugins from the social platform Pinterest, operated by Pinterest Inc., 808 Brennan Street San Francisco, CA 94103-490, USA (“Pinterest”). If you visit a page that contains such a plugin, your browser creates a direct link to Pinterest servers. The plugin transmits protocol data to the Pinterest server in the USA. This protocol data may contain your IP address, the address of the websites you visited that also contain Pinterest features, the type and settings of your browser, the date and time of your visit and your use of Pinterest, as well as cookies.

You can find more information about the purpose, the extent and further processing of the data by Pinterest as well as your rights and options to protect your privacy in Pinterest’s privacy policy: https://about.pinterest.com/en/privacy-policy.

Changes

We reserve the right to adapt this privacy policy without prior notice. The version currently published on our website applies. If the privacy policy is part of an agreement with you, we will inform you about any changes by email or another appropriate way.

Questions for the privacy policy representative

If you have questions about the privacy policy, please contact us at aline@theflorist.ch