Terms of service
General Terms and Conditions
1. SCOPE OF APPLICATION
These general terms and conditions apply in the version current at the time of the conclusion of the contract for all business relationships between PANAMY Flowers (hereinafter: we or us) and its customers (you).
These terms and conditions are deemed to have been accepted when the goods or services are ordered. Deviating conditions require written confirmation from us.
2. CONTRACTUALITY
The presentation of the products in the online shop is not a legally binding application, but only represents a non-binding online catalogue. If you merely place products in the "shopping basket", this does not constitute a binding order. You only place a binding order for the products in the shopping basket when you click on the "Confirm order" button on the order page. We will then immediately send you a contract confirmation by e-mail, 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 unavailable. The availability display in the online shop serves as information, not as confirmation of delivery, and may be inaccurate in exceptional cases. Product prices may fluctuate due to seasonal or natural events. The price stated at the time the contract is concluded is decisive.
3. DELIVERY AND SHIPPING COSTS
We will deliver the goods ordered by you or the recipient to the address specified in the order at the desired date and time. Delivery date and time are requests and are not binding. In the event of any delays, there is no right to a refund. 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 discretion, to replace the products in question with similar products of equivalent (or higher) value. If such an exchange is not possible, we will refund the purchase price in full.
If you or the recipient are not at home, we have permission to simply leave your delivery at your front door or in accordance with your drop-off instructions, which you can send by e-mail to info@panamy.ch after completing your order.
4. RETENTION OF TITLE, CANCELLATION OF THE CONTRACT
We reserve title to the goods until payment has been made in full. If you act in breach of contract, in particular if you do not fulfil your payment obligation despite a reminder from us, we may withdraw from the contract after setting a reasonable deadline and demand the return of the goods still in your ownership. In this case, we are authorised to dispose of the goods once we have received them back. We reserve the right not to enter into a contract if the result of a credit check is negative.
5. DUE DATE AND PAYMENT
We only accept the payment methods shown to you during the order process. The purchase price and any shipping costs incurred are due upon conclusion of the contract.
Unless otherwise agreed, invoices are payable within 20 days. We can demand payment in advance without giving reasons. The order will then be processed after receipt of payment. Refunds and deposit credits will be refunded to the PANAMY Flowers credit account unless otherwise requested by the customer.
Vouchers can only be redeemed under the conditions indicated on the voucher. It is not permitted to sell vouchers or voucher codes without our prior written consent. If payment is made using a voucher, any remaining credit 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.
6. WARRANTY AND LIABILITY
If the delivered goods are defective at the time of the transfer of risk, e.g. manufacturer's defect, or if there is an incorrect delivery, we will provide a replacement delivery if possible. If the replacement delivery fails, you can demand cancellation of the purchase.
Our liability for our own fault and that of our employees, legal representatives and vicarious agents is limited to wilful intent.
In the rarest of cases where a product is not available, we take the liberty of buying a similar product for you so that you receive a complete order.
7. ADDRESSES
Provider and contractual partner of the offers on this website:
PANAMY Flowers GmbH, Grabenstrasse 3, 8952 Schlieren
8. DATA PROTECTION
As part of our business relationship with you, we process your personal data in particular to fulfil and process your order. We explain which personal data we collect and process and how in our privacy policy, which can be viewed here (https://www.panamy.ch/pages/datenschutz).
9. CUSTOMER RATINGS
If you write a customer review for products offered by us, you grant us the exclusive and unrestricted licence for their further use. We reserve the right not to display a customer review, or to display it only for a limited period of time, or to shorten or amend it, or to omit it.
Customer reviews only reflect the opinion of the customer and do not necessarily reflect our opinion.
10. RIGHT OF CANCELLATION
10.1 For non-perishable products: Consumers have the right to cancel the contract within 14 days of receipt of the goods. The cancellation must be sent in writing by email to info@panamy.ch. The time of dispatch of the cancellation is decisive for compliance with the deadline. It is not necessary to give reasons for the cancellation.
10.2 The exercise of the right of cancellation leads to the conversion of the purchase contract into a reverse transaction relationship, according to which the services received under the purchase contract must be refunded. The customer must return the goods received with the original packaging to PANAMY Flowers GmbH within 14 days of the declaration of cancellation. The customer bears the costs for the return shipment. The time of dispatch of the goods is decisive for compliance with the deadline. The return is to be sent to: PANAMY Flowers GmbH, Grabenstrasse 3, 8952 Schlieren
10.3 After receipt of the goods, the purchase price will be refunded to the customer immediately. A deduction from the purchase price to be refunded for possible damage or excessive wear and tear of the goods is reserved. No deduction will be made if the loss in value is due to handling of the goods necessary to establish their nature, condition and functionality. The online shop may refuse to make a refund until it has received the goods back or until the consumer has provided proof that they have returned the goods, whichever is the earliest.
10.4 The right of cancellation is excluded for perishable products (especially cut flowers). Our flowers are often delivered in the closed or only partially opened flower stage. This increases the lifespan of the flowers after receipt. We endeavour to pack the flowers as carefully as possible to ensure their beauty and freshness at the time they are collected from us by the chauffeur. It can happen (also in case of force majeure) that the flowers are damaged during the delivery process. If you receive flowers that appear damaged or no longer fresh, please contact info@panamy.ch with your concerns.
If, at our sole discretion, the flowers do not meet our high quality standards, we will replace the flowers or refund your money as soon as possible. Please note that you must send us a photo of the unfresh or damaged flowers to info@panamy.ch within 24 hours of receiving the flowers in order for a replacement or refund to be considered.
10.5 You can cancel orders up to 48 hours before the relevant delivery date. In this case, we will refund you the amount. If the cancellation is not made in time, we reserve the right to make a partial refund, as we have already started preparing the order. Orders can be cancelled via email to info@panamy.ch.
10.6 You can change orders up to 36 hours before the relevant delivery date. Change requests can be made via e-mail to info@panamy.ch.
10.7 Time-limited flower subscriptions or gift subscriptions (e.g. for 3, 6 or 12 months) are paid for in advance and can be paused but not cancelled. The amount paid at the time of purchase of a flower subscription cannot be refunded.
11. 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 PANAMY Flowers. We reserve the right to amend these General Terms and Conditions at any time. The current binding version of the General Terms and Conditions is available at www.panamy.ch.