Terms & Conditions
Application of the general sales-conditions
The commercial relationship between the company PANAMY Martin Schgaguler (hereinafter: “PANAMY”) and the customer shall be regulated by the present terms and conditions. Any order sent by e-mail to the website Panamy.ch is subject to the present General Sales-Conditions. PANAMY reserves itself the right to modify its General Conditions at any time.
Flowers & Assortment
Flowers and plants are fresh products. This is why any information about color, shape and size, as well as any other picture on our online shop www.panamy.ch or in our leaflets or in any other kind of advertisement, is purely indicative.The bouquet assortment shown on the site of Panamy.ch may be modified at any time. In certain exceptional cases, namely in cases of stock-outage, PANAMY reserves itself the right to furnish bouquets, which differ slightly from the bouquets shown on the site.
Prices
The prices indicated on the site of Panamy.ch or are indicated in Swiss Francs. 2,5% VAT are included for cut flowers. These prices are binding for the term of validity of the offer.
Order
The contract comes into force as soon as the client clicks on the button “Continue” on the order page, and the confirmation links appears on the site of Panamy.ch. After placing your order, you will be sent a confirmation e-mail detailing your transaction ID number and confirming the value of your order, which has been debited from your credit or debit card.
Delivery
Damages indemnification can in no case exceed the total amount of the order. The ordered merchandise is delivered to the address indicated, and on behalf of the person entitled by the client as indicated on the order. The client is entirely responsible for the accuracy of the information connected with the delivery. PANAMY delivers only to locations in Switzerland and in the principality of Liechtenstein. Swiss-Express-Moon, a service of the Swiss Post, is responsible for the transport of the bouquets. The delivery-dates chosen by the clients during the ordering process are wishing dates and the deliveries are made at “best efforts”. There are no reimbursement for delays of the delivery. On Sundays as well as on official national or cantonal holidays flowers will not be delivered. The orders submitted after 3:00pm (Swiss Time) cannot be delivered the next day. The flowers will be delivered the next possible delivery day. This is true even if the calendar is proposing another possible delivery date. The selected delivery date is a wish date from the client and we will do our best to deliver that day. If for any reason there is a delay for the delivery, the client is not entitled to make a claim at Panamy.ch. Bouquets will be delivered in the mornings according to the General Conditions of Swiss-Express. In the absence of the entitled person, the postman leaves the bouquet, if possible, in front of the main-entrance at the recepients risk and peril. The postman is the sole authority to decide weather it is possible otherwise he will leave a notification in the recipient’s mailbox.
Payment
Payment has to be made according to a secured payment technology (SSL) by credit card (Visa, MasterCard, American Express).
Warranty
1. PANAMY is only responsible for direct damage on the goods and only provided that the customer proves that PANAMY, its auxiliaries or third parties mandated by PANAMY have caused this damage intentionally or by gross negligence. This liability is limited to the delivery price or to the price of the service in question.
2. The customer shall request the addressee to check the goods immediately at receipt. The customer will have to inform PANAMY in writing or by email about any damage or defects within 24 hours following the delivery. Failing that, PANAMY will consider that the goods have been accepted as they have been delivered. The risks of the transport will pass on to the customer with the handing over of the goods to Swiss Post. The addressee shall not be party to the contract, unless he/she has placed the order himself/herself. Accordingly, claims raised by addressees shall be nil and void.
3. It is up to the customer to evidence an alleged late delivery, defect or damage.
4. In case of other defects or of another damage, the customer may chose between the reimbursement of the value of his/her order, including delivery costs, or the delivery, by PANAMY, of a new bunch of flowers in the value of the defective one.
5. PANAMY’s liability shall be excluded, if the addressee refuses the delivery.
Cancellation of an order
1. Any order may be cancelled until 2 working days preceding the delivery. The number of the order must be communicated to PANAMY.
2. Orders have to be cancelled with PANAMY by email.
3. Any later cancellation entitles PANAMY to charge the value of the order, save delivery costs.
Changes of an order
1. Any order may be modified by email until 2 working days preceding the delivery. The number of the order must be communicated to PANAMY.
2. The costs of such changes will be charged to the customer.
In case of payment reminders
If the customer does not meet our deadline, PANAMY reserves the right to add the following reminder charges to the actual amount: 1st reminder: SFR 10.-; 2nd reminder SFR. 20.-; 3rd reminder SFR 30.-. After the deadline of the 3rd reminder we systematically take legal action.
Personal Data
PANAMY commits itself not to hand over nominal data of any client to third persons.
Act of god
PANAMY cannot be held responsible for interruptions of the site, intrusion on the site by third parties, which are considered as involuntary and uncontrollable technical events.
How to contact us
In case of suggestions or complaints please notify us by:- E-mail to [email protected] please mention your order number. – By phone under: +41 (0) 223 2821 74. The parties submit to the jurisdiction of Geneva.