General terms and conditions of sale
1. Presentation of the Site
The kanel.ch website (hereinafter, the "Website") is published by "GGKL CHAPPET", whose registered office is located in Meyrin at 5A rue Emma Kammacher, 1217 Meyrin - Switzerland and which operates under the trade name "KANEL" (hereinafter, "Kanel").
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are intended to establish the rules for the use of the Website by any person who visits it (hereinafter referred to as "User") and to govern the contractual relationship between Kanel and any User who creates an account on the Website in order to be able to place orders with Kanel (hereinafter referred to as the "Client")
2. Use of the Site and intellectual property rights relating to the Site
By browsing the Website, each User agrees to abide by the current Terms and Conditions without any reservations. Kanel reserves the right to modify its terms and conditions at any time.
In this case, the applicable conditions will be those in force at the date of the order by the customer. The user is therefore encouraged, before any use of the Site, to consult the latest version of the GTC published on the Site.
All elements of the Website, including images, photographs, texts, logos, documents and others, are protected by intellectual property rights. Therefore, the User agrees not to reproduce or otherwise use these elements without Kanel's permission, except for the purpose of using the Website.
The Customer expressly accepts the principle of receiving or offering a Bouquet-Surprise of which he/she chooses neither the shape, nor the dominant colors, nor the composition. However, the Bouquet-Surprise will be made in a style close to that of the bouquets represented on the Site as an illustration.
Customer may also choose between two sizes of the Surprise Bouquet: "Generous" or "Lavish". Customers whose Surprise Bouquets are delivered on the same date will receive the same type of bouquet, subject to minor differences.
The Prepaid Subscription is subscribed to by the Customer for a specific period of time, chosen from among the periods offered on the Site at the time of subscription. The price of the Prepaid Subscription is indicated on the Site, all taxes included.
The Customer agrees to pay the full price of the Prepaid Subscription in a single payment at the time of subscription. It is expressly specified that, since this is a fixed-term contract, the Customer may not cancel the Prepaid Subscription, nor obtain a refund (even partial) of its price.
The first delivery of a Surprise Bouquet under the Prepaid Subscription shall be made in the same month or in the month following the month in which the Client has made the actual payment of the full Prepaid Subscription price, depending on Kanel's availability.
The exact date of this first delivery must be chosen by the Client at the time of the order from the dates proposed by Kanel.
The date of each subsequent delivery may be chosen and changed by the Customer during the month preceding the delivery month, by e-mail: email@example.com. If no date is chosen before the first day of the delivery month, the Surprise Bouquet will be delivered on a default date that will be communicated to the Customer by Kanel.
4. Suspension of the Subscription by the Customer/Beneficiary
Any Subscription may be suspended by the Client. In order for the suspension to be taken into account for the coming month, the Client or the Beneficiary must make a request via our email: firstname.lastname@example.org, at the latest on the last day of the current month.
Suspension is a temporary halt ("pause") of Surprise Bouquets deliveries for the month following the month in which the suspension request was made. It is possible to make such a monthly suspension request several times, up to a maximum of 12 consecutive months.
If the overall period of suspension exceeds 12 consecutive months, the Subscription will be considered terminated, without any refund being claimed by the Customer.
5. Products and services.
Not all the flowers presented are necessarily available all year round. Therefore, Kanel reserves the right and the freedom to modify the floral composition, according to its arrivals.
Our florists will respect as closely as possible the resemblance with the image chosen by the client. We consider that our clients agree with this way of doing things, we cannot accept complaints about the modification of the choice of flowers or a slight aesthetic change of the composition.
The bouquets ordered from Kanel are exclusive creations, made by highly qualified florists, who assure you of great creativity. Our assortment is regularly revised according to the seasons.
All our products are of the highest quality and freshness. We make daily purchases, both in the country and in Europe.
6. Prices and VAT
The price, which we indicate on our online store, varies according to the season, the market and the exchange rate. The exchange rate used is the one in effect at the time of payment via "Stripe".
The VAT rate applied is the one in force in Switzerland on the day of the order. At this time we have two rates in effect, bouquets, roses and mourning confections are taxed at 2.5 %. Arrangements, vases and other materials are taxed at 7.7 %. For V.A.T., the delivery costs are linked to the product ordered. Any change in the VAT rate will be updated.
Kanel reserves the right to modify its prices, but it is understood that the price appearing in the catalog on the day of the order will be the only one applicable.
7. Legal capacity
Clients declare that they are of legal age and fully capable of contracting.
8. Order taking
The information provided by the client when placing the order is binding on the client: in the event of an error in the recipient's contact details, Kanel cannot be held responsible for the impossibility of delivering the product.
The orders are final only when they have been confirmed by the payment of the price by the customer. After shipment, any modification or cancellation of the order by the customer cannot be taken into consideration and the price paid will not be refunded.
The product offers are valid within the limits of available stocks. A product that has become unavailable is indicated as "out of stock" in the online product catalog.
In case of stock shortage, Kanel will contact the client. They will agree together to deliver a product with the same size and quality as the product initially ordered by the client.
9. Product prices
The prices of the products are indicated in CHF including all taxes. They take into account the VAT and the possible reductions applicable to the day of the order.
The prices of the products are exclusive of delivery costs (transport). The amount of the delivery costs will be specified on the order form before the validation of the sale. The products are supplied at the price in force at the time of the placing of the order.
The payment of the price is carried out cash at the time of the taking of the order.
10. Full payment security
Kanel ensures total security and flexibility of online payments, by credit card or bank card thanks to its payment system entrusted to a service provider specialized in securing payments.
Kanel guarantees the total confidentiality of your banking information, secured by the SSL protocol, which automatically checks the validity of access rights when you pay by credit card and encrypts all exchanges to guarantee confidentiality.
We never know or store your credit card information.
We subcontract the delivery to our providers, depending on the location they may vary. (DPD, La Poste and OVO).
In 98% of the cases, the delivery is made on time. In case the delivery is not made on the day chosen when the order is placed, Kanel cannot be held responsible.
The delivery is made in Switzerland within the agreed time limit by handing over the product directly to the announced recipient, or in case of absence, by notification of availability (see below the conditions according to the nature of the ordered product), or by depositing the parcel in front of the recipient's door in a safe place.
We deliver to the following locations:
The client is informed and accepts that the delivery may not be carried out at a precise time, but Kanel undertakes to respect the requested times as far as possible.
Kanel cannot be held responsible for any delay in delivery due to a cause beyond its control, and in particular in the event of bad weather, disaster, strike, force majeure, incomplete or inaccurate details of the recipient or the client, or the absence of the recipient.
12. Terms of delivery
Your order is delivered within 24 hours anywhere in Switzerland, with a probability of 98.9%. Deliveries are scheduled from Tuesday to Saturday throughout Switzerland and from Monday to Saturday in Geneva.
12.1 Delivery in the city of Geneva
From Monday to Saturday. Same day delivery possible for all orders placed before 1pm. Our partner delivers by electric cargo bike or by other means of transportation that do not emit any carbon emissions.
Only one delivery is possible, the deliverer will contact you if he cannot deliver the package. For a second delivery, you will be charged.
12.2 Delivery anywhere in Switzerland, outside the city of Geneva
From Tuesday to Friday anywhere in Switzerland. In case of absence of the recipient, a second delivery is possible from your delivery tracking accessible from your emails, in case the delivery is impossible, your package will be available in a relay point that you have selected or the package will be deposited in front of the recipient's door in a safe place.
For each order, our server calculates the nearest date and time of delivery. You can, of course, choose a later date up to 15 days for most of our flower bouquets.
The recipient receives two delivery notifications: One business day before the delivery and the day of the delivery with a time slot of one hour. On the "Follow My Parcel" platform, the recipient can track the parcel live and select one of four options available up to 15 minutes before delivery (grant drop-off permission, change delivery address, change delivery day, redirect to a DPD Pickup colishop).
Kanel encourages each of its customers to be attentive to the means used to deliver your orders in the best conditions, and to communicate to the deliveryman through the application, all important information for the smooth running of this delivery.
12.3 Saturday delivery anywhere in Switzerland
Saturday delivery of your bouquet anywhere in Switzerland is managed by our partner: Swiss Post. You will be delivered on Saturday and you will be informed automatically by SMS or e-mail.
13. The delivery of your order.
Kanel strongly advises against postponing or changing the delivery address, as these options directly influence the delivery time and may damage your flowers. Kanel cannot be held responsible for this decision.
The customer can claim the reimbursement of the delivery costs, excluding any other compensation or damages, for the cases of late delivery below, if the product has not been delivered for any other reason than force majeure.
Accuracy of the delivery address
Please ensure that the delivery address and local telephone number on your order are correct and complete. We assume no responsibility for delays or non-delivery due to an incorrect or incomplete address.
In order for your order to be processed as quickly as possible, the following information may also be useful:
- In the case of deliveries to hospitals, it may be useful to indicate the department and room number. We only guarantee deliveries up to the point of receipt from the hospital or clinic.
- In the case of deliveries to hotels, we recommend that you indicate the room number and the name under which the recipient has been registered at the reception desk (couple, group, etc.). We can only guarantee delivery to the hotel reception.
The customer can claim a full refund of the order if the delay is more than 72 hours.
Finally, if the product has not been delivered, for any other reason than a case of force majeure, the sale may then be resolved and the purchaser will obtain a purchase voucher for the value of his order, excluding any other compensation or damages.
War, riot, fire, strikes, accidents, traffic restrictions, snow and the impossibility of being supplied are considered as force majeure cases that release Kanel from its obligation to deliver.
Kanel will inform the client in due time about the cases or events listed above. In any case, the timely delivery can only take place if the Client is up to date with its obligations towards Kanel.
14. Right of withdrawal
Our bouquets cannot be returned. All claims and refunds (vouchers) for products must be formally agreed between Kanel and the customer.
The customer can exercise a right of withdrawal without having to justify reasons nor to pay penalties, at the latest 7 days before the delivery date.
The above-mentioned period runs from the date of receipt of the order. If the period expires on a Sunday or a holiday, it is extended to the next working day. When the right of withdrawal is exercised, Kanel is obliged to compensate the client (return of a credit note) without delay and at the latest within fourteen days from the date when Kanel is informed of the consumer's decision to withdraw. After this period, the amount due shall automatically be subject to interest.
The notification of the right of withdrawal should be made to Kanel by email: email@example.com.
15. Returns and complaints
Any claim accepted by Kanel, in the case of an apparent defect or non-conformity of the delivered products, which will be ascertained by the seller, will allow the client to obtain a free replacement or the return of a credit note to his benefit, excluding any other compensation or damages.
Complaints about orders containing delivered flower bouquets must be made within 24 hours of delivery of the product, provided that the product is fresh.
16. Personal data management
In accordance with the law relating to data processing, the files and freedoms, the information in personal matter relating to the purchasers could be the subject of an automated treatment.
We do not give your information to third parties and use it only for the execution of your order. We do not use your information to send advertising from other companies. With your consent, we reserve the right to send you a newsletter or information about the evolution of our online store, and the activities of our company.
At any time you have the possibility to cancel the sending of our newsletters by an unsubscribe request at the bottom of the newsletter.
You also have the option of deleting your privilege account by notifying our sales department. If you forget your password, our server will automatically send you another one.
Following your request via our website, Kanel does not have access to these data, the login and password are known only to customers. It goes without saying that all the data used to execute your order remain confidential and are not passed on to third parties under any circumstances.
By using the Kanel.ch website, you agree to the collection and use of your personal data in the manner described in our data protection policy.
17. Customer Service
Customer Service is available Monday to Friday from 9am to 5pm without interruption by email: firstname.lastname@example.org. All requests for information must be answered within 48 hours.
You can also write to : Kanel Customer Service - 5A rue Emma Kammacher, 1217 Meyrin, Switzerland
18. Litigation and mediation
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to explain their situation.
Complaints concerning the quality of the flowers and plants must be made to our services within 24 hours after the date of receipt of the package at the recipient. In case of dispute, the customer will make his claims to the customer service of the seller:
- Kanel Customer Service - 5A rue emma kammacher, 1217 Meyrin, Switzerland
- E-mail: email@example.com
19. Archiving - Evidence
Kanel will archive the order forms and invoices on a reliable and durable medium that constitutes a true copy in accordance with the provisions in force. Kanel's computerised records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
20. Intellectual property.
All elements of the www.Kanel.ch website are and remain the exclusive intellectual property of GGKL CHAPPET. No one is authorised to reproduce, exploit, distribute or even use in any way whatsoever, even partially, elements of the site, whether software, visual or audio.
Any simple link or hypertext link is strictly forbidden without the express written consent of Kanel's management.
21. Legal form.
We respect Swiss law and apply it in the operation of our company. The place of jurisdiction is Geneva.