Terms and Conditions of Sale

1. Seller identity and scope of application

The website kanel.ch (the “Site”) is operated by KANEL FLOWER Sàrl, a limited liability company incorporated under Swiss law, with registered office at Chemin de Delay 6, 1214 Vernier, Switzerland, registered with the Commercial Register of the Canton of Geneva under number CH-660.6.242.025-0, UID/VAT CHE-301.293.467 (hereinafter “KANEL” or the “Seller”). These Terms and Conditions of Sale (“Terms”) govern orders placed with KANEL, in particular via the Site. They apply to both consumer and business customers, subject to any specific terms agreed in writing. By confirming an order, the Customer acknowledges having read the Terms made available before conclusion of the contract and accepts the version in force at the time of the order. In the event of any discrepancy between the French, German and English versions, the French version shall prevail, to the extent permitted by applicable mandatory law.

2. Products and the natural nature of floral creations

KANEL sells, among other things, cut flowers, bouquets, bunches of flowers, roses, floral arrangements, funeral and sympathy creations, plants, vases, cards, accessories, gifts and, where applicable, subscriptions or recurring services. Flowers and plants are natural and seasonal products. The photographs, colours, volumes and arrangements shown on the Site illustrate the style, spirit and range of the product, but do not constitute a contractually identical reproduction of each creation. Depending on arrivals, seasonality, available quality or exceptional shortages, KANEL may replace a flower, variety, colour, foliage, packaging or decorative element with an item that is as close as reasonably possible and of equivalent or higher quality and value, while preserving the overall spirit and price/quality level of the product ordered. A reasonable variation resulting from the natural, handcrafted and seasonal nature of the Products does not, by itself, constitute a defect. If a substitution would materially alter the style or value of the order, KANEL may contact the Customer before preparation where this is reasonably practicable.

3. Prices, taxes and charges

Prices are displayed in Swiss francs (CHF), inclusive of taxes according to the Swiss VAT rates applicable at the time of the order. Delivery charges and any other optional fees are shown separately before final confirmation of the order. KANEL may change its prices at any time. The contract price is the price displayed when the Customer confirms the order, subject to an obvious display or calculation error. In the event of such an obvious error, KANEL will inform the Customer and offer either to confirm the order at the corrected price or to cancel it with reimbursement of any amounts already paid.

4. Ordering process and conclusion of the contract

The Customer selects the Products, any options, the preferred delivery date, the delivery details and the payment method. Before confirmation, the Customer is responsible for checking the accuracy of the order summary and correcting any errors. The order becomes binding once payment has been authorised and KANEL has sent an electronic order confirmation. KANEL may nevertheless refuse or cancel an order in the event of reasonable suspicion of fraud, an obvious error, exceptional unavailability, an abnormal quantity, impossibility of delivery or a previously unresolved dispute, with reimbursement of amounts collected for the cancelled order.

5. Information provided by the Customer

The Customer is responsible for the accuracy and completeness of the information provided, in particular the recipient’s name, address, postal code, telephone number, access instructions, establishment, department, room, company or reception concerned. KANEL is not liable for any delay, impossibility of delivery, delivery to the wrong person or deterioration resulting from incorrect, incomplete or late changes to information by the Customer or the recipient. The costs of a new shipment or delivery attempt required for this reason may be charged to the Customer.

6. Payment

Payment is due at the time of the order using the methods offered in the payment process, including bank card, TWINT, Apple Pay, Google Pay or any other method then available. Payments are processed by specialised and secure payment service providers. In the event of payment refusal, failure, cancellation or chargeback, KANEL may suspend or cancel the order. KANEL does not retain the Customer’s complete payment-card data when such data are processed directly by the payment service provider.

7. Delivery: general principles

KANEL delivers within Switzerland according to the areas, days, cut-off times and options displayed on the Site at the time of the order. Depending on the destination, delivery may be carried out directly by KANEL or entrusted to a third-party carrier or logistics partner. The date and, where applicable, time slot displayed and selected by the Customer are delivery preferences offered on the basis of logistics capacity normally available. KANEL uses reasonable efforts to meet them but does not guarantee a precise time or the absence of any delay. Unless KANEL has given a specific and express written commitment, the selected date or time slot is not a guaranteed deadline whose overrun would automatically entitle the Customer to cancellation or a full refund of the order. For deliveries entrusted to a third-party carrier, KANEL prepares and hands over the orders to the carrier according to the service and schedule provided. Orders forming part of the same dispatch may be handed over to the carrier at the same time; arrival times, delivery rounds, sorting and distribution operations then fall within the carrier’s operational responsibility. KANEL nevertheless remains the Customer’s point of contact and retains any obligations that cannot be excluded under Swiss law.

8. Delays, transport incidents and consequences

A delay may exceptionally occur, including as a result of a sorting incident, route or delivery error, network overload, carrier IT issue, adverse weather, traffic restrictions, strike, accident, breakdown, official measure or any other event beyond KANEL’s reasonable control. Where KANEL has prepared and handed the order to the carrier within the normally required timeframe, a delay attributable to transport does not, by itself, entitle the Customer to a refund of the Product. Bouquets shipped by KANEL are packed using a hydrating transport system (“Hydrated Freshbag”) designed to maintain flower hydration during transport, including in the event of a delay of up to 72 hours under normal transport conditions. As long as the Product is delivered in a condition consistent with its nature and the quality reasonably expected, a delivery delay is not treated as loss of the Product or as a defect automatically justifying a full refund. If delivery takes place one day after the preferred date, the Customer may request reimbursement of the delivery charges invoiced for the order concerned. Reimbursement of the delivery charges is the commercial remedy normally offered where the bouquet remains compliant and fit for its intended use. Depending on the length of the delay, the actual condition of the Product and the circumstances, KANEL may also offer a new delivery, replacement, credit note, or partial or full refund where justified. If the order is ultimately not delivered, or is lost, destroyed or delivered in a condition that no longer reasonably allows its intended use, KANEL will review the situation and offer an appropriate solution, which may include priority reshipment, a credit note, replacement or refund. Unless mandatory law provides otherwise, KANEL is not liable for indirect consequences arising from a delay or failed delivery, including loss of an opportunity, event, ceremony or appointment, business loss, loss of turnover or costs incurred with third parties. During periods of very high activity (including Valentine’s Day, Mother’s Day, year-end holidays or other exceptional peaks), time slots, estimates and usual delivery times may be extended or adjusted. Unless there is a specific written commitment, delivery made on the preferred day but at a different time from that usually observed does not constitute a compensable delay.

9. Recipient absence, safe-place delivery and special locations

If the recipient is absent or unavailable, the courier or carrier may, in accordance with its procedures and available instructions, contact the recipient, leave the parcel in a location considered safe, hand it to a neighbour, reception desk, concierge or collection point, or arrange another attempt. KANEL cannot guarantee a second attempt on the same day or the absence of additional charges where another attempt is required because of the recipient’s absence or unavailability. Where the Customer or recipient expressly authorises delivery without handover in person, changes the address, date or instructions with the carrier, redirects the parcel, postpones delivery or requests a particular delivery method after dispatch, any risk of delay, deterioration or failure directly resulting from that instruction cannot be attributed to KANEL, within the limits of mandatory law. For hospitals, clinics, hotels, companies, public authorities, schools, residences or other controlled-access locations, delivery is deemed completed when the parcel is handed to reception, front desk, mailroom, concierge or any person authorised to receive deliveries on behalf of the recipient, unless otherwise agreed in writing in advance. KANEL cannot guarantee personal handover to the recipient inside such premises.

10. Receipt, care of flowers and transfer of risk

As flowers are perishable, the recipient must take charge of the parcel as soon as reasonably possible after delivery and follow any care instructions provided by KANEL. Deterioration caused by prolonged storage, unsuitable temperature, failure to place the flowers in water, frost, high heat or improper handling after delivery does not constitute a defect attributable to KANEL. The risk of loss or deterioration passes when the order is actually handed to the recipient or left in accordance with the Customer’s/recipient’s instructions or the agreed delivery arrangements, subject to any applicable mandatory rules.

11. Claims relating to perishable products

Given the perishable nature of flowers and plants, any claim concerning the condition of the bouquet, its freshness, visible damage, an incorrect product or apparent non-conformity must be reported to KANEL as soon as possible and ideally within 24 hours of delivery. The claim must allow KANEL to identify the order and assess the issue. KANEL may request clear photographs of the Product, its packaging and, where applicable, the shipping label. The Customer must retain the Product and packaging for the reasonable period required to process the claim. A late claim may make it impossible to identify the cause of deterioration of a fresh product and may be rejected where the delay reasonably prevents KANEL from establishing that the defect existed at the time of delivery. This procedure does not deprive the Customer of any mandatory rights granted under Swiss law.

12. Warranty and remedies in the event of a defect

Where a defect is established and attributable to KANEL, KANEL may, depending on the circumstances and within the limits permitted by Swiss law, replace the Product, arrange a new delivery, grant a price reduction, issue a credit note or provide a partial or full refund. For natural products, reasonable differences in shade, degree of flower opening, stem length, arrangement or variety resulting from the season, arrivals or handcrafted work are in particular not considered defects, provided that the quality, value and overall spirit of the creation are preserved.

13. Cancellation, amendments and absence of a general right of withdrawal

Swiss law does not provide for a general right of withdrawal for online purchases. KANEL therefore does not grant an automatic right of return or withdrawal for flowers, plants, perishable products, arrangements prepared for a specific date or personalised products. Any cancellation or amendment request must be sent to KANEL as early as possible. As long as preparation, specific procurement or dispatch has not begun, KANEL may accept the request as a commercial gesture. Once the order is being prepared, personalised, specially procured or handed to the carrier, KANEL may refuse any cancellation or amendment and retain all or part of the price corresponding to costs and services already incurred, subject to mandatory law.

14. Flower subscriptions

Where a flower subscription is offered, its duration, frequency, price, number of deliveries and any options are stated on the offer page and in the order summary. Unless stated otherwise, each bouquet is intended for the month or period announced at the time of subscription. For a fixed-term prepaid subscription, the price is payable in accordance with the terms stated at the time of subscription. The subscription is not automatically cancellable or refundable merely because the Customer changes their mind. Amounts corresponding to deliveries already prepared, procured or definitively committed are non-refundable, subject to applicable mandatory rights. Where KANEL contacts the Customer or recipient to agree or confirm a delivery date and no response is received within a timeframe allowing normal organisation of dispatch, KANEL may make the delivery during the month or period originally provided for under the subscription, on a date selected according to its logistics capacity. The Customer or recipient may request postponement of a future delivery by contacting KANEL at least two (2) business days before the scheduled preparation or dispatch date. Any request received after preparation, specific procurement or dispatch has begun may be refused or may result in additional charges. A postponement does not entitle the Customer to a cash refund and only moves the delivery concerned, unless KANEL agrees otherwise as a commercial gesture. If the recipient persistently refuses deliveries, repeatedly remains unreachable or fails to provide the necessary information despite KANEL’s reasonable requests, KANEL may suspend performance until the situation is clarified. Costs already incurred for a prepared or dispatched delivery remain payable. KANEL will nevertheless seek a reasonable solution with the Customer in order to reschedule the remaining subscription deliveries.

15. Gift vouchers, promotional codes and commercial benefits

Gift vouchers, promotional codes, discounts and benefits are subject to the conditions displayed when they are issued or used, including validity period, eligible products, minimum amount, combination rules and single-use restrictions. Unless otherwise required by law, they cannot be exchanged for cash and cannot be refunded after use. KANEL may deactivate a code obtained or used fraudulently, abusively or contrary to the conditions of the offer.

16. Liability

KANEL is liable for direct damage for which it is legally responsible. To the extent permitted by Swiss law, any liability for indirect or consequential damage is excluded, including loss of profit, business interruption, loss of opportunity, commercial harm or costs incurred with third parties. To the extent permitted by mandatory law, KANEL’s total liability in connection with an order is limited to the amount paid for the order concerned. No limitation contained in these Terms applies where prohibited by law, including in cases of wilful misconduct, gross negligence or mandatory liability that cannot be excluded. KANEL is not liable for failures resulting from force majeure or an event beyond its reasonable control, nor for consequences attributable to the Customer, recipient or a third party, subject to KANEL’s mandatory legal obligations.

17. Data protection

KANEL processes personal data necessary for the management of orders, deliveries, payments, customer relations, fraud prevention, marketing where authorised, and operation of the Site in accordance with applicable Swiss data protection legislation, in particular the Federal Act on Data Protection (FADP). Detailed information regarding purposes, recipients, retention periods and the rights of data subjects is set out in the Privacy Policy published on the Site. Certain data required to fulfil an order may be shared with the relevant payment providers, carriers, hosting providers or technical service providers.

18. Intellectual property

The contents of the Site, including texts, photographs, graphic creations, logos, visual elements, structure, databases and editorial content, are protected by applicable intellectual property rights and belong to KANEL or their respective rights holders. Any unauthorised reproduction, extraction or use is prohibited, subject to exceptions provided by law.

19. Customer service

For any question concerning an order, delivery or claim, the Customer may contact KANEL at hello@kanel.ch or via the other contact details published on the Site. Postal address: KANEL FLOWER Sàrl, Chemin de Delay 6, 1214 Vernier, Switzerland.

20. Amendment of the Terms, applicable law and jurisdiction

KANEL may amend these Terms at any time. The version applicable to an order is the version accepted by the Customer when that order is concluded. These Terms and contracts concluded with KANEL are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent such exclusion is permitted. For business customers, the exclusive place of jurisdiction is Geneva, Switzerland. For consumers, mandatory places of jurisdiction provided by Swiss law remain reserved and cannot be excluded by these Terms. If any provision of the Terms is void, unenforceable or partially invalid, the remaining provisions shall remain in force. To the extent possible, the affected provision shall be replaced by a valid rule that most closely reflects its economic and legal purpose.