Terms & Conditions
Please note: Only the German Terms & Conditions (AGB) are legally binding. This English version is provided for convenience only.
Terms & Conditions (English) PDF1. Scope
These General Terms and Conditions (GTC) apply to all services and deliveries provided by JE Floral Design GmbH, Unterwaldi 2, 6376 Emmetten (hereinafter «JE Floral Design»). They cover in particular wedding floristry, event and business floristry, floral styling services and design subscriptions. By placing an order, the customer accepts these GTC. Deviating terms and conditions of the customer shall only apply if JE Floral Design has expressly agreed to them in writing. Individual written agreements shall take precedence over these GTC. These GTC are available in German and English; in the event of discrepancies, the German version shall prevail.
2. Offers and Conclusion of Contract
Our offers are subject to change and non-binding; unless otherwise stated, they are valid for 30 days. A contract is concluded upon written order confirmation (e-mail is sufficient) and receipt of a deposit of 50% of the order value. The deposit is payable within 14 days of the order confirmation. Only upon receipt of the deposit does the contract become binding and the agreed date reserved for both parties; if the deposit is not paid, no contract is concluded and the date reservation lapses. Verbal side agreements require written confirmation.
3. Scope of Services and Natural Products
JE Floral Design provides floral design services by individual arrangement – from concept development and production through to delivery, set-up and dismantling. As we work with natural products, the colour, shape, size and availability of individual flowers and plants may vary depending on season and market conditions. We reserve the right to use equivalent alternatives, provided the overall concept and the agreed colour palette are maintained. Minor deviations from the offer or mood board do not constitute a defect.
4. Prices and Payment Terms
All prices are in Swiss francs (CHF). If JE Floral Design is subject to value added tax, prices include statutory VAT. Delivery, set-up and dismantling are included in the offer unless otherwise stated. The balance remaining after the deposit pursuant to Clause 2 is payable no later than 14 days before the agreed date. If the balance is not received on time, JE Floral Design is entitled, after setting a short grace period, to withdraw from the contract; in this case, Clause 6 (Cancellation) applies accordingly. For orders placed less than 30 days before the date, the full order value is due immediately. Additional services beyond the confirmed order (e.g. short-notice extensions on site) are charged on a time-and-materials basis and invoiced after the event; unless otherwise stated on the invoice, the final invoice is payable within 30 days. Flower prices are subject to market fluctuations (e.g. season, crop failures). If procurement costs demonstrably increase between the conclusion of the contract and the date, JE Floral Design is entitled to pass on the additional costs up to a maximum of 10% of the confirmed order value; the customer will be notified of any such adjustment as early as possible, and at the latest before execution. For design subscriptions, the price adjustment provisions of Clause 13 apply. In the event of late payment, default interest of 5% p.a. will be charged.
5. Order Changes
Changes to the confirmed order are possible up to 30 days before the agreed date. Additions are possible at any time, subject to availability. The order may be reduced by a maximum of 20% of the confirmed order value. After this point, the confirmed order value applies for invoicing purposes.
6. Cancellation
Cancellations must be made in writing; the time of receipt by JE Floral Design is decisive. The following graduated compensation applies: for cancellations up to 90 days before the agreed date, the deposit of 50% of the order value is retained. For cancellations between 89 and 30 days before the date, 60% of the order value is due; between 29 and 15 days, 70%. For cancellations 14 days or less before the date, or in the event of no-show, the full order value is due. The amounts retained compensate in particular for the consulting and planning work performed up to the cancellation and not invoiced separately, as well as for the reservation of the date. Special materials already procured and demonstrably rendered additional services are charged in addition, to the extent they are not covered by the above amounts.
7. Rescheduling
A one-time rescheduling is possible up to 30 days before the original date, provided the new date falls within 12 months and JE Floral Design is available at the desired time. The deposit paid will be transferred to the new date. Materials already procured that cannot be reused will be charged. If the new date falls in a different season or during peak floral periods, we reserve the right to adjust prices to reflect changed procurement costs. Any later or further rescheduling is deemed a cancellation followed by a new booking.
8. Force Majeure
In cases of force majeure or extraordinary circumstances (e.g. pandemic, natural events, official orders) that make performance impossible, we will seek a fair solution together with the customer – primarily a rescheduling. If JE Floral Design withdraws from the contract due to force majeure, payments made will be refunded, less services already rendered and materials already procured that cannot be used elsewhere; any further claims by either party are excluded.
9. Extraordinary Termination by JE Floral Design
JE Floral Design is entitled to terminate the contract extraordinarily and without compensation if there are reasonable grounds to believe that the event endangers the safety of persons, applicable law or the reputation of JE Floral Design. In this case, payments already made for services not yet rendered will be refunded.
10. Duties to Cooperate
The customer shall ensure that JE Floral Design has access to the venue at the agreed times and that the conditions required for set-up and dismantling (e.g. delivery access, electricity, any permits required by the venue) are in place. Arrangements with the venue and other service providers are made in mutual coordination. Delays or additional work attributable to a lack of cooperation are at the customer's expense and will be charged on a time-and-materials basis.
11. Freshness, Care and Complaints
Flowers and plants are natural products with a limited lifespan. The condition at the time of handover or at the start of the event is decisive for assessing the service; our work is designed and produced with this point in time in mind. The natural loss of freshness during or after the event – for example with bridal bouquets, wearable flowers or installations without a water supply – does not constitute a defect. No warranty is given for longevity after handover, in particular in cases of improper handling, extreme temperatures, draughts or direct sunlight. Obvious defects must be reported in writing immediately upon receipt; hidden defects immediately upon discovery. Decisive is the handover to the customer or to a person designated by the customer (e.g. venue or wedding planner). In the case of justified complaints, JE Floral Design will, at its own discretion, provide rectification or replacement. If this is not possible – in particular on the day of the event – the customer is entitled to an appropriate reduction of the price for the defective partial service; further claims are excluded, subject to Clause 14.
12. Rental and Return of Materials
Vases, vessels and decorative materials provided as part of an order remain the property of JE Floral Design and are not insured against theft or damage. From handover until return, the customer is liable for loss and damage, including where caused by third parties (e.g. guests or the venue). Items must be returned in perfect condition within 7 days of the event, unless otherwise agreed individually. Excessive soiling will be charged on a time-and-materials basis; normal signs of use do not count as damage. Damaged, lost or unreturned items will be invoiced at the purchase price plus replacement costs.
13. Design Subscriptions
For recurring floral designs (design subscriptions), the following provisions apply in addition: unless otherwise agreed, the contract is concluded for an indefinite period with a minimum term of 3 months. After expiry of the minimum term, it may be terminated by either party in writing with one month's notice to the end of a calendar month. Billing is monthly in advance. Individual deliveries may be suspended with timely notice (at least 14 days in advance), e.g. during company holidays. Price adjustments will be announced at least 2 months in advance; in the event of a price increase, the customer has an extraordinary right of termination effective as of the date the increase takes effect.
14. Liability
JE Floral Design is liable exclusively for damage caused by gross negligence or intent. Liability for slight negligence is excluded. Liability is limited to the order value to the extent permitted by law. Liability for auxiliary persons is excluded to the extent permitted by law. No liability is assumed for damage to premises, furniture or furnishings caused by the natural properties of flowers and plants (e.g. pollen, moisture, discolouration).
15. Intellectual Property and Image Rights
All concepts, mood boards, sketches and designs created by JE Floral Design are protected by copyright and may not be passed on to third parties or otherwise used without written consent. JE Floral Design is entitled to use photographs of the work performed for its own marketing purposes (website, social media, portfolio). If the customer does not wish any images to be published – for example for reasons of privacy – this must be communicated in writing before the order is placed. The customer agrees that JE Floral Design may request image material from the photographers and videographers working at the event and use it for its own promotional purposes, subject to approval by the respective creators and with credit given to them.
16. Data Protection
Personal data is collected and processed in accordance with our privacy policy and the provisions of the Swiss Federal Act on Data Protection (FADP).
17. Applicable Law and Place of Jurisdiction
Swiss law applies exclusively. The place of jurisdiction is, to the extent permitted by law, Stans, Canton of Nidwalden.
18. Severability
Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision.