Terms and Conditions

Preamble

The website www.myrtle.ch is administered by the company MYRTLE, registered under number CHE-162.647.837 and located Chemin Pont-de-Ville 5a, 1224 Chêne Bougeries.
The Terms and Conditions out below apply without restriction or reservation to all the sales concluded by the company MYRTLE with particular consumers.
These General Terms and Conditions of Sale and Use are available at any time on the website www.myrtle.ch and will prevail, as the case may be, on any other version or any other contradictory document.

Article 1: Integrality

These general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept unconditionally all the provisions of these terms and conditions. No general or specific conditions contained in the documents sent or delivered by the consumer will be able to be integrated into the present ones, since these documents would be incompatible with these general conditions.

Article 2: Definitions

The terms set out below shall have the following meanings between the parties:
– “Subscription”: means subscribing to a regular shipment of bunches, the frequency is chosen by the Customer.
– “Bouquet”: means an assembly of flowers previously assembled by MYRTLE.
– “Bunch / Bunches”: refers to the system of boxes of flowers to assemble, by means of a subscription.
– “Customer”: refers to the natural person who buys the products sold by the company MYRTLE.
– “Order”: means the fact to order and buy a product via the site www.myrtle.ch
– “Product”: means the merchandise offered for sale on the www.myrtle.ch website and whose essential information is present on the website.

Article 3: Object

These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods and services offered by LILAS BLUE to the consumer. They specify in particular the conditions of order, payment, delivery and tracking management of the order.

Article 4: Characteristics of the proposed products

Article 4.1: Products
The products offered for sale are those listed on the website www.myrtle.ch and are divided into several categories:
1. Bouquets and floral arrangements
2. Bunches and subscriptions
3. Fragrances and scented candles
4. Macaroons and chocolates
Category 4 articles cannot be sold individually at www.myrtle.ch. They always accompany the purchase of a bouquet or a subscription. The pictures on the site www.myrtle.ch are the most faithful possible but cannot ensure a total resemblance with the delivered product; the products that can be ordered depend on the season and the varieties may be possible to change, while ensuring that the bouquet is almost identical. We are committed to providing our best efforts, under an obligation of means and as far as possible, so that the floral product delivered is as close as possible to the photography of the selected floral product, in particular with regard to the shape, the dominant color and the dominant flowers, and while RESPECTING the price formula you have chosen.

Article 4.2: Vases and containers
The bouquets are delivered without vase. The containers appearing, if any, in the pictures represent only a suggestion of presentation but will not be delivered with the bouquets; the prices indicated do not take into account a vase.

Article 4.3: Personal Message
You can choose to attach a personal message to your bouquet, composition or floral bunch. To do this, simply write the desired message in the space provided for this purpose when placing your order. We reserve the right not to attach messages containing hate speech, violence, harassment, racism or intolerance on the basis of sexual orientation.

Article 5: Price

The prices listed on the www.myrtle.ch website are prices including all taxes in euros and Swiss francs, considering the VAT applicable on the day of your order; any changes in rates may be reflected in the prices of the products. We reserve the right to change these prices at any time, provided however that the price listed in the catalog on the day of your order will be the only one applicable to you. Shipping and delivery prices are not included in the prices displayed on the website www.myrtle.ch and are added at the time of placing your order.

Article 6: Geographical area

Myrtle offers deliveries in French-speaking Switzerland and neighboring France. A map with costs by municipality and canton is available on www.myrtle.ch. Deliveries farther are possible at the request of the customer by phone or email.

Article 7: Subscriptions

Article 7.1: Business Subscriptions

The corporate subscription is an annual commitment, offering a weekly delivery of flower arrangements delivered directly to the company every Monday.
Its rented with the composition the vases and containers associated, these to be returned every Monday when changing the composition.
For any cancellation, two months notice is required.

Article 7.2: Bunch of flowers
We offer a non-binding subscription of flower boxes, delivered to the home at the frequency desired by the customer. These boxes contain a bouquet to compose oneself, an explanatory leaflet as well as advice to maintain the flowers.
The customer chooses to receive this “bunch” of flowers either once a week, once every two weeks or once a month, and chooses the duration of his subscription. At any time, the subscription may be interrupted, meaning that it will terminate on the scheduled date and will not be renewed.
Images showing the bouquet’s rendering and tutorials are available on the MYRTLE Instagram page.

Article 8: Order

To place an order, you will need to follow the following steps:
> Complete the information sheet on which you will indicate all the requested details; by asking you to be as accurate and complete as possible in your contact information or that of the person to whom you intend this order (name, address, intercom code, floor …). At least one phone number is required to validate your order.
> Validate your basket of products.
> Take note of the delivery charges corresponding to the chosen place of delivery.
> Make the payment in the prescribed conditions.
> Confirm your order and its payment.
The confirmation of your order entails the acceptance of these general conditions of sale, the acknowledgment of having perfect knowledge of it and the waiver of your own conditions of purchase or other conditions. All data provided and the recorded confirmation will be worth proof of the transaction. Confirmation will be worth signing and acceptance of transactions. We will email you confirmation of the registered order.

Article 9 : Modification or cancellation of your order

You can change the delivery information or cancel your order before we’re preparing it. Simply send your request by email to contact@myrtle.ch or by phone at 0041.22. However, once the preparation of the order started, any cancellation of your order will be impossible.

Article 10: Payment

The price is due when ordering. Payments will be made by credit card (Visa, Mastercard or Maestro); they will be made through a secure system that uses SSL (Secure Socket Layer) so that the information transmitted is encrypted by software and no third party can read it during transport on the network . We do not have access to your bank details at any time.

Article 11: Delivery

Deliveries are made to the address indicated in the order form. We decline any responsibility in case of error in the details making it impossible to deliver your order.

Article 11.1: Delivery times
The customer defines on the website the day and time of delivery. You can contact us by phone or email to consider delivery outside the hours defined on the site without guarantee that this is possible.
Delivery prices are not included in the price of the product and are added at the time of placing the order.

Article 11.2: Days and periods of celebration
During holidays such as Valentine’s Day, Mother’s Day or Christmas, we open more delivery possibilities per week we will deliver in the time labs chosen in the site www.myrtle.ch at the time of placing your order.

Article 11.3: Delivery in public place
Special delivery terms apply to certain locations such as hotels, hospitals and offices. In these cases, the signature of the person authorized to receive the delivery will be accepted as proof of the delivery which will be considered as completed. Some institutions, such as hospitals, refuse flower deliveries. Please make sure the property accepts flower deliveries. In case of refusal of the order by the reception or the staff room, we will not be required to make a refund, but we will offer a new delivery.

Article 11.4: Force majeure
Our responsibility cannot be engaged if the execution of the contract is delayed or prevented because of events beyond our control such as the war, riots, the fire, strikes, accidents, climatic incidents imposing restrictions traffic and the impossibility of being supplied.

Article 11.5: Absence or refusal
We always call the costumer before delivery. If you do not want the costumer to be contacted, be sure to specify it in the comments about your order. In this case, it will be your responsibility to ensure that the costumer is present at the time of delivery. If the costumer is unavailable, we will not be required to make a refund or exchange.
In case of absence of the costumer to the delivery address, a notice will ask him to contact the company MYRTLE to reschedule the delivery of the product.
If the costumer do not contact MYRTLE following the notice, you will not be entitled to any refund or exchange. It will be the same if the costumer schedules a new delivery after exceeding the shelf life of the floral product.
In case of refusal of the costumer to take possession of the floral product, delivery will be deemed made and you cannot claim any refund or exchange.

Article 11.6: Non-receipt of products by the costumer
We undertake to inform you by email in case of refusal of the products by the costumer, in case of wrong or incomplete address preventing delivery or in case of delivery of a notice to the absent addressee. We draw your attention to the fact that, even in these cases, delivery will be considered as completed.

Article 11.7: Delivery Accidents
If an incident occurs during delivery (except force majeure), making it impossible, in accordance with Article 1138 of the Civil Code, the damaged product will be replaced at our own expense.

Article 12: Guarantee

All the products supplied by the seller benefit from the legal guarantee provided for in articles 1641 and following of the Civil Code.

Article 13: Right of retraction for the Consumer

As fresh flowers are perishable quickly, a right of retraction is not possible for them in accordance with Article L121-20-2 of the Consumer Code. However, for fragrances and candles, you have a right of retraction of seven days from the day of delivery. The product must be returned in perfect condition and in its original packaging. If you decide to exercise this right, you will have to send us an email or postal mail with pictures. The refund will be full and include all amounts paid, including delivery costs in accordance with the law Châtel January 3, 2008.
The refund will take place at the latest in the thirty days following the date on which your right of retraction has been exercised. The cost of return will be your responsibility unless one product of your order has been substituted by another for reasons of availability problem. In this case, these costs will be at our expense. However, to benefit from the right of retraction, the product must be returned in perfect condition and in its original packaging. If this is not the case, we will not be held to any compensation.

Article 14: Complaint

For bouquets, plants and fresh flowers, in case of complaint, we invite you to send us a photography of the product within two days after the indicative delivery date planned so that we can notice its defect. Items must have been properly launched, maintained and stored during this period. The product will then be exchanged or refunded, excluding any other compensation or damages. The exchange or refund is excluded when the floral products could not be delivered to the costumer on the delivery date originally planned.
For fragrances and candles, claims must be made within three days of the scheduled date of delivery and be accompanied by a photography. Once the defect is found, the product will be exchanged or refunded. In no case can there be any damages.

Article 15: Refund

The refund of the order will be possible only in case of retraction, claim or in case of error in the order or the delivery imputable to our service. Any refund will occur within a maximum of thirty days following the claims, the claim or the awareness of the error. All claims, requests for exchange or refund must be made by post mail or email.

Article 16: Termination for breach of contract of the client

In case of non-compliance with these terms and conditions, we reserve the right, without any compensation or notice to suspend or close the account of the user and refuse him for the future access to all or part of the service, without prejudice to the various criminal or contractual actions of common law which could be open to it.

Article 17: Protection of personal data

The collection and computerized processing of personal data by www.myrtle.ch are strictly subject to the law of January 6, 1978 relating to computers, files and freedoms.
The information collected as part of an order placed on the site www.myrtle.ch will be used exclusively for tracking your order, for delivery or for quality control purposes. This information will not be passed on to third parties.
In accordance with Article 34 of the law of 6 January 1978 relating to data, files and freedoms, you have a right to access, modify, rectify and delete data concerning you. You can exercise it either via the website www.myrtle.ch or by contacting us by post mail or e-mail.

Article 18: Intellectual property

The company MYRTLE owns www.myrtle.ch. This site, its composition, texts, images and videos presented are protected by intellectual property and its dependent rights. Their reproduction, downloading, copying or representation, even partial, is forbidden.

Article 19: Litigation

The present conditions of sale online are under French land Switzerland laws. In case of dispute, jurisdiction is assigned to the competent courts, notwithstanding plurality of defendants or warranty claim. However, in case of dispute, you are invited to contact MYRTLE in priority to try to find an amicable solution.

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