WIEN'S 1. MODERNER, NACHHALTIGER BLUMENLIEFERSERVICE!

AGB

AGB

§1 Terms of Use

By ordering in our online shop www.abunchofkindness.com, you expressly agree to the Terms & Conditions (“T&Cs”) defined on this page.

Please note that by using this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability. You also acknowledge that you have read and understood these T&Cs. A Bunch of Kindness reserves the right to amend or update this information at any time without providing notice.

Any agreements that deviate from or supplement these T&Cs must be in writing. Should individual provisions of these Standard Terms and Conditions be ineffective, this shall not affect the obligation of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective one that comes closest to the meaning and purpose.


§2 Conclusion of contract

The contract is concluded with the completion of the payment process and the sending of the order confirmation via e-mail.


§3 Orders

  • The photos in the online shop is an example only and does not represent the actual delivery. To see the Bunch of the Week and what flowers will constitute in your delivery, A Bunch of Kindness puts up in its social media channels, every Monday (unless a public holiday then the following working day), the Bunch of the Week which should give an idea of which flowers might constitute in the delivery of the said week. The flower colours, sizes, and types are subjected to change unless otherwise agreed specifically in writing.
  • Occasionally, the flowers in the bunch featured for sale may be substituted with alternative flower types if stock runs low during the day. However, our team will make sure that this substituted bunch resembles the featured bunch as closely as possible. If it results in a dramatically different style, then the sender will be notified.
  • If you choose to send on a later date you accept that you will not see the combination of flowers until the day of delivery, when it will be too late to change your order.
  • If you have entered into a subscription arrangement to receive flowers on a regular basis (weekly, fortnightly or monthly) you agree that your subscription will continue until such time as it is cancelled by you. If you wish to cancel your subscription you must do so prior to the next payment renewal. If we encounter any supply issues we will inform the sender immediately and give them the option of either a full refund or resending their flowers on an alternative day
  • Your order represents a binding offer. The right of withdrawal as per clause Right of withdrawal below stays unaffected.


§4 Price

  • Unless stated otherwise, the prices include the applicable sales tax. Delivery in our delivery area and the optional greeting card are already included in the price.
  • Discount codes are not applicable to already reduced or on offer products.
  • Product prices may vary over time and therefore the product prices at the time of the order apply to the contract conclusion.
  • Any fees due to foreign currency transactions or exchange rate is the responsibility of the customer.


§5 Payment

  • The following payment methods are acceptable on the online shop : credit card ( Mastercard, Visa), Paypal, cryptocurrency (Bitcoin, Ethereum etc.) & Klarna.
  • A Bunch of Kindness reserves the right to add or remove any payment method without notice.
  • Customer agrees that all communication including invoices and credit notes will only be sent in electronic form.


§6 Delivery

  • The order is delivered on the date selected by the customer for which the customer has received an order confirmation.
  • All orders are delivered by A Bunch of Kindness and its partners. Customers automatically give authority for their order to be left unattended at their nominated delivery address if the recipient is not present. Customer agrees to let our drivers use their best professional judgment as to whether or not the flowers can be safely left at the delivery address should no one be there to receive them.
  • If a delivery has been attempted unsuccessfully and requires a second or subsequent delivery to be made (e.g. You have provided us with an incorrect address or no one is home during your selected delivery time and there is no safe place to leave the order) a redelivery fee will apply relevant to the delivery area. You will be contacted before the order is redelivered and given the option to pick the order up from our store 4. District of Vienna. If A Bunch of Kindness is in any way responsible for the redelivery, this redelivery fee will not apply.
  • Our delivery hours are between 9.00am and 5.30pm. All delivery times provided by A Bunch of Kindness are estimates only. We will not be liable for late deliveries. Please note that A Bunch Of Kindness is unable to guarantee specific delivery requests such as “Deliver before 2pm” or “leave parcel in with neighbour”, however A Bunch of Kindness will try to accommodate such requests wherever possible.
  • We’ll leave flowers at, or near, the door, or in another place we deem safe if there is no answer when we deliver. If necessary, we will contact the sender to let them know where we’ve left the flowers. If there is nowhere safe to leave them we’ll call the sender to re-arrange delivery. If a security person or concierge is obligated to receive the flowers on the recipients behalf, we cannot accept responsibility for the flowers from this point on.
  • An E-mail confirmation will be sent to the sender once delivery has been made. A Bunch of Kindness endeavours to immediately send such confirmations, however technical issues could delay this confirmation.
  • If due to force majeure or adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), strike, environmental catastrophes or official orders etc, delivery time might be affected. This is out of A Bunch of Kindness’s control and we cannot be held responsible for late delivery of the order.
  • For Hospital Delivery : the customer is solely responsible to verify if the Hospital will permit delivery. If for any reason the hospital does not permit the delivery of the order, the items will be returned to our Studio and the customer will be notified. Customer can choose then to have the order delivered to an alternative address, however a re-delivery cost will apply. The order cannot be refunded in such situation.


§7 Warranties & Limitation of Liabilities

  • If the delivered goods are defective or lack guaranteed properties, the flower shop is initially entitled to choose to deliver a replacement to the customer or to repair the goods. If the repair or the replacement delivery fails, the customer can either demand a price reduction or withdraw from the contract.
  • Defects must be reported to the flower shop immediately, but no later than 24 hours after delivery in writing along with photo evidence of the defect. The defective goods must be made available for inspection by A Bunch of Kindness in the condition in which they were at the time of the defect. A breach of the above obligations excludes any warranty from the flower shop. The reversal of the burden of proof according to § 924 ABGB is excluded. The statutory warranty regulations apply to customers who are consumers within the meaning of the KSchG.
  • A Bunch of Kindness does not provide compensation for non-compliance with care instructions.
  • Claims for damages due to impossibility of performance, non-performance, positive breach of contract, culpa in contrahendo and tort are excluded, unless the damage was caused intentionally or through gross negligence. The existence of gross negligence is to be proven by the injured party, unless it is a consumer.
  • All complaints must be made in writing to A Bunch of Kindness via Email and with digital photo evidence in case of damage claim.
  • In no case shall A Bunch of Kindness, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
  • As far as permissible by the applicable law, at no time will the overall liability of A Bunch of Kindness exceed the contract value of the order.


§8 Indemnification

You agree to indemnify, defend and hold harmless A Bunch of Kindness and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these T&Cs or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


§9 Severability
In the event that any provision of these T&Cs is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


§10 Retention of title

  • All goods remain the property of A Bunch of Kindness until full payment has been made.
  • Once your order is delivered, responsibility for the product purchased passes to the customer. This means that the risk of loss and title for your product passes to you upon our delivery to you. If you have requested a recipient who is not you for delivery purposes (for example, as a gift) then you accept that delivery at the recipient’s address is evidence of delivery and fulfilment by A Bunch of Kindness.


§11 Right of withdrawal

  • After any order has been placed and if for any reason the customer wishes to cancel the order, the customer may not get a refund unless in accordance with the Consumer Protection Act, where the customer is a consumer and not a company, the customer had the right to withdraw from the contract that was created within the framework of these T&Cs.
  • The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date can quickly be exceeded. This applies in particular to cut flowers and bouquets.
  • Please understand that due to the perishable nature of flowers, we are unable to accept returns. In the unlikely event that there is a problem with your order, if it is not delivered as specified on the order confirmation, If the shipment arrives damaged or dies or withers within 48 hours of delivery, A Bunch of Kindness requires within 24 hours a digital photo of the damage to be sent to hello@abunchofkindness.com along with the details of the order.  In most cases, if the defect is attributed to A Bunch of Kindness, we will re-deliver your purchased products again for free.
  • If the order has been dispatched or delivered there will be no refund. A Bunch of Kindness will not be responsible for wrongly entered delivery address, although a re-delivery can be requested with a re-delivery fee. However, granting of re-delivery is at the sole discretion of A Bunch of Kindness. All claim must be made within 24 hours of the delivery date. Any time after the elapsed time the flowers will be discarded and order will be marked as fulfilled.
  • In the event of adverse weather conditions, A Bunch of Kindness is unable to refund or offer re-delivery of affected orders. A Bunch of Kindness will stive to fulfill its order commitments as soon as weather permits and is able to resume normal services.


§12 Cancellation, Changes & Refunds

  • Changes and cancellations to orders will be accepted 24 hours prior to the delivery day. Either a refund or store credit will be issued depending on the reason or a new delivery date will be organised. After this, we are unable to offer a refund and a store credit will be issued to you.
  • In case of any issues with the quality, regretfully, we cannot arrange a resend of fresh flowers or refund if the original flowers delivered/received are disposed of, thereby making them unavailable for our team to assess the cause of the problem. Therefore we do require a clear image of the entire flower bunch or arrangement in question.
  • Unfortunately, as flowers are perishable, we are unable to replace/refund flower orders due to a simple change of mind.


§13 Online Dispute Resolution

If you are dissatisfied with the resolution of A Bunch of Kindness in relation to your order, you can open a dispute at the official platform of the EU commission for online dispute resolution http://ec.europa.eu/odr


§14 Jurisdiction and Applicable Law

These T&Cs and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the applicable laws of Austria with the responsible court in Marxergasse 1a, 1030 Wien. The provisions of the UN Sales Law do not apply.

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