PLEASE READ THESE TERMS CAREFULLY BEFORE MAKING A PURCHASE. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST REVIEWED THEM.

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Last updated: 1st July 2024

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What’s in these Terms?

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These are the terms on which we supply products to you via our website: www.everblum.at (the “Website”).

 

Information about Everblum and these Terms

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In these Terms:

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“Products” means the items we sell to you through the Website.

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“Everblum” means Everblum e.U., Engerthstraße 214E/3/29, 1020 Vienna, FN 628933 b. We are the owner and operator of the Website and the seller of the Products on the Website; and

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“you” or “your” means the person using our Website to buy Products from us.

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How to Contact Us

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If you have any queries or complaints, you can contact us by e-mail at: hello@everblum.at.

 

Address: Engerthstraße 214E/3/39, 1020 Vienna.

 

Acceptance of these Terms

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1. By making a purchase of our Products via the Website, you confirm that you (a) accept these Terms; and (b) agree to comply with these Terms; and (c) that you are legally bound by these Terms.

2. We can make changes to these Terms at any time, without notice. This being said, the Terms in effect on the date that you submit your order, will be the version of the Terms that apply to your order.

3. These Terms are published in English and German only. We recommend that you print or save a copy for future reference.

 

Other Terms

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These Terms refer to the following additional terms, which also apply to your use of our Website and information that you provide to us when making a purchase:

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(i) Our Terms of Website Use, which sets out how you must use the Website; and

(ii) Our Privacy Policy.

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Your Personal Information

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Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy.

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Placing Orders

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The process for placing an order with Everblum is as follows:

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1. First you will need to select your Product(s) on our Website. You will also be required to provide any details of how you would like the Product(s) to be displayed.

2. Please be aware that you may be taken to a third-party website to make payment for your Product(s).

3. Once you have placed your order, you will receive an order confirmation from Everblum, by email.

4. You will be required to accept these terms and conditions when you place your order.

 

Should you need to change your order or certain data contained within it, you will need to email us at: hello@everblum.at and we will let you know if it is possible to change your order.

 

Your Contract with Us

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1. We invite you to purchase our Products, and you offer to buy the Products from us when you place an order with us. When you place an order with us, you also indicate your complete awareness and acceptance of these Terms.

2. After your place your order, we will send you an acknowledgement email to say that we have received your order.

 

Product Pricing

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All Product prices are clearly indicated on the Website. Payment is accepted in Euros. Your order will be shipped from Vienna, Austria.

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The prices are stated in Euros (€), and include sales tax at the applicable rate, but exclude delivery charges. Shipping expenses are displayed at the time of the Order. The cost for each shipment may vary, depending on the shipping and payment methods as well as on the final destination, and total order amount.

 

Prices for our Products and delivery charges may change at any time, without notice.

 

If there has been an error on the Website regarding the pricing of any of our Products and this affects your order, we will try to contact you using the contact details that you provided when placing your order.

 

Invoicing and Payment Terms

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You can only pay for Products using credit card, debit card, Apply Pay, Google Pay and Sofort[GC5] .

We use a third-party, Wix, to host our Website. Wix is PCI-DSS compliant (for more information, please see: https://support.wix.com/en/article/wix-payments-and-pci-compliance). Authority for payment must be given at the time the order is made. By clicking “PAY NOW” you are confirming that the credit or debit card is yours. The amount authorised by you will be taken when you place your order. All payments by credit card or debit card need to be authorised by the relevant card issuer and we may also need to use extra verification or security steps.

 

Shipping Flowers

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You acknowledge that you are solely responsible for shipping or dropping the flowers off to Everblum at: Engerthstraße 214E/3/29, 1020 Vienna.

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You understand that if you have ordered the shipping kit from Everblum and you need to change the address or send out the kit earlier than initially planned, you must give Everblum at least three weeks’ advance notice. Failure to do so will not result in a refund or issuance of a new kit.

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You understand that failure to adhere to the provided shipping instructions may result in damaged flowers, which the artist may deem unworkable. You may be given the option to downsize frames or change the layout style to accommodate your flowers. If the flowers are unsalvageable, they will be discarded, and your order will be cancelled with a refund.

 

You understand that any glass vases, pendants, charms, ribbons, or other items sent to hold/decorate your flower stems will not be returned to you. You must remove these items from your bouquet prior to shipping if you wish to retain them.

 

We agree to ship the Products within an estimated three (3) months of acknowledgement of your order. During peak periods, processing times may be longer.

 

We will provide you with an estimated delivery timeframe for your order. [GC11] [GU12] [GC13] [GC14] Products are delivered by way of courier, and delivery times vary depending on the place of destination. In any event, delivery dates indicated at the time the order is placed (if any) are approximate.

 

We will not be liable in any way to you for any delays in fulfilling the order or in delivering the Products due to circumstances beyond our reasonable control.

 

We will send the Products to the mailing address specified by you when you placed your order. Once we have turned over the Products to the courier, you will receive an email confirming the shipment. Alternatively, you may arrange to collect the Products from us at: Engerthstraße 214E/3/29, 1020 Vienna.

 

Deliveries are made from Monday-Friday, during normal business hours, except on national holidays, according to the terms and conditions set forth by the courier. Delivery will take place when we deliver the Products to the address you gave us in the order. At the time of delivery of the Products by the courier hired by us, you should carefully check:

 

(a) the packaging has not been damaged or otherwise altered; and

(b) that the number of delivered pieces matches the amount indicated in the shipping document.

 

You must immediately report any damage to the packaging or to the Products or if the number of units/packages or indications do not match, by contacting us at: hello@everblum.at, indicating the order for which these problems occurred.

 

You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to you when you take possession of the Products.

 

Events outside the reasonable control of the parties, including but not limited to unavailability of means of transportation and unforeseen or unavoidable events (e.g., natural disasters, extreme weather, industrial action) that result in a delay in deliveries or make deliveries difficult or impossible or cause significant increases in our delivery expenses, will give us the right to split up, resend or cancel the order, in full or in part, or to cancel your contract with us. In these cases, we will inform you of our decision by sending an e-mail to the address provided by you when you placed your order, and you will only be entitled to a refund of any sums already paid, excluding any other claims against us for any reason.

 

End of the Contract

 

If the contract between us is ended it will not affect our right to receive any money which you owe to us under these Terms.

 

Our Responsibility to You

 

If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you may suffer as a result. By 'foreseeable', we mean that, at the time the contract was made, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

 

We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage; for purposes of clarity, this includes any indirect, consequential, special or exemplary loss or damage.

 

Our liability for direct loss or damage arising out of or relating to an order shall be limited, in the maximum aggregate, to the total price paid and payable for the Product(s) which gave rise to the claim for loss or damage.

 

Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

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Transfer of Rights

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We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on our site if this happens.

 

You are not allowed to transfer your rights or obligations under these Terms to anyone without our prior written consent.

 

Other Important Terms

 

No one other than us or you has any right to enforce any of these Terms.

 

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.

 

Any notice under these Terms must be given in writing. The parties agree to receive all communications, agreements, and notices under these Terms (“Communications”) electronically, including by e-mail or by posting on the Website. The parties agree that notices delivered electronically satisfy any legal requirement that such Communications be in writing. You further agree that we are not responsible for your failure to receive notices if you fail to provide accurate and up to date personal contact information.  Communications will be deemed given on the day sent.

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Applicable Law and Place of Jurisdiction

 

These Terms as well as any other contract entered into with you are governed by the laws of Austria. Any controversy arising from or relating to the interpretation, execution, validity, or efficacy of these Terms and of any other contract entered into with you will be submitted to the exclusive jurisdiction of the courts located in Vienna, Austria.

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The Process

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You understand that the flowers will be pressed in the condition they are received, meaning any bruised or damaged flowers may show similar defects in the final piece. If any flowers are deemed unworkable, you may choose to purchase replacement stems from Everblum's chosen local florist.

 

You acknowledge that during the pressing process, flowers may fade or change colour due to their natural properties.

 

Besides the comments included with the order, you grant the artist creative freedom to determine the best design. You agree to trust the artist's judgment.

 

You understand that some flowers and elements of a bouquet may be too thick to press and frame within the available size constraints.

 

You understand that you can request the return of any unused pressed elements of your bouquet. Failure to request this option will result in the remaining pressed flowers and greenery becoming the property of Everblum.

 

You fully understand that Everblum does not work with single flower white bouquets (e.g., solely white long stem roses) unless an exception is granted by the artist.

 

You acknowledge that the Everblum team will communicate with you via the email address provided with the order. It is your responsibility to notify the team at hello@everblum.at if your email address needs updating.

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Final Product

 

You may request to see a mock design of the bouquet arrangement before the final product is assembled. You may request changes or tweaks to the design up to three times before finalization. If you do not request a photo, the artist will proceed with the design as deemed best.

 

You understand that despite careful packaging, damage may occur during shipping. In such cases, you will notify Everblum immediately via email and provide photos of the damaged item before resealing the box.

 

If your package is returned to sender due to failure to pick up the package in time, refusal of delivery, or provision of an invalid address, you acknowledge that you will incur a small fee for reshipment.

 

You understand and agree to the refund and cancellation policy is as stated below.

 

You acknowledge that the artist works alone and may experience delays in fulfilling orders and responding to emails.

 

International Orders

 

You understand that you are fully responsible for any tariffs, import taxes, or other fees associated with international shipping. Additionally, you acknowledge that you may be charged additional shipping costs if the initial charge is insufficient.

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If the frame arrives damaged, you understand that it is your responsibility to have it repaired by a local frame company. Everblum will not cover the costs of returning the frame to Austria for repair.

 

Once the package leaves Austria, you acknowledge that it becomes your responsibility.

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Shipping Policy

 

If residing outside Vienna, Austria, you must select one of the shipping options during checkout. Detailed instructions on sending flowers will be emailed to you after placing the order. A shipping fee will be added to the final total, covering only the cost of shipping the finished frame back to you.

 

The cost of shipping flowers to Everblum is your responsibility.

 

For residents of Vienna, you may also choose in-person drop-off (1020) or Floradl bike service during checkout.

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Cancellation Policy

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You may cancel your order at any time until Everblum receives your flowers. If cancelled within 48 hours of placement of your order, you will receive a full refund. This refund will be provided without undue delay, using the same means of payment as you used for the initial purchase, unless otherwise agreed in written correspondence between us and you. After 48 hours, a 15% service fee will be deducted from the refund. Please email: hello@everblum.at as soon as possible, if you wish to cancel your order. A template cancellation form is included in the Appendix to these Terms.

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Refund Policy

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Everblum does not offer refunds on custom pieces due to their bespoke nature. In case of an error on Everblum's part, you may reach out to Everblum for resolution by email at hello@everblum.at. Specific details should be included when placing an order, granting the artist creative freedom beyond these specifications.

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For purposes of clarity, we only provide the cancellation and refund rights above.

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Product Non-Compliance and Defective Products

 

We honour our legal duty to provide you with Products that are as described on our Website.

 

As a consumer, you have legal rights in relation to the Products and nothing in these Terms shall affect your legal rights. Your legal rights under Austrian consumer protection law are summarised below. These may be subject to certain exceptions.       

 

A summary of your key legal rights in respect of Products purchased from us is as follows:

(a) goods must be as described, fit for purpose and of satisfactory quality; and

(b) during the expected lifespan of your Product, your legal rights entitle you to the following:

 

Up to one (1) year:

 If a defect becomes apparent within 1 year of delivery of your Product(s), you can ask Everblum to repair or replace the Product, give you a price reduction for the defective Product(s), or give you your money back if repair or replacement of the defective Product(s) is not possible

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Up to two (2) years:

If a defect becomes apparent within two years of delivery of your Product(s) and Everblum is not able to repair or replace the defective Product(s), you may be entitled to a reduction in the price of the defective or non-conforming Product(s), or all or some of your money back.

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If you wish to make a legal claim against Everblum, you must do so within three (3) months of the end of the warranty period.

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If your Product(s) are faulty or mis-described, please contact us as soon as possible by email at hello@everblum.at. A communication from Everblum will follow, indicating the repair, replacement and/or refund methods available, which you can select from at your discretion.

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APPENDIX

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Model Cancellation Form

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To: [enter your address here]

E-Mail: [enter your email address here] 

I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods:

[SPECIFY GOODS]

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if this form is notified on paper)

Date

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(*) Delete as appropriate