Terms & Conditions

Last Updated: December 1, 2023

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website or services operated by CSFloat ("us", "we", "our"). These Terms govern your access to and use of our website, products, and services. By accessing or using our website or services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access our website or use our services.

1. Acceptance of Terms

By accessing or using our Services, you confirm that:

  • You have read and understood these Terms
  • You agree to be bound by these Terms
  • You are at least 18 years of age or have the consent of a legal guardian
  • You have the legal capacity to enter into a binding agreement

If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

2. Definitions

In these Terms, the following definitions apply:

  • "Account" means the account created by a User to access and use the Services.
  • "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
  • "Order" means a request to purchase Products through the Services.
  • "Products" means the fruits, vegetables, and other items offered for sale through the Services.
  • "Subscription" means a recurring Order for Products at specified intervals.
  • "User" means an individual who accesses or uses the Services.
  • "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.

3. Account Registration and Use

3.1 Account Creation

To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.

3.2 Age Requirement

You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.

3.3 One Account Per User

You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.

3.4 Account Termination

We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.

4. Services and Products

4.1 Service Description

CSFloat offers plant care and landscape design services throughout Switzerland. Our services include garden maintenance, plant installation, landscape design, consultations, and related horticultural services. The specific scope, deliverables, timeline, and pricing for each service will be outlined in a separate service agreement or quote provided to you.

4.2 Service Availability

Our services are available in select regions within Switzerland. Service availability may vary based on location, season, and our capacity. We reserve the right to refuse service to anyone for any reason at any time.

4.3 Service Scheduling

Service appointments and landscape projects are scheduled based on availability and may be affected by weather conditions, seasonality, and other factors. We will make reasonable efforts to accommodate your preferred schedule, but cannot guarantee specific dates or times unless confirmed in writing.

4.4 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time without notice. We may also impose limits on certain features or restrict access to parts or all of the services without notice or liability.

5. Payments and Pricing

5.1 Pricing

Prices for our services are as quoted on our website, in our proposals, or as otherwise communicated to you. All prices are in Swiss Francs (CHF) and include applicable VAT unless otherwise stated. We reserve the right to change our prices at any time, but changes will not affect orders that have already been confirmed.

5.2 Payment Terms

Payment terms vary depending on the type and scope of services:

  • For one-time services, full payment may be required at the time of booking or upon completion of the service, as specified in your quote.
  • For large landscape design projects, a deposit (typically 30-50% of the total project cost) is required to secure your booking, with the remaining balance due upon completion or according to a payment schedule outlined in your contract.
  • For ongoing maintenance services, payment may be required monthly, quarterly, or annually, as specified in your service agreement.

5.3 Payment Methods

We accept various payment methods including credit/debit cards, bank transfers, and electronic payment systems as specified on our website or in our communications with you. All payments are processed through secure payment gateways.

5.4 Late Payments

Late payments may incur interest charges at the rate of 5% per annum above the base rate of the Swiss National Bank. We reserve the right to suspend services until outstanding balances are paid in full.

6. Cancellations and Rescheduling

6.1 Cancellation by Client

Cancellation policies vary based on the type of service:

  • For standard maintenance visits, cancellations must be made at least 48 hours in advance to avoid a cancellation fee.
  • For design consultations, cancellations must be made at least 72 hours in advance for a full refund.
  • For larger landscape projects, cancellation terms will be specified in your contract. Deposits may be non-refundable if significant preparation work has already been undertaken.

6.2 Rescheduling

If you need to reschedule a service, please contact us as soon as possible. We will make reasonable efforts to accommodate your request, subject to availability.

6.3 Cancellation by CSFloat

We reserve the right to cancel or reschedule services due to:

  • Unsafe working conditions
  • Severe weather
  • Staff illness or emergency
  • Force majeure events

In such cases, we will notify you as soon as possible and reschedule your service at no additional cost.

7. Intellectual Property

7.1 Our Intellectual Property

All content on our website and materials created as part of our services (including but not limited to landscape designs, planting plans, images, logos, and text) are the property of CSFloat or our licensors and are protected by Swiss and international intellectual property laws. You may not use, reproduce, distribute, or create derivative works based upon our content without our express written permission.

7.2 Your Intellectual Property

You retain ownership of any content you provide to us (such as photos of your garden or property). By sharing such content with us, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the content for the purpose of providing our services to you and for promotional purposes (such as before/after photos), unless you expressly prohibit such use.

7.3 Feedback and Suggestions

If you provide us with feedback or suggestions regarding our services, you grant us the right to use such feedback for any purpose without compensation or attribution to you.

8. User Conduct

When using our services or interacting with our team, you agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Use our services for any illegal or unauthorized purpose
  • Harass, abuse, or harm another person
  • Interfere with or disrupt our services
  • Attempt to gain unauthorized access to our systems
  • Provide false or misleading information

We reserve the right to terminate services to any client who engages in abusive behavior toward our staff or violates these conduct guidelines.

9. Warranties and Disclaimers

9.1 Service Warranties

We warrant that our services will be performed with reasonable care and skill by qualified professionals. For plant materials that we supply and install, we provide a limited warranty as specified in your service agreement, typically covering plant health for a specified period provided that recommended care guidelines are followed.

9.2 Limitations and Exclusions

Our warranties do not cover:

  • Damage due to extreme weather events or acts of nature
  • Damage caused by animals, pests, or diseases outside our control
  • Failure resulting from inadequate care or maintenance by the client
  • Pre-existing conditions not disclosed to us
  • Plants or materials not supplied by us

9.3 Disclaimer of Warranties

Except as expressly provided in these Terms, our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law:

  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services or any products provided.
  • Our total liability to you for any and all claims arising from or related to our services shall not exceed the amount paid by you for the specific service giving rise to the claim.
  • We shall not be liable for any damage to your property that is not caused directly by our negligence.

Nothing in these Terms limits our liability for fraud, death, or personal injury caused by our negligence or any other liability that cannot be excluded by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless CSFloat and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws or regulations

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or our services shall be resolved through the following process:

  1. Informal Resolution: We will attempt to resolve the dispute informally by contacting you.
  2. Mediation: If informal resolution is unsuccessful, the parties agree to seek resolution through mediation in Switzerland before resorting to arbitration or litigation.
  3. Arbitration/Courts: If mediation is unsuccessful, any legal action shall be brought exclusively in the courts of Switzerland, and you consent to the jurisdiction of such courts.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

For significant changes to these Terms, we may provide additional notice, such as sending you an email or displaying a prominent notice on our website. We encourage you to review these Terms periodically to stay informed about our practices.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with any service agreements, quotes, or contracts we provide, constitute the entire agreement between you and CSFloat regarding your use of our services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of CSFloat.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

15. Contact Information

If you have any questions about these Terms, please contact us at:

CSFloat

7 Yvonne Fork

Greenmouth, DL15 8GH

Switzerland

Email: legal@csflroat.com

Phone: +445837416250