Terms of service

WISTERIA FLOWERS — TERMS & CONDITIONS

Last updated: November 16, 2025

1. Scope & acceptance

1.1. These Terms & Conditions (“Terms”) govern access to and use of the website wisteriaflowers.at (the “Site”) and all orders placed for products and delivery/collection services provided by us.

1.2. Parties & trading name. For legal purposes the supplier is sole proprietor Dmytro Shumakher trading as Wisteria Flowers. References in these Terms to “Wisteria Flowers”, “we”, “us” or “our” mean Dmytro Shumakher as sole proprietor.

1.3. Sales channels covered. These Terms apply to all orders placed through any channel we make available, including the Site, our Instagram account, WhatsApp, Telegram, phone calls, email and SMS. By placing an order (including by direct message, chat, phone, or email), by paying, or by accepting delivery/collection, you agree to these Terms.

1.4. In the event of any inconsistency between these Terms and information given in advertisements, social‑media posts, messages or emails, these Terms prevail. Mandatory consumer rights under applicable law remain unaffected.

 

2. Eligibility

You must be at least 16 years old to place an order. If you place an order on behalf of another person, you confirm you are authorised to do so and will ensure that person complies with these Terms.

 

3. Products, seasonal availability, size & substitutions

3.1. Fresh flowers are natural, seasonal products. Colour, size, stem length, bloom openness and colour intensity may vary materially throughout the year. Images on the Site and social media are illustrative.

3.2. Because seasonal variation can be significant, some arrangements may vary considerably in size and/or colour (including intensity) depending on the season and available stock.

3.3. If we are unable to supply the exact arrangement due to seasonal availability or stock issues, we will use the contact details you provided to try to reach you and agree an alternative. It is essential that your contact details (billing) and the recipient’s details (shipping) are correct (see 6.4).

3.4. If we cannot reach you in a timely manner, we may, at our discretion, substitute with an arrangement in a similar colour palette and of comparable size and price, preserving overall style and value.

3.5. Vases, accessories and packaging may vary from those shown.

 

4. Prices, payment & taxes

4.1. Prices are in euros (EUR) and include VAT unless stated otherwise. Delivery fees are additional (see 6).

4.2. We accept the payment methods shown at checkout or communicated when ordering by phone or messaging. Your order is confirmed only after payment authorisation and our acceptance.

4.3. We may correct obvious errors in price or product information and cancel/refund affected orders.

 

5. Ordering, acceptance, changes & cancellations

5.1. Your order is an offer to buy. We accept by sending an order confirmation (including via messaging) or by delivering the goods.

5.2. Because flowers are perishable and prepared to order, orders cannot be edited or cancelled after acceptance or within 48 hours of the requested delivery date—whichever occurs first. During peak periods (Valentine’s Day, International Women’s Day/8 March, Mother’s Day, Christmas and other public holidays) orders are final and cannot be changed or cancelled within 72 hours prior to the delivery date.

5.3. For personalised/custom designs, once preparation has started, the order cannot be cancelled.

5.4. We may refuse or cancel an order (e.g., suspected fraud, supply constraints, obvious errors, or incomplete/incorrect details). Any payment taken will be refunded if we do not accept your order.

 

 

6. Delivery terms

6.1. Service area. We deliver across Vienna and nearby areas.

6.2. Delivery fees by distance (per delivery attempt):

      • up to 15 km — €15

      • 15–20 km — €20

      • 20–25 km — €25

      • over 25 km — price on request.

6.3. Delivery windows. Delivery is made in time slots communicated at checkout or in our confirmation message. Times are estimates and not guaranteed.

6.4. Contact & addressing. You must provide correct and complete contact details in billing (your name, phone, email or messaging handle) and correct recipient details in shipping (full address, doorbell name/access codes, recipient phone). We will contact you about order issues or substitution approvals and the recipient about delivery. We are not responsible for delays, failed deliveries or other problems where we could not communicate with you and/or the recipient due to incorrect or incomplete contact information provided in the order.

6.5. Courier waiting time; safe‑place. The courier will wait up to 15 minutes after the start of the confirmed time slot. If no one is available, we may (i) leave the order at the delivery address (e.g., doorstep, neighbour or concierge) where reasonably possible at your risk; or (ii) return the order to our studio and arrange a new paid delivery.

6.6. Unsuccessful delivery not caused by us; last‑minute address changes. If delivery is unsuccessful for reasons outside our control (no answer, recipient unreachable, inaccurate/incomplete address, access restrictions) or you request a last‑minute address change after dispatch, we will arrange redelivery and a new delivery fee will apply, calculated based on the new location and timing.

6.7. Delivery notifications; proof. You will be notified when delivery is completed. We do not provide separate proof of delivery unless expressly requested when placing the order.

6.8. Weather/force majeure. In severe weather or circumstances beyond our reasonable control, we may adjust routes/time slots, suspend deliveries or reschedule. We will notify you as soon as practicable.

 

 

 

7. Self pick‑up (by appointment only)

7.1. Pick‑up address: Säulengasse 11, Werkstatt 1, 1090, Wien, Österreich

7.2. As an online studio, we are not open all day without appointment. Pick‑up is available only within a time slot confirmed by our staff.

7.3. If you are late, we will offer the next available pick‑up slot or arrange a paid delivery at your request.

7.4. Please bring your order number. A third party may collect with the order number and recipient name unless you instruct us otherwise in writing.

 

8. Recipient care & allergies

8.1. Flowers are perishable and require immediate care on receipt (trim stems, fresh water, cool location away from direct sun/heat/drafts).

8.2. Allergies. It is your responsibility to inform us before ordering of any known allergies or sensitivities of the recipient (e.g., pollen or specific plant species). While we take reasonable care, we cannot guarantee that arrangements are free from allergens. To the maximum extent permitted by law, we are not liable for allergic reactions where we were not informed of relevant allergies in advance.

8.3. After delivery/collection, we are not responsible for damage or degradation caused by improper handling, lack of water/care, or exposure to heat/cold/sun or contaminants (including smoke).

 

9. Quality concerns, refunds & replacements

9.1. If something is not right on arrival, contact us within 6 hours of delivery/collection and include clear photographs and your order number so we can assess promptly.

9.2. Where a quality issue on arrival is confirmed, we will, at our discretion, provide a replacement of equal or higher value or a refund if replacement/redelivery is not reasonably possible.

9.3. Exclusions. We do not provide refunds or replacements for: (a) issues reported after the 6‑hour window; (b) problems occurring after delivery/collection (e.g., lack of water/care, heat/cold exposure); or (c) arrangements substituted due to seasonal or stock unavailability in line with clauses 3.3–3.4 and 6.4. Where we attempted to contact you using the details you supplied and could not reach you in time, and we substituted with a comparable product in a similar colour palette and size/price range, no refund is due for those substitutions.

 

10. Right of withdrawal (Widerruf) — perishable/personalised goods

10.1. The statutory right of withdrawal for distance contracts does not apply to goods liable to deteriorate or expire rapidly (including cut flowers and many floral products) or to goods made to the consumer’s specifications or clearly personalised. Accordingly, most floral products on the Site are not eligible for withdrawal once preparation has begun.

10.2. For any non‑perishable, non‑custom items (if offered), the statutory withdrawal right applies as required by law.

 

11. User comments, feedback & submissions

11.1. If you submit content (whether at our request or not)—including ideas, proposals, plans or other materials (“Comments”)—you grant us a non‑exclusive, transferable, sublicensable, worldwide, royalty‑free licence to use, reproduce, modify, adapt, publish, translate, distribute and display such Comments in any media. We are not obliged to (i) maintain Comments in confidence; (ii) compensate you; or (iii) respond.

11.2. We may, but are not obliged to, monitor, edit or remove content we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or that infringes any party’s intellectual property or these Terms.

11.3. You warrant that your Comments do not infringe third‑party rights (including copyright, trademark, privacy or publicity rights), do not contain unlawful/abusive/obscene material or malware, and that you will not mislead us or others as to the origin of Comments. You are solely responsible for your Comments and their accuracy.

 

12. Liability & disclaimers

12.1. We are not responsible for: (a) products delivered to incorrect or incomplete addresses supplied by you; (b) unsuccessful deliveries where the recipient is unavailable during the agreed slot; (c) quality reduction due to rerouting, delays or late receipt; (d) issues arising from substitutions made under 3.3–3.4 and 6.4; or (e) delays or failures caused by events beyond our reasonable control.

12.2. Maximum limitation. To the maximum extent permitted by law, in no case shall Dmytro Shumakher(Wisteria Flowers), 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 the Site or purchase of our products/services.

12.3. Nothing in these Terms limits liability that cannot legally be limited (including liability for fraud or for death or personal injury caused by negligence).

 

13. Intellectual property

All Site content (text, images, logos, designs) is owned by or licensed to us and protected by intellectual property laws. You may use it only for personal, non‑commercial purposes.

 

14. Privacy

See our Privacy Policy for how we collect and process personal data for orders and deliveries.

 

15. Termination

15.1. These Terms remain effective unless and until terminated by you or us.

15.2. You may terminate by ceasing to use the Site and notifying us that you no longer wish to use our services; termination does not cancel orders already accepted.

15.3. If, in our sole discretion, you fail or we suspect that you have failed to comply with any provision of these Terms, we may terminate this agreement at any time without notice. You remain responsible for all amounts due up to and including the date of termination, and we may deny you access to the Site and services.

 

16. Changes to these Terms

We may update these Terms by posting a new version on the Site. The version in force at the time of your order applies to that order.

 

17. Contact

Questions about these Terms or an order? Please contact us using the details on the Site.

Email: welcome@wisteriaflowers.at