Terms of service

General Terms and Conditions (GTC)

PÉONI Blumenboutique Doktor-Franz-Rehrl-Platz 4C · 5020 Salzburg · Austria peoni.at · bb@peoni.at

Version: April 2026

 

§ 1 Scope of Application

(1) These General Terms and Conditions ("GTC") apply to all purchase contracts concluded between PÉONI Blumenboutique, represented by Jasmina Mehic & Šejla Mehic, Doktor-Franz-Rehrl-Platz 4C, 5020 Salzburg, Austria (hereinafter "Seller") and the customer through the following channels:

  • Online shop at peoni.at
  • Retail store at Doktor-Franz-Rehrl-Platz 4C, 5020 Salzburg
  • Telephone orders at +43 (0)662 230391
  • Click & Collect (online order, in-store pickup)

(2) These GTC apply exclusively. Deviating terms and conditions of the customer shall not be recognised unless the Seller expressly agrees to their application in writing.

(3) A "consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature (pursuant to § 1 of the Austrian Consumer Protection Act / KSchG).

(4) These GTC apply to both consumers and entrepreneurs. Provisions exclusively applicable to consumers are marked accordingly.

§ 2 Formation of Contract

(1) The presentation of products in the online shop, in the retail store or in catalogues does not constitute a legally binding offer, but an invitation to submit an offer (invitatio ad offerendum).

(2) Online shop / telephone order: The contract is concluded when the Seller accepts the order by an express order confirmation (by e-mail or verbally by telephone).

(3) Retail store / Click & Collect: The contract is concluded upon handover of the goods and receipt of payment.

(4) The Seller reserves the right to decline orders without stating reasons, in particular in cases of product unavailability or obvious pricing errors.

(5) The contract language is English and/or German.

§ 3 Natural Products – Nature and Availability

(1) Flowers and plants are natural products. Deviations in colour, size and shape from product photographs or descriptions are inherent to the nature of the products and do not constitute a defect.

(2) Seasonal availability: Certain flower varieties may not be available depending on the season. The Seller reserves the right in such cases to deliver equivalent substitute goods of a similar colour and quality, without this constituting a defect.

(3) The customer will be informed in advance of any significant deviations from the ordered items wherever possible.

Please note: Flowers are living natural products — minor natural variations are not grounds for complaint.

§ 4 Perishable Goods – Exclusion of Right of Withdrawal

(1) For contracts for the delivery of goods that may perish quickly or whose expiry date would be quickly exceeded, there is no right of withdrawal pursuant to § 18 (1) no. 2 of the Austrian Distance and Off-Premises Contracts Act (FAGG).

(2) The right of withdrawal is therefore excluded for:

  • Cut flowers and bouquets
  • Flowering plants and seasonal decoration
  • Individually crafted floral arrangements and compositions
  • All other perishable goods

(3) Exchange or return of flowers and plants is excluded — except in the case of a justified defect pursuant to § 5 of these GTC.

(4) For non-perishable goods (e.g. vases, accessories, care products), consumers have a right of withdrawal of 14 days from receipt of the goods, in accordance with applicable Austrian and EU law. A separate withdrawal notice will be provided at the time of ordering.

Important: The exclusion of the right of withdrawal for perishable goods applies regardless of the sales channel (online, telephone, in-store).

§ 5 Liability for Defects and Complaints

(1) The Seller is liable for material defects in accordance with the statutory provisions, unless otherwise stipulated below.

(2) Due to the perishable nature of the goods, defects must be reported to the Seller immediately, but no later than 24 hours after receipt of the goods. Defects reported later cannot be taken into consideration.

(3) In the event of a justified complaint, the customer is required to document the defect by means of suitable evidence (e.g. photographs). The Seller will, at its discretion:

  • offer redelivery of equivalent goods,
  • grant a voucher or price reduction, or
  • refund the purchase price.

(4) The return of perishable goods will not be accepted for hygiene and logistical reasons.

(5) The statutory warranty period is two years from handover of the goods. Due to the perishable nature of flowers, the defect inspection period pursuant to § 5 (2) is limited to 24 hours after receipt.

§ 6 Delivery and Transfer of Risk

(1) The Seller carries out deliveries using its own delivery service. The delivery area is limited to Salzburg / postcode 5020 and surrounding areas within a 15 km radius.

(2) Delivery times: Stated delivery times are indicative and not guaranteed as binding, unless they have been expressly confirmed as binding. Delays due to force majeure, weather conditions or other unforeseeable circumstances do not entitle the customer to withdraw from the contract.

(3) Transfer of risk: The risk of accidental loss or accidental deterioration of the goods passes to the customer upon handover to the customer or a person designated by them.

(4) Non-acceptance of delivery: If the delivery cannot be completed (e.g. due to the customer's absence), the Seller is entitled, after a second delivery attempt, to charge the costs of the delivery attempts. A refund of the purchase price for perishable goods that have not been accepted is excluded.

(5) Pre-orders: For pre-orders (e.g. for Mother's Day, Valentine's Day), cancellation is possible up to 24 hours before the requested delivery date. After this deadline, cancellation is excluded.

§ 7 Prices and Payment

(1) All stated prices are final prices in euros (€) and include the applicable statutory value added tax.

(2) The following payment methods are available:

  • Credit card (Visa, Mastercard, American Express)
  • Apple Pay
  • Google Pay
  • PayPal
  • Klarna (subject to availability)
  • Shop Pay
  • Cash payment on-site (retail store / Click & Collect)

(3) For payment by bank transfer, the amount must be transferred to the specified account immediately upon order confirmation. Otherwise the Seller is entitled to cancel the order.

(4) In the event of payment failure (e.g. chargeback), the Seller is entitled to charge the resulting bank fees to the customer.

§ 8 Care Obligations of the Customer

To maximise the longevity of your flowers, PÉONI recommends:

  • Place flowers in fresh, cool water immediately upon receipt
  • Cut the stems diagonally
  • Avoid direct sunlight and heat sources
  • Remove wilted leaves and petals regularly
  • Change the water every 1–2 days and add flower food if provided

The Seller accepts no liability for a shortened lifespan attributable to improper care by the customer.

§ 9 Data Protection

The collection and processing of personal data is carried out in accordance with our Privacy Policy, available at peoni.at/policies/privacy-policy. Data processing is carried out in compliance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).

For questions regarding data protection, please contact: bb@peoni.at

§ 10 Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution (ODR), accessible at: https://ec.europa.eu/consumers/odr

(2) The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(3) Consumers in Austria may also contact the Internet Ombudsstelle (ombudsstelle.at) for out-of-court dispute resolution.

 

§ 11 Governing Law and Jurisdiction

(1) The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection afforded by the mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn.

(2) For contracts with consumers, the statutory provisions on jurisdiction under Austrian law apply.

(3) The place of jurisdiction for merchants and legal entities under public law is Salzburg, Austria.

 

§ 12 Severability

Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.