General Terms and Conditions (GTC)
Wildflower Weddings
based in Aargau
Rebbergstrasse 56b
5430 Wettingen (CH)
I. General
1. The contractual relationship between the agent and the client is subject to the following general terms and conditions (hereinafter referred to as T&Cs) in the version valid at the time of conclusion of the contract. By signing the contract, the client acknowledges that they have received knowledge of the T&Cs and fully agree to the inclusion of these provisions in the contractual relationship valid between the contracting parties.
2. After an initial consultation, which is non-binding for both parties, the agent will provide the client with a written offer including the agreed scope of services and the estimated costs. The actual costs are then determined from the contractual agreement, including any additions or changes. The agent is entitled to request an advance payment.
II. Scope
3. These General Terms and Conditions form an integral part of all contracts concluded between the client and the agent in connection with the planning, implementation and organization of weddings.
III. Conclusion of contract
4. The agent is obliged to provide the client with a written contract and these general terms and conditions. When the contract is signed by the client, the contract is deemed to be concluded and becomes fully valid, including these general terms and conditions.
IV. Subject of the contract
5. The contract concluded between the parties includes all services related to the planning, organization, implementation and coordination of weddings. The services to be provided by the agent arise either explicitly from the contractual agreement or from the additional services, additions or changes agreed between the parties.
6. Any additions or modifications to the contractual agreement must be agreed in writing between the parties.
V. Fees, payment terms and invoicing
7. All services are invoiced in Swiss francs plus statutory duties and taxes (value added tax). Agreements for other currencies must be made in writing.
8. The Agent's offer remains valid for a number of days from the date of issue. The Agent may make the conclusion of the contract dependent on the payment of an advance on costs.
9. The fee due to the agent is calculated according to the contractual agreement based on the actual expenditure. In addition to the fee, expenses and any VAT are due.
10. The agent is entitled to invoice on a monthly basis, whereby the agent can request advance payments. Invoices are sent to the delivery address specified by the client and are to be paid within 30 days. The final invoice is issued after the event has taken place and is to be paid within 30 days.
VI. Rights and obligations
A. Rights and obligations of the agent
11. The agent is obliged to plan, organize, implement and process the contractually agreed services, agreed additions or changes with the greatest possible care.
12. When performing the services in accordance with the contractual agreement, the agent is authorized, subject to urgent decisions, to carry out all legal acts associated with these services after consultation and agreement with the client (e.g. ordering arrangements for the event, concluding contracts with selected service providers) and to commission third parties and request services from third parties in the name and on behalf of the client.
13. Due to the direct contractual relationship between the client and third parties, the agent is not liable for disruptions in performance (such as the delay or impossibility of providing a service requested for the event) caused by third parties.
B. Rights and obligations of the client
14. The client is obliged to compensate the agent in accordance with the contractually agreed services as well as any additions and modifications thereto.
15. The clients are jointly and severally liable for the services provided by the agents. Furthermore, the clients acknowledge that the payment obligation towards the third parties commissioned is based on the respective contractual relationship.
16. Any failure to perform by third parties (such as the delay or impossibility of providing a service requested for the event) shall be the responsibility of the client due to the direct contractual relationship between the client and the third party.
17. The Client undertakes to provide the Agent with all information necessary for the planning, organisation and implementation of the event in the performance of its duty and to compensate the Agent in accordance with its services and expenses.
VII. Liability
18. The agent is liable for the careful performance of the business entrusted to her. Any liability that goes beyond that of slight negligence (cf. Art. 100 para. 1 OR) is explicitly excluded by the agent – to the extent legally permissible.
VIII. Intellectual property, copyrights
19. The agent explicitly reserves all ownership and copyrights to the concepts, ideas and the like created by it as well as to all documents related to the processing of the order.
20. These documents may not be passed on or used in any other way without the express consent of the agent. The agent is not obliged to grant such consent for passing on or other use.
IX. Withdrawal and termination of the contract, compensation for damages
21. The contract can be terminated by either party at any time. If the contract is terminated by one party at an inopportune time, the terminating party is obliged to compensate the other party for the damage caused by the termination, unless there is an objectively justifiable or important reason for the termination (Art. 404 para. 2 OR).
21.1 If the contract is terminated by the client, the client shall be liable to the agent in the event of termination at an inopportune time, in particular for any profit lost by the agent. In all other respects, the compensation principles in sections 22 to 24 shall apply.
21.2 Termination by the Agent shall not give rise to any liability for damages in the sense of the existence of an important reason, in particular if the Agent has reason to believe that the contractually agreed services cannot be properly fulfilled for reasons for which the Agent is not responsible.
21.3 Should unforeseeable, unavoidable events, such as force majeure events (natural disasters, epidemics, official measures, bad weather conditions, etc.) make an event impossible, the Agent shall be released from its contractual obligation to perform.
22. In the event of termination, any services already provided must be compensated in full from the conclusion of the contract up to 90 days before the event.
23. In the event of termination, services already provided from 90 days to 31 days before the event must be compensated in full, but at least half of the contractually agreed volume of services including the wedding day.
24. In the event of termination, any services already provided within 30 days up to the day of the event must be compensated in full, but at least 100% of the contractually agreed volume of services including the wedding day.
X. Applicable law and place of jurisdiction
25. The legal relationship between the parties shall be governed exclusively by Swiss law, excluding conflict of law provisions referring to foreign law of the Swiss Federal Act on Private International Law (IPRG) or international treaties.
26. The place of jurisdiction for any disputes between the parties is the registered office of the Agent, currently location.
XI. Final provisions
27. Any changes or additions to the legal relationship between the parties, including this clause 27, must be made in writing.
28. Should individual provisions of this agreement be invalid in whole or in part or should they subsequently lose their legal validity, or should there be gaps in the contract, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. In such a case, the invalid or missing provisions shall be replaced or supplemented by provisions that come closest to the original economic and legal purpose of the General Terms and Conditions.
29. Should there be any contradictions between individual provisions of these General Terms and Conditions and the contractual agreement and its provisions, the provisions of the contractual agreement shall prevail over those of the General Terms and Conditions. In addition, both the contractual relationship and these General Terms and Conditions are governed by the relevant provisions of the Swiss Code of Obligations (OR).