Valid from the 1st of January 2017
1. The Parties
These terms and conditions regulate the sale contract between you, the Customer (hereafter known as “you”, “your” or “Customer”) and our Company, MJ Steps Gmbh, the owner of this internet website, a limited liability company incorporated in Switzerland with registered headquarters in Volketswil, Austrasse 15 (hereafter known as “Rose & Chocolat”, “we”, “our Company” or “our”).
The company’s registration number in Switzerland is CHE-316.208.430.
2. Scope of Application
These General Terms and Conditions regulate all sale contracts entered into between MJ Steps Gmbh and the Customer via our website Rose & Chocolat on any of the following domains: rose-et-chocolat.com, mjhouseofbrands.com, babysteps.ch, babystep.fr, babystep.eu, babystep.ch, baby-step.fr, baby-step.eu, baby-step.com, baby-step.co.uk, baby-step.ch, baby-step.be and baby-step.at. Each contract is subject to the general terms of sale published on the website at the time of purchase.
Rose & Chocolat will not accept any derogation from these General Terms and Conditions, unless expressly agreed in writing by Rose & Chocolat itself.
3. Contract Partner
The Rose & Chocolat OnLine Shop is operated by MJ Steps GMbh, Austrasse 15, 8604 Volketswil Switzerland. Where a contract is entered into (see point 4), Rose & Chocolat will be the Customer’s partner under the contract. Commercial services offered online by Rose & Chocolat are aimed at private (business to consumer).
4. Entering into the Contract
After having placed an order with Rose & Chocolat, you will receive an order confirmation to the e-mail address you have provided. That communication acts as confirmation of receipt and does not constitute a legally binding acceptance of your order. Where the Customer does not, within 24 hours from sending the order, receive any confirmation of receipt from Rose & Chocolat or any other communication from the latter, the Customer is required to contact Rose & Chocolat promptly at the e-mail address: email@example.com
The contract is entered into between you and Rose & Chocolat at the time your order is accepted and the goods are shipped. All goods remain the property of Rose & Chocolat until full payment is received. Our prices naturally include VAT at the statutory rate.
5. Payment Terms and Prices
Customers may purchase items on Rose & Chocolat E-shop, Choosing between the following methods of payment:
– Credit Card (Visa or Mastercard)
– Stripe gateway (Ideal, Sofort, Giropay, Maestro, etc)
After selecting the type of payment and accepting the Terms and Conditions, please click Confirm. For payment, the system is redirected to the secure servers of the platform HiPay or PayPal, where method of payment data are requested and, if provided by the card issuer, also a security code.
Once your payment is confirmed and the transaction is successful, the system will send an email confirming the order.
Important: the confirmation of the order and the signing of the contract is concluded only when the seller account will be credited.
if the credit will not occur within 5 calendar days from the moment the order is processed, the system sends an e-mail reminder.
If the credit will not occur after an additional 5 calendar days, the order will be canceled and the contract will be considered null.
Depending on the country you selected, the prices quoted in the shop are in Swiss Francs (CHF), Euro (EUR), or British Pounds (GBP) and are inclusive of tax (VAT).
For an easier order approval process, Rose & Chocolat suggest payment by credit card.
6. Customer’s Right to Withdraw
A) Product Purchase
If, for any reason, the Customer is not satisfied with his/her purchase, he/she is entitled to withdraw from the contract within a mandatory period of 30 days from receipt of the shipment, without the need to indicate the reasons. That period of 30 days commences from the day after receipt of the purchased goods (reliance will be made upon the delivery date stated by the courier).
In order to exercise that right, the Customer should send to Rose & Chocolat a communication by email to firstname.lastname@example.org and return the goods within 30 days upon order receipt.
Returns should be sent to the following address:
Carrer del Cobalt 127- 131
08907 L´Hospitalet de Llobregat, Barcelona
For order cancellations made within the set deadlines, Rose & Chocolat will reimburse the purchase price, having deducted the original shipping costs for the return and any import duties, within 30 days from the date upon which the goods are received by Rose & Chocolat.
The right of withdrawal is in any case subject to the following conditions:
• the right applies to the purchased product in its entirety; no withdrawal will be accepted for only part of the purchased product;
• the purchased goods must be intact and returned in their original packaging, complete in all their parts (including packaging and any documentation, instructions and accessories); where the Customer is unable to return the goods in their original condition and packaging and in compliance with the indications provided, all the Customers’ rights to return the goods are forfeited;
• shipping costs relating to the return of the goods are borne by the Customer;
• the shipment, up until certified receipt at the Rose & Chocolat warehouse, is at the complete liability of the Customer; Rose & Chocolat is not liable in any way for damage or theft/loss of the goods during transportation;
• in the event of damage to the goods during transportation, Rose & Chocolat will notify the customer of the event (within 5 working days from receipt of the goods at its warehouses) so as to allow the customer to file a prompt report of the incident with the courier chosen by him/her and to obtain a reimbursement for the value of the goods (if insured); in this case, the product will be provided to the Customer for its return, simultaneously cancelling the request for withdrawal;
B) Defective Products
The Customer shall be entitled to return products received in a defective state within 30 days from receipt of the shipment. The Customer, by accepting these Terms and Conditions, declares and accepts that the 30 days for identifying the defect commence from the date of delivery (reliance will be made upon the date stated by the courier), with the Customer being obliged to check the delivered product as soon as possible.
Rose & Chocolat will accept delivery of products declared to be defective, reserving the right to perform quality checks with a view to verifying the actual non-conformity. In the case of ascertained non-conformity, Rose & Chocolat will proceed to:
1. reimburse to the Customer the shipping costs incurred to return the defective product, including any import duties;
2. replace the product with an equivalent or reimburse the purchase price.
The aforementioned reimbursement, subject to quantification of the amount, will be made to the same credit card used by the Customer to make the purchase on Rose & Chocolat online e-commerce platform when possible.
We do not offer exchanges for returned Products. If you want to exchange your Products you should follow the return procedures to return unwanted Products and simultaneously place a new order for the replacement Products through our website. This will allow us to transact your replacement request more quickly and more securely. Please be assured, we will process your return as soon as we can, crediting your account as necessary.
8. Cases of Force Majeure
Rose & Chocolat is exempt from all liability for the total or partial non-fulfilment of any obligations contained in these General Terms of Sale where that non-fulfilment is caused by unforeseeable and/or natural events beyond the control and responsibility of Rose & Chocolat including, by way of example but without limitation, natural (disasters) events, acts of terrorism, wars, civil uprisings, malfunctioning of connectivity, electricity shortages, general strikes of public and/or private workers, strike and/or restrictions on road access for couriers and air connections.
9. Delivery, Delays in Delivery, Shipments.
If not otherwise indicated, the delivery will be made to the delivery address indicated by Customer.
Deliveries are made by the company distribution center located at:
Avda. Bertrán y Güell, 44 Nave C
08850 Gavà, Barcelona
Rose & Chocolat manages shipments by way of FedEx (which makes use, where necessary, of local partners) or via another courier, assessing for each individual delivery and for each destination the most convenient courier for the Customer.
Shipping costs are expressly displayed at the time of making the order.
Your order will be processed within 3 working days from the payment credit, subject to stock availability of the purchased product.
Generally, where the product is not available at the time of the purchase request, the system will not continue with the online purchase procedure and no charge will be made to the Customer.
Deliveries are made within 10 working days in Europe and 15 working days in the rest of the world, starting from the date of acceptance of the order by Rose & Chocolat.
All shipments are insured for the value of the goods delivered.
Rose & Chocolat hereby informs you that it is not liable for any delays in delivery caused by the inefficiency of customs and/or the postal services of third party countries.
10. Data Protection and Security
Rose & Chocolat uses the secure services of Postfinance and PayPal, which guarantee the utmost security and protection for the Customer’s data. Your personal data, such as your credit card number, postcode, bank account number, name and address, entered when making the purchase order, will be encoded and therefore secured against unauthorised access on the Internet. Rose & Chocolat uses a safe transfer process, the so-called “Secure Socket Layer” (SSL) transfer, to process customer data.
The processing of personal data (names, postal addresses, telephone and/or credit card numbers) disclosed by the Customer to Rose & Chocolat, in order for the latter to process the order, is subject to the regulations in relation to personal data protection. When placing an order, the Customer agrees for his/her personal data to be stored in a machine-readable way and processed in order to complete the order.
11. Applicable Law and Court with Jurisdiction
The contract between the Customer and Rose & Chocolat is made exclusively under Swiss law, and in the event of disputes, Swiss laws shall be applicable.
Any dispute, deriving from or in any way related to these General Terms and Conditions shall be passed over to the exclusive jurisdiction of the Court of Zurich, Switzerland.
12. Concluding Provisions
If any one of these general terms and conditions is shown to be invalid or becomes invalid at a later date, this shall not affect the validity of the rest of the contract. In that case, the invalid term shall be replaced with a term that represents as closely as possible its intention and economic purpose or with the appropriate legal provisions. Therefore, the Parties agree and accept that the invalidity of a term and/or condition is not a substantial legal element for the purposes of cancelling or invalidating the agreement as they declare that this is without prejudice to good faith in the implementation of the contract and the fact that the Parties could not know of that invalidity at the time of entering into the agreement. Rose & Chocolat reserves the right to amend these general terms and conditions at any time. The same will be published in replacement or completion of the general conditions existing up to that time.