Terms and conditions

Terms and Conditions (T&Cs)

1. Validity of T&Cs and conclusion of the contract
These T&Cs apply to all sales contracts concluded via the online shop.
The sales contract is deemed to be concluded as soon as the order is confirmed by email by the seller.

2. Prices
Prices are shown in Swiss Francs (CHF). VAT at 2.6% is included in the price. The supplier reserves the right to change the price at any time. Customers pay the price shown on the website at the point of purchase.

3. Products containing alcohol
It is forbidden in both Switzerland and Europe to sell products with an alcohol content to those under the age of 18. The customer must acknowledge these provisions and confirm their entitlement when ordering from the Confiserie Madeleine online shop.

4. Delivery conditions / Shipping costs
4.1 Shipping costs for Switzerland and the principality of Liechtenstein

Confiserie Madeleine offers the following forms of shipping:
• A-Post (Priority)
• B-Post (Economy)
• Express-Post

Shipping costs will be show in further detail during the ordering process.

4.1.1 Incoming orders/ Swiss deliveries/ Principality of Liechtenstein
A-Post (Priority)
Monday – Thursday before 9am: Delivery within 2 working days
Friday – Sunday: Delivery on Tuesday/Wednesday

B-Post (Economy)
Monday – Wednesday before 9am: Delivery within approx. 3 working days
Friday – Sunday: Delivery on Wednesday/Thursday

Express Post
Monday – Wednesday before 12pm: Next day delivery
Monday to Friday after 12pm: Delivery two days after order was receive

No deliveries on Saturdays, Sundays nor public holidays; orders will be delivered on the next but one working day.
The above delivery dates cannot be guarantee. We recommend that customers place their orders early, around 4 to 5 days before their required delivery date.
Longer package delivery times are to be expected during holiday periods (Valentine’s Day, Easter, Mother’s Day, Christmas).
Deliveries are only dispatch within Switzerland and the principality of Liechtenstein (Post, DPD or special shipping companies).
All orders processed directly through the shop are free from shipping costs within Switzerland and the principality of Liechtenstein.
There is, however, a small surcharge of CHF 9.80 Swiss francs for small products with a value of up to 80.00 Swiss francs.
As soon as the sum of 80.00 Swiss francs is reach, the shop delivers the items free of charge.
The transportation risk is transferred to the buyer as soon as the shipment has been handed over to the carrier. However, the shipment is insured to a limited extent.
Damages to the delivered goods must be reported directly to the relevant carrier as soon as possible, within 4 calendar days after delivery.
Regarding complaints, all parts of the original packaging must be keep. These may only be disposed of with the written consent of the carrier or the shop.

4.2 Collection from the store
Collection from one of our branches is possible. You can select the store at the checkout at the end of your purchase. Purchase confirmation or an email receipt must be show. The order is binding. After order confirmation, the customer cannot make any changes to the order. Any existing revocation right shall remain unaffected.

4.3 Transportation abroad
Parcel dispatch abroad is insured and is carried out by the transport company which is contractually bound by Confiserie Madeleine. For delivery in areas with high temperatures, special protective packaging is used, as well as Ice Pads for an extra fee.
The Confiserie Madeleine is not liable for late delivery of goods or non-delivery as a result of incorrect information regarding the delivery address, nor for the absence of the recipient or in the case of unforeseeable issues during the export procedure.

4.3.1 Shipping costs outside of Switzerland and the principality of Liechtenstein

4.3.1.1 Delivery within Europe
• Post (Airmail)
• Courier service – DHL, FedEx

4.3.1.2 Delivery to other countries and overseas
• Post (Airmail)
• Courier service – DHL, FedEx

4.4 Delivery costs/ customs
Shipping costs are calculated individually according to destination (delivery zone), shippin method, weight and customs fees and are therefore only shown before the order is completed. For foreign deliveries outside of the EU via courier service, a customs charge is added as a percentage of the value of the goods. This depends on the applicable percentages of the respective destinations. This will not incur additional costs for the recipient of the goods. Example: USA = value of goods from 150.00 Swiss francs.

4.5 Order intake/Delivery for other countries and overseas
Delivery is dependent on the order received, weekday, destination and shipping method. It is usually carried out within 2-8 working days. Delivery dates cannot be guaranteed. A longer delivery period is to be expected over public holidays. We recommend that you submit your order in plenty of time. Longer package delivery times occur during holidays (Valentine’s Day, Easter, Mother’s Day, Christmas). Set delivery times are only indicative. Delivery delays such as acts of God, traffic jams, unusual occurrences or unforeseeable delays by customs authorities etc. are not liable and do not entitle the buyer to cancel the purchase nor to claim damages.

4.6 Delivery times and subject to availability
Information on the delivery periods is non-binding and should be understood as a guideline. In principle, delivery takes place within the period mentioned in the product description. Extended delivery times due to holidays must be considered. If a longer delivery delay is known or an item is no longer available, the customer will be informed by email. In this case, the customer is entitled to withdraw from the contract and any payments already received will be refunded after the contract has been terminated. Delivery delays and failures do not entitle any claims for damages. Confirmed orders can be cancelled by the shop without incurring any costs due to unforeseen circumstances.

5. Check and complaints
The customer is obliged to check the goods immediately upon receipt for condition and completeness. Any complaints must be communicated within 24 hours of delivery, otherwise the delivery is deemed accepted.
Confiserie Madeleine shall not be liable for transportation damage or damage resulting from improper storage after acceptance by the customer or their representative.

6. Withdrawal, exchange and right of revocation
Return or exchange of products delivered to the customer completely and undamaged is excluded. The right of revocation pursuant to section 9 remains unaffected. If the customer is a consumer (i.e. a natural person who makes the order for a purpose which cannot be attributed to their commercial or independent professional activity) who lives in the EU, they are entitled to a right of revocation in accordance with legal provisions. If the consumer makes use of their right of withdrawal, they shall pay for the costs of returning the goods. In addition, the right of revocation shall be governed by the regulations which are specified in detail in the revocation notice.

7. Guarantee
The manufacturer’s instructions for use must be carefully read and taken into account before consumption. Liability for indirect damages and consequential damage resulting from use, faulty performance or loss of performance is excluded. The conditions of the manufacturer apply for any claims. Complaints can be made within 5 days of receipt of the delivery. After this date, complaints can no longer be submitted. In the case of a justified complaint, liability is limited to the free replacement of the goods.
Unless expressly agreed otherwise in writing, the guarantee is 24 months. The guarantee begins on the delivery date. The guarantee is void should the defect be due to improper handling, use or storage. Insignificant deviations from the guaranteed properties of the goods do not trigger any warranty rights. The buyer is exclusively entitled to repair or exchange. Replacement and reduction are excluded. Shipping costs of exchanged goods are accepted by the supplier. The decision regarding the exchange of an item lies with the supplier. Claims against the supplier can only be made by the direct buyer. Claims for damages arising from impossibility of performance, breach of contract or from fault at the time of contract conclusion are excluded.

8. Payment
We accept the following payment methods: credit card, PayPal or prepayment (bank payment of postal payment). All personal details are encrypted and your credit card details won’t be passed on. Payment must be received within 10 days of the order unless agreed otherwise.

8.1 Arrears
If the purchaser fails to comply with his debt settlement after another 10-day grace period, the shop can claim damages and proceed according to the provisions of the Swiss Code of Obligations. The shop has the right to assign outstanding debts to an external collection company.

8.2 Retention of title
The goods remain the property of the supplier until full payment has been received.

8.3 Purchase on invoice is only allowed for Swiss/German companies.

9. Instruction for withdrawal
If you are a consumer (i.e. a natural person who makes the order for a purpose that cannot be attributed to their commercial or independent professional activity) living in
the EU and who purchases products via remote communication methods (telephone, email etc), you have the right to revoke this contract within a period of 14 days without giving a reason. The period of revocation shall be 14 days from the date on which you or a representative, who is not the carrier, have taken possession of the goods. In order to exercise your right of revocation, you must inform us (Confiserie Madeleine - chocolates of Switzerland by Madeleine Rubio Teuscher, Storchengasse 9, 8001 Zurich, tel +41 44 211 51 53, +41 44 212 29 58, email: info@confiserie-madeleine.com) i.e. a letter, fax or email) about your decision to revoke this contract. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of this period.

9.1 Consequences of revocation
If you revoke this agreement, we will pay you back all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favourable standard delivery offered by us) within a period of 14 days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment as you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees. We may refuse repayment until goods are received or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than 14 days from the date on which we were informed of the revocation of contract. The deadline is respected if the goods are sent to us before the end of the 14 day period. You bear the immediate cost of returning the goods.
You shall only be liable for any loss in value of the goods if this loss is attributable to the unnecessary handling of goods regarding the quality, characteristics and functioning of the goods.

9.2 End of the right to revocation
Exclusion of the right to revocation:
The right to revocation does not exist with contracts
a) regarding the supply of goods which are not prefabricated and whose manufacture is subject to an individual selection or purpose by the consumer or which are clearly tailored to the personal needs of the consumer as well as
b) In the case of contracts for the supply of goods which are likely to deteriorate rapidly or whose expiry date would be quickly exceeded.

10. Data protection
The supplier is entitled to process the data about the buyer, whether it is the buyer themselves or a third party, in the sense of the Data Protection Act. Personal customer data is treated confidentially and is not passed on to third parties.

11. Legal notice
The content of the homepage is protected by copyright, unless otherwise stated. The content may not be distributed, published, altered, reused or sent without written permission or used for public or commercial purposes. Confiserie Madeleine accepts no liability for the correctness or completeness of its homepage and excludes all liability for incomplete or incorrect content.

12. Application of the law and jurisdiction
We reserve the right to change these terms and conditions at any time. These T&Cs are in accordance with Swiss law. Jurisdiction is the seat of the supplier.