Terms and Conditions of Sale / Legal Notice

​1. General

Welcome to the BONNE MAMAN & CUPCAKE AFFAIR online store. The online store available on https://bonnemaman.ch is operated by Cupcake Affair GmbH, Spitalgasse 10, 8001 Zurich (IDE CHE-116.028.588), hereinafter referred to as “the seller”, on behalf of Andros (Switzerland) SA. The seller is the contractual partner for all agreements concluded through this online store.

We always place great importance on finding solutions for our customers. For any problem or question, please do not hesitate to call our consumer service at the following contact details:

Contact form via website:  https://www.bonnemaman.ch/en/contact
Monday to Friday, from 8:00 AM to 5:00 PM 
Email address: info@bonnemaman.ch

The Bonne Maman store is an online shop of the registered trademark Bonne Maman, which sells products in the following main categories:

• des produits frais, notamment des cupcakes et pâtisseries, qui sont présentés dans ce catalogue: https://bonnemaman.odoo.com/shop/category/commander-mes-patisseries-52
• dry products and accessories, which are mainly presented in this catalog: https://www.bonnemaman.ch/shop

Fresh products are prepared daily in Zurich and finalized in the Bonne Maman stores. This is why the logistical options are more limited than for dry products.

Online purchases on the website are intended exclusively for buyers aged 18 or over. All products can only be delivered to addresses located in Switzerland.

2. Scope and Definitions

The execution of the transaction and delivery are carried out exclusively in accordance with these Terms and Conditions in their version valid at the time of the order. By placing your order in our online store, you accept these provisions and confirm that you are authorized to make the purchase.

In the event of any contradictions between the contractual terms agreed upon by the parties and these Terms and Conditions, the contractual terms shall prevail.

The term “consumers” mentioned in these Terms and Conditions applies to natural persons placing an order for purposes that cannot be attributed to a commercial, independent, or professional activity.

On the other hand, the term “entrepreneurs” refers to natural or legal persons or companies with legal capacity who place orders in the context of their commercial, independent, or professional activity.

“Clients” within the meaning of these Terms and Conditions may be either consumers or entrepreneurs.

The term “users” refers to all persons who visit this website.

3. Terms of Use

1. Orders

Orders are placed via the seller’s website. Products can be delivered to your home or picked up in our physical Bonne Maman stores (Click and Collect). It is possible to place an order without creating an account. The conditions related to account registration can be found in the following section.

      b. Registration and Account 

When making an online purchase or visiting the online stores or points of sale, you can open an account in your name and register as a member. Registration grants you membership privileges for your private, non-commercial use.  

Each customer is only entitled to have one customer account at a time, which is linked to your email address. We reserve the right to delete multiple registrations.

As a user of the online store, you can customize certain products, such as labels. The terms of use for personalized products can be found in Chapter 9 below.

      c. Conclusion of the Sales Contract on the Online Store   

When visiting the online store, you will be invited to select products and add them to your cart. The final price, including any applicable delivery fees, will be communicated on the order page.

By clicking the Confirm button, you are placing a binding order for the goods contained in the cart. An order receipt confirmation will be sent immediately after the order is placed by email. If you do not receive a confirmation within ten minutes after clicking the Confirm button, you must contact the seller by email:

• For fresh products, please contact the corresponding store or write to: cupcake@bonnemaman.ch.
• For dry products, écrivez à info@bonnemaman.ch.

The seller is under no obligation to accept a customer’s order, nor to keep our offer permanently available. Orders already confirmed by us are not affected by these conditions.

A binding contract is concluded when the order confirmation is sent, but at the latest upon delivery of the ordered goods.

4. Data Protection

Your personal data will be processed by Andros (Switzerland) SA and Cupcake Affair GmbH as joint data controllers. The Privacy Policy of Andros (Switzerland) SA can be found on the website www.bonnemaman.ch applies to the processing of your personal data in general.

By registering on the website https://bonnemaman.ch, you, as a customer, can choose whether you wish to receive advertising or other information from the seller via various communication channels (e-mail, mail, telephone). If you have subscribed to the newsletter, you can unsubscribe at any time, easily and free of charge, by following the instructions provided in the respective message or by contacting our consumer service. To unsubscribe from the loyalty program, please contact us at the address indicated in point 1. 

The seller only shares personal data with third parties to the extent necessary for the proper execution of the order or payment (e.g., transmitting data to the postal service, to a debt collection agency in case of non-payment, etc.), for communicating with customers, or for conducting surveys related to your purchases or inquiries. Our partners delete customers’ personal data as soon as the purpose of processing has been fulfilled and, in any case, upon expiry of the legally prescribed retention period. All information is handled with the utmost confidentiality.

When entering your personal data required for placing an order and/or registering, you are responsible for providing complete and accurate information. You are required to keep your personal account access data confidential and prevent access by any unauthorized third party.

5. Prices, Fees and Payment Details

1. Prices

The prices indicated in the offer at the time of order confirmation apply to orders placed in our online shop. The prices shown are final prices; this means they include the applicable statutory VAT and all other price components. Shipping costs are shown separately and are payable in addition.

       b. Shipping Costs

Delivery charges are displayed during the checkout process, before the final confirmation of the order. Our delivery partner is Swiss Post. For fresh products, such as cupcakes, we work with a specialized delivery partner. Delivery charges do not apply to products that customers pick up in a Bonne Maman store (Click & Collect).

        c. Payment       

In our online shop, you can pay for orders using a standard credit card, PayPal, or Twint. For all payment options, your bank account will be debited at the time the order is completed.

        d. Deposit in case of shelf rental

The seller offers shelves (display stands) for rent to showcase Bonne Maman cupcakes. These items may only be used for the purpose of displaying Bonne Maman cupcakes. In case of shelf rental, a deposit of CHF 100.00 must be paid at the time of collection (security deposit). If the shelf is not returned by the agreed date or is found to be damaged, the renter will be held responsible. The seller’s corresponding rights may then be offset against the deposit.

6. Delivery and Collection

1. Retention of Title

Until full payment has been made, the goods remain our property.

     b. Delivery

The delivery time for dry products is 5 business days. For express delivery, the timeframe is 2 business days.

Fresh products must be ordered no later than 3 days before the desired delivery or collection date, before noon. If the order is placed after this deadline, the seller is entitled to deliver the products after the requested date.

    c. Delivery Risks, Delivery Delays

We do not assume any procurement risk, even in the case of a sales contract for custom-made goods. We are only obliged to deliver items that are available in our stock or that we have received from our suppliers following our order. Our delivery obligation is void if we are not supplied correctly or on time.

In cases of force majeure, particularly strikes, lockouts, government intervention, shortages of raw materials or energy, transport difficulties for which we are not responsible, operational disruptions beyond our control (e.g., due to fire, water damage, or machine breakdowns), and any other impediments that can objectively be considered outside our responsibility or fault, we are entitled to withdraw from the contract or postpone delivery by an additional period of up to 4 weeks. We will inform you immediately of the start and end of such impediments. If the impediment resulting from the aforementioned cases persists for more than 4 weeks beyond the originally valid delivery period, you are entitled to terminate the contract. No further claims, particularly for damages, shall exist.

    d. Transfer of Risk

The risk of loss and damage to the goods is transferred to the customer at the moment the goods are handed over to the customer or, in the case of mail-order sales, at the moment the goods are handed over to a transport company (Swiss Post). This applies regardless of whether the shipment is covered by insurance or not.

If it proves impossible to deliver to the customer because they cannot be found at the specified delivery address at the time of delivery, the transport company or any other delivery agent is authorized to leave the ordered goods at the specified delivery address at the customer’s risk. This provision applies even if the goods are perishable and no suitable drop-off location is available.

Parcels returned to the seller by the transport company may be disposed of by the seller without further formalities. The purchase price, including transport costs, remains payable, and the customer is not entitled to a refund.

     e. Pickup

Products scheduled for collection at a Bonne Maman store (Click & Collect) must be picked up at the designated branch on the agreed date, without any additional reminder. If collection is not made in due time, the products will be disposed of without further formalities after the store closes. This does not affect the seller’s right to receive payment of the purchase price.

7. Warranty and Returns

1. Defects

You must check the condition of the delivered goods immediately to rule out any visible material or manufacturing defects as well as any damage incurred during transport. It is your responsibility to notify us of any defect or discrepancy concerning the delivered goods.

      b. Return and Cancellation            

For any purchase on www.bonnemaman.ch, you have an optional right of return valid for a total of 15 days, subject to the exclusions provided in the General Terms and Conditions. You may cancel the contract by returning the goods within 15 days after receipt (the period begins the day after the goods are received). Timely dispatch is sufficient to meet the deadline. However, the conditions for exercising the right of return are that you return the goods complete and undamaged. In addition, we kindly ask you to return the goods in their original packaging.

The right of return does not apply to the purchase of a gift voucher (in-store or online) 

Fresh products cannot be returned; however, orders for fresh products may be canceled free of charge up to 7 days before the scheduled collection or delivery date (after this period, the goods will be fully invoiced). To do so, you are responsible for contacting our consumer service within the above-mentioned timeframe.

If your return shipment is due to an order processing or delivery error exclusively attributable to us, we will reimburse the postal charges. Otherwise, return costs are at your expense. You are required to return the products in a manner that prevents damage during return.

Please send the goods to:

Bonne Maman Suisse
Route de Champ-Colin 12-16
1260 Nyon

Refunds are always processed using the payment method you selected at the time of purchase. Therefore, you must ensure that you have access to this payment method. The seller accepts no liability in this regard.

      c. Note regarding fresh products  

Unless otherwise indicated, all cupcakes have a shelf life of 3 days (from the date of delivery or collection) and must be kept refrigerated at all times.

All cupcakes contain dairy products and gluten unless otherwise stated. All products may contain traces of nuts. For any questions regarding ingredients, please contact our consumer service.

       d. Warranty and Claims Handling 

The statutory warranty provisions apply.

We place great importance on customer satisfaction. You can contact us at any time using the contact details provided at the beginning of these Terms and Conditions. We will strive to review your request as quickly as possible and will contact you after receiving the necessary documents, your inquiry, or complaint. However, please allow us some time to process your request. In the event of complaints, you can assist us by describing the problem or defect as precisely as possible and by providing copies of the order documents or at least the order number, customer number, etc. If you have not received a response from us within 5 days, please contact us again.

8. Loyalty Program

The seller offers you the opportunity to join our loyalty program as a non-commercial customer.

Our loyalty program allows you to earn points with every purchase. 1 CHF spent equals 1 point. Once you reach 200 points, you receive a voucher worth CHF 10 to use in-store or online. The more points you collect, the more you earn: 400 points entitle you to CHF 20, 600 points to CHF 30, and so on.

Points earned are valid for an unlimited period, unless the loyalty program is canceled or modified in the future. The seller reserves the right to change the conditions of the loyalty program at any time and without providing reasons. 

En tant que membre, vous bénéficiez d’avantages exclusifs. Vous profitez d’une remise de 20 % pendant les deux semaines suivant votre anniversaire, valable en ligne ou en boutique. Lors d’un achat en boutique, un sac en papier vous sera offert gracieusement pour y mettre vos achats.

Registration for the loyalty program is automatic when creating a customer account online or in-store. You can check your points at any time in the “My Account” section.

9. Specific Rules for Customized Products

The Customer has the option to customize the label of certain Products available on the Website by using the product configurator, in order to add a personalized message to the ordered Product.

RULES FOR USING AND PROPER CONDUCT WHEN USING THE PRODUCT CONFIGURATOR:

By using the product configurator, you represent and warrant that the personalized messages comply with applicable laws and adhere to standards of good conduct and decency.

You agree not to use the configurator for the purpose of disrupting or interfering with the proper functioning of the configurator, the servers, or the networks used to provide access to the configurator. The use of this tool must not result in preventing or restricting other individuals’ access to it.

You agree not to:

• make any modification, adaptation, or translation of any element composing the configurator;
• make any reproduction or copy via a mirror site of all or part of the configurator;
• introduce any virus, Trojan horse, spyware, or other harmful computer code that could impair the functioning of the Website and its tools.

You therefore agree not to write any message that:

• Containing insulting, threatening, aggressive, offensive, defamatory, scandalous, disrespectful, false, discriminatory, racist, homophobic, sexual, or pornographic statements, as well as any other content that may infringe on image rights, respect for privacy, or an individual’s personal freedom, or that encourages hate speech or breaking the law by any means whatsoever;
• Containing private or personal information (such as name, address, phone number, or email) regarding any individual or legal entity without having obtained their prior authorization;
• Contrary to morality or public decency;
• With a political connotation (supporting a candidate, a party, political slogan…). Bonne Maman is a national brand intended for the general public, and its brand image must not be associated with or used to support any political party or candidate in the context of an election (national, regional, or local);
• Not containing any content protected by intellectual property rights belonging to a third party, unless you have obtained that party’s express, personal, and written authorization (such as trademarks, logos, etc.). This prohibition applies to trademarks and any work that may be protected by copyright (such as a movie name, music title, literary work title, character name, etc.). Otherwise, you guarantee that the seller or the trademark owner shall not be held liable in the event of a dispute with such third party.

The seller shall in no event be held liable for any failure or improper performance of the contractual obligations mentioned above attributable to the customer, as well as for any spelling, grammar, or punctuation errors in the drafting of the personalized content on the website, or for any alteration of the product once in the customer’s possession. Products must be stored at the recommended temperature of 6°C.

The Company reserves the right to refuse to fulfill any order that does not comply with the above usage rules. The Company may, at its discretion, either refund the Customer for the refused order within a short period from the day it informs the Customer of its refusal to process the order, or issue a credit note valid for any new order placed on the Website.

Furthermore, the presentation of customized products on the configurator is provided for illustrative purposes only. While the Company takes care to display colors and images accurately, it cannot guarantee that the display of colors and images on your devices (computer, mobile, or tablet) will exactly reflect those of the Products. Therefore, they may vary between your order and your delivery.

Moreover, the seller disclaims any liability for issues related to the use of the Internet that may result in the loss of your personalized product. The seller reserves the right to claim compensation from the customer for any damage caused by malicious use or use contrary to the terms of use of the personalized label configurator mentioned above.

22. Online Games / Contests

1. Participation is open to any person residing in Switzerland and Liechtenstein, except employees of ANDROS Suisse, its affiliated companies, and its partners. All games or contests are free of charge with no obligation to purchase or place an order. Winners will be notified in writing via the personal data provided. The value of the prizes cannot be converted into cash, and any legal recourse is excluded. The terms and conditions of the game or contest are governed by the official contest rules.
   
   
2. Image Rights Clause: By participating in this contest, you understand that the contest rules will require that, if you are designated as a winner, Andros Suisse (Bonne Maman) shall be entitled to use your image from recordings made during the event to which winners are invited, whether in the form of video, photographs, or another format (“Captures”). Such use does not entitle you to any remuneration whatsoever.

11. Miscellaneous

1. Intellectual Property Rights
   

To the extent permitted by law, the seller retains all intellectual property rights.

      b. Applicable Law and Jurisdiction                                             

Swiss law applies to all legal acts and other legal relationships between the customer and us. Jurisdiction shall lie with the seller’s registered office or, alternatively, at the consumer’s domicile within Switzerland.

      c. Amendments to the Terms and Conditions of Sale

We reserve the right to unilaterally modify these Terms and Conditions.

      d. Salvage clause

 In the event that any individual provisions of the contract, including these rules, prove to be partially or wholly unenforceable or become so, or if the contract contains an unforeseen loophole, this shall not affect the validity of the other provisions or parts thereof.