Terms & Conditions

1. Purpose of the contract
ROSATOP SA owner of the web shop DelightsMarket.ch, sells to the customer the offered products to the following terms and conditions (GTC).
By ordering products from our range, the terms are accepted. Deviating conditions of the customer are recognizable only if agreed in written form.

2. Conclusion of the contract
By clicking on the “order” button, the customer of DelightsMarket store concludes a sales contract in accordance with Article 197 and following of the Code of Obligations
Through the online order and immediate payment (i.e. direct ordering and payment over the Internet or via prepayment) of our products, a contract of sale between the customer and RosaTop SA is concluded. However, ROSATOP SA may cancel the contract without giving any reason within 7 days by refunding the purchase amount. Should the contract be solved unilaterally by the customer after sending the order (e.g. non-payment, etc.), we allow ourselves to charge a handling fee of 5% of the purchase price or at least a minimum of CHF 50. – .

3. Product range
The representation of the products in our online shop is not a binding offer but an online catalogue without commitment. By clicking the “Buy” button, you make a binding order for the products in the cart. You receive the confirmation for the reception of your order through an automated email together with the acceptance of the order. With this confirmation by email, the contract is valid.
We save the text of the contract and send you the order details by email. You can always check the Terms and Conditions in the T&C section of our page. Due to security reasons, you cannot access your order details over the internet.

4. Payment
All prices are in Swiss francs, including VAT. The product is paid online by credit card or offline through advanced bank transfer.

5. Retention of title
The delivered products remain actual property of ROSATOP SA until full payment of the goods. ROSATOP SA is entitled to make a corresponding entry in the title register. In case of delayed or missing payment of the purchase, ROSATOP SA is entitled to withdraw from the contract by notice of withdrawal and to take the products back in their possession.

6. Delivery Terms
At the moment of the delivery the buyer has to check if the goods are complete and without damages. In case of transport damages or missing goods ROSATOP SA has to be informed immediately.

7. Return
A return of the goods delivered according to the contract is possible only in case of damage or wrong delivery. We ask you to inspect the goods immediately at the delivery as return is only accepted within 7 days of receipt. To return the goods the buyer needs the proof of purchase. Before returning the goods, ROSATOP SA has to be informed in written form about the reason for the return. The buyer is responsible and has to pay the costs for the transport of the returned goods. ROSATOP SA reserves the right to execute a product control on the returned goods.

8. Warranty and Liability
The buyer has only the right of guarantee if the product is faulty at the moment of delivery. For faults caused by an inappropriate elaboration of the product, the seller cannot be held responsible. First, the buyer can decide if he wants the faulty product to be exchanged. If this option is not possible, the buyer can decide if he wants a discount on the product price or if he wants to withdraw from the contract. The seller cannot be held responsible for any follow damages caused by faulty products or a late delivery. Furthermore, there is no right for guarantee if the product is not suitable for the intended use; therefor the buyer has to verify the possible conditions of usage of the product before buying it.

9. Intellectual Property
ROSATOP SA reserves all rights for each design, text and graphics on their website (unless they are in possession of the product suppliers.

10. Privacy
ROSATOP SA ensures adherence to the provisions of the Swiss Data Protection Act and the relevant legal standards for the collection, processing and use of personal data. The customer data acquired during the order process is for internal use only. The information is only disclosed to third parties if this is absolutely necessary for the proper performance of the service. The user declares to agree on the above-mentioned use of his data. Furthermore, at any time he has the right to take vision on his saved data and can forbid its use for internal marketing purposes.

11. Jurisdiction and applicable law
These terms and the contracts concluded under this agreement are subject to Swiss law, excluding the UN Sales Convention (CISG). Place of jurisdiction is Lausanne.

12. Final regulations
Should individual parts of these Terms and Conditions be or become invalid, this will not affect the validity of the remaining parts. Otherwise, ROSATOP SA reserves the right to change these terms and conditions at any time.