Allgemeine Geschäftsbedingungen der MJ Steps GmbH
The following terms and conditions apply to all orders placed via our online shop or employees by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
Additional agreements or further commitments of MJ Steps must be in written form. MJ Steps expressly reserves the right to change these general terms and conditions at any time.
The purchase contract is concluded with MJ Steps GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can put our products into the shopping cart without obligation at first and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.
The product range of MJ Steps may include medicinal products of the delivery categories A to E of the Swiss Agency for Therapeutic Products Swissmedic, medical devices and aids, freely marketable health and cosmetic products as well as food supplements. MJ Steps can adapt or supplement the existing range at any time.
MJ Steps reserves the right to contact the customer or the prescribing physician directly in case of uncertainties.
Contract language, contract text storage
The language available for the conclusion of the contract is German. The text of the contract is not stored by us.
Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to pick up the goods yourself.
We do not deliver to packing stations.
The delivery is made in a neutral packaging to any address in Switzerland requested by the customer. The packages are sent A-Post.
The delivered products can be returned at the customer’s expense up to 14 days after receipt as long as they are unopened and unused. Already paid products will be refunded immediately.
In our shop, the following payment methods are available to you:
When you place your order, you simultaneously send us your credit card details.
After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and your card is charged.
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
The goods remain our property until full payment has been received.
For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.
MJ Steps guarantees that delivered products are stored properly, are in their original packaging and are delivered within their shelf life. The customer checks the delivery immediately after receipt for possible defects and its completeness. MJ Steps must be notified of any complaints immediately – if recognizable at the latest 5 days after receipt, if not recognizable immediately after discovery – in writing or by telephone. Otherwise, the customer acknowledges that the delivery was made according to the contract and that the delivery was in perfect condition. No defects are minor deviations that are customary in the trade and are based on material-altypical properties.
Defective products can be returned after prior contact with MJ Steps. We will deliver a replacement for defective products or issue a corresponding credit note to the customer after consultation, unless the customer has not notified MJ Steps of the defect in due time in accordance with the above provisions. Any further warranty, in particular for properties and effects of the products, is waived to the extent permitted by law. Product liability claims are to be addressed to the manufacturers of the respective products.
The original invoice must be kept by the customer in order to assert any claims.
MJ Steps is not obligated to deliver a replacement if it proves that it is not responsible for the claimed defect, for example in the case of defective products or services of third parties or in the case of subsequent modification of the products by the customer. Claims for damages due to possible errors in the illustrations or in the prices and texts are excluded.
The return or exchange of faultless and completely delivered products is excluded for hygienic reasons or, in the case of pharmaceuticals, for legal reasons.
Gewährleistung und Garantien
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in case of violation of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- as far as the scope of application of the product liability law is opened.
Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can contact our customer service for questions or complaints from 09.00 to 18.00 hours by e-mail at firstname.lastname@example.org.
With the exception of liability for intent and gross negligence, all liability is excluded to the extent permitted by law.
By placing an order, the customer confirms that the products will only be used in accordance with the prescription, the relevant information according to the package insert and instructions for use as well as other medical information.
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- as far as the scope of application of the product liability law is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
MJ Steps procures and processes personal data as far as this is necessary for the business transaction (e.g. delivery, keeping a patient file and for the settlement with health insurance companies) or due to legal regulations. Zur Rose can pass on data to third parties, as far as this is necessary to fulfill the legal obligations or if the patient agrees to the passing on of data.
In addition to the collection and processing of personal data for the processing of the purchase, Zur Rose also uses this data in particular for shopping basket analyses, advertising campaigns, concrete offers, customer contacts or to recommend services. In this respect, it may cooperate with third parties. The customer can object to the use of his or her personal data for advertising purposes at any time, either as a whole or for individual measures.
Zur Rose processes the data that the customer provides when registering or that are recorded during purchases with the greatest care and in accordance with the rules of Swiss data protection.
All prices in the online shop of MJ Steps are indicated in Swiss Francs (CHF) and include the legal value added tax as well as any discounts advertised.
The medical products are delivered at the public prices valid on the date of delivery including the legal value added tax.
Gerichtsstand und anwendbares Recht
All legal relations between MJ Steps and its customers are subject to Swiss substantive law. For legal actions of consumers and all other cases, Zurich is the place of jurisdiction.