General terms and conditions
The following general terms and conditions (hereinafter referred to as “GTC”) apply to all business relationships between LUNA Swiss – a division of Lichtgestalt GmbH (hereinafter referred to as “LUNA Swiss”, “us” or “we”) and the customer (hereinafter referred to as “customer », referred to as «buyer» or «you») for physical products (hereinafter referred to as «products» or «goods») that are available via our website https://4moms.ch (hereinafter referred to as «online shop» or «website») be bought.
LUNA Swiss – a division of Lichtgestalt GmbH
weaving line
688134 Adliswil
Switzerland
UID Nr. CHE191854611
Telephone: +41 (0) 43 540 34 92
Email: 4moms@luna-swiss.ch
Individual
agreements concluded with the customer shall take precedence over these GTC.
Opposing conditions of the customer are not recognized.
LUNA Swiss
reserves the right to change these GTC at any time. All changes become
effective with the publication of the new GTC on the Website. The relevant time
for the applicability of the valid GTC is the date of the submission of the
binding order to us when purchasing a product.
Please read
these terms and conditions carefully before placing a binding order. By placing
a binding order, you agree to the following terms and conditions as well as our
Privacy Policy and declare that you are authorized to conclude legally binding
contracts and that you are at least 18 years old.
2. Conclusion of a Contract
The
presentation of the products in the Online Shop is not a legally binding offer,
but only a non-binding online catalogue or a non-binding invitation to customers
to order the product in the Online Shop. LUNA Swiss expressly reserves the
right to change the products as well as the contents, e.g. pictures,
assortment, prices, and the descriptions of the products, at any time and
without prior notice. Illustrations, pictures, brochures, advertising, and
other information in connection with our products are for information purposes
only and are not binding for LUNA Swiss.
The customer
can place a binding order for the products selected by him/her via our Online Shop.
The customer can put the products he/she selects into the "shopping
cart". This is not yet considered a binding order. An order shall only be
deemed to be binding when the customer clicks on the button "buy now" on the order page at the end of the
ordering process. Before submitting the order, the customer can change and view
the details at any time, recognize any input errors and correct them if necessary,
before the binding final submission of the order.
An order
confirmation is sent to the customer immediately and automatically by e-mail.
This confirmation e-mail contains the information of your order and our terms
and conditions accepted by you during the ordering process. The confirmation
e-mail only serves as information that we have received your order. The
automatic order confirmation does not constitute a contract of sale. By sending
the order you confirm that you have read the terms and conditions and that you
agree to them without reservation. We recommend that you print out the GTC for
the purpose of the online order and your documentation or save them on your
computer.
After you
have placed a binding order, LUNA Swiss is free to either accept the order or
reject it at its own discretion by sending you a corresponding notification by
e-mail and without assuming liability towards you or third parties. Any payment
already made will be refunded when the order is cancelled. Reasons for the
rejection of an order may be, for example, if a product is no longer available,
if we cannot obtain authorization for the customer's payment, or if there is a
justified reason to believe that the customer is acting contrary to these terms
and conditions, individual contracts, fraudulent or other criminal activities,
or for any other important reason.
When the
order is accepted, a binding purchase agreement with the customer is concluded.
This acceptance takes place by shipping the ordered products.
Any
commercial distribution or resale of our products is strictly prohibited.
3. Availability and reservation of performance for products not
available
All
information about the availability, shipping and delivery of a product is
preliminary information and approximate guidelines. They do not represent
binding or guaranteed shipping or delivery dates. Any liability for unavailable
products or for delays in shipment or delivery is expressly excluded.
Our
products are available as long as our stock lasts. If LUNA Swiss discovers
during the processing of your order that the products you ordered are not
available, we will inform you immediately. In this case, a contract for the
non-available products will not be concluded as the ordered products cannot be
delivered.
Furthermore,
we reserve the right to limit the number of items that can be purchased by a customer.
In this case we will inform the customer by e-mail accordingly.
4. Prices and Shipping Costs
Our
products and prices correspond to those indicated on the Website. All prices
are provided in CHF (Swiss Francs) and include the statutory value added tax
(VAT) of 7.7% and if applicable, the prepaid recycling fee (vRG). The total
price of your order, including all additional charges and shipping costs, is
displayed at the end of the ordering process.
By placing
a binding order, you declare that you agree with the total price for the
products ordered. After the binding order, the price cannot be adjusted.
LUNA Swiss
reserves the right to change the prices at any time. The products will be charged
on the basis of the prices offered at the time the binding order is placed.
5. Payment Conditions, Credit Rating
Orders are generally due for payment immediately.
The customer has the option to pay with the
means of payment, which are shown on the Website or during the ordering
process. These may change from time to time and vary from country to country.
In addition, we reserve the right not to offer certain payment methods in
individual cases and to refer to other payment methods used by us (for example,
to protect our credit risk only those that correspond to the respective credit
rating). LUNA Swiss is expressly authorized by the customer to carry out credit
checks at its own discretion and, if necessary, to pass on customer data to
third parties for this purpose.
By choosing the means of payment, the customer
authorizes the payment either by entering credit card data or access data of a
payment service provider. The customer authorizes LUNA Swiss to accept or
collect payments by the appropriate means. Should there be a chargeback, LUNA
Swiss shall be entitled to reimbursement of the associated costs and bank
processing fees. Furthermore, LUNA Swiss shall not be liable for any fees or
other amounts that the card issuer or your bank may charge you as a result of
processing your payment in accordance with your order.
If you pay
with a credit card or an alternative payment method, we reserve the right to
check the validity of the card, to check the availability parameters for collection
and the address details and to request authorization from the card issuer or
payment provider. You also confirm that the credit card is valid and that the
payment details entered are correct. If payment is refused, LUNA Swiss reserves
the right to cancel the order and stop shipping the products. In this case we
will contact you immediately.
In the case
of payment by invoice, the customer will receive the invoice with payment slip
upon delivery of the goods or by e-mail. Payment must be made using the payment
slip within the payment period indicated on the invoice. If payment is not made
on time, LUNA Swiss shall be entitled to charge its expenses for each reminder
of at least CHF 50.00 and other costs associated with the collection, as well
as the statutory default interest. Should it become necessary to initiate debt
collection, we will charge an additional processing fee of at least CHF 200.00.
6. Delivery Conditions
The
delivery is generally made by the delivery service DPD. We can only ship orders
to delivery addresses within Switzerland. For deliveries to Switzerland, the
shipping costs are paid by Luna Swiss if the order value exceeds CHF 100. -. If
the order value is lower, a one-time shipping fee of CHF 9.- will be charged.
The costs incurred must be paid in advance by the buyer.
The
products you order from our Online Shop and which are in stock will be
delivered to you within 2-5 working days after receipt of full payment,
depending on the destination. You can use the tracking number to track the
current location of your order.
If the
products are marked as out of stock when you place your order, LUNA Swiss will endeavour
to deliver the products as soon as possible. LUNA Swiss will make every effort
to meet the delivery times indicated. However, LUNA Swiss is not responsible
for delays in delivery, regardless of the cause. We will inform you immediately
of any delays in delivery.
If the
prevention of performance lasts more than 3 weeks after the original delivery
date, the customer is entitled to cancel his/her order. Further claims, in
particular claims for damages, are excluded.
Should the
delivery of the product fail through the fault of the customer despite three unsuccessful
delivery attempts, LUNA Swiss may withdraw from the contract. Any payments made
will be refunded immediately.
7. Retention of title
LUNA Swiss
remains the owner of the delivered products until they have been paid in full.
8. Right of revocation and return of goods
For all purchases of our goods via our online shop (with the exception of certain products; cf. the cancellation restrictions below), you as a consumer have a right of cancellation within 14 days of receipt of the goods without giving reasons. You can withdraw from the contract within 14 days of receipt of the goods or a third party named by you who is not the carrier, by sending the goods to us LUNA Swiss, Webereistrasse 68, 8134 Adliswil, Switzerland. Phone: +41 (0) 43 540 34 92, 4moms@luna-swiss.ch or send us a clear declaration of cancellation in text form (e.g. a letter sent by post or email) about your decision to cancel the contract . The 14-day return period begins on the day after receipt of the goods and is met if the goods or the cancellation notification are handed over to the post office or another transport company for return or dispatch on the last day. You can use the sample revocation form, which is, however, not mandatory.
The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete and intact, if possible in the original packaging. The goods must be returned to the following address:
LUNA Swiss, Webereistrasse 68, 8134 Adliswil, Switzerland.
Consequences of revocation
If you withdraw from the contract and the goods are properly returned, we will refund the total price you paid including delivery costs (with the exception of the costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us ) immediately and no later than 14 days from the day on which we received notification of your cancellation of this contract or the goods were received by us. The repayment depends on the payment method originally used and is always made to the associated account that was used for the payment, unless something else was expressly agreed with you under no circumstances will you be charged fees for this repayment. Please ensure that you have access to the account provided as LUNA Swiss accepts no liability in this regard.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Withdrawal Restrictions
The right of withdrawal is excluded for the following contracts: Delivery of products that have been customized according to your own specifications or that are clearly tailored to your needs (so-called customized, customized products); if the delivery concerns products that are not suitable for return for health or hygiene reasons and whose packaging was opened after delivery.
9. Notice of Defects, Warranty
LUNA Swiss
warrants that the goods correspond to the warranted characteristics and that
they have no defects that could affect their value or their suitability for the
intended use.
Upon
receipt of the products, the customer must check them immediately for
correctness, completeness, and possible damage. Any errors or damage must be
reported to LUNA Swiss within 5 working days. Defects that could not be
discovered during a proper inspection and only occur later must be reported in
writing immediately after their discovery. If you do not inspect the defect or
notify us immediately, the goods shall be deemed approved, and you shall no
longer be entitled to assert any claims against us.
The customer's warranty claims are limited to replacement
delivery or remedy of defects/repair under exclusion of all other claims, in
particular reduction or replacement of indirect and consequential damages. LUNA
Swiss decides at its own discretion about replacement delivery or rectification
of defects. If subsequent delivery or rectification of defects fails, the customer
shall be entitled in the event of significant defects to withdraw from the
contract.
For notification of complaints or service
questions, please contact us at the following address with the order number, customer
number, a description of the fault and other helpful information:
LUNA Swiss, mail@luna-swiss.ch.
The
defective product must be returned to the above-mentioned address of LUNA Swiss
with a copy of the invoice and a detailed description of the defect. The return
of a product is at the expense and risk of the customer. Please have your
return confirmed and keep this confirmation, as your warranty claim cannot be
processed if the package is lost.
10. Registration for an account
When
registering for a customer account you can find information about your
completed, open and recently shipped orders and manage and store your address
data, any payment data and a possible newsletter. Since your data is saved, you
do not have to enter it again when you make another purchase.
If you register for such an account, you are responsible for ensuring that the personal data required for registration is provided truthfully and completely. You are obliged to treat the personal access data confidential and not to make it available to unauthorized third parties. LUNA Swiss guarantees to treat your data confidential and not to pass them on to unauthorized third parties. Further information on data protection can be found in our data protection declaration.
The
registration is free of charge. Each customer is only entitled to maintain one customer
account. We reserve the right to delete several applications and to warn, block
or delete or change the content of registered customers who violate these terms
and conditions or individual agreements.
LUNA Swiss
is not obliged to accept the registration or order of a registered customer.
11. Complaints and Claims
We attach
great importance to customer satisfaction. You can reach us at any time using
the contact information provided at the beginning of this terms and conditions.
We endeavour to investigate your enquiries and complaints as quickly as
possible and will contact you after receiving the documents or your submission
or complaint. If you have any complaints or claims, please help us by describing
the exact problem or errors and, if necessary, provide a copy of the order
documents or at least indicate the order number, customer number, etc. We will endeavour
to reply to you within 3 working days.
12. Liability
LUNA Swiss
is liable for breach of its own obligations arising from these GTC and the
contractual relationships based on them for damages caused and proven through
unlawful intent or gross negligence. Liability is expressly excluded for slight
and medium negligence as well as for indirect and consequential damages,
whether based on a contract, an unauthorized act or for any other reason.
Indirect damage includes, for example, loss of profit, financial loss, damage
to reputation or loss of data due to temporary impairment or interruption of
the availability of the services of LUNA Swiss Furthermore, LUNA Swiss accepts
no contractual or non-contractual liability for damage caused by auxiliary
persons who are used to provide the service.
The above-mentioned
exclusions and limitations of liability shall not apply in the event of
culpable injury to life, body or health directly caused by LUNA Swiss or in the
event of mandatory statutory regulations, including the provisions of the
Product Liability Act.
Subject to
the foregoing, the total liability under these GTC shall be limited,
irrespective of the reason, and to the extent permitted by law, to the price of
the goods which the customer has ordered from us.
Matter
beyond our control
In the event of a matter beyond our
control (so-called force majeure), we do not assume any liability or
responsibility for the non-fulfilment or delayed fulfilment of any obligations
arising from these GTC and the contractual relationship based on them. An event
outside our sphere of influence is considered, for example, in the following
cases:
Strikes, closures or other
industrial actions by third parties, invasions, terrorist attacks, war, fire,
explosions, storms, floods, earthquakes, epidemics, pandemics, other natural
disasters, or the failure of public or private communication networks or the
inability to use rail, shipping, air, road or other means of public or private
transport.
Should an event occur outside our
sphere of influence which affects the fulfilment of our obligations within the
contract, we will inform you about it at the earliest possible time.
13. Data Protection
LUNA Swiss
collects and processes personal data only within the framework of the legal
provisions, in particular in compliance with the applicable data protection
laws. Further information on the processing of your personal data, your rights
and related questions can be found in our data protection notice, which forms an integral part of
these GTC.
14. Copy Right
The
information and content published on the Website are protected by copyright and
are the property of LUNA Swiss or the respective rights holder. Reproduction,
processing, distribution, or any other form of exploitation requires the prior
written consent of the respective rights holder. LUNA Swiss and the respective
rights holder expressly reserve all rights in this respect.
15. Severability Clause
If one of the provisions of these terms and conditions is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes the economic purpose of the provision and the will of the parties at the time of the conclusion of the contract into account as far as possible. The same applies to possible loopholes in these GTC.
16. Applicable Law and Venue
These GTC, the contractual relationships based on them and any disputes
shall be governed exclusively by Swiss substantive Law, excluding the conflict
of laws rules and the United Nations Convention on Contracts for the
International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office
of LUNA Swiss or the customer's place of residence. For legal entities, the
registered office of LUNA Swiss shall be the exclusive place of jurisdiction.
These provisions shall only apply insofar as there are no mandatory
provisions of the law of the state in which the consumer has his/her habitual
residence which take precedence over these GTC.
Final provisions
This privacy statement is an unofficial translation of the original in German.
