General Terms and Conditions (GTC)
As of: August 2023
1. Scope of application
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the online shop www.lunopieno.ch (hereinafter referred to as "Onlineshop").
Lunopieno, Cedric Oeschger, Mattia Zuffellato reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall apply, which cannot be unilaterally amended for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised.
The offer of products and services in the online shop (hereinafter referred to as "offer") is aimed exclusively at customers with their place of residence or registered office in Europe.
The offer is valid as long as the product can be found via the search engine in the online shop and/or stocks last.
2. Information
2.1 Product and price
Pictures of products in advertising, brochures, online shop, etc. are for illustrative purposes only and are non-binding.
All sales prices published in the online shop are final prices, as long as the customer is resident in Switzerland, which include all taxes (in particular VAT), any advance recycling fees (ARF), costs for packaging, delivery costs and all other possible charges, fees or costs. The only exception to this is a possible minimum quantity surcharge, which is levied by Lunopieno.
In addition to the final price, a minimum quantity surcharge of a maximum of CHF 9.00 will be charged if the total of the shopping basket is less than CHF 50.00 for an order. Lunopieno reserves the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract.
2.2 Availability and delivery time
Lunopieno attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online shop. However, Lunopieno may experience delays in delivery, particularly due to production or delivery bottlenecks. All information on availability and delivery times is therefore without guarantee and may change at any time.
3. Conclusion of the contract
The products and prices in the online shop are deemed to be an offer. However, this offer is always subject to the condition that the contract is cancelled if delivery is not possible or if the price is incorrect.
The purchase contract for Lunopieno products or services is concluded with Lunopieno as soon as the customer places their order in the online shop, in a subsequent shop, by telephone or e-mail (hereinafter referred to as the "purchase contract").
The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation sent by Luno Pieno to the e-mail address provided by the customer. Receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the online shop and that the contract with Luno Pieno has therefore been concluded subject to the condition of delivery availability and correct pricing.
4. Delivery date
With the order confirmation, the customer shall be informed of a provisional delivery date or the customer shall be contacted and an individual delivery date agreed.
If Lunopieno is in default of delivery, the customer shall have the right to withdraw from the contract from the 30th calendar day after the originally announced delivery date (except in the case of special orders). In this case, Luno Pieno shall reimburse the customer for any amounts already paid in advance.
There shall be no further claims against Luno Pieno.
5. Delivery / store collection
All delivery and collection options are available to customers for Lunopieno products and services, which are noted in the online shop under "Delivery and collection".
The customer's delivery address must be in Switzerland or Liechtenstein and easily accessible by lorry. If this is not the case, the customer shall bear any additional costs.
If the customer does not accept the ordered products on the agreed or indicated delivery date, Lunopieno may terminate (cancel) the contract and charge the customer for the delivery costs incurred and any loss of value.
If the customer does not collect the products ordered from a shop (store collection) within 14 calendar days of the products being ready for collection from the shop, Lunopieno may terminate (cancel) the contract.
6. Obligation to inspect
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.
In the case of forwarding deliveries, any delivery damage must be noted on the delivery note.
Delivery damage, incorrect and incomplete deliveries must be reported to Lunopieno within 5 calendar days from the time of collection or delivery. The customer is aware that such a report must be made by e-mail. They shall keep it as received in the original packaging and return it in accordance with the instructions of the return and returns process.
7. Warranty
7.1 Basic provisions
Lunopieno guarantees that the products ordered are free from defects for 2 months after delivery or store collection. The warranty period shall continue irrespective of the provision of any warranty services. Lunopieno may choose to extend the guarantee by
- partial or complete replacement with an equivalent product (in the case of replacement in the first month of the warranty, the original warranty period shall continue; in the case of replacement in the second month of the warranty, the warranty period shall be 1 year from the date of replacement);
- Replacement with a new product by Luno Pieno (new warranty period of 2 years from replacement)
- Credit at the current price, (maximum the selling price at the time of order); or
- provide a reduction .
All further and in particular the statutory warranty provisions are excluded.
8. Liability and exclusion of liability
8.1 Liability
Liability shall be governed by the applicable statutory provisions. However, in no event shall Lunopieno be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealised savings, (iv) damages resulting from delay in delivery and (v) any acts and omissions of Lunopieno's auxiliary persons, whether contractual or non-contractual.
In addition, Lunopieno shall not be liable in the following cases:
- inappropriate, non-contractual or unlawful storage or use of the products;
- force majeure, in particular damage caused by the elements, moisture, falls and impacts for which Luno Pieno is not responsible, and official orders;
8.2 Limitations of liability
Lunopieno disclaims, without limitation, all liability for any loss or damage of any kind, including any direct, indirect or consequential damages, which might be incurred through the use of or access to the Lunopieno websites, or any links to third-party websites. Lunopieno does not guarantee that the individual parts of its website will function without error. Furthermore, Lunopieno accepts no liability for any manipulation of the Internet user's IT system by unauthorised persons.
9. Payment
9.1 Payment options
All payment claims for products and services purchased via Lunopieno's online shops shall be made by Lunopieno directly to the customer.
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Payments must be made in Swiss francs.
Customers can use the payment methods offered in the online shop under "Payment options".
The current payment method fees, which may be charged by Lunopieno, can be seen under "Payment options" and are shown in detail during the ordering process.
For payment by credit card or other instant payment methods, the charge will be made when the order is placed.
In the case of prepayment, delivery will only be made after receipt of payment. The products in Lunopieno's central warehouse are reserved until the payment period of at least 11 calendar days has expired. This also applies to products that are first ordered externally but are processed and dispatched via our warehouse.
In the case of purchase on account, the customer is obliged to pay the invoice amount within 20 calendar days of receipt of the delivery without any (cash discount) deduction. In the event of a partial return of the delivered products, the invoice amount may be reduced accordingly.
9.2 Default of payment
If the customer fails to fulfil its payment obligations in whole or in part, all outstanding amounts owed by the customer to Lunopieno under any title shall become due immediately (in the case of advance payment within 8 calendar days of the first reminder) and Lunopieno may demand immediate payment and suspend further deliveries of products to the customer.
Lunopieno shall be entitled to demand immediate payment of the outstanding amounts.
Lunopieno charges a collection fee of CHF 5 for the 2nd reminder and a collection fee of CHF 20 for the 3rd reminder. In the event of unsuccessful reminders, the invoice amounts can be assigned to a company commissioned with the collection. In this case, an additional effective annual interest rate of up to 15 % may be charged on the invoice amount owed from the due date. The company commissioned with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
9.3 Retention of title
Products ordered shall remain the property of Lunopieno until full payment has been made to Lunopieno. Lunopieno is authorised to make a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of Lunopieno.
10. Change of the order or cancellation
Orders oblige the customer to accept the products and services. Lunopieno may accept subsequent changes or cancellations of orders placed by the customer at its own discretion and charge a handling fee of 20% of the cancelled order value, but at least CHF 60, as well as any loss in value of the cancelled products since they were ordered.
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If a (partial) delivery impossibility (resolutory condition) occurs after an order or the conclusion of the contract in accordance with section 3, the customer shall be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If no payment has yet been made, the customer shall be released from the obligation to pay. Further claims due to delayed or cancelled delivery are excluded.
11. Return of defect-free goods
Under the conditions listed at Return Policy, Lunopieno grants the right to return the ordered products. Whether and for how long customers can return a product can be seen on the respective product page under "Returns and guarantee".
If the customer makes use of their right of return, Lunopieno will refund the entire purchase price less any minimum quantity surcharge paid and the return costs listed in the return policy. For clothing and shoes, the return is free of charge for customers.
In connection with any return of products for which import customs clearance has taken place on behalf of the customer, the customer authorises and instructs Lunopieno to make the export customs declaration for the returned products and to apply for any refund of Swiss import duties in the name and on behalf of the customer. If the customer was unable to deduct the import tax or was only able to deduct part of it as input tax and the other conditions for an import tax refund due to the re-export of the ordered products are met, Lunopieno will refund the customer the import tax paid in advance after receiving the corresponding amount from the Swiss Federal Customs Administration. In the case of companies listed in the Swiss or Liechtenstein VAT register, proof of non-deductibility of the import tax must be provided by means of corresponding confirmation from the Federal Tax Administration.
In this context, the customer assures Lunopieno that the details and list of the returned products are complete and accurate in accordance with the return slip generated by the customer in the return process, and that the return shipment actually contains the products specified in the return slip
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contains. The customer shall indemnify Lunopieno in full against all third-party claims in connection with an incomplete or incorrect customs declaration caused by the customer. Lunopieno shall have the right to check the information provided by the customer on a random basis.
12. Community
By publishing comments and contributions in our community, the author confirms that they agree to the community conditions under Lunopieno's community conditions.
13. Other provisions
13.1 Non-assignable returns
Returns that cannot be assigned to a customer or cannot be returned to the customer will be kept by Lunopieno for six months and then disposed of.
13.2 Uncollected or undeliverable warranty goods
If goods relating to the provision of warranty services in accordance with clause 7 are not collected from the branches within six months of the request to collect them being sent to the customer or if the goods cannot be returned to the customer, Lunopieno shall be entitled to dispose of the goods, in particular to dispose of them.
13.3 Data protection
The Privacy Policy applies to the processing of personal data by Lunopieno.
13.4 Partial validity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
13.5 Place of jurisdiction and applicable law
All legal relationships between Lunopieno and the customer are subject to substantive Swiss law.
13.6 Copyright notice
All rights, in particular copyrights, to these GTC belong to Lunopieno.
Any reproduction, distribution or other use is prohibited and only permitted with the express written consent of Lunopieno. Lunopieno reserves the right to take all legal action in the event of a breach of this provision.