Terms & Conditions
1. Scope of application
The present General Terms and Conditions of Sale (GTCS) of Luna by Luna SA, Av. de la Concorde 8, 1022 Chavannes-Près-Renens (Switzerland), apply to the purchase of all items referenced in the assortments registered under the brand name LUNA® and offered for sale online at www.urneluna.com (hereinafter referred to as Online-Shop). Any General Terms and Conditions of Business of the contracting party do not apply. Luna by Luna SA reserves the right to modify the GTC at any time. The version accepted by the purchaser at the time the order is placed shall always prevail. For all online transactions, acceptance of the GTCS is separately required and confers contractual value.
2. Buy online
The conclusion of a sales contract presupposes that the delivery address is in Switzerland or in a member state of the European Union. Any order placed by a minor or a person under guardianship requires the prior consent of his/her legal representative.
The presentation of products on the Online-Shop has no contractual value; it is a non-binding online catalog that invites customers to order the product and/or service on the Online-Shop, without implying any obligation to purchase. The information presented on the Online-Shop is constantly updated, with the aim of offering products and services in a clear and up-to-date manner. Luna by Luna SA accepts no liability for printing errors or for the topicality, accuracy and completeness of the information provided. All information provided on www.urneluna.com are therefore non-binding and should not be construed as a warranty of any kind.
An order placed via the Online-Shop constitutes an offer to purchase for the conclusion of a contract. Once the order has been placed, the customer automatically receives an order confirmation confirming receipt of the order in the Online-Shop. The order confirmation does not yet constitute acceptance of the offer to purchase, but only serves to inform the customer that the order has been successfully received in the Online-Shop. Once the order confirmation has been received, the customer may no longer modify the order and is contractually bound.
A purchase contract is concluded when the Online-Shop accepts the offer to purchase from the other party and receives the amount corresponding to the price of the article and the costs. The ordered product is then sent to the customer or made available for collection at the agreed collection point.
The Online-Shop is entitled, without having to give reasons, to refuse orders in whole or in part. In such cases, the customer will be informed and any payments already made will be refunded. All other claims are excluded. Products temporarily unavailable cannot be reserved.
3. Awards
Prices are in Swiss francs, including value-added tax (VAT). Shipping and delivery costs are listed and invoiced separately. If several persons sign the order as purchasers, they are jointly and severally liable.
Luna by Luna SA reserves the right to change prices at any time. The applicable price is the one published at the time of the order. Price changes made after the order has been placed will not be taken into account.
4. Terms of payment
Goods can be purchased directly against payment by credit card (Visa, MasterCard, American Express, Diners Club) Paycard or invoice. Luna by Luna SA is entitled, without justification, to refuse certain means of payment in general or for specific customers. Luna by Luna SA is entitled to levy surcharges on certain means of payment. Luna by Luna SA reserves the right to investigate the creditworthiness of customers and may pass on customer data to third parties for this purpose.
5. Controls
If an item is no longer available after the order has been confirmed, the order will be cancelled. No further claims on the part of the customer will be considered. The delivery or collection date specified in the offer or in the confirmation of receipt of the order is purely indicative and has no contractual value.
6. Special controls
A distinction is made between standard warehouse items and special orders. A special order is when an article can be ordered in different versions which, because they do not exist in stock, have to be made especially for the purchaser. For special orders, Luna by Luna SA always requires a deposit of at least 1/2 of the purchase price. The order is not placed with the supplier until payment has been received. Special orders cannot be cancelled.
7. Reservation of ownership
Until the invoice amount has been paid in full, the items ordered remain the property of Luna by Luna SA, which is entitled to request that they be entered, at the purchaser's expense, in the register of retention of title. The purchaser is obliged to inform Luna by Luna SA immediately of any change of address.
8. Method of delivery
8.1 Sending parcels
Items deliverable by DHL are sent to any delivery address in Switzerland and the European Union. For each shipment, a surcharge will be invoiced as a contribution to shipping costs based on the current rate. In the case of bulky parcels, an additional charge will be billed for each item to be delivered, based on a special rate.
Deliveries are made by DHL. For orders shipped outside Switzerland, the customer will be responsible for the direct payment to DHL of all taxes, customs duties, VAT and other charges payable by the authorities of his country of residence.
As a general rule, Luna by Luna SA accepts no liability for delays in delivery during transport.
8.2 Collection from an external collection point
Items ordered must be collected by the purchaser from the agreed collection point within the agreed time. If the goods are not collected within the agreed period, they will be returned to Luna by Luna SA at the customer's expense and a surcharge of CHF 5.00 per day will be invoiced as a contribution to the storage costs of the goods. If goods are not collected within 12 months of dispatch, they will be disposed of by Luna by Luna SA without notice.
9. Delivery date
Items ordered are usually delivered within 20 working days of receipt of the order, unless another delivery time is indicated on the order. The buyer will be notified if an item is temporarily unavailable. The buyer is informed that delays in delivery do not entitle him to refuse the goods ordered, to cancel the contract, to claim damages or to demand reimbursement of the purchase price.
10. Warranty and right of withdrawal
10.1 Warranty
For manufacturing and material defects, Luna by Luna SA grants a warranty of two years from receipt/delivery of the goods, unless otherwise agreed in writing. The warranty does not limit the statutory warranty period.
The customer is obliged to check the condition of the delivered items without delay, to exclude obvious material and/or manufacturing defects, as well as transport damage. Complaints must be made within 8 days of receipt/delivery of the goods. Hidden defects must be reported immediately upon discovery.
Damage due to wear and tear, ageing or inappropriate use is excluded from the warranty. The warranty expires if, despite a recognizable defect, the item is modified, transformed or altered in any way by the purchaser.
The customer is informed that the decision as to how to remedy the defect rests with Luna by Luna SA, which undertakes to remedy any defect covered by the warranty free of charge or, if it considers it preferable, to replace the goods with a product having the promised qualities. In addition, Luna by Luna SA may assert a right of redhibition. All other claims are excluded.
Insofar as a warranty service is provided by Luna By Luna SA, the manufacturer or a warranty or service organization, a 12-month warranty applies to repaired parts or the replaced product; insofar as the original warranty period is longer, the latter applies. These warranty periods are neither interrupted by such warranty services nor restarted. If a product is repaired after the expiry of a standard warranty period, the warranty period is also extended by 12 months for repaired parts from the date of repair.
10.2 Right of return
All new, unused standard depot items may be returned within 30 working days in their original packaging. Used items and items not in their original packaging cannot be exchanged. The customer is responsible for organizing the return shipment, at his own expense.
11. Liability and exclusion of liability
Liability is governed by the applicable legal provisions. However, Luna by Luna SA accepts no liability for slight negligence, indirect, incidental or consequential damages, loss of profit or loss of earnings resulting from use, defects or malfunctions.
Unless otherwise specified in writing, the articles are intended for private use only. No liability is accepted for commercial use.
12. Data protection
Registration on www.urneluna.com allows you to create a customer profile. Purchase data may be used in this context. The customer data collected may be used for marketing and advertising purposes, as well as for statistical purposes (e.g. market research).
All personal data will be treated as confidential. The information required to manage the order will be subject to computer processing and may be communicated to partner companies as part of order management.
13. Applicable law, place of jurisdiction
All contracts concluded within the scope of these GTC are subject to Swiss law, to the exclusion of conflict-of-laws rules and the Vienna Convention on the International Sale of Goods.
The place of jurisdiction is the registered office of Luna by Luna SA.