1. Scope of application
1.1 These terms and conditions of Lunetta AG (hereinafter referred to as the “Seller”) apply to all contracts that a consumer or a company (hereinafter referred to as the “Customer”) concludes with Lunetta AG (hereinafter referred to as the “Seller”) with regard to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A customer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity. A company within the meaning of these General Terms and Conditions of Business is any natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
2. Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. In doing so, after entering his personal data by clicking the final button, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping basket.
2.3 The Seller may accept the Customer’s offer within five days by
– sending the customer a written order confirmation, in which case the receipt of the order confirmation by the customer is decisive, or
– delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
– requests payment from the customer after the customer’s order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 Die Frist zur Annahme des Angebots beginnt am Tag nach der Absendung des Angebots durch den Kunden zu laufen und endet mit dem Ablauf des fünften Tages, welcher auf die Absendung des Angebots folgt.
2.5 When an order is placed via the seller’s online order form, the GTCs are accepted and the text of the contract is stored by the seller. As a result, the customer receives an order confirmation. In addition, the text of the contract is archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller’s online shop before submitting his order.
2.6 Before the binding submission of the order via the Seller’s online order form, the Customer may continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German, English, French and Italian languages are available for the conclusion of the contract.
2.8 Order processing and contact shall take place by e-mail or telephone. The customer must ensure that the data provided by him/her for order processing is complete and true. For order processing by e-mail, the customer must ensure that e-mails sent by the seller can be received at the address provided. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Return policy
3.1 A general return policy of 10 days applies to all products including original packaging. If the product shows damage upon return, the seller may refuse the return and the full price of the order will be due.
4. Stock-keeping
4.1 All products in the Seller’s online shop are non-binding and do not oblige the Seller to stock or deliver the listed products.
5. Ownership
5.1 The goods remain the property of Lunetta AG until the invoice has been paid in full.
6. Prices and terms of payment
6.1 The Seller reserves the right to change its prices at any time. In any case, the prices charged for the products delivered shall be those in force at the time of the order. They are indicated on the order confirmation sent to the customer.
6.2 Various payment options are available to the Customer, which are indicated in the Seller’s online shop.
6.3 Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s powerpay.ch/en/agb.
6.4 If the payment method “PayPal” is selected, the payment shall be processed via the payment service provider PayPal (Europe) S. à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.
7. Disclosure of personal data
7.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. The seller may process and use the data recorded in the course of the conclusion of the contract for the fulfilment of the obligations arising from the purchase contract as well as for marketing purposes.
8. Applicable law and place of jurisdiction
8.1 Contracts to which these General Terms and Conditions apply are governed by Swiss law.
8.2 The place of jurisdiction is Reiden AG (Switzerland). The seller is also entitled to sue customers at their place of residence or at any other competent court.
9. Changes to the General Terms and Conditions GTC
9.1 These general terms and conditions may be amended by the Seller at any time.
9.2 It is the responsibility of the buyer to regularly inform himself about the content and any changes to these general terms and conditions.
Reiden, 16.12.2020