Terms of service
1) Scope of Application
These General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and business customers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. A business customer is a natural or legal person acting in the exercise of their commercial or independent professional activity.
2) Contracting Party / Contact
Kasernenstrasse 37
3013 Bern
Switzerland
E-mail: [email protected]
Phone: available upon request
3) Offer & Conclusion of Contract
The presentation of products in the shop does not constitute a legally binding offer, but an invitation to place an order.
By clicking the button “Buy / place order with obligation to pay”, you submit a binding offer. The contract is concluded once we confirm the order by e-mail or dispatch the goods.
We reserve the right to refuse orders for legitimate reasons (e.g. suspicion of misuse or fraud, delivery not possible).
4) Prices, Shipping Costs, Customs Duties
The prices valid at the time of order apply. Shipping costs are displayed during checkout.
For deliveries to countries outside the destination country, customs duties, import charges or taxes may apply. These costs are borne by the customer.
5) Payment
The available payment methods are displayed in the shop (e.g. credit card, Klarna, TWINT, PayPal, Apple Pay / Google Pay – depending on availability). Payment processing may be carried out via payment service providers.
6) Delivery & Transfer of Risk (EU-compliant)
We deliver to the delivery address specified by you. Delivery times are indicative unless expressly agreed as binding.
For consumers: The risk of loss or damage passes to the customer only when the goods are handed over to the customer or to a person authorised by the customer to receive them.
For business customers: The risk passes to the business customer upon handover to the transport service provider.
7) Retention of Title
The goods remain our property until full payment has been received.
8) Withdrawal / Returns
For consumers, our right of withdrawal applies in accordance with the withdrawal policy on the corresponding page:
https://www.lumeaoptics.ch/policies/refund-policy
In short: 14 days, return to Kasernenstrasse 37, 3013 Bern, return shipping costs are borne by the customer, refund after inspection.
Note: For personalised products, the right of withdrawal may be excluded if the goods are manufactured according to customer specifications (details are set out in the withdrawal policy).
9) Condition of Returned Goods (Exclusions)
A refund or acceptance may be refused if the goods are:
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worn or used,
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damaged, or
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if original packaging or accessories are missing to a significant extent,
provided that the loss of value is not due to handling necessary to examine the goods as would be possible in a retail store.
10) Warranty / Defects
The statutory warranty rights apply.
For consumers in the EU, a minimum statutory warranty period of 2 years from delivery applies (mandatory country-specific provisions remain unaffected).
In the event of justified defects, we will provide repair or replacement in accordance with the law, and if this is not possible, price reduction or withdrawal from the contract.
11) Liability
We are liable without limitation in cases of intent or gross negligence, as well as for injury to life, body or health.
In cases of slight negligence, we are only liable for breaches of essential contractual obligations (cardinal obligations) and limited to the foreseeable, typical damage.
Any further liability is excluded to the extent permitted by law.
12) Vouchers / Promotions
Promotional vouchers are redeemable only within the specified period and in accordance with the stated conditions. Cash payment is excluded. Restrictions per order may apply if indicated in the shop.
Gift vouchers are transferable and cannot be redeemed for cash.
13) Governing Law & Jurisdiction
Swiss law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection provisions of the law of their country of habitual residence.
The place of jurisdiction for business customers is Bern, Switzerland.
14) Changes to the GTC
We may amend these GTC if required for valid reasons (e.g. changes in law). The version valid at the time of the order shall apply.