The rules that apply to every order placed on this website. They are drawn up under Swiss law and are addressed to private clients domiciled in Switzerland or in Liechtenstein.
1. Purpose and scope
These general terms and conditions govern the sale, by LUMÉA Sàrl (in formation), Chemin des Vendanges 17, 3960 Sierre, Switzerland (hereinafter “the seller”), of LED lighting profiles, their accessories and the corresponding samples, to clients acting in a private capacity (hereinafter “the client”).
They form an integral part of any contract concluded through this website and are deemed accepted at the moment the order is confirmed. Any diverging condition of the client is binding on the seller only if the seller has accepted it in writing. The seller may refuse an order, in particular where the quantity ordered exceeds private use or where the delivery falls outside the area served.
2. Products and technical information
The profiles are made of anodised 6063 aluminium and are supplied in 2500 mm lengths, in the heights and finishes indicated on each product page. The accessories — internal and external corners, end caps, connectors and covers — follow the finish of their profile family, with the exception of the groove cover, which is supplied transparent.
Photographs, renderings and colour charts shown online cannot reproduce exactly a metallic finish or the colour of a light. They are indicative. The client is invited to order a sample before placing any large order; a difference in appearance perceived on a screen does not constitute a defect within the meaning of clause 9.
3. Ordering and conclusion of the contract
The presentation of the products on the website does not constitute an offer in the legal sense, but an invitation to order. The contract is concluded only at the moment the seller confirms the order in writing, or at the latest when the seller dispatches the goods.
The client sends a request through the form on the website. The seller replies with a priced offer stating the items, the quantities, the total price and the shipping costs; the contract is concluded only when the client accepts that offer in writing. It is for the client to verify, at that moment, that the contact details and the delivery address are correct. Manifest errors of price or description appearing on the website are not binding on the seller, who informs the client without delay and offers either correction or cancellation free of charge.
4. Prices
All prices are expressed in Swiss francs (CHF). As the seller is not liable for value added tax, no VAT is added or charged: the price shown is the price due.
Shipping costs are added to the price of the items and are indicated separately in the offer. For an order of samples, shipping is CHF 5.— and is charged only once per order, whatever the number of samples. The seller reserves the right to change prices at any time; the applicable price is the one shown at the time of the order.
5. Samples
A sample consists of a 10 cm offcut of the chosen profile in the chosen finish. It is charged at CHF 9.— per piece, plus CHF 5.— shipping per order. The number of samples is limited to six per order.
The amount paid for samples is deducted from the first order of profiles placed by the client, in accordance with the terms communicated with the consignment. This deduction applies per client and may not be combined with any other discount; it gives rise to no cash refund if no order follows. Samples are not taken back.
6. Payment
Orders are currently concluded by exchange of emails: no payment is collected online. The terms of settlement — invoice or bank transfer — are agreed with the client when the order is confirmed. At no time does the seller have access to payment card data.
Unless otherwise agreed in writing, the order is payable in cash when it is confirmed. Where an invoice is issued, the amount is due within thirty days of the invoice date; after that period the client is in default without a reminder and default interest of 5% per annum is due, in accordance with the Swiss Code of Obligations.
7. Delivery and lead times
Deliveries are made within Switzerland and Liechtenstein exclusively, by Swiss Post, to the address indicated by the client.
Items held in stock in Switzerland are dispatched within 48 working hours. Items manufactured to order require 4 to 6 weeks. The applicable availability appears on the page of each product. These lead times are indications given in good faith and are not fixed dates for performance within the meaning of art. 108 no. 3 CO (Swiss Code of Obligations), unless otherwise agreed in writing.
A delay in delivery gives rise neither to damages nor to cancellation of the order, unless the seller has been given formal notice in writing and a reasonable additional period has elapsed without effect. Where an order comprises both available items and items manufactured to order, the seller agrees with the client on a single grouped consignment or on partial deliveries.
8. Transfer of risk and retention of title
Risk passes to the client when the goods are handed over to the carrier. The client is required to check the condition of the parcel on receipt and to have any transport damage recorded by the carrier, then to report it to the seller without delay, keeping the packaging.
The goods delivered remain the property of the seller until the price has been paid in full. The seller is entitled to request the entry of this retention of title in the competent register at the client's domicile, in accordance with art. 715 of the Swiss Civil Code; the client undertakes to cooperate in that entry.
9. Warranty for defects
The statutory warranty for defects provided by the Swiss Code of Obligations (art. 197 et seq. CO) applies. The client must inspect the goods on receipt and notify defects in writing as soon as they are discovered, failing which the goods are deemed accepted (art. 201 CO).
In the event of an established defect, the seller chooses between repair and replacement of the item. If neither of these measures is possible within a reasonable period, the client may request a reduction of the price or rescission of the sale. The limitation period is two years from delivery (art. 210 CO).
Excluded from the warranty are: normal wear and tear, damage resulting from installation not carried out in a workmanlike manner, from a badly executed cut, from the use of an unsuitable power supply or of an electrical connection made in breach of the requirements applicable in Switzerland, as well as modifications made to the product by the client or by a third party.
10. Returns as a goodwill gesture
Swiss law provides for no general right of withdrawal in favour of the online buyer. The client is expressly informed of this: a confirmed order is binding.
As a goodwill gesture and without being obliged to do so, the seller accepts the return of standard items that are uninstalled, complete, undamaged and in their original packaging, announced in writing within 14 days of receipt. Excluded from this arrangement are items that have been cut, installed, manufactured to order or produced in an uncommon finish, as well as samples.
The return is made at the client's expense and risk, after written agreement from the seller. The price of the items taken back is refunded by the original means of payment; the initial shipping costs are not refunded. This goodwill gesture in no way restricts the rights arising from the warranty for defects.
11. Liability
The seller is liable for damage caused intentionally or by gross negligence, and for personal injury, to the full extent provided by law. Any further liability is excluded within the limits permitted by art. 100 CO, in particular for indirect damage, loss of business and the costs of a third party called in to intervene.
The seller is not liable for the consequences of installation carried out by the client or by a person instructed by the client. Connection to the electricity network must be entrusted to a person authorised under Swiss law.
12. Data protection
The personal data communicated when an order is placed is processed in accordance with our data protection policy, which forms an integral part of these conditions and sets out the categories of data, the purposes pursued, the processors engaged and your rights under the Federal Act on Data Protection.
13. Amendment of the conditions
The seller may amend these conditions at any time. The version applicable to an order is the one published on the website at the time the order is confirmed; it is dated at the head of the page. Should a provision be or become invalid, the validity of the other provisions is not affected, and the invalid provision is replaced by the one that comes closest to the intended economic purpose.
14. Applicable law and place of jurisdiction
These conditions and any contract arising from them are governed by Swiss law, to the exclusion of the conflict-of-law rules and of the United Nations Convention on Contracts for the International Sale of Goods.
The place of jurisdiction is Sierre (Valais), the registered office of the seller. The mandatory places of jurisdiction provided by law, in particular those from which the consumer benefits under the Swiss Civil Procedure Code, remain reserved.
