General Terms & Conditions of Business (GT&C)
1 General and scope of application of the GT&C
These General Terms & Conditions of Business (GT&C) govern the relationships between LucEnzo AG and the clients of the webshop (hereinafter the Shop) at www.lucenzo.ch and apply to all orders of goods via the shop at www.lucenzo.ch. By submitting an online order, the user accepts these GT&C. They are an integral component of any agreement concluded between LucEnzo AG and a client. The applicable GT&C are those available on the shop homepage at the time of the order. The GT&C may be modified at any time. Any ancillary agreements and guarantees beyond these stated provisions must be in writing in order to be valid. The client may also view the individual provisions in the shop at www.lucenzo.ch at any time.
2 Prices and goods
The presentation of goods at www.lucenzo.ch does not represent a legally-binding contractual offer, but rather a non-binding encouragement to the client to order goods. Any information about goods and prices in the shop at www.lucenzo.ch are non-binding and subject to change. The prices are stated in Swiss francs and exclude shipping, packaging and VAT.
3 Binding client orders and the establishment of an agreement
An online order made by the client via the shop at www.lucenzo.ch represents the submission of a binding offer. After submitting the order the client may no longer modify it. The client’s order proceeds according to the following steps:
- Selection of the desired product from the configuration options
- Quantity selection
- Confirmation by clicking the «In your basket» button
- Continue by clicking the «My basket» button
- Selection of payment method and verification of products in basket
- Clicking the «Next» button
- Registration and entry of address information
- Repeated verification and/or correction of the entered information via «back»
- Clicking the «Create account now» button
- Continue with «Log in»
- Log in again
- Repeated verification of address and acceptance of GT&C
- Click the «Checkout» button
- Order at a glance
- The client may return «Back to my basket» at any time prior to the binding submission of the order in order to correct information and/or to cancel the order process by closing the browser.
- Binding submission of the order by clicking the «Submit binding order» button.
- LucEnzo AG will confirm receipt via an automatically-generated e-mail sent to the client. Only this e-mail represents the conclusion of an agreement and entitles the client to claims for delivery of the goods. The agreement text will be stored and the client will receive the order information via e-mail. If the goods ordered by the client are not available in the desired quantity or at the price stated in the shop at www.lucenzo.ch, the client will be informed of this during the order process. The agreement will be between the client and LucEnzo AG, Industriestrasse 148, 9015 St. Gallen.
- LucEnzo AG will confirm receipt via an automatically-generated e-mail sent to the client. Only this e-mail represents the conclusion of an agreement and entitles the client to claims for delivery of the goods. The agreement text will be stored and the client will receive the order information via e-mail. If the goods ordered by the client are not available in the desired quantity or at the price stated in the shop at www.lucenzo.ch, the client will be informed of this during the order process. The agreement will be between the client and LucEnzo AG, Industriestrasse 148, 9015 St. Gallen.
4 Registration and data security
To submit an order the client must register with the shop at www.lucenzo.ch. The client is obliged to provide true and complete information during the order. Only individuals who have reached the age of 18 may submit orders. The personal password selected during client registration must be kept secret and may not be provided to any third parties. The client is responsible for all actions carried out on the website using this password, even those of which he or she is unaware. Order-related and other correspondence from LucEnzo AG will be sent electronically. The personal client information will be handled confidentially and not forwarded to third parties. Specific reference is made to the security risks relating to the transfer of data via e-mail for which LucEnzo AG is not responsible such as the transmission of viruses, data damage, data loss or access by third parties. By submitting an order, the client authorises LucEnzo AG to transmit documents and other data, even in unencrypted e-mails. The client may decline to receive marketing messages relating to LucEnzo AG at any time by sending an e-mail to info@lucenzo.ch. No liability is accepted for the security of data transmitted via the Internet. Data is transmitted in unencrypted form.
5 Payment
Payment must be made in Swiss francs.
The client may use one of the following methods:
- Bill
Invoice For payable purchases by invoice, the client is required to settle the invoice amount within 30 (thirty) calendar days following receipt of the delivery without any (discount) deduction. - Prepayment
The client will receive an order number, bank information and IBAN in the order confirmation e-mail. The payment period is 7 (seven) working days. If payment is not made within this period, the agreement will lapse.
6 Delivery and delivery conditions
Delivery of the ordered goods is at the client’s expense and via Swiss Post within a maximum of 5 (five) working days. Shipping and packaging costs total CHF 15.00 excl. VAT. Unless clearly stated differently in the product overview (configuration options), all items offered in the shop are available for immediate dispatch. The projected delivery periods are only guide values. In the period leading up to holidays (e.g. Easter or Christmas), longer delivery periods must be expected. LucEnzo AG will accept no liability in the event of the undeliverability or delayed delivery of goods following incorrect provision of the delivery address by the client or the absence of the recipient. LucEnzo AG is not liable for non-culpable delays of delivery, e.g. due to force majeure, traffic congestion, inclement weather etc., and said circumstances shall not entitle the client to withdraw from the purchase agreement nor to claim for damage compensation. LucEnzo AG will accept no liability for transport damage and damage resulting from improper storage of the goods after acceptance by the client.
7 Inspection of goods and claims for defects
The client is obliged to inspect the goods for completeness and proper condition immediately upon receipt. Any claims for defects regarding quality and completeness must be immediately notified to LucEnzo AG, at the latest within 2 (two) working days from receipt, otherwise the delivery will be considered accepted as free of defects. In the event of any suspicion of transport damage, the client is obliged to immediately notify any defects via e-mail to info@lucenzo.ch. LucEnzo AG will accept no liability for transport damage and damage resulting from improper storage of the goods after acceptance by the client.
8 Right of cancellation/return
During the 10 (ten) working days following delivery, the client may cancel an agreement concluded via the shop at www.lucenzo.ch without stating reasons. The deadline is met so long as the client declares this cancellation in writing or via e-mail and returns the product within this period (postmark date). The goods must be returned at the client’s expense to: LucEnzo AG, Industriestrasse 148, 9015 St. Gallen. The right of cancellation may only be exercised with legal effect if the goods are returned unused, undamaged, complete and in their unopened original packaging. Upon receipt of the goods in the condition described above, LucEnzo AG will reimburse the client for the value of the goods. Any shipping costs incurred cannot be reimbursed.
9 Warranty and liability
LucEnzo AG guarantees that the products delivered have been stored properly, are in their original packaging, bear valid expiry dates and are free of material or production defects. In the event of the delivery of any defective products, LucEnzo AG will offer a replacement delivery or provide a corresponding credit note to the client by agreement unless the client has failed to properly report the defect in accordance with the provisions above. Any warranty is excluded for damage resulting from normal wear, improper or violent handling or use, excessive operation, accidents or force majeure. Additional warranties are also excluded, in particular for properties and effects of the products and additional warranty claims (in particular reduction or withdrawal) or any liability on the part of LucEnzo AG to the purchaser for direct or indirect damage, regardless of their legal bases (in particular direct or indirect defects or consequential damage from defects, claims by third parties and compensation for lost profits). Any further product liability and warranty claims or repairs of health products must be addressed to the manufacturer of the product in question. For any such claims to be submitted the original bill must be kept by the client. After 24 (twenty-four) months from dispatch of the products, any warranty claims on the part of the client against LucEnzo AG will expire, even if defects had remained undetected until that point. LucEnzo AG shall not be obliged to make any replacement delivery if it is able to demonstrate that it is not responsible for the reported defect, i.e. for defective products or services from third parties or in the event of subsequent modification of the products by the client. Damage compensation claims on the basis of any errors in images or in the prices and texts are excluded.
10 Language of the agreement
German shall be the sole language of the agreement.
11 Place of jurisdiction and applicable law
All purchase agreements concluded between LucEnzo AG and the client, including the provisions above, are subject to Swiss law, the place of jurisdiction for all disputes arising from the agreement above for both parties shall be that of the offices of LucEnzo AG, Industriestrasse 148, 9015 St. Gallen, Canton of St. Gallen. GT&C version: 30.06.2020.