General Terms and Conditions

1. scope of application

The following General Terms and Conditions (GTC) apply to all orders placed via our website. The offer on this website is aimed exclusively at consumers domiciled in Switzerland (hereinafter "customer").
A consumer is a natural person who maintains a business relationship with Luya Foods AG that cannot be attributed to their commercial or independent professional activity. Orders in quantities not customary for households may be rejected without justification.
Luya Foods AG reserves the right to amend these GTC at any time. The version of these GTCs valid at the time of the order shall apply, which cannot be unilaterally amended for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC are not recognised.
The operator of this website is Luya Foods AG.

2. information on this website

The website of Luya Foods AG ( hereinafter referred to as "Luya" ) contains information about products and services. Prices, product ranges and technical specifications are subject to change without notice. All information on www.luya.bio (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are for illustrative purposes and are to be understood as approximate values and are non-binding. In particular, they do not constitute an assurance of properties or guarantees, unless explicitly stated otherwise. Luya endeavours to ensure that all data and information on this website is correct, complete, up-to-date and clear, but Luya neither expressly nor tacitly guarantee this.

All offers on this website are subject to change and are not to be understood as binding offers.

Luya cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information on availability and delivery times is subject to change at any time and without notice.

3. prices

The sales prices quoted by Luya are final prices and, unless otherwise stated, include statutory VAT and any other statutory charges such as advance recycling fees (VRG) or copyright levies for electronic devices. The prices are quoted net in Swiss francs (CHF).

Unless otherwise agreed, any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the order process.

Luya reserves the right to make technical changes, errors and misprints; in particular, Luya may change prices at any time and without prior notice. Consultancy and support services are not included in the sales prices.

4. conclusion of contract

The products and prices on this website are non-binding offers.

By placing an order via this website, including acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. Luya will then send an automatic order receipt confirmation by email, which confirms that the customer's offer has been accepted by Luya has been received. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or cancellation.

The contract is concluded as soon as Luya a declaration of acceptance is sent by email confirming the dispatch of the ordered products or services.

Orders will only be delivered after full payment has been received (exception: delivery against invoice) and if the goods are available. If it transpires that the ordered goods cannot be delivered or cannot be delivered in full, Luya shall be entitled not to accept or only partially accept or fulfil the order. In such a case, Luya inform the customer by email. If the customer's payment has already been received by Luya the payment will be refunded to the customer. If no payment has yet been made, the customer shall be released from the obligation to pay.

5. payment options & retention of title

The customer has the payment options specified in the order process at his disposal.

Luya reserves the right to exclude customers from individual payment options without giving reasons or to insist on payment in advance.

Luya may charge default interest of 5% per year and a reminder fee of a maximum of CHF 20 per reminder if the customer is in default of payment.

The products delivered to the customer remain the property of Luya until full payment has been received.

6. delivery, obligation to inspect, notice of defects & returns

Deliveries are sent by post or courier service to the address specified by the customer in the order.

Luya endeavours to keep delivery times as short as possible. However, any delivery periods stated in the order confirmation are non-binding. Luya is authorised to make partial deliveries. In this case, the customer will only be charged the delivery costs once.

Where delivery against invoice is offered, the invoice will be sent by email or by post, at Luya's discretion.

If the delivery cannot be delivered or if the customer refuses to accept the delivery, Luya may cancel the contract after notifying the customer by email and allowing a reasonable period of grace, and may charge the customer for the costs incurred.

The customer is obliged to inspect the delivered goods immediately upon receipt and to report any defects for which Luya provides a warranty immediately in writing by letter or email to the address in the Imprint to make an advert.

Returns to Luya are made at the customer's expense and risk. The customer must return the goods in their original packaging, complete with all accessories, together with the delivery note and a detailed description of the defects to the return address specified by Luya. Imprint to send.

If Luya's inspection reveals that the goods have no identifiable defects or that they are not covered by the manufacturer's warranty, Luya may charge the customer for the labour involved, the return shipment or any disposal.

7. right of cancellation

The customer is granted a right of cancellation for 10 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written cancellation by email or letter (address as per Imprint) to the Luya within the deadline. The cancellation does not require any justification.

Exercising the right of cancellation results in the contract being rescinded. The customer must return the goods within 10 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address specified by Luya in the Imprint return the goods. Returns to Luya are made at the customer's expense and risk. Any payment already made will be refunded to the customer within 20 calendar days, provided that Luya has already received the goods back or the customer can provide proof of dispatch.

Luya reserves the right to demand reasonable compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer for it.

No right of cancellation is granted in the following cases:

1. i. If the contract has a random element, namely because the price is subject to fluctuations over which the provider has no influence;
2. ii. If the subject of the contract is a movable item which, due to its nature, is not suitable for return or can spoil quickly (e.g. chilled food);
3. iii. If the subject of the contract is a movable item that is manufactured according to the customer's specifications or is clearly customised to personal requirements;
4. iv. If the contract relates to digital content and this content is not provided on a fixed data carrier or if the contract is to be fulfilled in full by both contracting parties immediately;
5. v. If the contract relates to a service and the contract is to be fulfilled in full by the provider with the prior express consent of the customer before the cancellation period has expired.
6. vi. In the areas of accommodation, transport, delivery of food and drink and leisure activities, if the provider undertakes to provide the services at a specific time or within a precisely specified period when the contract is concluded.

8. warranty

Luya endeavours to deliver goods of perfect quality. In the event of defects notified in good time, Luya shall guarantee that the item purchased by the customer is free of defects and functional for the statutory warranty period, which is generally two years from the date of delivery. It is at Luya's discretion to fulfil the warranty by repairing the item free of charge, replacing it with an equivalent item or refunding the purchase price. Further warranty rights are excluded.

The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties or defects attributable to external circumstances. The warranty for consumables and wearing parts (e.g. batteries, accumulators, etc.) is also excluded. Luya is unable to provide any assurances or guarantees that the data is up-to-date, complete and correct or that the website, its functionalities, integrated hyperlinks and other content will be available at all times or without interruption. In particular, no assurance or guarantee is given that the use of the website will not infringe the rights of third parties not owned by Luya.

9. liability

Luya excludes all liability, irrespective of its legal basis, as well as claims for damages against Luya and against any auxiliary persons and vicarious agents. In particular, Luya is not liable for indirect damage and consequential damage, loss of profit or other personal injury, damage to property or pure financial loss suffered by the customer. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved. Luya only uses hyperlinks to simplify the customer's access to other websites. Luya cannot know the content of these websites in detail, nor can it accept any liability or other responsibility for the content of these websites.

10. data protection

Luya may process and use the data collected during the conclusion of the contract to fulfil the obligations arising from the purchase contract and for marketing purposes. The data required to fulfil the service may also be passed on to contracted service partners (logistics partners) or other third parties.

The data protection provisions are available in detail at the following link: Data protection

11. divisibility

Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

12 Further provisions

Luya expressly reserves the right to amend these GTC at any time and to bring them into force without notice.

In the event of disputes exclusively substantive Swiss law to the exclusion of conflict of laws standards. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction is Bern, Switzerland.

13. contact

If you have any questions about these GTC, please contact: Imprint

These GTC were originally written in German. The translation of the German text into French and English is purely for the information of our French and English-speaking customers. In the event of questions of interpretation, the German version shall generally prevail.