Terms and Conditions of Luya Foods AG
The following Terms and Conditions (T&Cs) apply to all orders placed via our website. The offer on this website is directed exclusively at consumers domiciled in Switzerland (hereinafter referred to as the “Customer”).
A consumer is defined as a natural person who maintains business relations with Luya Foods AG that cannot be attributed to his or her commercial or independent professional activity. Orders for quantities that are not customary for a household may be rejected without justification.
Luya Foods AG reserves the right to change these T&Cs at any time. The version of these T&Cs in force at the time of the order is applicable and cannot be unilaterally changed for that order. Any terms and conditions on the side of the Customer that conflict with or deviate from these T&Cs will not be recognised.
The operator of this website is Luya Foods AG.
2. Information on this website
The website of Luya Foods AG (hereinafter “Luya”) contains information about products and services. We reserve the right to make changes to prices and the product range as well as technical changes. All information on www.luya.bio (product descriptions, images, illustrations, videos, dimensions, weights, technical specifications, accessory relationships, and other information) is for illustrative purposes and is to be understood as approximate values and is not binding. Specifically, they do not represent any assurance of properties or guarantees, unless it is expressly stated otherwise. Luya makes every effort to ensure that all details and information on this website is correct, complete, up-to-date, and clearly presented, but Luya cannot give any express or implied warranty in this respect.
All offers on this website are subject to change and are not to be understood as a binding offer.
Luya cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information regarding availability and delivery times is without guarantee and subject to change at any time without notice.
The selling prices listed by Luya are the final prices and include, unless otherwise stipulated, the VAT and any other statutory levies such as the advance recycling fee (VRG) or copyright levies in the case of electronic equipment. All prices are to be understood as net prices in Swiss francs (CHF).
Any delivery costs will be charged additionally, unless otherwise provided for, and are to be paid by the Customer. Delivery costs are displayed separately during the ordering process.
Luya reserves the right to make technical changes and is not responsible for errors and misprints. In particular, Luya may change prices at any time without prior notice. Consultancy and support services are not included in the selling prices.
4. Entering into a contract
The products and prices on this website are non-binding offers.
By placing an order via this website including the acceptance of these T&Cs, the Customer makes a legally binding offer to enter into a contract. Luya will then send an automatic order confirmation by email, which confirms that Luya has received the Customer’s offer. Orders placed are binding for the Customer. Unless otherwise stated, there is no right of return or cancellation.
The contract entered into as soon as Luya sends a confirmation 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 turns out that the ordered goods cannot be delivered or cannot be delivered in full, Luya is entitled not to accept or only partially accept or execute the order. In such a case Luya will inform the Customer by email. If Luya has already received payment from the Customer, the payment will be refunded to the Customer. If no payment has yet been made, the Customer will be released from the obligation to pay.
5. Payment options and retention of title
The Customer can choose from the payment options specified during the ordering process.
Luya reserves the right to deny Customers certain payment options or to insist on pre-payment without giving reasons.
In the event of payment arrears on the part of the Customer, Luya may charge interest on arrears at a rate of 5% per annum and a dunning fee of a maximum of CHF 20 per reminder.
The Products delivered to the Customer remain the property of Luya until payment has been made in full.
6. Delivery, obligation to inspect, notification of defects and return
Deliveries will be sent by post or courier service to the address indicated 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 entitled to make partial deliveries. In this case, the shipping costs will only be charged to the Customer once.
The invoice, provided that delivery against invoice is offered, shall be sent at Luya’s discretion by email or by post.
In the event that the shipment cannot be delivered or the Customer refuses to accept the delivery, Luya may cancel the contract after notifying the Customer by email and granting a reasonable grace period. Luya shall also be entitled to charge the Customer for any costs incurred in the course of the delivery.
The Customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to notify Luya immediately of any defects for which Luya provides a warranty in writing by letter or email to the address in the imprint.
Returns to Luya are at the expense and risk of the Customer. The Customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address specified on the Luya Imprint page.
If the inspection carried out by Luya establishes that the goods have no detectable defects or that the goods are not covered by a manufacturer’s warranty, Luya may charge the Customer for the costs of the return or any disposal of the goods.
7. Right of withdrawal
The Customer is granted a right of withdrawal for 10 calendar days after receipt of the goods. The deadline is considered to have been met provided the Customer sends the written withdrawal from the contract to Luya by email or letter (address according to imprint) within the deadline. The withdrawal does not require any justification.
Exercising the right to withdraw leads to a reversal of the contract. 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 given by Luya in the imprint. Returns to Luya are at the expense and risk of the Customer. 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 claim 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 send the Customer an invoice for such compensation.
No right of withdrawal is granted in the following cases:
- (i) If the contract has an element of chance, namely because the price is subject to fluctuations over which the supplier has no control;
- (ii) If the goods to which the contract relates are movable goods which, by virtue of their nature, are unsuitable for return or may spoil quickly (e.g. refrigerated food);
- (iii) If the goods to which the contract relates are movable goods which are manufactured according to the Customer’s specifications or clearly tailored to personal needs;
- (iv) If the goods to which the contract relates are digital content and such content is not provided on a fixed data carrier or if the contract is to be executed in full by both contracting parties immediately;
- (v) If the contract is for a service and the contract is to be performed in full by the supplier with the Customer’s prior express consent before the withdrawal period has expired.
- (vi) If the contract pertains to accommodation, transport, food and beverage delivery or recreational activities and the supplier undertakes, at the time the contract being entered into, to provide the services at a specific time or within a precisely specified period.
Luya strives to deliver goods in perfect quality. In the event of defects notified in good time, Luya warrants that the goods purchased by the Customer are free of defects and function properly during the statutory warranty period of generally two years from the date of delivery. The warranty may, at Luya’s discretion, be honoured by way of repair free of charge, replacement of equivalent value or refund of the purchase price. Any further warranty rights are excluded.
The warranty does not cover normal wear and tear, the consequences of improper handling, damage caused by the Customer or third parties or defects caused by external circumstances. The warranty also does not cover consumable and wear parts (e.g., batteries, rechargeable batteries, etc.).
As far as the website is concerned, Luya is not able to provide any assurances or guarantees for the up-to-datedness, completeness, and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks, and further content. In particular, Luya does not represent or warrant that the use of the Website will not infringe any rights of third parties not owned by Luya.
Luya does not accept any liability, on whatever legal basis, and does not accept any claims for damages against Luya or against any auxiliary persons or agents. In particular, Luya is not liable for indirect damages and consequential damages, loss of profit or other personal injury, damage to property and pure financial loss caused to the Customer. This is subject to further mandatory legal liability, such as for gross negligence or unlawful intent.
Luya uses hyperlinks only to provide the Customer with simplified access to other web offers. Luya can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of such websites.
10. Data protection
Luya 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 and for marketing purposes. The data necessary required for the provision of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.
11. Partial invalidity
Should individual provisions of these T&Cs 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 T&Cs and to put them into effect at any time without notice.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. 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.
If you have any questions about these terms and conditions, please contact: Imprint
These T&Cs 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. As a rule, the German version remains the authoritative version regarding questions of interpretation.