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Luce Di Leda GmbH, Zürich, Schweiz
mail@lucedileda.com
Terms of service
Last Updated: 1 September 2023
GENERAL TERMS AND CONDITIONS - GTC
1. Scope of Application
These General Terms and Conditions (hereinafter “GTC”) apply to all legal transactions concluded via the LUCE DI LEDA GMBH online shop.
The General Terms and Conditions also apply to all legal transactions concluded under the LUCE DI LEDA GMBH dealer programme (hereinafter “Dealer Programme”). In the Dealer Programme, selected independent third-party providers (hereinafter “Dealers”) may offer products and services in their own name and sell them directly to customers via the LUCE DI LEDA GMBH online shops.
LUCE DI LEDA GMBH reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall apply, and such version may not be unilaterally amended for that order. Any terms of the customer that conflict with or deviate from these GTC shall not be recognised.
The offer is valid as long as the product is locatable via the search function in the online shop and/or stock is available.
For all product orders requiring a minimum age of 18 years, the customer confirms compliance with these statutory provisions by placing the order.
2. Information
Images of products in advertisements, brochures, the online shop, etc., are for illustration purposes only and are non-binding. The products are handmade and may vary in colour and shape.
All sale prices published in the online shop are final prices, including all taxes (in particular VAT), any advance recycling fees (ARF), packaging costs, delivery costs and any other charges, fees or costs. LUCE DI LEDA GMBH and the Dealers reserve the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order shall be decisive for the conclusion of the purchase contract.
If the customer orders from a Dealer based abroad who is not registered in the Swiss VAT register, the customer shall be liable as the importer for the Swiss import tax and any customs duties on the products delivered by the Dealer. The customer hereby authorises and instructs LUCE DI LEDA GMBH (or a third party appointed by LUCE DI LEDA GMBH) to make the import customs declaration for the products delivered by the Dealer in Switzerland on behalf of and for the account of the customer and to pay the Swiss import charges (import tax and any customs duties). The customer shall pay the expected Swiss import charges in advance to LUCE DI LEDA GMBH together with the purchase price. Any difference from the actual Swiss import charges incurred shall be refunded to the customer. LUCE DI LEDA GMBH shall provide the customer with a customs charge notice in a suitable form or enable its electronic retrieval. The customer must raise any objections regarding the customs charge notice within seven (7) working days of receipt or availability for retrieval. After expiry of this period, the customer may no longer have recourse against LUCE DI LEDA GMBH for any defects in the customs charge notice.
Chargeable additional services ordered from LUCE DI LEDA GMBH, such as assembly, disposal, warranty extensions, insurance, etc., are offered by LUCE DI LEDA GMBH. Such additional services are listed separately in the shopping basket and on the invoice.
3. Provider / Your Contractual Partner
The provider of the online shop and your contractual partner is:
Luce di Leda GmbH
Kurfirstenstrasse 17
CH-8002 Zürich
Email: mail@lucedileda.com
represented by the managing director Marco Roffi
Enterprise Identification Number: CHE-457.552.380
4. Conclusion of Contract
The products and prices in the online shop constitute an offer. This offer is, however, always subject to the contract-dissolving condition of impossibility of delivery or erroneous price quotation.
The purchase contract for products or services from LUCE DI LEDA GMBH is concluded with LUCE DI LEDA GMBH as soon as the customer places their order in the online shop, in one of the branches, by telephone or by email (hereinafter “Purchase Contract”).
For products and services offered by a Dealer, the contract is concluded directly between the Dealer and the customer at the time the order is placed in the online shop, in one of the branches, by telephone or by email. LUCE DI LEDA GMBH merely facilitates these purchases. In this case, LUCE DI LEDA GMBH acts solely as an intermediary and service provider for the Dealer and does not itself become a contractual partner of the customer. For products and services offered by a Dealer based in Germany who is not registered in the Swiss VAT register, the purchase contract is concluded at the price stated in the online shop in euros. The customer must pay in Swiss francs.
Neither in the online shop nor on the invoice is it apparent to the customer who the provider or contractual party is for a purchase (i.e. LUCE DI LEDA GMBH or a Dealer).
5. Delivery Date
Upon order confirmation, the customer will be notified of a provisional delivery date or contact will be made with the customer to agree an individual delivery date. The stated delivery dates are, however, non-binding.
If LUCE DI LEDA GMBH or the Dealer falls into delivery delay, the customer (except in the case of special orders) shall be entitled, from the 30th calendar day after the originally announced delivery date, to withdraw from the contract. In this case, LUCE DI LEDA GMBH shall refund to the customer any amounts already paid in advance. No further claims against LUCE DI LEDA GMBH or the Dealer shall exist.
LUCE DI LEDA GMBH places great importance on displaying availability and delivery times in the online shop accurately and up to date. However, particularly due to production or delivery bottlenecks, delivery delays may occur both at LUCE DI LEDA GMBH itself and at Dealers. All information on availability and delivery times is therefore without guarantee and may change at any time.
We deliver to Germany, Austria, Switzerland, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, the United Kingdom, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czechia and Hungary.
Delivery time is 3 to 15 working days within Switzerland and 5 to 21 working days to all other countries listed. Any deviating delivery times for individual items are indicated separately in the online shop.
If disruptions in business operations for which we are not responsible, in particular strikes and lock-outs as well as cases of force majeure based on an unforeseeable and non-culpable event, prevent us from delivering your ordered goods within the stated delivery time, the delivery time shall be extended by the duration of the performance disruption caused by these circumstances. If such disruptions mean that we cannot deliver within one month of receipt or clearance of payment, you shall be entitled to withdraw from the contract. Other claims, in particular statutory rights of withdrawal that you already have within the one-month period, shall remain unaffected.
Products and services purchased by the customer from a Dealer may only be delivered to the customer by shipment.
The customer’s delivery address must be easily accessible by lorry. If this is not the case, the customer shall bear any additional costs.
If the customer does not accept the ordered products on the agreed or indicated delivery date, LUCE DI LEDA GMBH or the Dealer may dissolve (cancel) the contract and charge the customer for the delivery costs incurred and any loss in value.
If the customer does not collect products ordered for collection in a branch (branch collection) within 14 calendar days of readiness for collection in the branch, LUCE DI LEDA GMBH may dissolve (cancel) the contract.
6. Duty to Inspect
The customer must immediately inspect delivered or collected products for correctness, completeness and delivery damage.
In the case of deliveries by forwarding agent, any delivery damage must be noted on the delivery note.
Delivery damage, incorrect and incomplete deliveries must also be reported to LUCE DI LEDA GMBH for all products and services of a Dealer within 5 calendar days of the time of collection or delivery, respectively. The customer is aware that such notification must be made via the personal customer account in the online shop under the section “Returns, Repairs and Support”. Such a product must not be put into operation by the customer. It must be kept as received in the original packaging and the instructions of the guided return and returns process under “Returns, Repairs and Support” in the personal customer account must be followed.
7. Warranty
LUCE DI LEDA GMBH or the Dealer shall provide a warranty for freedom from defects and functionality of the ordered product for 2 years after delivery or branch collection. The warranty period shall continue to run irrespective of the provision of any warranty services. LUCE DI LEDA GMBH or the Dealer may provide the warranty at its discretion by
- free repair (original warranty period continues to run for the entire product);
- partial or full replacement with an equivalent used product (in the case of replacement in the 1st year of the warranty, the original warranty period continues to run; in the case of replacement in the 2nd year of the warranty, the warranty period is 1 year from the time of replacement);
- replacement with a new product by LUCE DI LEDA GMBH (new warranty period of 2 years from replacement);
- credit at the current price (maximum the sale price at the time of the order); or
- reduction.
Wear parts are excluded from the warranty both by LUCE DI LEDA GMBH and by the Dealer. In all other respects, the liability exclusions pursuant to clause 8 shall apply.
If the manufacturer’s warranty exceeds the warranty of LUCE DI LEDA GMBH or the Dealer, LUCE DI LEDA GMBH or the Dealer shall also grant this to the customer.
Both LUCE DI LEDA GMBH and the Dealer may, at their discretion during the examination of the warranty claim, provide the customer with a replacement part / exchange part (exchange subject to reservation). This is subject to the (suspensive) condition that a warranty case actually exists. The customer shall therefore acquire ownership of the replacement part only at the time of the warranty confirmation by LUCE DI LEDA GMBH or the Dealer. If a warranty claim is rejected by LUCE DI LEDA GMBH or the Dealer, the customer may purchase the replacement part at the goods value at the time of handover, or shall be obliged to return the replacement part at its own expense.
All further provisions, in particular the statutory provisions on warranty, are excluded.
Different provisions apply to products already discounted that are marked in the online shop as “New + Checked”, “Used + Checked” or “Refurbished”. They may have slight optical defects or be restored products. These optical defects are excluded from the warranty and are mentioned in the item details. In all other respects, the warranty period for these products is at least one year after delivery or branch collection.
8. Liability and Exclusion of Liability
LUCE DI LEDA GMBH excludes without limitation any liability for losses or material and/or resulting personal injury of any kind – whether direct, indirect or consequential – arising from the use of the goods sold by LUCE DI LEDA GMBH.
Liability shall be governed by the applicable statutory provisions. However, the replacement part / exchange part or the Dealer shall in no event be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealised savings, (iv) damages due to delay in delivery and (v) any acts or omissions of the auxiliary persons of the replacement part / exchange part or of the auxiliary persons of a Dealer, whether contractual or non-contractual.
In addition, the replacement part / exchange part or the Dealer disclaims liability in the following cases:
- improper, contrary to contract or unlawful storage, adjustment or use of the products;
- use of incompatible spare or accessory parts (e.g. power supply);
- failure to maintain and/or improper modification or repair of the products by the customer or a third party;
- force majeure, in particular elementary, moisture, fall and impact damage, etc., for which LUCE DI LEDA GMBH is not responsible, and official orders.
The replacement part / exchange part excludes without limitation any liability for losses or damage of any kind – whether direct, indirect or consequential – arising from the use of or access to the LUCE DI LEDA GMBH websites or from links to third-party websites.
Further information can be found in detail in the liability disclaimer (Disclaimer).
9. Payment
Retention of Title
The goods shall remain our property until full payment has been made.
Payment Options
All payment claims for products and services purchased via the LUCE DI LEDA GMBH online shops shall be asserted by LUCE DI LEDA GMBH directly against the customer. Upon conclusion of the purchase contract, the Dealer assigns to LUCE DI LEDA GMBH the entire payment claim arising under the purchase contract between it and the customer (assignment). The customer acknowledges this assignment and is obliged to make all payments exclusively to LUCE DI LEDA GMBH.
Payments must be made in Swiss francs.
Cash payment is only possible for products from LUCE DI LEDA GMBH in the event of branch collection. Branch collection and thus cash payment are excluded for products and services of a Dealer.
The customer has the payment methods available in the online shop under “Payment Options”.
The current payment method fees, if any, charged by LUCE DI LEDA GMBH are shown under “Payment Options” and are detailed in the order process.
For payment by credit card or other instant payment methods, the charge is made at the time of the order.
For payment in advance, delivery shall only take place after receipt of payment. Products in the central warehouse of LUCE DI LEDA GMBH are reserved until expiry of the payment deadline of at least 11 calendar days. This also applies to products that are first ordered externally but processed and dispatched via our warehouse. For products delivered directly by a Dealer or an external distributor to our customer, the external order is only placed after receipt of payment.
For purchase on account (only permissible for products and goods from LUCE DI LEDA GMBH), the customer is obliged to settle the invoice amount within 20 calendar days of receipt of the delivery without any (cash discount) deduction. In the event of partial return of the delivered products, the invoice amount may be reduced accordingly.
Default in Payment
If the customer fails to meet its payment obligations in whole or in part, all outstanding amounts owed by the customer to LUCE DI LEDA GMBH under any title shall become due immediately (in the case of advance payment within 8 calendar days of the 1st reminder) and LUCE DI LEDA GMBH may demand them immediately and suspend further deliveries of products to the customer.
LUCE DI LEDA GMBH shall charge a handling fee of CHF 5.– for the 2nd reminder and a handling fee of CHF 20.– for the 3rd reminder. In the event of unsuccessful reminders, the invoice amounts may be assigned to a company commissioned with debt collection. In this case, an effective annual interest rate of up to 15% on the invoice amount due from the due date may additionally be charged. The company commissioned with debt collection shall assert the outstanding amounts in its own name and for its own account and may charge additional processing fees.
Retention of Title
Ordered products shall remain the property of LUCE DI LEDA GMBH or the Dealer until full payment to LUCE DI LEDA GMBH. LUCE DI LEDA GMBH or the Dealer is entitled to make a corresponding entry in the retention of title register. Prior to transfer of ownership, pledging, security transfer, processing or redesign without the express consent of LUCE DI LEDA GMBH is not permissible.
10. Amendment of Order or Cancellation
Orders oblige the customer to accept the products and services. Subsequent amendments or cancellations of customer orders may be accepted by LUCE DI LEDA GMBH or the Dealer at their discretion and a handling fee of 20% of the cancelled order value, but at least CHF 60.–, plus any loss in value of the cancelled products since their order may be charged.
If, after an order or conclusion of the contract pursuant to clause 3, (partial) impossibility of delivery occurs (dissolving condition), the customer shall be informed immediately by email. If the customer has already paid, this amount shall be refunded to them. If payment has not yet been made, the customer shall be released from the obligation to pay. Further claims due to delay in delivery or failure to deliver are excluded.
11. Right of Withdrawal for Consumers
If you are purchasing for purposes that are predominantly neither related to your commercial nor your self-employed professional activity, and you are thus ordering from us as a consumer, and you do not agree a payment by instalments with us, you have a right of withdrawal in accordance with the following withdrawal instructions:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us – LUCE DI LEDA GMBH, Kurfirstenstrasse 17, 8002 Zürich, mail@metrocubo.com – by means of a clear declaration (e.g. a letter sent by post, email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your withdrawal from this contract. For this reimbursement, we will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. We shall bear the cost of returning the goods.
You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
SAMPLE WITHDRAWAL FORM
(If you wish to withdraw from the contract, please complete and return this form.)
To: LUCE DI LEDA GMBH – KURFIRSTENSTRASSE 17 – 8002 ZÜRICH
mail@metrocubo.com
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
12. Return of Defect-Free Goods
Subject to the conditions listed in the return policy, LUCE DI LEDA GMBH or the Dealer grants the right to return the ordered products. Whether and for how long the customer may return a product is shown on the respective product page under “Return and Warranty”.
The customer must register the return of the products via the personal customer account or under the section “Returns, Repairs and Support” on lucedileda.com and send them back in accordance with the instructions described there. The products must be properly packed with all accessories in the original packaging. Damaged products will not be accepted or will be fully invoiced to the customer.
When handing over a data carrier or a product containing a data memory to LUCE DI LEDA GMBH or the Dealer, complete data loss must in any case be expected. The customer is responsible for proper data backup and protection of their data. LUCE DI LEDA GMBH or the Dealer assumes no liability for any data loss.
If the customer exercises their right of return, LUCE DI LEDA GMBH shall refund the full purchase price less any minimum quantity surcharge paid and the return costs listed in the return policy. For clothing and shoes, the return is free of charge for the customer.
In connection with any return of products for which import clearance has taken place in the name of the customer, the customer authorises and instructs LUCE DI LEDA GMBH to make the export customs declaration for the returned products and to apply for any refund of the Swiss import charges in the name and for the account of the customer. If the customer was unable to deduct the import tax or only partially as input tax and the other conditions for refund of the import tax due to re-export of the ordered products are met, LUCE DI LEDA GMBH shall refund to the customer the import tax paid in advance by them after receipt of the corresponding amount from the Federal Customs Administration. For companies registered in the Swiss or Liechtenstein VAT register, proof of non-deductibility of the import tax must be provided by corresponding confirmation from the Federal Tax Administration.
In this context, the customer assures LUCE DI LEDA GMBH that the details and listing of the returned products in accordance with the return label generated by the customer in the return process are complete and correct, and that the return shipment actually contains the products designated in the return label. The customer shall fully indemnify LUCE DI LEDA GMBH against all third-party claims arising in connection with an incomplete or incorrect customs declaration caused by the customer. LUCE DI LEDA GMBH reserves the right to check the customer’s details.
13. Further Provisions
The costs for a repair outside the warranty pursuant to clause 7 shall be borne by the customer. For devices that show no detectable defects or where the defect does not fall under the warranty pursuant to clause 7, LUCE DI LEDA GMBH or the Dealer reserves the right to charge the customer for the costs of examining the alleged defect as well as the shipping costs.
Unassignable Returns
Returns that cannot be assigned to a customer or cannot be returned to the customer shall be stored by LUCE DI LEDA GMBH or the Dealer for six months and then disposed of.
Uncollected or Undeliverable Warranty Goods
If goods related to the provision of warranty pursuant to clause 7 are not collected in the branches within six months of sending the collection request to the customer or cannot be returned to them, LUCE DI LEDA GMBH shall be entitled to dispose of the goods.
Data Protection
The data protection declaration applies to the processing of personal data by LUCE DI LEDA GMBH.
Partial Invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
Place of Jurisdiction and Applicable Law
All legal relationships between LUCE DI LEDA GMBH or a Dealer and the customer shall be subject to substantive Swiss law. The Vienna Sales Law shall not apply.
The following exclusive places of jurisdiction shall apply:
For all claims arising from purchase contracts in which LUCE DI LEDA GMBH is a contractual party:
For actions by consumers, their place of residence or Zürich shall be the place of jurisdiction. In all other cases, Zürich shall be the exclusive place of jurisdiction.
For all claims arising from purchase contracts in which a Dealer based in Switzerland is a contractual party:
For actions by consumers, their place of residence or the registered office of the Dealer shall be the place of jurisdiction. In all other cases, the registered office of the Dealer shall be the exclusive place of jurisdiction.
For all claims arising from purchase contracts in which a Dealer based abroad is a contractual party:
In all cases, the place of residence/registered office of the customer shall be the exclusive place of jurisdiction.
Copyright Notice
The layout of this website as well as all contributions and graphics used on it are protected by copyright. Any further use, in particular the adoption of content in online services, is not permitted without written approval.
All rights, in particular copyrights, to these GTC are held by LUCE DI LEDA GMBH.
Any reproduction, distribution or other use is prohibited and is only permissible with the express written consent of LUCE DI LEDA GMBH. In the event of a breach of this provision, LUCE DI LEDA GMBH reserves the right to take all legal steps.
14. Liability Disclaimer
Persons who access information on the LUCE DI LEDA GMBH websites declare their agreement with the following conditions. Any special agreements relating to individual services or products of LUCE DI LEDA GMBH shall apply in addition to these conditions.
No Warranty for Completeness and Correctness
The information published on the website is provided by LUCE DI LEDA GMBH exclusively for personal use and for information purposes; it may be changed at any time and without prior notice.
Liability Limitations
LUCE DI LEDA GMBH excludes without limitation any liability for losses or material and/or resulting personal injury of any kind – whether direct, indirect or consequential – arising from the use of or access to the LUCE DI LEDA GMBH websites or from links to third-party websites. LUCE DI LEDA GMBH does not guarantee that the individual parts of its website function without errors. Furthermore, LUCE DI LEDA GMBH disclaims any liability for manipulation of the internet user’s IT system by unauthorised persons. LUCE DI LEDA GMBH expressly points out the risk of viruses and the possibility of targeted hacking attacks. To combat viruses, it is recommended to use current browser versions and to install continuously updated anti-virus software. The opening of emails from unknown sources and unexpected attachments to an email should generally be avoided.
Use of the LUCE DI LEDA GMBH Websites
The entire content (design, text, graphics, ...) of the LUCE DI LEDA GMBH websites is protected by copyright. The individual elements of the website belong exclusively to the website operator LUCE DI LEDA GMBH. Saving or printing individual pages and/or sections of the LUCE DI LEDA GMBH websites is only permitted with full source reference. By saving or otherwise reproducing software or other data on the LUCE DI LEDA GMBH websites, the respective terms of use are deemed accepted. All property rights remain with LUCE DI LEDA GMBH. The (complete or partial) reproduction, transmission (electronically or by other means), modification, linking or use of the LUCE DI LEDA GMBH websites is only permitted with the express written consent of LUCE DI LEDA GMBH.
The use of tools that systematically and automatically retrieve, index and/or transmit content of the LUCE DI LEDA GMBH websites (e.g. so-called spiders, crawlers and other automated tools) is also prohibited. LUCE DI LEDA GMBH expressly reserves the right to take action against the perpetrators, in particular to claim damages.
Linked Websites (Links)
Certain links on the LUCE DI LEDA GMBH websites lead to third-party websites. These are completely beyond the influence of LUCE DI LEDA GMBH, which is why LUCE DI LEDA GMBH assumes no responsibility whatsoever for the accuracy, completeness and legality of the content of such websites or for any offers and (service) provisions contained therein.