General conditions

General conditions of sale

lumi-shop.ch is an online sales site managed and owned by the Swiss company Jardin Confort SA.

Garden Comfort SA
Lavaux Road 425
1095 Lutry
Swiss

Commercial register number: CH-550.0.131.881-3
VAT: CHE-100.142.327

Contact: info@lumi-shop.ch

This site is operated by Jardin-Confort SA under the name lumi-shop or lumi-shop .ch. Throughout the site, the terms "we", "our" and "us" refer to lumi-shop .ch and therefore to Jardin-Confort SA.

Lutry, 01.01.2021

These terms of sale are concluded on the one hand by the company Jardin Confort SA whose head office is located at Route de Lavaux 425, 1095 Lutry, registered in the Trade Register under number CH-550.0.131.881-3 hereinafter referred to as "Jardin-Confort SA" or "We" and managing the website www.jardurgence.ch and, on the other hand, by any natural or legal person wishing to make a purchase or order via the website www.jardurgence.ch hereinafter referred to as "the buyer" or "you".

Article 1. Purpose

These conditions of sale aim to define the contractual relations between Jardin-Confort SA and the buyer and the conditions applicable to any purchase made through the website. www. lumi-shop .ch , by e-mail, by telephone or at the store in Lutry. The acquisition of a product through this site implies unreserved acceptance by the buyer of these terms of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site www. lumi-shop .ch is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have full legal capacity, allowing him to commit to these general terms of sale.

Jardin-Confort SA reserves the right to modify these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site, without notice. As a result, the applicable conditions will be those in force on the date of the order by the buyer.

Article 2. Products and contents

The products offered are those that appear on the website www. lumi-shop .ch of the company Jardin-Confort SA, within the limit of available stocks. The company Jardin-Confort SA reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description including its main technical characteristics, subject to all reserves. The photographs are as faithful as possible but do not bind the seller in any way. They are not contractual. Jardin-Confort SA is not responsible if the information made available on this site is not accurate, complete or up to date. The content of this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the content of this site is at the buyer's own risk. In particular for delivery times, prices or items stipulated as in stock that may be out of stock.

The products are always delivered in accordance with the model, illustration or sketch in the current finish or in the stock finish of the product, subject to slight deviations in size, colour, structure, weight and finish. In particular in the case of subsequent/additional orders, deviations are unavoidable without any further written commitment. Subject to incorrect data/reproductions/measurements due to technical defects on our technical infrastructure or our partners. Decorative items or accessories shown in the photos or at the exhibition are not part of the offer if they are not named. Accessories and decorative items must be purchased separately. Illustrative photos may be non-binding. Unless otherwise confirmed in writing, the items are exclusively for private and family use. For professional use (restaurants, hotels, hospitals, communities, companies, etc.) the warranty may be reduced by the manufacturer

Jardin-Confort SA reserves the right to modify the content of this site at any time, but has no obligation to update the information on the site. The buyer accepts that it is his responsibility to monitor changes on the website. Jardin-Confort SA has made every effort to display the colors and images of the products as accurately as possible. Jardin-Confort SA cannot guarantee that the display of any color on the buyer's screen will be accurate or that the name or description of the color corresponds to an expected reference.

Certain content, products and services available on www. lumi-shop. ch may include materials from third-parties. Links on this site may direct you to third-party websites that are not affiliated with Jardin-Confort SA. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Article 3. Rates

The prices listed on the product sheets in the online catalogue are prices in Swiss francs CHF including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Jardin-Confort SA reserves the right to modify its prices at any time. The prices indicated do not include delivery costs and optional services, invoiced in addition to the price of the products purchased.

Article 4. Order and payment terms

Before placing an order, the buyer can create, if he wishes, an account on the website www.lumi-shop.ch . The account creation section is accessible directly from the menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), will be able to identify himself using this information or provide it at checkout. Jardin-Confort SA offers the buyer the option of ordering and paying for his products in several stages, with several payment options to choose from:

- Payment by bank transfer in advance: the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, colors, finishes, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by bank transfer in advance". Finally, the last step asks him to check all the information, read and accept these general terms and conditions of sale, then invites him to validate his order by clicking on the "Validate payment" button. This last click constitutes the definitive conclusion of the contract. By validating your payment, you definitively confirm your order and accept all of our General Terms and Conditions of Sale. Upon validation, the buyer receives a purchase order confirming the registration of his order. In order to finalize the payment and trigger the processing of the order, the buyer must contact their bank to make the transfer corresponding to the amount of their order to the Jardin-Confort SA bank account, the details of which are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. Jardin-Confort SA will ship the products no sooner than 2 working days after receipt of the transfer corresponding to the order, subject to provisions and stock.

- Secure payment by Paypal, Twint, Postcard, Postfinance, bank card or credit card: the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, colors, finishes, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer. Then, the buyer chooses the payment method of his choice. The next step asks him to check all the information, read and accept these general terms and conditions of sale, then invites him to validate his order by clicking on the "Validate payment" button. By validating your payment, you definitively confirm your order and accept all of our General Terms and Conditions of Sale. Depending on the payment method chosen, the buyer may be redirected to a secure interface (PAYPAL, Postfinance, TWINT) in order to securely enter his account details or enter the payment using a QR code (TWINT). If the payment is accepted, the order is registered and the contract is definitively formed. Payment by Paypal account, Twint, Postcard, Postfinance, bank card and credit card is irrevocable.

Confirmation or validation of payment of an order entails acceptance of these conditions of sale, recognition of having full knowledge of them and the waiver of relying on one's own conditions of purchase. All data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an email address and has provided it on their order form, Jardin-Confort SA will send them confirmation of the registration of their order by email.

If the buyer wishes to contact the company Jardin-Confort SA, he can do so either by mail to the following address:

Garden-Comfort SA
Lavaux Road 425
1095 Lutry
Swiss

either by e-mail to the following address: support@jardembarrassment.ch

or by telephone at: +41 21 791 36 71.

Article 5. Reservation of ownership

Jardin-Confort SA retains full ownership of the products sold until full payment of the total price, including fees and taxes. Jardin Confort SA reserves the right to recover any goods not fully paid.

Article 6. Withdrawal and returns

The buyer has a period of 7 calendar days from the date of receipt of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or reimbursement in the form of a purchase voucher only, without penalty, with the exception of shipping costs and return costs payable by the customer.

  • Clauses:

Duration: Our returns policy lasts 7 calendar days from the date of receipt. If 7 calendar days have passed since the date of receipt, we are unfortunately no longer able to take back one or more items from your order, nor offer you a refund* in the form of a voucher or exchange. If the customer cannot present proof of receipt of the order dated, the date of dispatch of the order from our premises will be taken into consideration for the start of the 7-day period. The date of physical return of the goods to our premises in Lutry must take place before the end of this 7-calendar day period.

*Refund in the form of a voucher.

Terms: To be eligible for a return, the item must be unused and in perfect new condition. It must not show any signs of use. It must also be in the original packaging in perfect condition, unopened, clean and undamaged. The return must have been approved in writing by our customer service. To process your return request, we need a copy of the receipt or proof of purchase. Customer service: info@lumi-shop.ch

Exclusions: Several types of items cannot be returned or exchanged: Items specially ordered for the customer from our suppliers or manufacturers, Items made with fabric, canvas, textile or leather, Items in special dimensions or finishes (not from our stock), Items with ceramic, stone or Dekton tops and Items made with wood. Sale items or items with a discount. Assembled or unpacked items cannot be returned because the packaging has been opened and they are no longer in the original packaging. Even if the assembly or unpacking has been done by us, at your request or not. Additional non-returnable items: plants, flowers, gift cards, vouchers, sale items, exhibition models ("exhibition"), Health and personal care items, mattresses, linen and cushions. Shipping costs (delivery costs) are not refundable. The shipping costs incurred by jardin-Confort and the return costs will be deducted from the voucher.

In certain situations, only partial refunds* can be granted after agreement and decision by Jardin Confort SA: Items with signs of use or that have been assembled. Any item not in its original condition or damaged, with missing parts or without factory packaging. Any item that is returned more than 7 days after delivery.
Only regular priced items may be refunded*, unfortunately sale or reduced price items cannot be refunded*.

*Refund in the form of a voucher

  • Procedure:

Please do not send your purchase directly back to the manufacturer. Items must be returned to our store in Lutry. To return your product, you must present it to our store Jardin-Confort SA, Route de Lavaux 425, CH-1095 Lutry, or send it to us by parcel. The return shipping costs are the responsibility of the customer. The customer also bears the transport risks for the return. Depending on where you live, the time it takes for the exchanged product to reach you may vary. The date of receipt at our premises must be within the 7 calendar day period for the right to return and not the date of dispatch. If you are shipping an item, you should consider using a traceable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item or that it will be in perfect condition.

Once your return is received and inspected by us, we will send you a second email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund* or exchange. If the return is approved, then your refund* will be processed and a credit will automatically be applied in the form of a purchase voucher for the value of the item (excluding shipping and return fees), as soon as possible.

*Refund in the form of a voucher.

Miscellaneous: The clauses governing returns must have been read and approved for all orders made by the customer.

Article 7. Delivery, delivery time and costs

The buyer can either collect their order (unassembled items) free of charge from the Lutry store or have it delivered to their home. This service may be subject to a charge.

Deliveries are made to the address indicated on the order form, which can only be in the geographical area initially agreed. For parcel deliveries, the buyer is usually delivered to his home by the Post Office or a carrier. In the event of the buyer's absence, he will receive a delivery notice from the postman, which allows him to collect the products ordered at the Post Office or at the designated collection point, during the period indicated by the postal services. In the event of non-collection of the order during the scheduled period, costs for a 2nd delivery may be charged. The items ordered for delivery must be able to be delivered upon request by Jardin-Confort SA within a maximum of 7 days, failing which any storage costs will be charged to the customer .

In case of deliveries to mountainous regions, delivery is made to the nearest valley station. Additional technical equipment (furniture lift, crane, ski lift, helicopter, etc.) are the responsibility of the recipient of the goods. Deliveries are not available for areas where cars are prohibited or accessible only by cable car or boat.

If you order multiple items, the delivery time of the order may be adapted to the delivery time of the item with the longest delivery time.

The risks related to transport are the responsibility of the purchaser from the moment the items leave the premises of the company Jardin-Confort SA. The purchaser is required to check in the presence of the postman, carrier or delivery person, the condition of the packaging of the goods and their contents upon delivery. In the event of damage during transport, any protest must be made immediately in writing on the delivery note. Subsequent complaints cannot be accepted. Upon receipt, upon delivery or upon collection from the store, the purchaser checks that the goods do not have any defects and, in particular, that there are no splinters of wood, broken glass or ceramic and that no surface has any defects. The customer must also check upon receipt that no ordered item is missing. No subsequent complaints will be accepted. Defects must be reported in writing upon delivery in the presence of the delivery people or Jardin-Confort SA staff on the delivery note. The clause "Subject to unpacking" or other equivalent has no legal value: the items must be immediately checked in the presence of delivery personnel to be able to note defects (cosmetic defects, scratches, damage or other anomalies).

Important information about transport damage

Even though we have followed all instructions for proper packaging of freight, unfortunately from time to time it may happen that your order arrives damaged at its destination.

We therefore ask you to check the goods immediately upon delivery in the presence of the carrier and to note any damage on the delivery note before signing it.

For what?

Without this mention on the delivery note, you accept the damaged items by your signature, you confirm that you have received the goods complete and in perfect condition, a "clean reception".

A claim for damages against the carrier or sender is not accepted in the event of a subsequent claim for apparent damage with "clean receipt". The carriers' insurance companies refuse to cover the costs in this case. With a signed delivery note without mention of damage, the carrier and its insurer assume that the damage only occurred after delivery.

Unfortunately, our customers often believe that we have to pay for the damage despite the signed delivery note. Of course, we are at your side in the event of transport damage and will be happy to help you quickly and easily settle the claim. However, in the case of a "clean receipt" we reach our limits, because we also do not receive any compensation from the carrier for the costs incurred.

We therefore ask that you always check incoming shipments immediately in the presence of the driver in order to immediately complain in writing about any freight damage. This is the only way to ensure a smooth settlement of claims in your interest. Shrink-wrapped pallets must be checked especially carefully because the damage is sometimes under the soft plastic film that hides the boxes underneath.

The delivery may consist of several partial deliveries. If Jardin-Confort SA wishes to make partial deliveries, Jardin-Confort SA will bear the additional costs incurred. The buyer is not entitled to refuse partial deliveries.

The right to damages related to a delay in delivery is excluded in all cases. The delivery times provided for information purposes are expressed in number of working days. The delivery times given reflect the usual time in normal situations but are indicative and are not binding on Jardin-Confort Sa. These, if exceeded, cannot justify a request for discount, cancellation or refund.

Depending on the size and weight of the order, you may be asked to contribute to the delivery costs. Depending on the delivery area, additional optional paid services may be offered (delivery to the upper floor, assembly, unpacking, etc.).

Jardin-Confort SA reserves the right to cancel or adapt at any time the delivery and service costs, the delivery method, the assembly services, the service and the delivery method chosen and paid by the buyer.

    Shipping for non-standard postal parcels (bulky items): Home delivery of parcels by carrier (e.g. Planzer, Poste Cargo or others) on pallets to be disposed of by the customer or in boxes.

    Shipments deemed “bulky”:

    • Shipments longer than 100 cm
    • Shipments of 2 dimensions greater than 60 cm
    • Unpackaged shipments
    • Weight exceeding 30kg

    Packaging and pallets must be disposed of by the buyer via the nearest household waste collection center. If the order is delivered on a transport pallet, the carrier may in certain cases, but is not obliged to, take back the pallet directly. Otherwise the buyer must contact a local waste and recycling center near him or bring it back to our store.

    The buyer is responsible for the proper accessibility of his home by delivery vehicles and trucks. He must check and confirm without delay if any difficulty may arise. Since the driver is responsible for delivery and access, the final decision regarding the possibility of delivery rests exclusively with him.

    Delivery is not possible in the following situations (non-exhaustive list):

    -If the conditions mentioned for access and exit, as well as stopping and unloading the truck are not met.

    -In narrow residential areas, where many cars are parked, with tight turns and winding streets.

    -Location where the delivery address is more than 75 m from the place where the truck parks and unloads.

    -If the access is not at least 50 cm wider than the length of the goods.

    -Safe unloading is not possible for the driver because it is a main road with heavy traffic or many bends.

    -If the delivery location is in a place without an access road or in a place that is difficult to access (e.g. a mountainous region).

    The following services are excluded from the order and the services offered: assembly of the items, unpacking, fixing the items to the floor or wall, electrical connections and fittings, concreting, preparation of the floor, walls or surfaces, drilling, water and gas connections and fittings.

    Article 8. Guarantees

    All products supplied by Jardin-Confort SA benefit from the legal guarantee provided for by the Swiss Code of Obligations. In the event of non-conformity of a product sold, it must be returned by the buyer to Jardin-Confort SA in Lutry, which will take it back, exchange it or refund it with prior agreement. All complaints, requests for exchange or refund must be made by post to the following address: Jardin-Confort SA, Route de Lavaux 425, CH-1095 Lutry. The manufacturers' warranty clauses are authentic. Provided and available on request.

    Upon receipt, delivery or collection from the store, the buyer checks that the goods do not have any defects and, in particular, that there is no broken glass or ceramic and that no surface has any defects. The customer must also check upon receipt that no ordered item is missing. No subsequent complaints will be accepted. Defects must be reported in writing upon delivery in the presence of the delivery people or Jardin-Confort SA staff on the delivery note. The clause "Subject to unpacking" or other equivalent has no legal value: the items must be immediately checked in the presence of the delivery people to be able to note any defects (cosmetic defects, scratches, damage or other anomalies). Manufacturing defects noted subsequently, i.e. during the duration of the legal warranty, must be reported immediately.

    As a general rule, in the absence of any mention to the contrary, Jardin-Confort offers the guarantee covering manufacturing defects according to the conditions set by law from the date of delivery of the goods to the buyer (first date if multiple deliveries). The replaced parts are guaranteed for the duration of the initial guarantee remaining on the day of replacement.

    Excluded from the warranty: All damage resulting from wear and tear, aging and improper use, bulbs and LEDs, damage caused by wind, discoloration caused by the sun or by washing fabrics (parasols, covers, cushions, canvases, textilenes, etc.), deterioration of surfaces caused by the sun, rain, water and washing (paint, trays, frames, etc.), deformation of textiles due to washing or water, scratches caused by use. Complaints concerning natural materials such as wood or stone, for example, cannot be taken into consideration for aesthetic reasons. These materials have natural defects and natural variations in color accepted by the customer. Wood changes appearance after exposure to sun and rain. Cracks may form on the surface, which does not change the quality of the product and is not a defect. Mold on wood or fabrics is not covered by the warranty. Protective covers and outdoor fabrics are not 100% waterproof. This reason for non-waterproofness cannot be a reason for complaint. Stains or dirt occurring after delivery are not the responsibility of Jardin-Confort SA. The customer undertakes to inquire about the precautions for use, maintenance and washing before using the item. The transformation or modification of the goods by the customer despite the presence of an apparent defect results in the cancellation of the warranty. Jardin-Confort SA or the third-party partner mandated by it may provide the warranty in the form of free repair or by replacing the defective goods with goods of the same value. Any other claim is excluded. With regard to sale items, Jardin-Confort SA may reserve the right to refund the purchase price instead of a free repair or replacement of the goods with a product of the same value. Sales items are in principle neither returned nor exchanged. The warranty is to be asserted at our store in Lutry. The item deemed defective must be returned by the customer to our premises in Lutry, only after our agreement, even if the item was delivered by Jardin-Confort to the customer's address. Transport and transport costs (delivery and return) are the responsibility of the customer. Excluded from the warranty: exhibition furniture called "exhibition furniture". Exhibition furniture has been seen and is sold in second-hand condition with a discount: defects cannot be grounds for complaint.

    Article 9. Liability

    Jardin-Confort SA, in the distance selling process, is only bound by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.

    Article 10. Intellectual Property

    All elements of the site www.lumi-shop.ch are and remain the intellectual and exclusive property of the company Jardin-Confort SA. No one is authorized to copy, reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photos, logos, visuals or text and prices.

    Article 11. Personal data

    Jardin-Confort SA undertakes to preserve the confidentiality of the information provided by the buyer, which he would be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of the law. As such, the Internet user has the right to access, modify and delete information concerning him. He can make a request at any time by mail to the following address: Jardin-Confort SA, Route de Lavaux 425, CH-1095 Lutry. Your submission of personal information in the store is governed by our privacy policy. Please see our privacy policy.

    Section 12. User Comments, Feedback, Reviews and Other Submissions

    If, at our request or without a request from us, you send creative ideas, suggestions, proposals, photos, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

    Article 13. Errors, inaccuracies and omissions

    Occasionally there may be information on our site or in our materials that contains typographical errors, inaccuracies, mistakes or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information and orders or cancel orders if any information on the site www.lumi-shop.ch are inaccurate, at any time without notice (including after you have submitted your order).

    Article 14. Dispute Resolution

    These distance selling conditions are subject to Swiss law. The legal provisions of the Code of Obligations apply for all other points. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

    For all disputes or litigation, the legal venue is Lausanne.