GENERAL TERMS & CONDITIONS

Lumaya SA in Fribourg ('Lumaya') is the owner and operator of the internet platform ('Lumaya.ch'). These General Terms and Conditions ('GTC') govern the rights and obligations in connection with the use of the services and products offered on the website.

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1. Scope of application
The GTC of Lumaya, as well as the provisions declared binding by these GTC and recorded alongside the GTC, in particular the privacy policy, govern the rights and obligations associated with the use of the services and products offered via Lumaya.ch (incl. all subdomains). Lumaya reserves the right to make changes to these GTC at any time and to publish the current version on Lumaya.ch. These GTC apply to all other services which Lumaya provides directly and indirectly to its customers.
2. Conclusion of contract
By signing a mandate or paying for the service on Lumaya.ch and/or on websites linked to it, the contract is concluded. The contract is also concluded when the customer uses the services offered by Lumaya or obtains or uses products from Lumaya.
3. Prices
Unless otherwise quoted, all prices are in Swiss francs (CHF) and exclusive of any applicable value added tax (VAT) and other applicable taxes. The prices published on the website Lumaya.ch and on websites linked to it at the time of the conclusion of the contract shall apply. Lumaya reserves the right to change prices at any time. Separate agreements with the customer take precedence over the prices published online.
4. Scope of application
4.1 Means of payment and credit assessment
  • The customer may use the payment options indicated on the platform. Lumaya reserves the right to exclude individual means of payment in general or for individual customers without justification. Lumaya is also entitled to impose surcharges on individual means of payment.
  • In order to protect its legitimate interests, Lumaya may obtain a credit check on the customer from third parties and pass on your customer data on payment behavior to third parties.
  • Ordered products as well as vouchers remain the property of Lumaya until full payment of the purchase price (incl. all surcharges).
4. Scope of application
4.2 Payment deadlines and default in payment
  • Unless otherwise agreed, immediate online payment by the customer is required. If agreed, the customer undertakes to pay the invoiced amount within 30 days of the invoice date. If the invoice is not paid within the aforementioned payment period, the customer will be reminded. If the customer does not pay the invoice within the set reminder period, the customer will automatically be in default. From the time of default, the customer shall owe interest on arrears in the amount of 5%.
  • Lumaya reserves the right to demand payment in advance at any time and without giving reasons. Lumaya has the right to refuse the provision of services or the delivery of products in the event of late payment.
  • In the case of online payment or a purchase on prepayment, the provision of the service or the delivery of the products will only take place as soon as the corresponding payment has been received by Lumaya.
  • Offsetting the invoiced amount against any claim the customer may have against Lumaya is not permitted.
5. Obligation of the customer
5.1 Exercise of the rights of use
The customer is responsible for the safekeeping of his access data and passwords as well as for the content of the stored data and information. The customer hereby declares that all information provided by him/her is true and up-to-date and does not violate the rights of third parties, morality or the law. Lumaya is entitled, but not obliged, to check the content provided by the customer for accuracy and completeness at any time.
5. Obligation of the customer
5.2 Duty to cooperate
The customer undertakes to immediately make all arrangements required by Lumaya for the provision of the service. Among other things, the customer must provide Lumaya with all documents and information required in connection with the provision of the service, in full and with the correct content, without being requested to do so. Lumaya is not responsible for verifying the completeness and accuracy of the documents, information and figures provided by the customer.
5. Obligation of the customer
5.3 Deeds
The customer acknowledges that the forgery or falsification of a document, the use of a genuine signature to produce a false document and the incorrect certification of a legally significant fact as well as the fraudulent use of a false certification are punishable.
6. Duties of Lumaya
6.1 Service provision
Unless otherwise agreed, Lumaya shall fulfil its obligation by providing the online published or agreed service. The place of performance shall be the registered office of Lumaya.
6.2 Auxiliary persons
The parties have the right to call in auxiliary persons to perform their contractual duties. The parties undertake to ensure that the use of auxiliary persons is carried out in compliance with all mandatory legal provisions and any collective labor agreements.
7. Resignation
7.1 Service
Both parties have the right to withdraw from the contract at any time. The withdrawing party shall fully compensate the other party for any expenses already incurred. Withdrawal at inopportune times is not permitted. The customer shall be charged for the costs caused by the withdrawal. This applies in particular to costs and fees incurred by partners and offices (e.g. notary, tax expert, business consultant, commercial registry office).
7.2 Add-On/Additional Services
Add-ons/additional services selected for the service cannot be deselected, refunds for unused add-ons/additional services are excluded.
8. Warranty
Lumaya makes every effort to ensure good availability of Lumaya.ch and websites linked to it and takes reasonable precautions to protect Lumaya.ch from third-party interference.
  • However, Lumaya cannot guarantee that the functioning of Lumaya.ch and websites linked to it and the services and products offered will be uninterrupted or error-free, nor can it guarantee that the files are free of viruses. Lumaya does not warrant the accuracy, completeness, reliability or quality of any information, documents or processes published or transmitted or the results of the services and the products. Furthermore, Lumaya cannot guarantee that the use of the service will not be affected (by spamming, malicious software, spyware, hacking or phishing attacks, etc.) or that it will not damage the Customer's infrastructure or otherwise harm the Customer. Any problems or defects must be reported to Lumaya immediately.
  • Any defects in the products must be reported to Lumaya immediately. It is at Lumaya's discretion whether the defective product will be improved or replaced. Only if the replacement or improvement is impossible, the customer is entitled to a reduction or refund of the purchase price
9. Data protection
You will be informed in detail about the type, scope and purpose of the collection, processing and use of the personal data required for the execution of the orders by Lumaya in the data protection declaration and data processing agreement.
10. Liability
Claims for damages against Lumaya arising from impossibility of performance, from positive breach of contract, from culpa in contrahendo and from tort are excluded, unless intentional or grossly negligent conduct is involved. Liability for slight negligence is explicitly excluded. Liability for indirect and consequential damage and loss of profit resulting from the use, malfunction or failure of performance is excluded. Liability for direct damages shall be limited to the sum of the services and/or products purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to notify Lumaya immediately of any damage. Any liability for auxiliary persons is fully excluded.
11. Intellectual property rights
Lumaya is the owner of, or is authorized by the owners to use, all rights in the services and products and any trademarks. Neither these GTC nor any related agreements have as their content the transfer of intellectual property rights, unless this is expressly mentioned. Furthermore, any further use, publication and making available of information, image and text material as well as anything else that the customer receives in connection with these GTC is prohibited, unless this is expressly authorized by the law. If the customer uses content, image or text material in connection with Lumaya in which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.customer is entitled to a reduction or refund of the purchase price.
12. Severability clause
Should any provision of these GTC or of a contract amendment be invalid or ineffective, this shall not affect the validity of the remaining provisions and of these GTC as a whole. The contracting parties shall replace an invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the contract.
13. Amendment of the GTC
Lumaya reserves the right to amend these GTC at any time. The new version of the GTC will come into force upon publication on the Lumaya website. For customers, the version of the GTC valid at the time of the order is authoritative, unless the customer has agreed to a new version.
14. Priority
These GTC take precedence over all older provisions and contracts. Only provisions from separate agreements which concretize the provisions of these GTC or go beyond them shall take precedence over these GTC.
15. Confidentiality
Both parties and their auxiliary persons undertake to treat all information transmitted or received in connection with the services and products as confidential. This obligation shall remain in force even after termination of the contract
16. Jurisdiction and applicable law
The contractual relationship between the parties shall be governed exclusively by Swiss law. The parties waive the conflict of laws rules of international private law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
To the extent permitted by law, Lumaya's registered office shall be the place of jurisdiction.
17. Vis maior
If Lumaya or third parties involved are prevented from fulfilling their obligations in a timely manner due to force majeure (e.g. natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, storms, wars, riots, civil wars, revolutions, insurrections, terrorism, sabotage, strikes, nuclear accidents or reactor damage), Lumaya will be released from fulfilling its obligations for the duration of the force majeure and for a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, Lumaya may withdraw from the contract. Payments already made are to be refunded in full by Lumaya. Further claims, in particular claims for damages due to force majeure, are excluded in their entirety

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