Terms and Conditions
1.Introduction
LUXOIA Webshop AG (hereinafter referred to as “LUXOIA”) is the operator of the Helen Kirchhofer online shop (hereinafter referred to as “Online Shop”). The customer is any legally competent person (natural and legal), who maintains business relationships with LUXOIA.
2.Scope
These Terms and Conditions (hereinafter referred to as “Terms”) govern the legal relationship between LUXOIA and its customers conclusively, even if they are not expressly agreed upon again. By ordering goods or services, the Terms are considered accepted.
Contradictory or deviating contractual conditions shall not apply, unless LUXOIA expressly agrees to them in writing.
The offering and service provision by LUXOIA (including delivery of goods and services) is limited to Switzerland and the Principality of Liechtenstein.
3.Conclusion of Contract
The offers on the online shop represent a non-binding offer. By placing an order, the customer submits a legally binding offer to conclude a contract. Subsequently, the customer receives an automated order confirmation by email. The receipt of this automatically generated order confirmation along with an order number does not constitute confirmation that the product is actually available or can be delivered. The order confirmation merely informs the customer that the order has been received by LUXOIA.
The contract is concluded as soon as LUXOIA confirms the shipment of the ordered products via email (hereinafter "Order Confirmation").
4.Prices
The prices listed in the order confirmation are binding. All prices are in Swiss francs, including the applicable VAT. Shipping costs are listed separately on the invoice. Prices, promotions, and any coupons are valid until the specified date.
Listed “Instead-of” prices correspond to competitor prices or non-binding price recommendations in Switzerland. No liability is assumed for deviations from competitor prices or non-binding price recommendations.
Orders with an order value of CHF 70.- or more will be delivered free of charge.
LUXOIA reserves the right to change prices at any time.
5.Delivery
Delivery is made via postal service (usually by Swiss Post) to the delivery address specified by the customer within Switzerland and the Principality of Liechtenstein.
Risk and benefit transfer to the customer as soon as the delivery is handed over to the shipping carrier.
All information on availability and delivery times is without guarantee and subject to change. No claims can be derived from any delivery delay.
The customer must check the delivered products immediately for correctness, completeness, and delivery damage. Delivery damage, incorrect and incomplete deliveries must be reported in writing (by email with a photo) within 5 calendar days of receipt. Affected products must not be used. They must be kept in their delivery state and returned according to LUXOIA’s instructions. Returns without prior contact with LUXOIA will not be processed and are considered delivered.
6.Default of Acceptance
If the customer refuses to accept the delivery after a grace period or declares they do not want to accept the goods, LUXOIA may refuse fulfillment of the contract and claim damages for non-fulfillment. LUXOIA may demand either a lump sum of 25% of the purchase price or reimbursement of the actual damages incurred from the customer as compensation.
7.Payment
LUXOIA is entitled to involve third parties for debt collection at any time. All costs related to debt collection (e.g., collection costs, legal fees) will be additionally charged to the customer. Upon default of payment, LUXOIA may withhold undelivered goods or services. Additionally, LUXOIA may interrupt service delivery, take further measures to prevent increasing damages, and/or withdraw from the contract without further costs.
We use a secure transfer protocol, SSL (secure socket layer), to protect your data. Each piece of information is encrypted. Please note that in rare cases, external processing errors may occur during transactions, over which we have no control.
The customer agrees to pay with the payment methods provided. Until the full purchase price is paid, the products remain the property of LUXOIA.
The following payment options are generally available:
7.1. Purchase on Account with Installment Option (POWERPAY)
MF Group / POWERPAY offers the payment method “purchase on account” as an external payment provider. With a single invoice, you can simply pay for your online purchase by invoice. If you do not pay within the specified timeframe, you will receive a monthly statement with an order summary in the following month.
At the conclusion of the purchase contract, POWERPAY assumes the invoice claim and handles the relevant payment arrangements. By choosing to purchase on account, you also accept the POWERPAY terms in addition to our Terms. (www.powerpay.ch/en/agb).
7.2. Prepayment
You will receive LUXOIA’s banking details via email. Payments can be made via postal counter, bank, or online banking. Please note that any transfer fees are not covered by LUXOIA.
The order number must be stated as the payment purpose for allocation. Processing may take several days depending on the financial institution.
7.3. PostFinance E-Finance
As a Postfinance customer, you can log in with your E-Finance number and password. The payment amount is debited directly, free of charge, from your PostFinance account. You will then receive a confirmation email from LUXOIA for your successful order.
7.4. PostFinance Postcard
PostFinance provides payment via PostFinance Card. Logging in requires your card and ID numbers. Please note that PostFinance may set monthly limits to prevent misuse.
7.5. Visa / MasterCard / American Express (Amex)
LUXOIA accepts Visa, Master Card, and American Express (Amex).
Once your payment is confirmed, we will send your order to you. Your order should be recorded on your next credit card statement. Any refunds for this payment method are processed directly to your credit card account.
7.2. PayPal
After the order, you will be redirected to PayPal to make the payment from your PayPal account.
8.Return and Exchange Policy
LUXOIA grants customers a voluntary return period of 14 days from receipt of the goods.
The conditions for the return policy are: products may only have been tried on as in a retail store. All products must be returned complete and undamaged in their original packaging. Unused product packaging, labels, and any protective films must be included in the return package and remain in the delivery condition.
Returns are at the customer’s risk and expense and must be sent by registered mail. The postal service will issue a receipt with a tracking number in case of a parcel loss.
Products should be returned to the following address:
LUXOIA Webshop AG
Returns
Seestrasse 108
9326 Horn
Switzerland
Unidentifiable returns are kept in the quarantine warehouse for three months. After this period, LUXOIA may dispose of the return freely.
The following items are non-returnable:
- Sale items
- Vouchers/gift cards
- Items with a price over CHF 1,500.- (exchange policy applies)
- Custom and engraved products
- Fine jewelry, i.e., products made of precious metals like gold, silver, and platinum (exchange policy applies)
- Perfumes, cosmetics, smartwatches & fitness trackers: these products come in sealed packaging.
- Candles
- Hygiene products (e.g., face masks)
- Products marked accordingly
Upon receipt of the return at LUXOIA, any already paid purchase price will be refunded to the customer (subject to a deduction in the event of damage, excessive wear, or similar issues).
9.Warranty
The statutory warranty is expressly and fully excluded.
Warranty services are provided if there are no exclusion grounds such as:
- incorrect or improper handling
- elementary damages (damages caused by natural forces), moisture damages, drops, and excessive wear
- modifications by unauthorized persons (including opening of devices)
- non-compliance with operating and maintenance instructions
- use of consumables that do not meet original specifications
Normal wear and tear and consumables such as straps, batteries, accumulators, etc., are excluded from the warranty.
A warranty case does not interrupt or extend the original warranty period, which continues to run.
For repairs not accepted as warranty cases, LUXOIA will inform the customer beforehand. If the customer decides against repair, a flat fee of CHF 35.- will be charged to cover handling costs. No paid repair work is performed without customer approval.
If a repair cannot be delivered or is not collected within three months, LUXOIA may dispose of the item freely.
The following warranty conditions also apply depending on the product category:
Own Products
LUXOIA grants a 2-year warranty period from the date of purchase.
In the event of a material defect covered by the warranty, there is a right to repair, replacement, or cancellation. The choice of defect remedy is at the sole discretion of LUXOIA. In the event of cancellation, a credit or refund will be issued at the daily rate, with a maximum of the purchase price at the time of the order confirmation. Further warranty claims are excluded.
Third-Party Products
Only the warranty conditions and duration of the respective manufacturer apply.
10.Disclaimer of Liability
Unless there is intent or gross negligence, all claims for damages arising from the impossibility of performance, breach of contract, negligence upon conclusion of the contract, and tort are excluded. This applies to LUXOIA, its officers, employees, agents, and substitutes. Liability is disclaimed for consequential damages from the use of the products.
LUXOIA strives to provide the customer with the best possible information about the range of products and services. Some information is provided directly to LUXOIA by manufacturers and suppliers. LUXOIA aims to present this information in a customer-friendly manner. However, LUXOIA provides no warranty regarding all information in the online shop (especially about the range of products, availability, delivery times, services, and warranty terms and conditions). This information should not be understood as an assurance. LUXOIA assumes no liability for the accuracy, timeliness, and completeness of this information.
11.Retention of Title
The delivered goods remain the property of LUXOIA until the purchase price has been paid in full. The customer is not authorized to sell, dispose of, or otherwise encumber goods delivered by LUXOIA that are still subject to retention of title.
12.Data Protection
The processing of personal data is governed by LUXOIA's data protection policy, which is available at https://www.helenkirchhofer.ch/en/privacynotice/ and valid at the time. The data protection policy is declarative and is not a part of the contract.
13.Final Provisions
LUXOIA expressly reserves the right to change these Terms at any time and bring them into effect without notice.
Product and price changes, printing or calculation errors, and mistakes in word and image are reserved. All rights to the texts, photos, drawings, and graphic design used lie with LUXOIA or third parties. Any reproduction or other use outside of personal use is prohibited without LUXOIA’s written consent. Violations will be prosecuted.
Offsetting with counterclaims by the customer that LUXOIA does not recognize or are not legally established is excluded.
If any provisions of these Terms or the contract are wholly or partially invalid, the remaining provisions shall remain effective. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
14.Applicable Law and Jurisdiction
The contractual relationships between LUXOIA and the customer are governed exclusively by Swiss law, excluding conflict-of-law rules and the Vienna Sales Convention.
The exclusive place of jurisdiction is the location of LUXOIA’s registered office unless mandatory law provides for another jurisdiction. LUXOIA may also take legal action at the customer’s location.
Last modified: 01.10.2024