Loonawell GmbH
hello@loonawell.com
1. SCOPE
1.1 These terms and conditions together with our Privacy Policy (together "Terms and Conditions") apply to www.loonawell.com and all our further websites, webshop, microsites, and mobile versions of these websites (collectively, the "Website") that expressly adopt and display or link to these Terms and Condi-tions, as may be revised from time to time, and that are owned, operated, or controlled by Loonawell GmbH (hereinafter referred to as "Loonawell", "we", "us", or "our"). By accessing and using the Website or placing an order for any products (the "Products"), you (the "User") acknowledge and agree to accept and be bound by these Terms and Conditions.
1.2 These Terms and Conditions do not apply if you buy the Products from any source other than the Website (if, for example, you buy the Products from one of our authorized distributors or retailers, who will have their own terms and condi-tions to apply to such purchase of Products).
1.3 Please read these Terms and Conditions carefully and make sure that you un-derstand them before ordering any Products on our Website.
1.4 By accessing, browsing, using the pages or services posted on the Website, and/or placing an order you agree to these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, please do not access, browse, or use the Website or place an order.
1.5 These Terms and Conditions will apply to any contract for the sale of Products by us to you (the "Contract").
1.6 Please check the Terms and Conditions on our Website each time you order Products to ensure you understand the legal terms that will apply to the Contract at that time (see Section 24).
1.7 We are a company registered in Zurich, Switzerland with company registration number CHE-471.751.429. and registered domicile at Wildbachstrasse 5, 8008 Zurich.
1.8 When we refer to "you", "your", or "User" we mean you, the person using our Website or buying Products from our Website.
1.9 The language used to manage and conclude the contract is English.
2. CONTACT AND COMPLAINTS
2.1 If you would like to contact us, reach out to our customer services team under hello@loonawell.com.
2.2 We sincerely hope that you do not have cause for a complaint but, if you do, we want to hear about it so that we can try and resolve it and make sure it does not happen again and to improve our Products and associated services. Please do not hesitate to contact us using the above communication channels.
3. THE PRODUCTS
3.1 The images of the Products on our Website as well as all information about the products themselves (list of ingredients, nutritional information, food facts, etc.) are for illustrative purposes only and are non-binding. Only the specific information on the product packaging shall apply. The packaging, presentation and design of the Products may vary from that shown on images on our Website.
3.2 All Products shown on our Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order in case of unavailability. As described in Sec-tion 5.6, the Contract will only be concluded upon Order Acceptance. If you have already paid for the Products, we will refund you the full amount as soon as pos-sible.
3.3 All Products should be used strictly in accordance with their instructions, pre-cautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional or medical advice. Your veterinary should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition of your pet. Loonawell does not give or intend to give any answers to medical related questions and our Website does not re-place any medical professional or medical resource. Loonawell does not repre-sent itself as a veterinarian nor is this implied.
3.4 Except where prohibited by law, Loonawell may limit the number of Products available for purchase.
4. YOUR ACCOUNT AND PERSONAL INFORMATION
4.1 You do not need to register to explore our Website or to buy Products from us.
4.2 By creating an account, you can store your payment method information for easier and faster checkout, store and edit your delivery addresses and billing in-formation.
4.3 When you register or buy Products through our Website, you will be required to provide certain personal information including your first name and last name, postal address (meaning invoicing and shipping address), phone number and email address, as well as other information like the name, birthday and breed of your pet(s). You will also be required to provide valid details of a credit or debit card which you are legally entitled to use. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You confirm that all information you provide to us at any time is true, accurate and complete. By providing us with the above data, you consent to the processing of your respective personal information by us as described in our Privacy Policy (see Section 21).
5. BUYING PRODUCTS FROM US
5.1 You may only buy Products from our Website if you are at least 18 years old.
5.2 The presentation of Products on the Website shall not constitute a legally binding offer but rather a non-binding online catalogue or non-binding invitation for you to order a given Product on the Website.
5.3 Direct to consumer: our Products are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Loonawell. Loonawell reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms and Conditions, as determined by Loonawell in its sole discretion.
Wholesale: Our products are available for wholesale. In this case you should contact us at hello@loonawell.com for more information on prices and merchandise. Alternatively you can also find us on the B2B platform FAIRE.Â
5.4 By clicking the Buy it Now you are committing to buy and pay for the Products in your order. This is an offer from you to enter into a Contract with us to buy the Products.
5.5 After you place an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. You may cancel your order only until order processing commences at our office and by writing us an email at hello@loonawell.com. In case of monthly subscriptions alteration of the order can be done up to 1 day prior to the monthly subscription delivery date.
5.6 Loonawell may reject an order either in its entirety or in part, without stating the grounds. In such cases, Loonawell will inform you accordingly and refund any payments already made. Loonawell does not accept any other claims made by you. In particular, undeliverable products will not be delivered at a later date. Temporarily unavailable products cannot be pre-ordered.
5.7 If we accept your order, we will process it and ship it to you. The contract be-tween you and us will concluded when a separate delivery confirmation is sent by email (the "Shipping Confirmation") or when your products are shipped (collectively (the "Order Acceptance").
6. PRODUCT PRICES
6.1 Prices shown on the Website are displayed in Swiss Francs (CHF).
6.2 The prices of the Products do not include shipping costs. Any other applicable delivery costs will be specified on the Website when you are confirming your or-der and in the Order Acceptance.
6.3 The prices of the Products do not include value added tax (VAT), sales tax or similar taxes, duties or charges (the "VAT") nor do they include any import or customs duties and or taxes to the extent applicable (see Section 8.3). Applicable VAT (if any) will be specified on the Website when you are confirming your order.Â
6.4 We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered into the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made a pricing error.
6.5 The prices of the Products may change from time to time, but changes will not affect any prior order which we have confirmed prior to the price change, unless the order includes a pricing error as stipulated in Section 6.4 above. For subscription orders and in an event of a price change we will proceed as per Section 6.3.
7. METHODS OF PAYMENT
7.1 You can pay for Products using one of the following payment methods: Visa, MasterCard, American Express, PayPal, Apple Pay, Post Finance and TWINT.
7.2 By ordering Products from us through our Website, you authorize us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and/or to authorize individual purchases. You authorize us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We re-serve the right to put in place additional payment security systems from time to time. For further information to the processing of your personal information by us please refer to our Privacy Policy (see Section 22).
7.3 We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates [Loonawell policies.
7.4 If the amount due from you for your order cannot be debited or charged, for whatever reason, your order will be cancelled (we will notify you of this using the contact details you provided during the order process).
8. DELIVERY
8.1 Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation, unless there is an event outside of our control (please see Section 23 below for more information about these events). If we are unable to meet the estimated delivery date because of an event outside of our control, we will con-tact you with a revised estimated delivery date.
8.2 Delivery will be completed when we deliver the Products to the address you gave us (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of in-correct, incomplete or unclear delivery details).
8.3 If you order Products from our Website for delivery outside of Switzerland, your order may be subject to import or customs duties or taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local cus-toms office for further information before placing your order.
9. WARRANTY
Loonawell guarantees the quality and shelf-life of its Products under the following conditions:
- Products must be stored in a cool (maximum 25 degrees Celsius), dry place.
For Users who can provide evidence confirming compliance with these storage conditions, Loonawell guarantees that ordered products will meet the relevant standards until the relevant best-before date.
In the unlikely event that the Products we sell to you are faulty or not as de-scribed, and for Users who can provide evidence, please contact our customer services team at hello@loonawell.com. Loonawell can fulfil its guarantee in its own discretion through either partial or complete replacement by an equivalent Product, a reduction in price or by issuing a credit note up to the sales price ap-plicable at the time of the order.
Users do not have a general right to return fault-free Products that are delivered properly. Warranty claims are explicitly excluded for Products whose intrinsic quality (for instance, their fragrance our aroma) does not meet the User expec-tations and for Products ordered by mistake.
10. SUBSCRIPTION AND TERMINATION
10.1 As an additional service, we offer a subscription service, with free shipping, as described on the Website. The subscriptions are available in a restricted number of countries and can be started and ended at any time. Subscriptions can be initiated, pause and ended at any time. There is no minimum commitment in terms of duration of the subscription (the "Subscription Term"). You can set the day and time when each purchase event will take place as well as choose the periodicity of your subscription. You can also alter the delivery address at any time, provided the address is part of the list of countries where the subscription service is available.Â
10.2 The Subscription Term is controlled by you and the subscription ends when you so determine.Â
11. DISCLAIMER OF WARRANTIES
Loonawell IS PROVIDING THE WEBSITE AND ITS CONTENT ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PROD-UCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMIT-TED BY LAW, Loonawell DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Loonawell DOES NOT REPRESENT OR WARRANT THAT THE INFOR-MATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
12. OUR LIABILITY
12.1 Loonawell WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SALE OF PRODUCTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABIL-ITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
12.2 We only supply Products (including any free samples provided with your order) for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity (See Section 5).
12.3 Notwithstanding the above, to the greatest extent of the law, our liability shall in any case be limited to the price you paid for the respective Product including shipping costs, VAT and import duties (if any).
12.4 However, we do not in any way exclude or limit our liability for:
(i) death or personal injury or other damages caused by our wilful conduct or gross negligence;
(ii) fraud or fraudulent misrepresentation; and
(iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
13. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Loonawell (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your mis-use of the Website; (b) your violation of any term of these Terms and Conditions; (c) a breach of your representations and warranties set forth above regarding User Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any User Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your misuse of the Website.
14. WEBSITE CONTENT
All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code and scripts (collectively, the "Website Content"), and the collection, arrangement and assembly of the Website Content, is the property of Loonawell and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms and Conditions. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, per-form, display, incorporate into a website or in any way exploit the Website Con-tent, or any portion thereof, without the express written permission of the Company.
15. THIRD PARTY CONTENT AND THIRD PARTY WEBSITES
Our Website may, from time to time, contain links to websites owned and operated by third parties (the "Third Party Sites").Loonawell has no influence on whether operators of such Third-Party Sites comply with the applicable data protection regulation. We encourage you to review the privacy policies and terms and conditions of such Third Party Sites so that you understand how those web-sites collect, use and share your information. We are not responsible for the privacy policies or other content on Third Party Sites. Loonawell excludes any responsibility or liability for the websites of third parties accessible via the links.
16. MOBILE SERVICES
If you access the Website via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain Products or services. Please be aware that if you access the Website via your mobile phone or pro-vide a mobile phone number to us in order to be contacted by voice or text mes-sage, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
17. USER INFORMATION
Some functionality of the Website may require the transmission of information provided by the User (the "User Information"). User Information may include, but is not limited to, a User’s name, address, email address, telephone number, method of payment, credit card number, password, and billing information. The User agrees to keep the User Information provided to the Website current at all times and to promptly update such information in the Website to the extent of any change. By using such functionality, the User consents to the transmission of User Information to Loonawell and/or its agents and authorizes Loonawell and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy located here: https://www.loonawell.com/pages/privacy-policy which is incorporated herein by reference.
18. INTELLECTUAL PROPERTY
All information and content available on the Website and its "look and feel", including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of Loonawell, its affiliates, partners or licensors, or is used with consent of the owner, and is protected by intellectual property laws. The reproduction and use of any of these by you is prohibited. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of Switzerland and/or foreign laws and/or international conventions.
19. TRADEMARKS
All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, "Marks") contained in, or used in connection with, the Website are expressly reserved by Loonawell and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by Swiss and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms and Conditions or by virtue of User’s use of the Website. The Marks may not be cop-ied, imitated or used, in whole or in part, without the prior written consent of Loonawell or the applicable rights holder.
20. YOUR PERSONAL INFORMATION
20.1 We use your personal information in accordance with our Privacy Policy (available at Privacy Policy (the "Privacy Policy"). Please take the time to read our Privacy Policy as it includes important information and terms which apply to you.
21. EVENTS OUTSIDE OF OUR CONTROL
21.1 In rare circumstances, events outside of our reasonable control may delay or prevent us from performing our obligations under the Contract. If these events occur, we will try to perform our obligations to you as soon as we can. We can-not, however, accept liability for any losses caused to you as a result of any de-lay or failure by us to perform our obligations where such delay or failure is due to an event which is outside of our reasonable control.
21.2 If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract:
(i) we will contact you as soon as reasonably possible to notify you; and
(ii) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control.
22. CHANGES TO THESE TERMS AND CONDITIONS
22.1 We may make changes to these Terms and Conditions from time to time.
22.2 Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please check the Terms and Conditions on our Website each time that you order Products from us to ensure that you understand the Terms and Conditions that apply at the time.
23. WAIVER
If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24. OTHER IMPORTANT INFORMATION
24.1 We may transfer our rights and obligations under the Contract to another entity (in the same or in another country) belonging to the same group.
24.2 The Contract is between you and us (or any of our transferee group entities). No other person shall have any rights to enforce any of its terms.
24.3 This Agreement supersedes all prior agreements, negotiations, correspondence, undertakings and communications between you and us, oral or written, and contain the sole and entire agreement between you and us with respect to the subject matters hereof.
25. SEVERABILITY
The provisions of these Terms and Conditions are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any one or more section(s) or part of a section of these Terms and Conditions shall be found to be il-legal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Loonawell, or alternatively the invalid, illegal or unenforceable provision(s) shall be replaced by such provision(s) the parties would, acting reasonably, have agreed upon had they been aware of the invalidity, illegality or non-enforceability of the provision to be replaced. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms and Conditions without affecting the validity, legality or enforceability of any of the remaining provision The same principle shall apply in case of a contractual gap.
26. GOVERNING LAW AND JURISDICTION
26.1 These Terms and Conditions shall be construed and interpreted in accordance with, and shall be governed by, the laws of Switzerland without reference to the conflict of laws principles thereof and to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG).
Any dispute arising out of or in connection with these Terms and Conditions (including its interpretation, closing, execution, binding effect, amendment, breach, termination or enforcement) shall be resolved by the ordinary courts in Zurich, Switzerland, venue being Zurich 1, without restricting any right of appeal.
Version 2, Zurich, August 2nd, 2022