Terms of service

1. Supplier

The contracting legal entity is FALKEM SWISS Sagl. Lume Studio is the trading name used for the services described on this website.

The full register data, including the CH-ID number and the competent register, is in the Imprint.

Supplier

FALKEM SWISS Sagl, operating under the trading name Lume Studio

Registered office

Piazza Indipendenza 3, CH-6830 Chiasso, Switzerland

UID/VAT

CHE-190.276.060 IVA

Email

[email protected]

2. What this page covers

This page describes the proposed conditions. It is not the order, not the proposal and not a signature.

The service ordinarily addresses businesses and people acting in the course of their professional or commercial activity.

Where a client acts for personal or family use, the consumer section applies in addition. For that client, mandatory rules prevail over this page.

3. Contract formation and order of precedence

The contract is formed when the client’s authorised person accepts the project order and the identified proposal version in writing.

Silence, no reply, ambiguous conduct or approval of a different version do not constitute acceptance.

This website offers no online purchase and concludes no contract through an automated payment flow. The order is issued and accepted through individual communication.

If the documents conflict, the order of precedence is:

• the accepted project order;
• the identified proposal version;
• the conditions referenced in the order;
• the technical annexes expressly incorporated.

4. Scope, exclusions and dependencies

Lume builds the website and the items listed in the accepted order.

Anything not listed is excluded. Exclusions include licences, third-party costs, migrations, complex integrations and unverified systems.

The timing stated in the order is an indicative planning target, not a fixed deadline.

It starts to run after valid acceptance, the reconciled first payment, delivery of the essential materials and activation of the required access.

Lume gives no guarantee of leads, sales, bookings, traffic, search ranking, provider continuity or absolute security.

5. Approvals and scope changes

Client approvals are written and attributable to an authorised person.

A scope change takes effect only after a written summary is accepted, before the changed work begins. The summary identifies:

• the scope added or removed;
• the price including VAT;
• the effect on timing;
• dependencies on materials, access or third parties;
• the authorised person who accepts it.

6. Prices, invoices, advance payments and default

The price, the payment plan and the invoice term are those of the accepted order. This page is not a price list and does not replace the quotation.

Published package prices are in Swiss francs and include VAT. No non-optional surcharge is added after acceptance without a written change.

The VAT treatment applicable to a specific engagement is confirmed in the accepted order and on the invoice.

The standard plan requires a first 50% after valid acceptance and before production starts, and the remaining 50% after written preview approval.

Ordinary invoices are due in 10 days.

Payment in full is due before publication and before final handover.

Where the client is validly in default, Article 104 paragraph 1 CO provides for default interest of five per cent per year.

Lume applies no penalty, administrative fee or recovery charge beyond what the law or the accepted order provides. Reminders and enforcement follow the Code of Obligations and the Federal Act on Debt Enforcement and Bankruptcy.

7. Cancellation, delay and financial adjustment

To the extent the contract is characterised as a contract for work, Article 377 CO allows the customer to withdraw at any time while the work is unfinished, indemnifying the contractor for the work already done and for the loss it suffers as a result.

For that reason Lume does not describe the first payment as automatically non-refundable.

If the cancellation arrives before production starts, Lume proposes a refund of what was paid, less the external costs already authorised and unrecoverable.

If it arrives after production starts, the adjustment is calculated under Article 377 CO and the accepted order. It accounts for completed work and for authorised, unrecoverable external costs, and credits sums already paid.

Client delay pauses the affected work and moves the target date. It does not by itself create an additional charge, an automatic suspension or an automatic cancellation.

Any measure requires prior written notice and human assessment. Project evidence and client material are not deleted merely because work stopped.

8. Client materials, access and data

The client warrants that it holds the rights in the materials it supplies and authorises Lume to use them for the project.

The client is responsible for the accuracy of the data it supplies, including opening hours, prices, addresses and any information its business is required to publish.

Lume receives delegated, named access. Lume does not ask for personal passwords in a form, email, chat or shared document.

9. Intellectual property and handover

After payment in full, the client receives the files and the rights or licences identified in the order.

Lume’s pre-existing tools, components, know-how and materials remain Lume’s, with a licence sufficient to use and operate the website, unless a written assignment says otherwise.

Open-source software, fonts, stock imagery, plugins and third-party services keep their own licences.

Moral rights are not represented as assigned where the law does not permit it.

Portfolio use, case studies, testimonials, reviews and imagery of identifiable people require separate, optional and unticked consents. Portfolio use also requires post-launch approval of the actual material and channels.

10. Review, defects and technical warranty

The client reviews the preview and reports concrete defects against the order, the brief and the approved scope.

Article 367 CO asks the customer to check the delivered work as soon as the ordinary course of business allows and to notify defects.

Lume corrects reproducible technical bugs in the delivered scope for 30 days after launch.

New requests, changes made by the client or a third party, misuse, external provider failures and matters beyond Lume’s reasonable control are outside that correction.

This technical warranty is additional to the statutory remedies and does not replace them. The rights under Articles 367 and 368 CO remain reserved.

Where Article 371 paragraph 1 CO applies, the limitation period for the customer’s rights concerning defects in a movable work is two years from delivery. The 30-day technical warranty does not shorten any statutory limitation period.

Article 370 CO attaches to approval of the work, including tacit approval, the release of the contractor, except for defects that were not recognisable or were knowingly concealed.

11. Third-party services and accounts

Domain, hosting, email, bookings, payments, analytics and data ordinarily stay in accounts held by the client, with delegated access for Lume.

Third-party costs, subscriptions and transaction fees are paid by the client unless the accepted scope says otherwise.

Lume does not guarantee the availability, pricing, security or continuity of a third-party provider and is not answerable for interruptions attributable exclusively to that provider and outside Lume’s reasonable control. Lume remains responsible for Lume’s own fault or negligence and for liability that cannot be excluded under mandatory law.

For the website project, the accepted order states the providers actually planned.

12. Liability, force majeure and mandatory rules

Lume is liable under the general rules of the Code of Obligations. This page introduces no exclusion or limitation of liability.

Article 100 paragraph 1 CO makes void any agreement excluding liability for intent or gross negligence in advance.

A cap on liability for slight negligence is not stated here. It would apply only if the accepted order expressly adopted it.

Force majeure and non-attributable impediments extend the dates proportionately, subject to notice and mitigation.

13. Data protection

Processing of personal data on this website is described in the privacy policy and the cookie policy. This page does not summarise or replace them.

Where Lume processes personal data on the client’s instructions, the parties sign a separate processing agreement before that processing begins.

14. Consumers and cross-border situations

Swiss law provides no general right of withdrawal for every contract concluded online.

Articles 40a and following CO may nonetheless apply to services intended for personal or family use worth more than 100 francs, where the offer was made in one of the situations listed in Article 40b CO: the workplace, residential premises or their immediate vicinity, public transport or public roads and squares, a promotional event connected with an excursion or an analogous occasion, or a telephone call or comparable means of instantaneous voice telecommunication.

Article 40c CO removes the right of revocation, among other cases, where the client themselves initiated the negotiations or made the declaration at a market or trade-fair stand.

Where the facts may engage those provisions, the order records who took the initiative and the purpose, amount, place and channel of the negotiations, and the withdrawal information required by Article 40d CO, with the 14-day period of Article 40e CO, accompanies the order. This page does not replace it.

A consumer domiciled in the European Union may in addition have, under the law of their country of residence, a 14-day withdrawal right and information rights. A choice of Swiss law does not remove those protections where they apply.

For a client abroad, the fact that this website can be read in English does not by itself establish that Lume directed its activity to that country. The assessment is made on the specific case before the engagement is accepted.

15. Governing law and forum

For clients acting in the course of their professional or commercial activity, Lume proposes Swiss law and the forum of Chiasso.

That proposal does not restrict mandatory venues or other mandatory rules.

For contracts falling within the definition in Article 32 paragraph 2 CPC, that is supplies of everyday consumption intended for personal or family needs, the consumer may sue at the domicile or seat of either party and the supplier may sue only at the defendant’s domicile.

Article 35 CPC prevents a consumer from waiving those venues, neither in advance nor by appearing in court. A forum agreement concluded after the dispute has arisen remains possible.

Article 114 paragraph 2 PILA prevents a consumer from waiving the forum of their domicile in advance. Article 120 paragraph 2 PILA excludes a choice of law for the consumer contracts covered by its paragraph 1: in those cases a Swiss-law clause has no effect.

Where the Lugano Convention applies, Articles 15 to 17 reserve the consumer’s own venues and restrict jurisdiction agreements.

The characterisation of a relationship and the applicable forum depend on the facts of the specific case and on the mandatory rules that apply.

16. Version, language and contact

This information page is updated on 13 August 2026.

The Italian version prevails if it diverges from this English translation. For a consumer who contracted on the basis of the English text alone, this rule does not reduce the mandatory protections that apply.

A later version updates only the information page. An accepted project remains governed by the PDF versions referenced in the order.

Questions about these conditions: [email protected].