Terms and conditions of sale (T&Cs)

These terms follow the structure of the live website and incorporate the framework applicable to consumers in the European Union (right of withdrawal, statutory warranty of conformity).

1. Scope

These general terms and conditions of sale (T&Cs) govern all sales concluded by Sciola Import SARL (hereinafter ‘FOG’, ‘we’), registered in the commercial register under number CHE-254.286.459, through the online shop futureofgrow.com. Placing an order implies unreserved acceptance of these T&Cs, unless a written agreement supplements or amends them. Special conditions may apply to business customers (B2B).

2. Conclusion of the contract

For private customers (consumers), the contract is concluded by the customer’s confirmation of the online or written order, as accepted by FOG. The order confirmation is authoritative. For business customers, orders may be placed by telephone, email or online, with acceptance formalised by the confirmation or by delivery.

3. Product characteristics

All information about the products provided to customers during the ordering process is given for guidance only and is subject in particular to design or technical changes intended to improve the product’s functionality, as well as to any errors in description or illustration. For manufacturing reasons, there may be slight differences in LED performance (brightness, colour temperature, design, PPF, μmol/J, photon efficacy) for the same product. Provided that these differences in performance do not exceed 12%, the customer undertakes not to make any complaint. Loss of brightness is inherent in LED technology and operating temperature: all LED chips undergo a gradual reduction in brightness over time. The customer undertakes not to make any complaint on this basis.

4. Prices

Prices are shown in the currency of the delivery market. For Switzerland, they are in Swiss francs (CHF). Swiss VAT at 8.1% applies to the price of the products and to transport costs; it is shown on the invoice and collected with the order. For the European Union, prices are shown in euros (EUR), excluding VAT: orders are shipped from Switzerland and constitute an import. For a consumer customer, the import VAT and any customs duties of the country of delivery are borne by us: the price paid when ordering is final. For a business customer, they are borne by the customer and paid to the carrier on delivery, as are the customs clearance fees. Transport costs are added to the price of the products and are specified before the order is confirmed. We reserve the right to change our prices at any time; the applicable prices are those displayed at the time of ordering.

5. Payment

Online orders are payable in advance by payment card or by the payment methods offered at checkout. Business customers may be granted specific payment terms on request.

Payment by bank transfer. Where the customer chooses to pay by bank transfer, the invoice is payable net, without discount, within 10 days of the order date, quoting the invoice reference. The due date is shown on the invoice. Payment is deemed to have been made on the day the amount is credited to our account.

Late payment. This payment period is a fixed deadline: when it expires, the customer is in default without any further reminder (art. 102 para. 2 of the Swiss Code of Obligations). Overdue amounts bear default interest at 5% per year (art. 104 of the Swiss Code of Obligations). If no payment is received, we send the customer reminders by email on the day after the 10th, 20th and 25th day following the order, then a formal notice on the day after the 35th day. As long as an overdue invoice remains unpaid, we may suspend the processing of any other order from the customer and make any new order subject to payment in advance. If payment is not made within the period set in the formal notice, we may initiate collection proceedings (debt enforcement or legal action), the costs of which are borne by the customer.

Retention of title. The goods remain our property until paid for in full. The customer authorises us to have this retention of title entered in the register of retention of title agreements (art. 715 of the Swiss Civil Code).

6. Delivery

Delivery terms, charges and times are set out in our delivery policy, which forms an integral part of these T&Cs. The times stated are indicative. For projects, lead times are set out in the offer. Partial deliveries are possible. For business customers, late delivery does not entitle the customer to rescind the contract or to claim compensation. This limitation does not apply to consumers, who retain the rights granted to them by law in the event of delay. If we are unable to obtain supplies from our suppliers, or can do so only under difficult conditions, we may withdraw from the contract: in that case, we inform the customer immediately and refund all payments received. For business customers, such cancellation does not give rise to any entitlement to compensation.

Delivery charges

Delivery is free for private customers on orders delivered within Switzerland, regardless of the order value, unless otherwise stated at the time of ordering.

For business customers in Switzerland, the prices shown exclude VAT. Delivery charges are calculated on the basis of the total weight and/or volume of the shipment, including packaging. For orders placed on our website, these charges are calculated automatically and displayed before the order is finally confirmed.

For deliveries to the European Union, transport costs are calculated according to the destination, the weight and volume of the shipment and the carrier’s applicable rates. Where they can be determined when ordering online, they are shown in the order summary before payment.

Projects, special orders and factory orders

For projects, special orders, custom manufacturing or orders requiring specific production at our factories, SCIOLA IMPORT SARL may quote ex-works prices, excluding transport, insurance, customs duties, VAT, import taxes, customs clearance fees and other costs relating to the carriage of the goods, unless otherwise stated in writing in the offer or contract.

Where transport costs are communicated to the customer before manufacture or dispatch, they may be an estimate based on the rates available at the time the offer was drawn up.

Owing in particular to manufacturing lead times and possible changes in freight, fuel, international transport, insurance or other logistics rates, the actual cost of transport may change between the order date and the dispatch date.

If the actual cost of transport at the time of dispatch exceeds the amount initially estimated, the difference is payable by the customer. Conversely, where SCIOLA IMPORT SARL invoices transport on the basis of its actual cost and that cost is lower than the estimate invoiced, the difference is adjusted in the customer’s favour.

A reasonable and justified increase in transport costs beyond the control of SCIOLA IMPORT SARL does not constitute grounds for cancelling an order whose manufacture or procurement has already begun, subject to applicable mandatory statutory provisions.

The goods may be held back until any transport costs, taxes, duties or other amounts still owed by the customer have been paid prior to dispatch.

7. Right of withdrawal – stock products, special orders and custom-made products

7.1 Customers resident in Switzerland

Under Swiss law, distance purchases do not carry any general statutory right of withdrawal.

SCIOLA IMPORT SARL therefore does not grant customers resident in Switzerland any right of withdrawal or of return for personal convenience, except with the prior written consent of SCIOLA IMPORT SARL.

Any return accepted on a commercial basis may concern only standard products available in the Swiss stock of SCIOLA IMPORT SARL at the time of ordering, in new condition, complete, unused and in their original packaging.

Any product that is not available in our Swiss stock at the time of ordering and that has to be ordered, manufactured, assembled or sourced specifically from our factory or one of our suppliers in order to fulfil the customer’s order is considered a special order. Such orders are firm and cannot be cancelled, taken back or refunded once they have been placed with the factory or supplier.

7.2 Consumers resident in the European Union

Where a right of withdrawal applies under European legislation, the consumer has fourteen (14) days from receipt of the last product of their order to notify their decision to withdraw, without having to give any reason.

The procedure for exercising this right and the model withdrawal form are set out in our returns and withdrawal policy.

The direct costs of returning the goods are borne by the consumer, subject to applicable mandatory statutory provisions.

7.3 Custom-made or personalised products

The right of withdrawal does not apply to products made to the customer’s specifications or clearly personalised, in accordance with the applicable statutory provisions.

This includes in particular:

• products manufactured specifically for a given project;
• products manufactured with a specific power rating, size, light spectrum, configuration or technical characteristics requested by the customer;
• products bearing a marking, label, packaging, brand or design specific to the customer;
• OEM or ODM manufacturing;
• products modified or assembled specifically to meet the requirements of a project;
• products whose specific manufacture has begun following the acceptance of an offer, a quotation or a purchase order, or the payment of a deposit.

Once the manufacture of a custom-made or personalised product has begun in accordance with the customer’s order, the order is firm and cannot be cancelled, returned or refunded merely because the customer has changed their mind, subject to the mandatory rights applicable in the event of a defect, non-conformity or non-performance attributable to SCIOLA IMPORT SARL.

7.4 Out-of-stock products and factory orders

Where products are not available in the Swiss stock of SCIOLA IMPORT SARL at the time of ordering and have to be specially ordered, manufactured, assembled or sourced from a factory or supplier in order to fulfil the customer’s order, the order is considered a special order.

Once the order has been confirmed and procurement or manufacture has begun, the order is firm and cannot be cancelled, taken back or refunded for the customer’s personal convenience, to the extent permitted by applicable law.

This provision applies in particular to business orders and to customers resident in Switzerland.

For consumers resident in the European Union, this provision does not remove a statutory right of withdrawal where that right applies on a mandatory basis. The exclusion of the right of withdrawal applies in particular where the product is made to the consumer’s specifications or clearly personalised.

7.5 Condition of returned products and diminished value

When exercising a statutory right of withdrawal, the customer may handle the product only to the extent necessary to establish its nature, characteristics and proper functioning, in a manner comparable to what would reasonably be possible when examining a product in a shop.

Merely opening the packaging carefully does not result in the loss of the right of withdrawal where that right applies by law.

However, the customer is liable for any diminished value of the product resulting from handling or use beyond what is necessary to establish its nature, characteristics and functioning.

The following, in particular, may result in diminished value: prolonged use of the product, its installation in a commercial operation or growing facility, signs of use or assembly, scratches, soiling or damage, damage to or loss of the packaging, missing accessories, cables, instructions or other supplied items, and any other alteration that prevents SCIOLA IMPORT SARL from reselling the product in a condition equivalent to that of a new product.

In such circumstances, SCIOLA IMPORT SARL reserves the right, within the limits permitted by applicable law, to deduct from the refund an amount corresponding to the loss of value actually suffered by the product.

This diminished value is determined according to the condition of the returned product, its degree of use, any missing or damaged items and the reduction in its resale value.

The direct cost of returning the goods is borne by the consumer where the consumer has been informed of this in advance, in accordance with applicable law.

The above provisions do not apply to products made to the customer’s specifications or clearly personalised where these are excluded from the right of withdrawal by law.

8. Returns, complaints and defects

Delivery errors and apparent defects must be reported to SCIOLA IMPORT SARL within five (5) business days of receipt of the goods, without prejudice to the mandatory rights applicable to consumers.

Any visible transport damage must also be reported to SCIOLA IMPORT SARL without delay and, where possible, be noted as a reservation with the carrier.

No return may be made without the prior written consent of SCIOLA IMPORT SARL and without return instructions having been provided.

Only standard products from the Swiss stock of SCIOLA IMPORT SARL may be taken back on a commercial basis, subject to our prior consent and to any mandatory statutory rights of the customer.

Products ordered or manufactured specially from a factory or supplier because Swiss stock is unavailable or insufficient are not taken back on a commercial basis once the order has been placed with the factory or supplier.

Where the return of a stock product is accepted, the product must be returned complete, unused, uninstalled and undamaged, with its accessories, instructions and original packaging, together with a copy of the invoice or proof of purchase.

Where the return results from an error attributable to SCIOLA IMPORT SARL or from a product acknowledged as faulty, the return costs are covered in accordance with the applicable statutory and contractual provisions.

Where a customer located in the European Union validly exercises their statutory right of withdrawal for an eligible standard product, the direct costs of return are borne by the customer, provided that they have been informed of this in advance. The refund is made in accordance with the applicable statutory provisions.

For customers who do not have a statutory right of withdrawal, where a return is exceptionally accepted by SCIOLA IMPORT SARL, all costs directly or indirectly incurred by the order, its shipment and its return remain payable by the customer or may be deducted from the amount refunded.

This includes in particular outbound and return transport costs, shipping charges, packaging costs, customs duties and charges, VAT and other non-recoverable taxes, customs clearance fees, bank charges, payment fees and any losses or costs resulting from currency fluctuations and conversions.

Custom-made or personalised products, and products ordered specifically from a factory or supplier, are neither taken back nor refunded for the customer’s personal convenience or cancellation once their manufacture or procurement has begun, subject to applicable mandatory statutory provisions.

9. Guarantee on goods and liability

9.1 Guarantee period

Unless otherwise stated on the invoice, the sales contract, the commercial offer or the product page, the products sold by SCIOLA IMPORT SARL carry a commercial guarantee of twenty-four (24) months from the date of delivery.

Certain ranges of LED luminaires may carry an extended commercial guarantee of one (1) to five (5) years. The applicable period is the one stated on the product page, the commercial offer, the sales contract or the invoice.

9.2 Specific guarantee for UV, UVA, UVB and UV-C products

All products, devices, luminaires, modules, tubes, lamps or light sources that use or incorporate UV, UVA, UVB or UV-C technology carry a commercial guarantee limited to twelve (12) months, unless otherwise stated in writing by SCIOLA IMPORT SARL.

This specific period takes into account the nature of these technologies, their shorter service life and the guarantee terms granted by the manufacturers and suppliers of UV and UV-C components.

UV tubes, lamps, LEDs and other UV sources are components subject to wear and to a gradual deterioration in performance depending in particular on the number of operating hours, the number of switching cycles, the temperature and the operating conditions.

The gradual and normal decrease in UV intensity, irradiance or output resulting from the use and ageing of the source does not, in itself, constitute a manufacturing defect covered by the guarantee.

9.3 Conditions of the guarantee

To benefit from the commercial guarantee:

• the product must have been installed and connected in accordance with the instructions of SCIOLA IMPORT SARL and of the manufacturer and, where the nature of the installation or the regulations so require, by a qualified electrician or professional;
• the product must have been used in accordance with its intended purpose, its technical characteristics and the instructions provided;
• the customer must inform SCIOLA IMPORT SARL in writing within thirty (30) days of discovering the defect or malfunction;
• the customer must provide proof of purchase, in particular the corresponding invoice;
• the customer must follow the after-sales service procedure communicated by SCIOLA IMPORT SARL.

SCIOLA IMPORT SARL may request any information needed to analyse the fault, in particular photographs, videos, electrical measurements, operating and installation conditions, the product’s serial number and its operating hours, and, where applicable, the invoice or the installer’s contact details.

SCIOLA IMPORT SARL may also request the return of the faulty product, or only of the components concerned, for analysis.

SCIOLA IMPORT SARL will respond to the guarantee claim within an indicative period of seven (7) business days from receipt of all the information needed to analyse the defect.

9.4 Repair or replacement

After analysis and acknowledgement of a defect covered by the guarantee, SCIOLA IMPORT SARL decides, depending on the circumstances and within the limits permitted by applicable law, whether to repair the product, replace the faulty part or replace the product.

Products or components may be repaired or replaced with new, refurbished or reconditioned components with equivalent or superior characteristics and performance.

Owing to the constant development of LED, electronic and mechanical technologies, the replacement part or product may differ from the original product in design, appearance, component brand or technical construction, provided that it offers equivalent or compatible functionality and performance.

Where the product is of modular design and allows components to be replaced, SCIOLA IMPORT SARL may supply only the part needed for the repair rather than replace the complete luminaire or device.

Replacement products or parts are sent to the customer, who carries out their replacement or installation at their own expense, unless mandatory statutory provisions provide otherwise.

Repaired or replaced products or components do not give rise to a new full guarantee period. They remain covered for the remainder of the guarantee period applicable to the original product, subject to applicable mandatory statutory provisions.

9.5 Availability of parts and lead times

Where a product or component needed for a repair is available in stock, SCIOLA IMPORT SARL endeavours to dispatch it within an indicative period of five (5) business days after the after-sales service case has been approved.

If it is unavailable, in particular in the case of specific products or components that have to be put back into production, manufactured or ordered from the manufacturer, additional time may be required.

The lead time for reproduction or restocking may reach approximately sixty (60) days or more where manufacturing, procurement, transport or component availability circumstances so require.

These lead times are given for guidance only and may be affected in particular by the availability of electronic components, manufacturers’ production capacity, international transport, customs formalities or events beyond the control of SCIOLA IMPORT SARL.

9.6 Business continuity and spare parts

For professional installations or any installation whose shutdown could result in a loss of production or business interruption, SCIOLA IMPORT SARL recommends that the customer keep an appropriate stock of luminaires, devices and/or spare parts.

It is the customer’s responsibility to assess the potential consequences of their installation being out of service and, where appropriate, to take out insurance covering in particular business interruption, loss of production or loss of revenue.

The existence of a guarantee on a product does not constitute an undertaking by SCIOLA IMPORT SARL to guarantee permanent continuity of operations or to supply a replacement device immediately.

9.7 Costs not covered by the commercial guarantee

Unless otherwise agreed in writing or required by mandatory statutory provisions, the commercial guarantee covers the product or component acknowledged as faulty but does not cover the ancillary costs relating to its replacement.

The following are excluded in particular:

• labour costs;
• the cost of call-outs by an electrician or other professional;
• removal and refitting costs;
• travel costs;
• the cost of hiring an aerial work platform, scaffolding or other access equipment;
• work required to gain access to the product;
• modifications to the existing installation;
• loss of production or business interruption resulting from the product being out of service.

Where analysis shows that the defect was caused by the customer, their installer or their installation, or by a cause not covered by the guarantee, the costs of diagnosis, repair, parts, transport, shipping, customs and other associated costs may be invoiced to the customer.

9.8 Exclusions from the commercial guarantee

The commercial guarantee does not cover, in particular, damage or malfunctions resulting from:

• incorrect or non-compliant installation;
• faulty electrical connection;
• a power supply incompatible with the product’s characteristics;
• overvoltage, undervoltage, abnormal voltage fluctuation or other external electrical disturbance;
• misuse or use other than that intended;
• failure to follow the installation, operating or maintenance instructions;
• unauthorised modification, opening or repair of the product;
• improper transport, storage or maintenance;
• exposure to environmental conditions exceeding the product’s specifications;
• normal wear and tear of the product or its components;
• the normal decrease in performance of UV, UVA, UVB or UV-C sources;
• visible or apparent damage that was not reported in accordance with these terms;
• force majeure or an external event such as war, riot, sabotage, fire, explosion, flood, lightning, cyclone, earthquake, tidal wave or other natural disaster.

9.9 Products out of guarantee

When the guarantee period expires, the benefits of the commercial guarantee come to an end.

SCIOLA IMPORT SARL may nevertheless offer, where technically and economically feasible, a repair, a replacement of components or a paid commercial solution.

The costs of diagnosis, parts, repair, transport, customs, labour and other services are then borne by the customer.

SCIOLA IMPORT SARL recommends replacing, or having checked, any luminaire, UV source or component showing signs of wear, deterioration or abnormal operation.

Using a product beyond its guarantee period does not mean that it has reached the end of its service life. However, the customer remains responsible for its maintenance, monitoring and replacement when it shows signs of wear or failure.

9.10 Limitation of liability

To the extent permitted by applicable law, SCIOLA IMPORT SARL cannot be held liable for indirect, consequential or non-material damage resulting from a breakdown, downtime, a defect or the use of its products.

This includes in particular loss of production, loss of crops or yield, business interruption losses, loss of turnover or profit, loss of earnings, staff costs, interest, equipment or aerial work platform hire costs and costs resulting from the interruption of an activity.

Biological, agronomic or production performance depends on many factors independent of the lighting equipment, in particular climatic conditions, genetics, nutrition, irrigation, CO₂, temperature, humidity, growing medium, cultivation methods and the use of the equipment. Unless there is a specific written contractual commitment, SCIOLA IMPORT SARL therefore does not guarantee any particular agricultural yield, biological result, production quantity or economic result solely from the use of its products.

However, nothing in these terms shall exclude or limit any liability or right where such exclusion or limitation is prohibited by an applicable mandatory statutory provision.

9.11 Component guarantees

Certain components built into SCIOLA IMPORT SARL products may also benefit from the guarantees granted by their respective manufacturers.

However, the duration or terms of the guarantee granted by a component manufacturer do not automatically extend the duration of the commercial guarantee granted by SCIOLA IMPORT SARL for the complete product, unless otherwise undertaken in writing.

9.12 Statutory rights of consumers

The commercial guarantee provided for in these terms is separate from any mandatory statutory warranties that may apply.

Where applicable law grants consumers rights that cannot be waived by contract, those rights continue to apply irrespective of the duration and terms of the commercial guarantee granted by SCIOLA IMPORT SARL.

In particular, the twelve (12) month limit on the commercial guarantee for UV, UVA, UVB and UV-C products concerns the commercial guarantee offered by SCIOLA IMPORT SARL and cannot remove any mandatory statutory right applicable to the consumer.

10. Agronomic results

No result is guaranteed in terms of yield, yield increase, concentration of active compounds, sugars or terpenes, or reduction of pathogens. Many factors other than lighting influence these results.

11. Liability

Our liability for indirect damage (loss of production, loss of earnings, hire of replacement equipment) is excluded to the extent permitted by law. No clause of these T&Cs has the effect of limiting liability that the law does not allow to be excluded, in particular towards consumers.

12. Data protection

The processing of personal data is described in our privacy policy, which complies with the Swiss Federal Act on Data Protection (FADP) and, for data subjects in the European Union, with the General Data Protection Regulation (GDPR).

13. Governing law and jurisdiction

These T&Cs and the contracts concluded on their basis are governed by Swiss law. The place of jurisdiction is Aigle (VD), Switzerland. Consumers in the European Union retain the benefit of the mandatory protective provisions of their country of residence and the option of bringing proceedings before the courts of that country.

In accordance with the rules in force since 20 July 2025, no reference to the European online dispute resolution (ODR) platform, which has now closed, is required. In the event of any dispute, we invite you to contact us first at contact@futureofgrow.com in order to seek an amicable solution.