General Terms and Conditions

1. Applicability and Scope

General Information

The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between NaturalAqua, Spielzeug3 AG (hereinafter referred to as “NaturalAqua”, “us” or “we”) and the customer (hereinafter referred to as “customer”, “buyer” or “you”) for physical products (hereinafter referred to as “products” or “goods”) purchased via our website [https://naturalaqua.ch] (hereinafter referred to as “online shop” or “website”).

The website and the online shop are operated by:

NaturalAqua
Spielzeug 3 AG
Tramstrasse 66
CH 4142 Münchenstein

UID No. CHE-103.107.876
Phone: +41 61 511 92 12
Email: info@naturalaqua.ch

Individual agreements concluded with the customer take precedence over these GTC. Conflicting terms and conditions of the customer are not recognized.

NaturalAqua reserves the right to amend these GTC at any time. All changes become effective upon publication of the new GTC on the website. The relevant time for the applicability of the valid GTC when purchasing a product is the date of submission of the binding order to us.

Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions as well as our Privacy Policy and declare that you are authorized to enter into legally binding contracts and are at least 18 years old.

2. Conclusion of a Purchase Agreement

The presentation of products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online shop. NaturalAqua expressly reserves the right to change the products themselves, as well as the content, such as images, assortment, prices, and descriptions of our products, at any time and without prior notice. Illustrations, images, brochures, advertisements, and other information related to our products are for informational purposes only and are not binding on NaturalAqua.

The customer can place a binding order for the selected products via our online shop. The customer can place the products they select in the “shopping cart”. This is not yet considered a binding order. An order is only considered binding when the customer clicks the button [“order with obligation to pay”] on the order page at the end of the ordering process. Before submitting the order, the customer can change and view the details at any time, identify any input errors, and correct them if necessary before the final binding submission of the order.

An order confirmation will be sent to the customer immediately and automatically by email. This confirmation email contains your order data and our GTC accepted by you during the ordering process. The confirmation email only serves as information that we have received your order. An purchase agreement is not yet concluded by the automatic order confirmation. By submitting the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out the GTC for the purpose of online ordering and your documentation or save them on your computer.

After you have placed a binding order, NaturalAqua is free to either accept the order at its sole discretion or reject it by sending a corresponding notification by email and without assuming liability towards you or third parties. Any payment already made will be refunded to you if the order is cancelled. Reasons for rejecting an order may include, for example, if a product is no longer available, if we cannot obtain authorization for the customer’s payment, or if there is reason to believe that the customer is acting in violation of these GTC, individual agreements, fraudulent or other criminal activities, or for any other important reason.

Upon acceptance of the order, a binding purchase agreement is concluded with the customer. This acceptance occurs with the shipment of the ordered goods.
Any commercial distribution or resale of our products is strictly prohibited.

3. Availability and Reservation of Performance for Unavailable Products

All information regarding the availability of our products and the shipping and delivery of our goods are preliminary and approximate values. They do not constitute binding or guaranteed shipping or delivery dates. Liability for unavailable goods or for delays in shipping or delivery of goods is expressly excluded.

Our products are available as long as stocks last. If NaturalAqua determines during the processing of your order that the goods you ordered are not available, we will inform you immediately. In this case, a contract for the unavailable goods will not be concluded, as the ordered goods cannot be delivered.

Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by email.

4. Prices and Shipping Costs

Our products and prices correspond to those indicated on the website. All prices are in CHF (Swiss Francs) and include the statutory value-added tax (VAT). The total price of your order, including any ancillary and shipping costs and the VAT payable for the respective country, will be displayed at the end of the ordering process.

By placing a binding order, you declare that you agree to the total price for the ordered products. After the binding order, the price cannot be adjusted.

NaturalAqua reserves the right to change prices at any time. Products will be charged based on the prices offered at the time the binding order was placed.

5. Payment Terms/Credit Check

Orders are generally due for immediate payment.

The customer has the option to pay with the payment methods displayed on the website or during the ordering process. These may change from time to time and vary by country. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (e.g., to secure our credit risk, only those corresponding to the respective creditworthiness). NaturalAqua is expressly authorized by the customer to carry out credit checks at its own discretion and, for this purpose, to pass on customer data to third parties if necessary.

By choosing the payment method, the customer authorizes payment either by entering credit card details or login data of a payment service provider. The customer authorizes NaturalAqua to collect or debit payments in the appropriate manner. Should chargebacks occur, NaturalAqua is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, NaturalAqua is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment according to your order.

If you pay by credit card or an alternative payment method, we reserve the right to verify the validity of the card, check the availability parameters for collection and address data, and request authorization from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and the payment data entered is correct. In case of payment rejection, NaturalAqua reserves the right to cancel the order and stop the shipment of products. In this case, we will contact you immediately.

6. Delivery Conditions

Delivery is generally made via the DPD AG delivery service. For deliveries within Switzerland, unless otherwise indicated at checkout, a flat shipping fee of CHF 6.50 will be charged.

Goods you order in our online shop that are in stock will be delivered to you within 2-4 business days after receipt of full payment, depending on the destination.

If products are marked as out of stock when ordered, NaturalAqua will endeavor to deliver the goods as quickly as possible. NaturalAqua makes every effort to adhere to the stated delivery times. However, NaturalAqua is not responsible for delivery delays, regardless of their causes. We will inform you of any delivery delays that occur.

If the impediment to performance lasts longer than 3 weeks after the original delivery date, the customer is entitled to withdraw their order. Further claims, in particular claims for damages, are excluded.

Should the delivery of the goods fail due to the customer’s fault despite two delivery attempts, NaturalAqua may withdraw from the contract. Any payments made will be refunded.

7. Retention of Title

NaturalAqua remains the owner of the delivered goods until they have been paid for in full.

8. Right of Withdrawal and Return

Prerequisites

For all purchases of our goods via our online shop, as a consumer, you have a right of withdrawal within 14 days of receipt of the goods without stating reasons. You can withdraw from the contract within 14 days of receipt of the goods, or a third party designated by you who is not the carrier, by returning the goods to us, NaturalAqua, Spielzeug 3 AG, Tramstrasse 66, CH 4142 Münchenstein, or by notifying us of your clear declaration of withdrawal in text form (e.g., a letter sent by post, email, or fax) of your decision to withdraw from the contract. The 14-day return period begins on the day after receipt of the goods and is met if the goods or the withdrawal notification are handed over for return or dispatch to the post office or another transport company on the last day.

A prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete, intact, and in their original packaging. The goods, together with the completed return slip, must be sent to the following address: NaturalAqua,
Spielzeug 3 AG, Tramstrasse 66, CH 4142 Münchenstein

Consequences of Withdrawal

If you withdraw from the contract, and upon proper return of the goods, we will refund the total price paid by you, including delivery costs (with the exception of costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your withdrawal from this contract and/or the goods have been received by us. The refund will be made using the original payment method and will always be credited to the associated account used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. Please ensure that you have access to the specified account, as NaturalAqua assumes no liability in this regard.

We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Restrictions on Withdrawal

The right of withdrawal is excluded for the following contracts:

• Delivery of products that have been individualized according to your own specifications or that are clearly tailored to your needs (so-called customized, individualized products);

• if the delivery concerns products that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery.

9. Notification of Defects/Warranty

NaturalAqua warrants that the goods correspond to the promised characteristics and are free from defects that impair their value or suitability for the intended use.

Upon receipt of the products, the customer must immediately check them for correctness, completeness, and any damage. Errors or damage must be reported to Muster AG within 3 business days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not inspect the defect or report it immediately, the product is deemed approved, and you are no longer entitled to assert claims against us.

The statutory warranty provisions against manufacturing defects/material or production defects apply. The warranty period is 2 years from receipt of the product. Products damaged by the buyer’s own fault are excluded from the warranty.

The customer’s warranty claims are limited to replacement delivery or rectification of defects/repair, to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damages. NaturalAqua decides at its own discretion on replacement delivery or repair. If subsequent delivery or repair fails, the customer is entitled to withdraw from the contract in the case of significant defects.

For complaint notifications or service inquiries, please contact us at the following address with the order number, customer number, a description of the error, and other helpful information: NaturalAqua, Spielzeug 3 AG, Tramstrasse 66, CH 4142 Münchenstein, info@naturalaqua.ch

The defective product must be returned to the above address of 3 AG with a copy of the invoice and a detailed description of the defect. The return of a product is at the customer’s expense and risk. Please have your return confirmed and keep this confirmation, as your warranty claim cannot be processed in the event of package loss.

10. Account Registration

When registering a customer account, you can view information about your completed, open, and recently shipped orders and manage and save your address data, any payment data, and any newsletter subscriptions. Since your data is stored, you do not have to re-enter it for a new purchase.

If you register for such an account, you are responsible for ensuring that your personal data required for registration is provided truthfully and completely. You are obliged to treat your personal access data confidentially and not to make it accessible to unauthorized third parties. NaturalAqua assures that it will treat your data confidentially and not pass it on to unauthorized third parties. Further information on data protection can be found in our Privacy Policy.

Registration is free of charge. Each customer is only entitled to maintain one customer account. We reserve the right to delete multiple applications and to admonish, block, or delete or change the content of registered customers who violate these GTC or individual agreements.

NaturalAqua is not obliged to accept the registration or the order of a registered customer.

11. Complaints and Grievances

We attach great importance to customer satisfaction. You can reach us at any time using the contact information provided at the beginning. We endeavor to review your inquiries and complaints as quickly as possible and will contact you after receiving the documents or your input or complaint. If you have complaints or grievances, please help us by informing us of the exact problem or error symptoms and, if applicable, providing a copy of the order documents or at least stating the order number, customer number, etc. We aim to respond to you within 1-2 business days.

12. Liability

NaturalAqua is liable for damages caused and proven by unlawful intent or gross negligence in the event of a breach of its own obligations arising from these GTC and the contractual relationships based thereon. Liability for slight and medium negligence as well as for indirect and consequential damages, whether based on a contract, tort, or any other reason, is expressly excluded. Indirect damages include, for example, loss of profit, financial losses, reputational damage, damage caused by computer viruses or data loss due to temporary impairments or interruptions in the availability of 3 AG’s services. Furthermore, NaturalAqua assumes no contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.

The foregoing exclusions and limitations of liability do not apply to culpable injury to life, body, and health directly caused by NaturalAqua, nor in the case of mandatory legal regulations, including the regulations of the Product Liability Act.

Subject to the foregoing, the total liability under these GTC, regardless of the reason, and to the extent permitted by law, is limited to the

Event Beyond Our Control
In the event of an occurrence beyond our control (so-called force majeure), we assume no liability or responsibility for the non-fulfillment or delayed performance of any obligations arising from these GTC and the contractual relationship based thereon. An event beyond our control exists, for example, in the following cases:

in the event of strikes, lockouts, or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, road routes, or other means of public or private transport.

Should an event beyond our control occur that affects the fulfillment of our obligations under the contract, we will inform you as soon as possible.

13. Data Protection

NaturalAqua collects and processes personal data only within the framework of legal provisions, in particular in compliance with applicable data protection laws. Further information on the processing of your personal data, your rights, and related questions can be found in our Privacy Policy, which forms an integral part of these GTC.

14. Copyright

The information and content published on the website are protected by copyright and are the property of NaturalAqua or the respective rights holder. Reproduction, editing, distribution, or any other form of exploitation is not permitted and requires the prior written consent of the respective rights holder. NaturalAqua and the corresponding rights holder expressly reserve all related rights.

15. Severability Clause

The European Commission has established an online platform for alternative dispute resolution procedures for consumers residing in the EU, which provides an out-of-court procedure for resolving all disputes related to and arising from online sales contracts. You can use this platform to resolve disputes arising from the online contract concluded with us. The platform is available at the following link: http://ec.europa.eu/consumers/odr/

17. Applicable Law and Jurisdiction

These GTC, the contractual relationships based thereon, and any disputes shall be governed exclusively by substantive Swiss law, to the exclusion of conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for natural persons is the registered office of NaturalAqua or the customer’s place of residence. For legal entities, the registered office of NaturalAqua shall be the exclusive place of jurisdiction.

These provisions apply only insofar as there are no mandatory provisions of the law of the state in which the consumer has their habitual residence that take precedence over these GTC.

Münchenstein, August 2021