1. Scope

The General Terms and Conditions (referred to as "GTC") are applicable to all legal transactions conducted through the Ethic&Co online shop, accessible at www.ethicco.ch. Ethic&Co, operated by The Roots GmbH, oversees the operations of this website. These GTCs are also enforceable for all legal transactions completed within the framework of the Ethic&Co dealer program. In the dealer program, independent third-party providers (referred to as "dealers") are carefully selected to offer their products and services, under their own name, directly to customers through the Ethic&Co online shop.

Please note that Ethic&Co retains the right to amend these GTCs at its discretion. The version of the GTCs in effect at the time of an order will apply, and it cannot be unilaterally altered for that specific order. Any terms and conditions presented by the customer, which contradict or deviate from these GTCs, will not be acknowledged.

The product and service offerings within the online shop, including those covered by the dealer program, are exclusively intended for customers with their place of residence or business in Switzerland or Liechtenstein. Deliveries are restricted to addresses within Switzerland or Liechtenstein. The offer remains valid as long as the product is discoverable via the search engine on the online shop and while supplies last.

For all product orders with a minimum age requirement of 18 years (particularly for alcohol and tobacco products), customers affirm their compliance with these legal requirements when placing an order. Orders exceeding standard household quantities may be declined without the need for justification.

2. Information

2.1 Product and Price

Please be aware that product images in advertising, brochures, and the online shop are for illustrative purposes and do not constitute a binding agreement. All prices published in the online shop represent final prices, encompassing all taxes, including VAT, prepaid recycling fees (vRG), packaging costs, and any other applicable charges, levies, or costs. Delivery costs, where applicable, are determined by the seller. In the case of orders from multiple sellers, multiple delivery charges may apply. Ethic&Co and its associated dealers retain the right to modify the prices of the products and services on offer at any time. The price listed in the online shop at the time of the order is the decisive factor for the conclusion of the purchase contract.

In the event that a customer places an order with a foreign-based dealer who is not registered in the Swiss VAT register, the customer, as the importer of the dealer's delivered products, is responsible for Swiss import taxes and any customs duties. These anticipated Swiss entry duties are not paid in advance to Ethic&Co and may need to be remitted separately to the supplier, seller, or customs authorities.

2.2 Availability and Delivery

Ethic&Co is committed to providing up-to-date and accurate information regarding product availability and delivery times in the online shop. Nevertheless, it's important to note that, due to production or delivery constraints, delivery delays may occur, both with Ethic&Co and its affiliated dealers.

Therefore, all information on availability and delivery time is provided without guarantee and may change at any time.

3 Conclusion of Contract

The products and prices featured in the online shop are considered offers. However, these offers are always conditional and subject to the possibility of contract dissolution due to delivery unfeasibility or incorrect price representation.

The purchase contract for Ethic&Co's products or services is formed when a customer places an order through the online shop, (referred to as the "purchase contract").

For products and services provided by a dealer, the contract is directly established between the dealer and the customer at the time of ordering through the online shop. Ethic&Co facilitates these transactions. In such cases, Ethic&Co always acts as an intermediary and service provider for the dealer but is not a contracting party with the customer. For products and services offered by a dealer based in Germany or another European country who is not registered in the Swiss VAT register, the purchase contract is based on the price specified in Euro on the online shop. The customer is required to make payments in Swiss Francs.

The online shop and the invoice always clearly identify the provider or contracting party in each purchase (either Ethic&Co or a dealer).

Upon placing an online order, the customer will receive an automatically generated order confirmation from Ethic&Co at the email address provided. This confirmation does not guarantee the product's deliverability but serves as notification that the order has been received by the online shop. Thus, the contract with Ethic&Co or the dealer is established under the condition of delivery feasibility and accurate price representation.

4 Delivery Date

With the order confirmation, the customer is informed of a provisional delivery date, or contact is made with the customer to arrange an individual delivery date.

If Ethic&Co or the dealer is in default of delivery, the customer (except for special orders) has the right to withdraw from the contract from the 30th calendar day after the originally announced delivery date. In this case, Ethic&Co refunds the customer any amounts paid in advance. No further claims against Ethic&Co or the dealer exist.

Upon receiving the order confirmation, the customer will be provided with a tentative delivery date, or Ethic&Co may contact the customer to arrange an individual delivery date.

If Ethic&Co or the dealer fails to meet the delivery deadline, the customer (except for special orders) reserves the right to cancel the contract starting from the 30th calendar day after the originally stated delivery date. In this scenario, Ethic&Co will reimburse the customer for any prepaid amounts. No further claims against Ethic&Co or the dealer will be entertained.

5 Delivery / Store Pickup

For Ethic&Co products and services, customers have a range of delivery and pickup options to choose from, as listed in the online shop under "Delivery and Pickup."

If the dealer operates a physical store, customers can opt for products and services via 'click and collect.'

The customer's delivery address in Switzerland or Liechtenstein must be accessible by truck. If not, any additional costs are to be borne by the customer.

If the 'Delivery to the Place of Use' option is selected, it's the customer's responsibility to ensure that access to the place of use is feasible and assured. The customer should verify whether the product can fit through access points such as stairwells or doors. If transportation to the place of use is unfeasible, any additional costs will be incurred by the customer.

If the customer fails to accept the ordered products on the agreed or specified delivery date, Ethic&Co or the dealer reserves the right to terminate the contract and invoice the customer for delivery costs and any depreciation.

If the customer does not collect products designated for store pickup within 14 calendar days from the availability date at the store, Ethic&Co or the dealer may cancel the contract.

6 Inspection Obligation

The customer is obligated to promptly inspect delivered or picked-up products for accuracy, completeness, and any damage incurred during delivery.

In the case of freight deliveries, any delivery damage should be documented on the delivery note.

Delivery damages, incorrect deliveries, and incompleteness, including all products and services from a dealer, must be reported to Ethic&Co within 5 calendar days from the pickup or delivery date. The customer should be aware that such reports need to be submitted through their personal customer account on the online shop, specifically within the 'Return, Repairs, and Support' section. These products must not be put into operation by the customer; they should be retained in their original packaging as advised when requested a return.

7 Warranty

7.1 Basic Provisions

Ethic&Co and the dealer provide a warranty for the product's freedom from defects and functionality for a period of 2 years following delivery or store pickup. The warranty period remains in effect regardless of any warranty services provided.

Ethic&Co and the dealer may fulfill the warranty in the following ways:

1. Free repair (the original warranty period continues for the entire product).

2. Partial or complete replacement with an equivalent used product (if replaced during the 1st year of the warranty, the original warranty period continues; if replaced during the 2nd year of the warranty, the warranty period is 1 year from the replacement).

3. Replacement with a new product(with a new warranty period of 2 years from the replacement).

4. Reduction.

Wear parts, including but not limited to batteries, accumulators, power cables, adapters, light bulbs, and software issues, are not covered by the warranty from both Ethic&Co and the dealer. Additionally, the liability exclusions under clause 8 apply.

If the manufacturer's warranty exceeds the warranty provided by Ethic&Co or the dealer, the customer is entitled to the manufacturer's warranty as well.

When handing over a data carrier or a product with included data storage to Ethic&Co or the dealer, the customer must be prepared for the complete loss of data under any circumstances. The customer is responsible for adequate data backup and the protection of their data. Ethic&Co and the dealer bear no responsibility for any data loss.

Both Ethic&Co and the dealer may, at their discretion during the examination of the warranty claim, provide the customer with a replacement device. This is done under the (suspensive) condition that there is indeed a warranty case. Thus, the customer only gains ownership of the replacement product upon approval of the warranty claim by Ethic&Co or the dealer. If a warranty claim is rejected by Ethic&Co or the dealer, the customer has the option to purchase the replacement device at the market value at the time of handover or is obliged to return the replacement device at their own expense.

All other provisions, especially statutory provisions on warranty, are excluded.

8 Liability and Disclaimer

8.1 Liability

Liability is determined by applicable statutory provisions. However, Ethic&Co and the dealer shall not be liable under any circumstances for (i) minor negligence, (ii) indirect and consequential damages, loss of profit, (iii) unrealized savings, (iv) damages due to delayed delivery, and (v) actions and omissions of Ethic&Co's or the dealer's assistants, whether contractual or non-contractual.

Furthermore, Ethic&Co and the dealer disclaim liability in the following cases:

1. Improper, contractual, or unlawful storage, settings, or usage of the products. 2. Use of incompatible replacement or accessory parts (e.g., power supplies). 3. Neglect of maintenance and/or improper modification or repair of the products by the customer or a third party. 4. Force majeure, especially elemental, moisture, fall, impact damages, etc., that are not attributable to Ethic&Co, and official orders.

8.2 Limitation of Liability

Ethic&Co completely disclaims any liability for losses or damages of any kind, whether direct, indirect, or consequential damages, arising from the use or access to the Ethic&Co websites or links to third-party websites. Ethic&Co does not guarantee flawless functionality of individual parts of its website. Furthermore, Ethic&Co disclaims any liability for unauthorized manipulation of the IT system of Internet users.

For more detailed information, please refer to the disclaimer.

9 Payment

9.1 Payment Options

Ethic&Co directly asserts all payment claims for products and services purchased through the online shops of Ethic&Co to the customer. With the conclusion of the purchase contract, the dealer assigns the entire payment claim arising within the framework of the purchase contract between them and the customer to Ethic&Co. The customer acknowledges this assignment and is obliged to make all payments exclusively to Ethic&Co.

- Payments must be made in Swiss Francs.

- Cash payment is not possible.

- The customer has the payment options offered in the online shop under "Payment Options."

- The current payment method fees, if charged by Ethic&Co, are visible under "Payment Options" and are detailed during the order process.

- For credit card payments or other instant payment methods, the charge is made at the time of the order.

- In the case of advance payment, delivery will only take place after receipt of payment.

9.2 Late Payment

If the customer wholly or partially fails to meet their payment obligations, all outstanding amounts that the customer owes to Ethic&Co under any title become immediately due (within 8 calendar days after the first reminder for advance payment), and Ethic&Co can immediately demand them and stop further deliveries of products to the customer.

For the 2nd reminder, Ethic&Co imposes a processing fee of CHF 5.–, and for the 3rd reminder, a processing fee of CHF 25.–. In case of unsuccessful reminders, the invoice amounts may be assigned to a debt collection company. In such a scenario, an effective annual interest rate of up to 10% on the due invoice amount could be applied. The debt collection company will pursue the outstanding amounts in its name and at its own expense and may levy additional processing fees.

9.3 Retention of Title

Ordered products remain the property of Ethic&Co or the dealer until full payment has been made to Ethic&Co. Ethic&Co or the dealer is authorized to record a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, security assignment, processing, or transformation without the explicit consent of Ethic&Co is prohibited.

10 Amendment of the Order or Cancellation

Orders obligate the customer to accept the products and services. Ethic&Co or the dealer may, at their discretion, accept subsequent changes or cancellations of customer orders and impose a processing fee of 10% of the canceled order value, or at least CHF 60.–, along with any depreciation of the canceled products since the time of the order.

If, after an order or contract conclusion according to section 3, a (partial) impossibility of delivery (resolutive condition) occurs, the customer will be promptly informed by email. If the customer has already made a payment, it will be refunded. If no payment has been made, the customer will be exempt from the payment obligation. Further claims due to delivery delays or failure of delivery are excluded.

11 Return of Non-Defective Goods

Subject to the conditions specified in the return policies, Ethic&Co or the dealer grants the right to return ordered products. Information regarding whether and for how long a product can be returned is available on the respective product page under "Returns and Warranty."

The customer must initiate the return of the products through their personal customer account. The products should be correctly packaged in the original packaging with all accessories. Damaged products will not be accepted for return and may be fully invoiced to the customer.

When delivering a data carrier or a product with integrated data storage to Ethic&Co or the dealer, the customer must be prepared for the possibility of complete data loss. The customer is responsible for proper data backup and safeguarding their data. Ethic&Co or the dealer bear no responsibility for data losses.

If the customer exercises their right of return, Ethic&Co will refund the entire purchase price minus the return shipping costs outlined in the return policies. The return is free of charge for the customer only if indicated by Ethic&Co or the dealer on the product page.

In this context, the customer affirms to Ethic&Co that the information and listing of the returned products, as per the return form generated by the customer in the return process, are complete and accurate, and the return shipment contains the products specified in the return form. The customer indemnifies Ethic&Co from all third-party claims related to an incomplete or incorrect customs declaration caused by the customer. Ethic&Co has the right to verify the information provided by the customer through random checks.

12 Repair Outside of Warranty

The costs for a repair outside of the warranty as per section 7 are the responsibility of the customer. For devices that exhibit no detectable faults or where the defect is not covered by the warranty as per section 7, Ethic&Co or the dealer reserves the right to charge the customer for the cost of inspecting the alleged defect and the associated shipping costs.

13 Community

By posting comments and content in our community, the author confirms their agreement with the Community Terms of Ethics & Co.

14 Additional Provisions

14.1 Unassignable Returns

Returns that cannot be attributed to any customer or cannot be returned to the customer will be retained by Ethic&Co or the dealer for a duration of six months and subsequently disposed of.

14.2 Unclaimed or Undeliverable Warranty Goods

If goods related to warranty services as per section 7 are not collected at the dealer's store within six months from the dispatch of the collection request to the customer, or if the goods cannot be returned to the customer, the dealer is authorized to dispose of the goods, including their disposal.

14.3 Data Protection

The processing of personal data by Ethic&Co is subject to the Privacy Policy.

14.4 Partial Invalidity

If individual provisions of these terms and conditions are invalid or ineffective, it does not affect the validity of the remaining provisions and these terms and conditions as a whole.

14.5 Jurisdiction and Applicable Law

All legal relationships between Ethic&Co or a dealer and the customer are subject to Swiss substantive law. The Vienna Sales Convention is not applicable.

The following exclusive places of jurisdiction apply:

For all claims arising from purchase contracts in which Ethic&Co is a party: For consumer claims, their place of residence or Wil is the place of jurisdiction. In all other cases, Wil is the exclusive place of jurisdiction.

For all claims arising from purchase contracts in which a dealer based in Switzerland is a party: For consumer claims, their place of residence or the dealer's registered office is the place of jurisdiction. In all other cases, the dealer's registered office is the exclusive place of jurisdiction.

For all claims arising from purchase contracts in which a dealer based abroad is a party: In all cases, the place of residence/registered office of the customer is always the exclusive place of jurisdiction.

14.6 Copyright Notice

All rights, especially copyright, to these terms and conditions belong to Ethic&Co. Any reproduction, distribution, or other use is prohibited and only permissible with the express written consent of Ethic&Co. In case of a violation of this requirement, Ethic&Co reserves the right to take legal action.

15 - Prohibited Use

In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the website or its content for the following purposes: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

16 - Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

17 – Contact of Information

Questions about the Terms and Conditions should be sent to us at katharina@ethicco.ch.