Terms and Conditions of Sale — European Union
These terms apply to orders delivered to France, Germany, Spain and Italy. For orders delivered within Switzerland, see our Swiss terms and conditions of sale.
1. Scope
These Terms and Conditions of Sale (the “Terms”) govern all contractual relations between Swissness Group SA, a Swiss public limited company having its registered office at route des Marais 10a, 2074 Marin-Epagnier, Switzerland, entered in the commercial register of the canton of Neuchâtel under business identification number CHE-474.510.572 (“Swissness Group”, “we”), operating the brand AUA Hydrate, and any consumer residing in the European Union (the “Customer”, “you”) making a purchase on the website aua-hydrate.com (the “Site”).
A consumer is any natural person of full age acting for purposes outside their trade, business, craft or profession.
Placing an order implies unreserved acceptance of these Terms. The version applicable to an order is the one in force on the day the order is placed.
2. Seller identification
Swissness Group SA
route des Marais 10a, 2074 Marin-Epagnier, Switzerland
Commercial register of the canton of Neuchâtel — Business identification number: CHE-474.510.572
Brand: AUA Hydrate
Email: info@aua-hydrate.ch
Customer service: Monday to Friday, 9 a.m. to 5 p.m. (CET)
Site host: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.
3. Products
Under the AUA Hydrate brand, Swissness Group sells food supplements in powder stick form, intended to be dissolved in water. They fall under Directive 2002/46/EC on food supplements and Regulation (EU) No 1169/2011 on the provision of food information to consumers.
The essential characteristics of the products (composition, nutritional values, directions for use, allergens) appear on the Site's product pages and on the packaging. Photographs are illustrative and may differ slightly from the product delivered.
Mandatory statements. Food supplements should not be used as a substitute for a varied and balanced diet or a healthy lifestyle. Do not exceed the recommended daily dose (maximum 3 sticks per day). Keep out of reach of young children. Food supplements are not medicinal products and are not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, breastfeeding, taking medication or have a particular medical condition, seek your doctor's advice before use.
4. Ordering
The Customer places an order by following the Site's purchase path: product selection, adding to basket, entering their details, choosing delivery and payment methods, then final confirmation. Before confirming, the Customer is shown a detailed summary allowing them to check and correct their order.
Confirmation, marked “order with obligation to pay”, constitutes acceptance of the Terms, the prices and the product descriptions. The contract is concluded when Swissness Group sends the Customer an order confirmation by email, on a durable medium.
Swissness Group reserves the right to refuse or cancel any order on legitimate grounds, in particular where the order is abnormal in quantity or where a previous dispute remains unresolved.
5. Prices, VAT and customs duties
Prices are displayed in euros (EUR), inclusive of all taxes, including the VAT applicable in the country of delivery. Delivery charges are shown separately before the order is confirmed and repeated in the summary.
As the products are shipped from Switzerland, import VAT is paid by Swissness Group at the time of purchase through the Import One-Stop Shop (IOSS). No customs duty, additional tax or handling fee will be charged to the Customer on delivery. The price displayed is the final price paid.
Swissness Group reserves the right to change its prices at any time; products are invoiced on the basis of the rates in force when the order is confirmed.
6. Payment
Payment is due immediately on ordering. Accepted: payment cards (Visa, Mastercard, American Express), PayPal, Klarna, Apple Pay and Google Pay, according to the methods offered at checkout.
Transactions are secured and subject to strong customer authentication (PSD2). Swissness Group never stores the Customer's full payment card details.
7. Delivery
Products are delivered to the address given by the Customer, in the following countries: France, Germany, Spain, Italy.
- Delivery charge: €6.90
- Free delivery from €79
- Indicative lead time: 3 to 5 working days after dispatch
Unless otherwise stated, Swissness Group undertakes to deliver no later than thirty (30) days after conclusion of the contract. If that period is exceeded, the Customer may require Swissness Group to deliver within a reasonable additional period; failing performance, the Customer may terminate the contract and obtain a full refund within fourteen (14) days.
Risk of loss or damage passes when the Customer, or a third party designated by them other than the carrier, takes physical possession of the parcel.
8. Right of withdrawal
In accordance with Directive 2011/83/EU on consumer rights, the Customer has fourteen (14) calendar days to exercise their right of withdrawal without giving any reason and without incurring any penalty.
The period runs from the day on which the Customer, or a third party designated by them other than the carrier, takes physical possession of the last item of the order.
8.1 Exception for unsealed products
Pursuant to Article 16(e) of Directive 2011/83/EU, the right of withdrawal cannot be exercised for sealed goods which are not suitable for return for health protection or hygiene reasons and which were unsealed after delivery.
In practice: our pouches are delivered sealed. A pouch whose seal has been opened can no longer be taken back or refunded. A pouch that has remained intact and sealed may be returned on the conditions below.
8.2 How to exercise it
To exercise the right of withdrawal, the Customer notifies their decision by an unambiguous statement sent by email to info@aua-hydrate.ch. They may use the model form appended to these Terms, though this is not compulsory.
The Customer returns the products without undue delay and no later than fourteen (14) days after communicating their decision. The direct cost of returning the goods is borne by the Customer. That cost depends on the carrier chosen and the origin; by way of indication, national postal operators charge between €15 and €30 for a return to Switzerland.
The Customer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.
8.3 Refund
Swissness Group refunds all sums paid, including the standard delivery charges initially invoiced, without undue delay and no later than fourteen (14) days from the day it is informed of the decision to withdraw.
Swissness Group may withhold the refund until it has received the goods back, or until the Customer has supplied evidence of having sent them back, whichever is the earlier. The refund is made using the same means of payment as the initial transaction, unless the Customer expressly agrees otherwise, and at no cost to them.
If the Customer chose a delivery method more expensive than the standard one offered, the additional cost is not refunded.
9. Legal guarantee of conformity
Swissness Group must deliver goods that conform to the contract, in accordance with Directive (EU) 2019/771. The Customer benefits from the legal guarantee of conformity for two (2) years from delivery of the goods, subject to the best-before date shown on the packaging.
In the event of a lack of conformity, the Customer may require the goods to be brought into conformity by replacement or, where that is impossible or disproportionate, obtain a price reduction or termination of the contract with a refund.
The Customer additionally enjoys the rights conferred by the mandatory law of their country of residence.
Damaged product or order error. The Customer informs Swissness Group at info@aua-hydrate.ch, with a photograph. After verification, Swissness Group arranges replacement or a full refund, free of charge and without any need to return the product concerned.
10. Retention of title
Swissness Group retains ownership of the products delivered until the price has been paid in full. This retention does not affect the passing of risk provided for in clause 7.
11. Complaints and dispute resolution
Any complaint may be sent to info@aua-hydrate.ch. Swissness Group undertakes to acknowledge receipt within 48 working hours and to provide a reasoned reply within a maximum of fourteen (14) days.
Consumer alternative dispute resolution. Swissness Group SA is established in Switzerland, a country outside the European Union. As the consumer ADR schemes set up by Directive 2013/11/EU are reserved for traders established in a Member State, Swissness Group does not currently subscribe to any such scheme, and no mediation procedure can be brought against it by that route. Swissness Group therefore prioritises the direct, prompt and documented handling of complaints, in accordance with the arrangements described above.
If the prior complaint fails, the consumer Customer retains in full the rights conferred on them by law. In particular, they may bring the matter before the competent court and, in accordance with clause 16 of these Terms, bring proceedings before the courts of their country of habitual residence.
12. Limitation of liability
Swissness Group cannot be held liable for damage resulting from use that does not comply with the instructions on the packaging and on the product pages (exceeding the recommended daily dose, disregarding contraindications, undeclared allergies).
Nothing in these Terms limits or excludes Swissness Group's liability in the event of death, personal injury, intentional fault or gross negligence, nor affects the Customer's mandatory rights under Directive 85/374/EEC on liability for defective products.
13. Personal data
Personal data collected is processed in accordance with Regulation (EU) 2016/679 (GDPR) and our Privacy Policy. The Customer has rights of access, rectification, erasure, restriction, objection and portability, exercisable at info@aua-hydrate.ch. They may also lodge a complaint with the supervisory authority of their country of residence.
Transfers of data to Switzerland are made on the basis of the European Commission's adequacy decision recognising that Switzerland ensures an adequate level of protection.
14. Intellectual property
All elements of the Site (texts, images, visual identity, logo, AUA Hydrate brand, formulas) are the exclusive property of Swissness Group SA. Any reproduction, representation or exploitation without prior written authorisation is prohibited.
15. Force majeure
Swissness Group cannot be held liable for non-performance or delayed performance of its obligations resulting from an event of force majeure, that is, an event beyond its reasonable control which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures.
16. Governing law and jurisdiction
These Terms are governed by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
This clause does not, however, deprive the consumer Customer of the protection afforded by the mandatory provisions of the law of their country of habitual residence, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I).
Likewise, in accordance with the Lugano Convention of 30 October 2007, the consumer Customer may bring proceedings before the courts of their own country, and may be sued by Swissness Group only before those same courts.
17. Amendments
Swissness Group reserves the right to amend these Terms at any time. The version applicable to an order is the one in force on the day it is confirmed.
Annex — Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To Swissness Group SA, route des Marais 10a, 2074 Marin-Epagnier, Switzerland — info@aua-hydrate.ch
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*) / received on (*): ......................................
Order number: ......................................
Name of consumer(s): ......................................
Address of consumer(s): ......................................
Signature of consumer(s) (only if this form is notified on paper): ......................................
Date: ......................................
(*) Delete as appropriate.
European Union terms and conditions — version 1.1, 14 August 2026.
