Terms and Conditions

• These General Terms and Conditions (GTC) apply, in the version valid at the time of order placement, to all business relations, contracts, and monthly subscription services concluded via our website drinkguut.com between Smart Beverages AG and our customers.
• The products and services offered on this website are intended exclusively for consumers residing in Switzerland and Liechtenstein. Orders in quantities exceeding typical household use or commercial distributor volumes may be refused or canceled at our sole discretion without prior explanation.
• Any conflicting, deviating, or alternative terms and conditions provided by a customer will not be recognized unless explicitly accepted by us in writing.

• All product descriptions, ingredient call-outs, visual layouts, can mockups, and performance illustrations published on drinkguut.com serve purely illustrative purposes and are considered approximate, non-binding guidelines.
• All sales prices listed on drinkguut.com are final prices net in Swiss Francs (CHF) and include statutory Swiss Value Added Tax (MWST), where applicable.
• Shipping costs are calculated and clearly displayed separately during the order checkout process. We reserve the right to alter pricing configurations, flavor assortments, or active bundle thresholds at any time without notice.
• While we strive to ensure total accuracy across our webstore, structural errors, omissions, or stock inaccuracies may occur. All online offers are non-binding and do not constitute a structural guarantee of immediate delivery availability.

• The presentation of products, pricing combinations, and multi-pack options on our website does not represent a legally binding offer from our side. Simply adding a sleek can configuration to your digital shopping cart does not execute an order.
• By placing an order via this website and accepting these Terms and Conditions, the customer submits a legally binding offer to conclude a contract.
• Upon receiving your submission, drinkguut.com will generate an automated email confirming that your order offer has been received ("Order Confirmation"). Orders placed are binding for the customer. Unless otherwise stated, there is no automatic right of return or cancellation.
• The contract is officially concluded and executed only as soon as Smart Beverages AG sends an explicit declaration of acceptance by email, confirming the shipment of the ordered products or services, or when the physical beverage goods are handed over to our postal or logistics fulfillment carriers.
• Orders will only be shipped after full payment has been received (with the exception of delivery against invoice, where offered) and provided the goods are available. If it turns out that the ordered goods cannot be delivered, or cannot be delivered in full, Smart Beverages AG is entitled to refuse, cancel, or only partially accept or fulfill the order. In such a case, Smart Beverages AG will inform the customer by email. If the customer's payment has already been received, the payment will be fully refunded to the customer. If no payment has yet been made, the customer will be released from the obligation to pay.

• The customer has access to the payment options specified and displayed during the ordering checkout process (including TWINT, Stripe, Apple Pay, and PayPal).
• Smart Beverages AG reserves the right to exclude customers from individual payment options or to insist on prepayment or advance payment clearings without giving reasons.
• In the event of late payment by the customer, Smart Beverages AG may charge default interest of 5% per year and a reminder fee of up to CHF 20 per reminder.
• The products delivered to the customer remain the exclusive property of Smart Beverages AG until full and final financial payment has been successfully received.

By enrolling in our recurring monthly subscription service on drinkguut.com, you explicitly accept the following structural terms:

• Automatic Billing: Your subscription automatically renews at the designated interval. Your registered financial payment method will be systematically billed on a recurring basis at our standard subscription rate.
• Flexible Cancellation & Freedom: You retain complete flexible control over your subscription profile. You may skip an upcoming delivery, modify your underlying flavor selections, or cancel your active subscription entirely via your digital account portal dashboard.
• Deadlines for Modifications: To successfully halt a recurring cycle, modifications or cancellation requests must be executed through your web account portal or sent via written email notice to hello@drinkguut.com at least three (3) business days prior to your next scheduled recurring billing date. Once an individual subscription order has been processed or dispatched to our logistics carrier, that specific cycle can no longer be canceled or recalled.

• Deliveries are sent by post or courier service to the physical address specified by the customer in the order. Deliveries are restricted exclusively to shipping destinations within Switzerland and Liechtenstein.
• Smart Beverages AG strives to maintain the shortest possible delivery times. However, any delivery times stated in the order confirmation are non-binding operational estimates.
• Smart Beverages AG is explicitly entitled to make partial deliveries if necessary. In this case, the additional shipping costs will only be charged to the customer once; any extra transport costs will be covered by us.
• If delivery against invoice is offered, the invoice will be sent by email or post at the sole discretion of Smart Beverages AG.
• If delivery is not possible or the customer refuses to accept delivery, Smart Beverages AG may terminate the contract after notifying the customer by email and allowing a reasonable grace period, and may also charge the customer for all resulting expenses, transport fees, or administrative costs incurred.
• Drop Authorization: If the customer is not present at the time of delivery, our logistics partners are authorized to leave the package at the front door, apartment reception, or a designated drop location. Smart Beverages AG excludes all liability for theft, weather exposure, or container damage once the package has been deposited at the delivery site.
• Inspection Duty: The customer is legally obliged to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which Smart Beverages AG provides a warranty without delay in writing via email to hello@drinkguut.com. This notification of defects must occur within 48 hours of parcel delivery. If no complaint is filed within this timeframe, the delivered products are legally deemed approved, fault-free, and fully accepted by the customer.
• Return Conditions: Returns to Smart Beverages AG are strictly at the customer's expense and risk. Following a timely defect report, the customer must send the goods in their original packaging, complete with all accessories, along with the original delivery note and a detailed written description of the defects, to our official return address specified in Section 14.
• Defect Verification: If, during the structural inspection by Smart Beverages AG, it is determined that the returned goods have no detectable defects or that these are not covered by our product warranty (e.g., damage due to improper handling or storage by the customer), Smart Beverages AG may charge the customer for the expenses incurred during inspection, the return shipment, or any applicable disposal costs.

• In accordance with Swiss statutory law exceptions regarding the delivery of food and beverages, there is no general right of voluntary return or withdrawal for consumable items that are subject to rapid deterioration or require specific hygiene and temperature controls.
• All sales of our sleek beverage cans on drinkguut.com are final. Returns, refunds, or product replacements are granted exclusively for verified shipping damages or structural product defects reported timely and returned under the strict conditions outlined in Section 6.

• By submitting product reviews, comments, or star ratings on drinkguut.com, you grant Smart Beverages AG an unrestricted, non-exclusive, royalty-free, and perpetual license to utilize, edit, display, or distribute your feedback text across our marketing channels.
• We reserve the right, but maintain no obligation, to edit, limit, or entirely remove customer reviews that contain vulgarities, defamatory remarks, or infringe upon third-party intellectual property guidelines.

• All brand names, trade copy, imagery, graphics, typography, photography, formulas, packaging styles, and logos (including GUUT and "The New Soda Standard") are the exclusive intellectual property of Smart Beverages AG and are fully protected by Swiss and international copyright and trademark acts.
• No element of this website may be copied, mirrored, downloaded, or exploited for external commercial endeavors without our explicit prior written consent.

• To the maximum extent permitted by mandatory statutory Swiss law, Smart Beverages AG excludes all liability, regardless of its legal basis, as well as any claims for damages against Smart Beverages AG and any auxiliary persons or agents.
• In particular, Smart Beverages AG is not liable for indirect damages, consequential damages, lost profits, system outages, or other personal injury, property damage, or purely financial losses suffered by the customer. We assume no liability for malfunctions or broken features caused by third-party plug-ins or the core Shopify hosting architecture.
• This exclusion of liability does not apply to mandatory statutory liability, such as for gross negligence or willful misconduct. Our maximum total liability shall never exceed the total financial amount paid by the customer for the specific product purchase in dispute.

• Should individual provisions or sections of these Terms and Conditions be found invalid, void, or legally unenforceable by a competent court of law, the validity of the remaining provisions of the GTC shall remain unaffected. The invalid clause will be replaced by a compliant provision that most closely reflects the original commercial and legal intent.

• In the event of disputes, Swiss substantive law (the Swiss Code of Obligations / OR) shall apply exclusively, completely excluding any conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly and fully excluded.
• The exclusive place of venue and legal jurisdiction for all disputes, claims, or legal actions arising out of or in connection with contracts with Smart Beverages AG shall be the competent courts of Bern, Switzerland.

• Smart Beverages AG expressly reserves the right to update, amend, change, or replace any part of these Terms and Conditions at any time and to put them into effect without prior notice.
• The version of these Terms and Conditions in effect at the exact time of the order shall apply and cannot be unilaterally changed for that specific order. It is your responsibility to check our website periodically for changes.

Please send all formal notices, contract inquiries, defect reports, and authorized returns to:

• Company Name: Smart Beverages AG
• Email: hello@drinkguut.com
• Mailing & Return Address: Spitalgasse 28, 3011 Bern, Switzerland