Terms and Conditions

These Terms and Conditions (“Terms”) apply to contracts concluded through the LUMI online shop between the provider and its customers. Mandatory statutory consumer rights remain unaffected.

wazzl Schweiz GmbH is referred to below as “we”, “us” or “LUMI”. Any differing terms of business customers apply only if we have expressly agreed to them in text form.

LUMI offers physical products, in particular NFC-enabled memory animals and related TAGs. Where expressly stated in the respective offer, the product also includes access to a digital memory world.

Only the functions, features and content described as available on the product page at the time of the order form part of the services owed. Previews, prototypes, roadmaps and functions described as “in preparation” or “future” are not guaranteed services.

If basic digital use is included in the purchase price, no separate recurring fee is charged for it. Optional paid extensions become part of the contract only through a separate order and after prior transparent information about price, term and termination. No automatic booking takes place.

The presentation of products in the online shop does not constitute a legally binding offer. Customers may place items in the basket, review and correct their entries until they activate the final payment button, or cancel the process.

By activating the final button in checkout that is clearly labelled as creating an obligation to pay, the customer submits a binding offer to purchase the products listed in the order overview. The contract is concluded when we accept this offer through an express order confirmation following successful payment or by dispatching the goods.

A purely technical acknowledgement of receipt constitutes acceptance only if it expressly states this. The contract language is German. The Terms applicable to the order and the order data are provided on a durable medium, in particular by email.

The prices shown directly with the product and in checkout apply in the currency indicated. Prices include statutory value added tax where applicable. Additional shipping costs, non-optional surcharges and foreseeable charges for cross-border deliveries are shown before the order is submitted, or their calculation is explained transparently.

Only the payment methods displayed in the relevant checkout are available. Payments may be processed through Stripe. Any special terms of the selected payment service are shown before selection and apply in addition to these Terms insofar as they do not conflict with them.

The purchase price becomes due when the contract is concluded or at the time stated for the selected payment method. Card data is processed directly by the payment service and is not stored by LUMI.

Delivery areas, available shipping methods, delivery times and shipping costs are set out in the shop and at checkout. Delivery is made to the delivery address entered there. If a material delay becomes apparent subsequently, we inform the affected customer without undue delay.

For deliveries to consumers, the risk of accidental loss or accidental deterioration generally passes only when the goods are handed over. For business customers, the risk passes to the carrier when the goods are handed over to it, insofar as permitted by law.

If customs duties, import taxes or comparable official charges for cross-border deliveries are not borne by us, this is clearly indicated before the order. Any such disclosed charges are borne by the customer.

6.1 Voluntary return right for deliveries to Switzerland

Purchases delivered to an address in Switzerland are generally not subject to a statutory general right of withdrawal. We voluntarily grant consumers a 14-day return right from receipt of the goods. The return must be announced within this period by email to hello@wazzl-schweiz.ch.

The goods must be returned complete, undamaged and, insofar as this is not inconsistent with an inspection of their characteristics, unused and with the accessories supplied. Goods made to customer specifications or clearly personalised may be excluded from the voluntary return right; any such exclusion is displayed with the product before the order. Statutory rights in the event of defects always remain unaffected.

The customer bears the direct return shipping costs. After receipt and inspection, we refund the value of the goods using the original payment method. The costs of the original standard delivery are not refunded under this voluntary Swiss return right unless we delivered incorrect or defective goods.

6.2 Statutory right of withdrawal for consumers in the EU

The mandatory statutory right of withdrawal applies to consumers who are habitually resident in the European Union. For goods, the withdrawal period is generally 14 days from receipt. Before the contract is concluded, we provide separate withdrawal instructions tailored to the specific contract and a model withdrawal form; in the event of a conflict, that information takes precedence over this summary.

The person exercising the right of withdrawal bears the direct return shipping costs, provided they were properly informed of this before the order. In the event of withdrawal, we generally refund the payments required by law, including the cost of the least expensive standard delivery offered, within 14 days after receiving the withdrawal notice. We may withhold the refund until the goods have been returned or proof of dispatch has been supplied. The refund is generally made using the same payment method and without an additional charge.

The right of withdrawal may be excluded for goods made to customer specifications or clearly personalised. This exclusion applies only if the statutory requirements are met in the individual case and the customer was expressly informed before ordering. The mere activation or assignment of a standard-manufactured TAG is not treated across the board as personalisation.

Special rules for the early commencement of digital services during the withdrawal period are explained in the withdrawal instructions where relevant, and any required express consents are obtained separately.

The statutory rights in the event of defects under the law applicable to the contract apply. Mandatory consumer claims are neither excluded nor shortened. For EU consumer contracts, the mandatory rights to have the goods or services brought into conformity and the other statutory remedies remain unaffected in particular.

Please report apparent defects as soon as reasonably possible, including a description and, where reasonable, meaningful photographs, to hello@wazzl-schweiz.ch. This request does not create an exclusion period for consumers and does not restrict their statutory rights.

Additional guarantees apply only if they are expressly declared for a product. Any guarantee exists alongside statutory rights in the event of defects and does not restrict them.

Where a product includes a digital memory world, its use requires a personal LUMI account and the assignment of a valid LUMI TAG. The scope stated when the contract is concluded may determine, in particular, storage capacity, supported file formats, access roles and available functions.

Login details must be kept confidential and may not be disclosed without authorisation. LUMI must be informed without delay if misuse is suspected. Users are responsible for ensuring that their devices, internet connections and NFC functions meet the technical minimum requirements transparently stated in the offer.

LUMI provides the functional and security updates required by law and contract for the relevant supply period. Binding information on the duration of digital use, storage capacity, supported access roles and export and deletion options will be specified in the product description and supplementary usage information before sales are enabled.

Information on the processing of personal data, in particular concerning child profiles, uploaded media, recipients and service providers used, is contained in the separate Privacy Policy.

The rights to photographs, videos, voice recordings, texts and other content uploaded by users remain with their respective rights holders. LUMI receives only the non-exclusive right, limited to the contract term and technical operation, to store, reproduce, technically adapt and transmit the content to expressly authorised persons insofar as necessary to provide the memory world.

Anyone uploading content or inviting other persons must hold the necessary rights and consents. This applies in particular to content about children, recordings of other persons and the transmission of contact details for invitations. Content that is unlawful, infringes personality rights, is harmful or jeopardises the security of the service is prohibited.

Where access or invitation functions are offered, the authorised primary person decides, within the available settings, who may view or edit content. LUMI may temporarily restrict access if there are specific indications of misuse, a security risk or an infringement of rights. Where possible, we provide advance information and an opportunity to clarify the matter.

We endeavour to provide the digital services reliably. Short-term restrictions may arise in particular from necessary maintenance, security measures or circumstances outside our reasonable control. Mandatory claims for failure to supply or lack of conformity remain unaffected.

Changes to a digital service supplied continuously are made only for an objective reason, in particular due to legal requirements, security risks or necessary technical developments. They do not result in additional costs. We provide clear and timely information about changes that more than insignificantly impair access or use; statutory remedies and termination rights remain available.

When a digital service ends, we provide reasonable advance notice and a reasonable opportunity to retrieve users’ own content where required by contract or law. Immediate suspension for good cause, in particular in the event of an acute security risk, remains unaffected.

We have unlimited liability for damage caused intentionally or through gross negligence, for damage resulting from injury to life, limb or health, and in cases of mandatory statutory liability, in particular under applicable product liability law. The same applies where we have assumed a guarantee or fraudulently concealed a defect.

For a slightly negligent breach of an essential contractual obligation, our liability is limited, insofar as permitted by law, to the damage typical of the contract and foreseeable when the contract was concluded. An essential contractual obligation is one whose fulfilment is necessary for the proper performance of the contract and on whose compliance the contracting parties may normally rely.

Otherwise, liability for slight negligence is excluded insofar as permitted by law. These limitations apply correspondingly to our corporate bodies, employees and vicarious agents. Mandatory consumer, data-protection and warranty rights remain unaffected.

The “LUMI” brand, product design, software and the texts, graphics, icons and structures provided by us are protected under the applicable rights. Private use in accordance with the contract remains permitted; any further reproduction, publication, commercial exploitation or adaptation requires our prior consent unless permitted by law.

Rights to users’ own content are governed by section 9. Actions permitted by law, in particular mandatorily permitted interoperability or backup measures, are not restricted by these Terms.

Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, mandatory protective provisions of the country of their habitual residence and mandatory statutory places of jurisdiction remain unaffected.

For contracts with businesses, the registered office of wazzl Schweiz GmbH is the exclusive place of jurisdiction insofar as permitted by law. No differing exclusive place of jurisdiction applies to consumers.

For purchases of goods and individual contracts already concluded, the version of these Terms incorporated when the contract was concluded applies. Later changes do not have retroactive effect. For digital services supplied continuously, changes apply only subject to section 10 and mandatory law.

If any provision of these Terms is or becomes wholly or partly invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision. Headings are for convenience only and do not alter the interpretation of the provisions.