General terms and conditions
FREDS SWIM ACADEMY GmbH
Tel.: +49 (0)821 – 57 92 42
Fax: +49 (0)821 – 59 67 19
E-mail: office@freds-swim-academy.com
VAT ID NO.: DE 245866540
Commercial register: district court of Augsburg (HRB 21414)
FREDS SWIM ACADEMY GmbH with HQ in Augsburg/Germany offers their range for sale to customers among others via their own online shop under the domain:
www.freds-swim-academy.com.
The general terms and conditions below apply to business relationships with customers which are formed via this online shop.
1. Range, acceptance, sale on approval
1.1.
Products and services listed on the online shop are not a binding offer from FREDS SWIM ACADEMY GmbH; rather it is a request to the customer to submit a binding offer by making an order.
1.2.
By sending the order from the virtual “shopping basket” the customer places an order for the articles contained within. FREDS SWIM ACADEMY will confirm receipt of this to the customer immediately.
1.3.
FREDS SWIM ACADEMY GmbH is authorised to accept the offer of contract of the customer within 3 working days of receiving the order. In this case the contract will be entered into with the customer as a so-called sale on approval – i.e. the contract is entered into under the suspending condition of the acceptance of the purchased article by the customer. The acceptance of the purchased article is at the discretion of the customer; the acceptance period is two weeks after receipt of goods by the customer. Silence throughout the whole acceptance period is seen as acceptance. If purchased articles are not accepted by the customer, then the customer is obliged to send the articles back to FREDS SWIM ACADEMY GmbH.
2. Saving the contract text.
The contract text is saved, however it can no longer be called up after sending the order. However the data of the order can be printed out immediately after sending the order.
3. Availability of goods
3.1.
Articles in the online shop are labelled with information about their availability. Sold-out articles and/or sizes of an article are marked with the remark “sold out”; these can not be ordered.
3.2.
FREDS SWIM ACADEMY GmbH does not accept any acquisition risk. The contract is entered into on the condition that in the case of incorrect or improper delivery to FREDS SWIM ACADEMY GmbH by the supplier, the delivery will not be made or only partially made. The responsibility of FREDS SWIM ACADEMY GmbH for intent or negligence according to the stipulations of the liability regulations of this GTC (article 10) remains unaffected. In the case of non-availability or only partial availability of the service, FREDS SWIM ACADEMY GmbH will inform the customer immediately; in the case of withdrawal the equivalent will immediately be refunded to the customer
4. Delivery and shipping conditions
4.1.
Delivery occurs by dispatch, unless otherwise agreed with the customer. We exclusively deliver within Germany, in Switzerland, and in those states where FREDS SWIM ACADEMY GmbH is represented by general importers.
4.2.
Delivery to the customer occurs exclusively to the order and/or delivery address stated by the customer when placing the order. Goods can only be picked up by customers in exceptional cases and with an expressly agreed deadline. The customer must therefore ensure that the address details are entered correctly and completely. If additional costs arise due to incomplete or incorrect address data, then these must be borne by the customer.
4.3.1.
Delivery within Germany is on account. The customer can also pay by credit card (VISA, Euro-/Mastercard, DinersClub) or let the goods be delivered as cash on delivery. FREDS SWIM ACADEMY GmbH reserves the right to check the customer’s creditworthiness in individual cases if they wish to pay on account or by credit card.
4.3.2.
Delivery abroad requires advance payment – i.e. delivery only occurs after successful payment upon demand for payment sent by e-mail. Sending the goods abroad as cash on delivery is only considered for the following countries: France, Italy, Luxemburg, Spain and Switzerland.
4.3.3.
The purchased goods will be sent at the latest within five working days of the completion of the contract (e.g. delivery on account or cash on delivery) and/or after receipt of payment (e.g. in the case of advance transfer).
4.4.1.
With corporate customers, the risk of accidental loss or damages to the goods sold is passed to the buyer or authorised receiver on receipt of the goods, or in the case of mail order it is passed to the suitable transport person when dispatching the goods.
4.4.2.
With private customers, the risk of accidental loss or damage to the goods sold is always passed to the user on receipt of the goods.
4.4.3.
The same applies if the customer is delayed in receiving the goods.
5. The right to return and consequences
In accordance with the distance marketing law regulations, customers have a right to return with regard to purchased goods in accordance with the following instructions:
5.1.
Customers can send the received goods back without stating a reason within two weeks. Only in the case of goods not capable of being shipped as a parcel (e.g. in the case of bulky goods) the return can be declared in text form via a request of return, e.g. by letter, fax or e-mail. The return period begins at the earliest at the point that this instruction is communicated in text form, not however before the day of receipt of goods by the user and under no circumstances before the time when the contract becomes binding for the user due to acceptance (see above under article 1.3). When calculating the period, the day that the request of return is communicated in text form and/or the day of receipt of goods by the user and/or the acceptance of the contract is not included. In all cases the return occurs at the customer’s own cost and risk.
5.2.
To ensure the period it is sufficient to dispatch the goods or the request of return in good time. In the case of a request of return the goods will be collected from you.
Return or request of return must occur via:
FREDS SWIM ACADEMY GmbH
– Retoure –
Radegundis 11 / Lager II
86199 Augsburg / Germany
Fax: +49 (0)821 – 59 67 19
E-mail: office@freds-swim-academy.com
5.3.
In the case of an effective return the services received on either side are to be returned and if necessary any benefits coming from this (e.g. the amenity and advantage of use) must be compensated. If the user is completely or partially not able to return the goods, or only in a deteriorated state, then they must provide compensation for lost value. This does not apply if the deterioration of the item is exclusively to be attributed to its testing – which could also be possible in the retail store.
In addition, the customer can avoid the obligation of compensation of lost value by not using the goods as an owner and refraining from anything which will affect their value.
6. Price, shipping costs and payment conditions
6.1.
The (purchase) prices named in the offers are end prices – i.e. they include all price components including the legal VAT: In individual cases of cross-border deliveries, taxes (in the case of intra-community sale) and/or duties (e.g. customs) are to be paid by the customer.
6.2.
The purchase prices are plus postage and packaging costs.
6.2.1.
In this respect, FREDS SWIM ACADEMY GmbH calculates €2.50 for an uninsured delivery within Germany.
6.2.2.
For deliveries in countries other than Germany, separate conditions apply, which will be communicated to the customer by e-mail. The relevant shipping cost package is to be borne by the customer and to be paid together with the price of the goods.
6.3.
We accept payments by transfer, credit card (VISA, Euro/Mastercard, DinersClub) or cash when receiving goods as cash on delivery. FREDS SWIM ACADEMY GmbH reserves the right to check the creditworthiness of customers in individual cases when paying on account or by credit card (See above article 4.3.1).
6.4.
The customer has the right to offset only if their counterclaim has been legally established or recognised by FREDS SWIM ACADEMY GmbH.
6.5.
The customer can only exercise a right of retention if their counterclaim is based upon the same contractual relationship.
7. Retention of title
With private customers, FREDS SWIM ACADEMY GmbH retains ownership of the sold item until complete payment of the purchase price, and with corporate customers until the complete settlement of all outstanding money from the current business relationship.
8. Communication of transport damages
8.1.
The customer is to check the delivered goods. In the case of outwardly recognisable transport damages the customer is obliged to note the damages on the relevant shipping documents and get a receipt from the deliverer in the case that the delivery is accepted in spite of this; the packaging should be retained.
8.2.
If the (partial) loss or damage is not outwardly recognisable then the customer must notify this within five days of delivery towards FREDS SWIM ACADEMY GmbH or within seven days of delivery towards the transport company, in order to guarantee that any claims against the transport company can be enforced in good time.
8.3.
The customer is to support FREDS SWIM ACADEMY GmbH to the best of their ability if claims against the relevant transport company and/or transport insurance company are enforced.
8.4.
Any rights and claims of the customer, in particular those rights in the case of defects of the item, remain unaffected by the above regulations in atricles 8.1 and 8.3.
9. Guarantee conditions
The guarantees for material defects or defects of title are subject to legal regulations. Any enquiries and/or claims are to be directed to FREDS SWIM ACADEMY customer services using the contact details given below.
FREDS SWIM ACADEMY GmbH
– Kundenbetreuung –
Josef-Kronthaler-Str. 14
86157 Augsburg
Germany
Tel.: +49 (0)821 – 57 92 42
Fax: +49 (0)821 – 59 67 19
E-mail: office@freds-swim-academy.com
10. Liability
10.1
In accordance with the legal terms, FREDS SWIM ACADEMY GmbH shall be unrestrictedly liable for any damages arising from loss of life, personal injury or illness which are the result of an intentional or grossly negligent breach of duty as well as for other damages which result from an intentional or grossly negligent breach of duty or malice. Furthermore, FREDS SWIM ACADEMY GmbH shall be unrestrictedly liable for damages which are contained in the liability of compulsory statutory provisions, such as the Produkthaftungsgesetz (German Product Liability Act), as well as in the event of the undertaking of a guarantee.
10.2
FREDS SWIM ADADEMY GmbH is liable for damages that are not covered in number 10.1, and that are caused through ordinary negligence, as long as the negligence concerns the breaking of contractual duties, the fulfilling of which enables the proper completion of the contract in the first place and on the adherence of which the customer may rely on as a matter of course (so-called cardinal obligations). In this case, the liability of FREDS SWIM ACADEMY is restricted to the foreseeable damages relating to the contract.
10.3
In the case of the breaking of contractual obligations through ordinary negligence that is not covered under number 10.1 or 10.2 (so-called non-essential contractual obligations), FREDS SWIM ACADEMY GmbH is liable towards customers – however this is restricted to foreseeable damages relating to the contract.
10.4
Additional liability is excluded.
11. Final provisions
11.1
The law of the Federal Republic of Germany applies; however the provisions of the United Nations Conventions on Contracts for the International Sale of Goods do not. The conclusion of the contract is carried out exclusively in the German language.
11.2
For private customers who conclude the contract for purposes other than occupational or commercial ones, the law applicable under number 11.1 shall only apply insofar as the protection conferred is not revoked through the mandatory provisions of the law of the country where the customer usually resides.
11.3
If the customer is a merchant, a legal person under public law or special funds under public law, the exclusive jurisdiction for any disputes arising from the contract is the registered office of FREDS SWIM ACADEMY GmbH. The same applies if the customer is a business and has no overall jurisdiction in Germany or whose address or usual residence is not known at the time of the filing of a claim. The power to also call on the law of another legal jurisdiction hereby remains unaffected.
12. Data protection provisions
We take the protection of the personal data of our customers as well as those of the parties interested in our offers very seriously and shall hereby inform them of handling of such information.
12.1
Personal data will categorically only be collected within the scope that is technically required for our website to function. Reference data, such as the name and address of a person as well as user data (i.e. ip-address), is included in the scope of ‘personal data’.
12.1.1.
Data which is communicated from the customer in the context of purchasing from our online shop, such as invoice and delivery addresses and further data necessary for the transaction, is necessary for the substantiation, performance and conclusion of the contracts as well as for the purposes of future customer service and customer care and shall, in this respect, be processed and used by us. We use the information in this respect for the conclusion of orders, the delivery of goods and the carrying out of services as well as for payment transactions.
12.1.2.
As far as third parties are appointed in the fulfilment of tasks as service providers – for example the delivery of shipments or packages or the conclusion of transactions – then personal data that is necessary for the fulfilment of tasks shall be at their disposal. This data shall not be used for any other purposes; they are obligated to handle any information received in accordance with these data protection provisions as well as the German data protection laws.
12.2
We shall provide each customer with clarification of how the protection of data shall be ensured and of what kind of data shall be collated and for what purposes. Within the scope of the unavoidable server statistic data, certain data communicated by the web browser of a particular user will automatically be saved (server log files). However, this data is usually not attributable to a particular person. The combining of the saved data with data from other sources shall not be carried out.
To be precise, the saved data concerns the following information:
– Type/version of browser
– Referrer URL
– Time of server request
– Operating system in use
– IP address of the computer accessing the server
12.3
Within the scope of the (virtual) shopping basket, temporary cookies in terms of alphanumeric identification numbers shall be used which are then deleted when the browser is closed. The online shop can also function without the use of cookies if they are blocked by the user. Furthermore, if the customer accepts the usage of cookies, the user is identified in an encrypted form without corresponding personal data in order to allow an easier login process. Thus the user consents to the collating, processing and using of user data with the help of cookies in order to permit the management of activities within the online shop. The cookies serve, in this case, primarily for the simplified login process, listing of already chosen products and the combined display of several articles within the (virtual) shopping basket. The data in your shopping basket remain saved for a maximum period of time of thirty days and are subsequently deleted.
12.4
In the communication of data, the customer has the possibility of using an encryption of said data through Secure Sockets Layer (SSL). In addition, we safeguard our website and other systems by using technical and organisation measures against loss, deletion, access, editing or distribution of data by unauthorised persons.
12.5
You are entitled to free information about data stored relating to you as well as to the correction, blocking or deletion of said data. We are able to provide information about data saved within the scope described above – primarily data relating to orders made by the customer. You can revoke your consent for the processing of personal data at any time – by communicating said revocation in writing to the contact details below.
For any further questions regarding the handling of data, we can be contacted using the contact details below.
FREDS SWIM ACADEMY GmbH
– Customer Service –
Josef-Kronthaler-Str. 14
86157 Augsburg / Deutschland
Fax: +49 (0)821 – 5967 19
office@freds-swim-academy.com
General terms and conditions with customer information
Table of contents
- Scope of application
- Services of the provider
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Contents of the services and teaching materials
- Granting rights to use digital content and transfer
- Liability for defects
- Liability
- Applicable law
- Jurisdiction
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of FREDS SWIM ACADEMY GmbH (hereinafter “Provider”), apply to all contracts for participation in online live courses and the delivery of digital content (hereinafter “Services”), which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Provider with regard to the services presented on the website of the Provider.
The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts when concluding a legal transaction in the exercise of its commercial or independent professional activity. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.3 Digital content within the meaning of these GTC are all data not located on a physical data carrier, which are produced in digital form and provided by the provider under the granting of certain rights of use regulated in more detail in these GTC.
2) Services of the provider
2.1 The provider delivers digital content via its website. Their subject matter results from the respective service description on the website of the provider.
2.2 The provider shall provide its services through qualified personnel selected by it. In doing so, the provider may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the descriptions of the provider, the customer has no claim to the selection of a particular person to provide the commissioned service.
2.3 The provider renders his services with the utmost care and to the best of his knowledge and belief. However, the provider does not owe a certain success. In particular, the provider does not guarantee that the customer will achieve a certain learning success or that the customer will achieve a certain performance goal. This is not least also dependent on the personal commitment and will of the customer, on which the provider has no influence.
2.4 Insofar as the Provider delivers digital content, the delivery shall be made exclusively via the provision of an online video stream using appropriate technical means. For the proper reproduction of the stream, the customer’s system must meet certain minimum requirements, which are communicated to the customer on the provider’s website. The customer is responsible for compliance with the system requirements. The provider is not liable for technical problems that are due to inadequate system requirements at the customer.
3) Conclusion of contract
3.1 The services described on the website of the provider do not represent binding offers on the part of the provider, but serve to submit a binding offer by the customer.
3.2 The customer can submit his offer via the online form provided on the website of the provider. In doing so, the customer, after entering his data in the form, submits a legally binding contractual offer with regard to the selected service by clicking the button that concludes the registration process. Furthermore, the customer can also submit the offer to the provider by telephone, fax, e-mail or post.
3.3 The provider may accept the customer’s offer within five days,
- by sending the customer a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), whereby the receipt of the confirmation of registration by the customer is decisive, or
- by requesting payment from the customer after the customer has submitted his contractual declaration
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the provider does not accept the offer of the customer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. In the case of holding a live online course, the same applies in the event that the course selected by the customer begins before the expiry of the acceptance period and the provider does not accept the customer’s offer at the latest 24 hours before the start of the course, unless otherwise agreed between the parties.
3.4 When submitting an offer via the provider’s online form, the text of the contract will be stored by the provider after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer’s offer has been sent. The Provider shall not make the text of the contract accessible beyond this. If the customer has set up a user account on the website of the provider before sending the offer, the data on the ordered service will be archived on the website of the provider and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
3.5 Before binding submission of the offer via the online form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.
3.6 Only the German language is available for the conclusion of the contract.
3.7 Contacts of the provider for contract execution usually take place by e-mail. The customer must ensure that the e-mail address provided by him when submitting the offer is accurate, so that the e-mails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned by the provider to process the contract can be delivered.
4) Right of withdrawal
More information on the right of withdrawal can be found in the cancellation policy of the provider.
5) Prices and terms of payment
5.1 Unless otherwise stated in the service descriptions of the provider, the prices quoted are total prices that include the statutory sales tax.
5.2 Various payment options are available to the customer, which are indicated on the website of the provider.
5.3 In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which the provider is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees).
5.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.5 If payment is made by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.6 If the payment method “SOFORT” is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that has been activated for participation in “SOFORT”, must identify himself accordingly during the payment process and must confirm the payment instruction to “SOFORT”. The payment transaction will be executed immediately afterwards by “SOFORT” and the customer’s bank account will be debited. More detailed information on the payment method “SOFORT” can be obtained by the customer on the Internet at https://www.klarna.com/sofort/.
6) Contents of the services and teaching material
6.1 The provider is the owner of all rights of use required to provide the services. This shall also apply with regard to teaching materials that may be provided to the customer in connection with the provision of the services.
6.2 Any teaching material accompanying the performance (e.g. teaching documents) shall be made available to the customer exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer shall not be entitled to be provided with the teaching material in physical form.
6.3 The customer may use the contents of the services, including any teaching materials provided, only to the extent required in accordance with the purpose of the contract as agreed by both parties. Without separate permission of the Provider, the Customer is in particular not entitled to record contents of the Services or parts thereof or to reproduce, distribute or make publicly available teaching documents.
7) Granting of rights of use to digital content and surrender
7.1 The transfer of digital content shall take place exclusively via the provision of an online video stream using appropriate technical means.
7.2 Unless otherwise stated in the DeepL descriptions on the provider’s website, the provider grants the customer the non-exclusive right, unlimited in time and place, to use the transferred content exclusively for private purposes.
7.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The provider can also provisionally permit the use of the contractual content before this point in time. A transfer of rights does not take place through such provisional permission.
8) Liability for defects
The statutory liability for defects shall apply.
9) Liability
The provider is liable to the customer from all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
9.1 The provider is liable for any legal reason without limitation
- in the event of intent or gross negligence,
- in case of intentional or negligent injury to life, limb or health,
- because of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
9.2 If the provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the customer may regularly rely on.
9.3 Otherwise, liability of the provider is excluded.
9.4 The above liability provisions also apply with regard to the liability of the provider for its agents and legal representatives.
10) Applicable law
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.
11) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the Seller shall in any case be entitled to invoke the court at the Customer’s place of business.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
