Terms of service

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Lydia Kikosh, Skinless Swim (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller via the Seller's online shop at skinless-swim.com. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the online shop do not constitute binding offers on the part of the Seller, but serve as the basis for the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the integrated order form in the online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the order process.

2.3 The Seller may accept the Customer's offer within five days by sending the Customer an order confirmation by email or by delivering the ordered goods to the Customer.

2.4 The automatically generated confirmation of receipt of the order by email does not constitute acceptance of the offer. It merely documents that the Customer's order has been received by the Seller.

3) Right of Cancellation

Consumers are generally entitled to a statutory right of cancellation. Further information can be found in the Seller's cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The available payment methods are shown in the online shop.

4.3 For payment via a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The individual PayPal payment methods are communicated to the Customer in the online shop.

5) Delivery and Shipping Terms

5.1 Delivery of goods is made to the delivery address specified by the Customer, unless otherwise agreed.

5.2 The delivery time is indicated in the online shop for the respective product.

5.3 Should the ordered goods not be available, the Seller reserves the right not to perform. In this case, the Customer will be informed without delay and any payments already made will be refunded immediately.

5.4 Shipping costs are transparently displayed to the Customer during the ordering process.

6) Retention of Title

The delivered goods remain the property of the Seller until full payment has been made.

7) Liability for Defects (Warranty)

7.1 The statutory warranty rights apply.

7.2 As a consumer, you are asked to check the delivered goods immediately upon receipt for completeness, obvious defects and transport damage and to notify the Seller of any complaints as soon as possible. This does not affect your statutory warranty claims.

8) Liability

8.1 The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses without limitation in the case of intent and gross negligence.

8.2 In the case of slight negligence, the Seller is only liable for the breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on which the Customer may regularly rely (cardinal obligation). Liability in this case is limited to the foreseeable, contract-typical damage.

8.3 The above limitations of liability do not apply in the case of injury to life, body or health, for a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9) Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotions with a specific validity period (hereinafter "promotional vouchers") can only be redeemed in the online shop and only during the specified promotional period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Only one promotional voucher can be redeemed per order.

9.4 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.5 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered may be used to settle the difference.

9.6 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.

9.7 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of cancellation.

10) Applicable Law

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11) Jurisdiction

If the Customer is 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 Seller's place of business. If the Customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes shall be the Seller's place of business.