Terms of service
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Unlock You UG (haftungsbeschränkt) (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 an invitation to 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 a written or electronic order confirmation, by delivering the ordered goods, or by requesting payment from the Customer — whichever of these occurs first. If no acceptance occurs within this period, the offer is deemed rejected.
2.4 For payments via PayPal, the Seller declares acceptance already at the moment the Customer clicks the button completing the order process. Processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the applicable PayPal terms of use.
2.5 The text of the contract is stored after the order is completed and sent to the Customer by email. Customers with a user account can access their order data there at any time.
2.6 Input errors can be corrected using the usual keyboard and mouse functions until the order is completed.
2.7 The contract may be concluded in any of the languages displayed in the online shop.
2.8 Order processing and communication generally take place by email. The Customer shall ensure that the email address provided is correct and that emails from the Seller can be delivered.
3) Right of Cancellation
3.1 Consumers are generally entitled to a statutory right of cancellation.
3.2 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 For deliveries outside the EU, additional costs may arise which are not the responsibility of the Seller and which must be borne by the Customer (e.g. customs duties, transfer fees).
4.3 The available payment methods are shown in the online shop.
4.4 For payment via a payment method offered by PayPal, payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, which may also make use of the services of further payment service providers. Where the Seller offers advance payment methods via PayPal (e.g. invoice or instalment purchase), the Seller assigns its claim to PayPal. PayPal carries out a credit check in advance; the Seller reserves the right to refuse this payment method in the event of a negative result.
4.5 For payment via Shopify Payments, processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Further information: https://www.shopify.com/legal/terms-payments
4.6 For payment via Klarna, processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden.
4.7 For payment by invoice via Klarna, the purchase price is due within 30 days of delivery. This payment method requires a credit check by Klarna. The Seller reserves the right to refuse this payment method in the event of a negative result.
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 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable additional costs incurred by the Seller as a result. This does not apply to the costs of delivery if the Customer effectively exercises their right of cancellation.
5.3 For entrepreneurs, the risk of accidental loss passes upon handover of the goods to the carrier. For consumers, the risk generally passes only upon handover to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of improper or incorrect self-supply, provided the Seller is not responsible for this. In this case, the Customer will be informed without delay and any payments already made will be refunded immediately.
5.5 Collection in person is not possible for logistical reasons.
6) Retention of Title
The delivered goods remain the property of the Seller until full payment has been made.
7) Liability for Defects (Warranty)
Unless otherwise provided below, the statutory provisions on liability for defects apply. The following applies in deviation from this for contracts for the sale of goods:
7.1 If the Customer acts as an entrepreneur, the Seller has the right to choose the type of subsequent performance. For new goods, the limitation period for defect claims is one year from delivery. For used goods, defect claims are excluded. The limitation period does not begin anew in the event of a replacement delivery.
7.2 The above provisions do not apply to the Customer's claims for damages, fraudulently concealed defects, building materials, or update obligations for digital products.
7.3 For entrepreneurs, the statutory time limits for any recourse claims remain unaffected.
7.4 Merchants within the meaning of the German Commercial Code (HGB) are subject to the duty of inspection and notification pursuant to § 377 HGB. If defects are not notified in time, the goods are deemed approved.
7.5 Consumers are asked to report obvious transport damage to the delivery carrier and to inform the Seller. Failure to do so has no effect on statutory warranty rights.
8) Liability
8.1 The Seller is liable without limitation in cases of intent or gross negligence, for injury to life, body or health, on the basis of guarantees given, and under the Product Liability Act.
8.2 In the case of negligent breach of material contractual obligations, liability is limited to the foreseeable, contract-typical damage. Material contractual obligations are those whose fulfilment enables the proper performance of the contract in the first place and on whose observance the Customer may regularly rely.
8.3 Beyond this, the Seller's liability is excluded.
8.4 These provisions also apply to the Seller's liability for its vicarious agents and legal representatives.
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 Certain products may be excluded from voucher promotions.
9.3 Vouchers can only be redeemed before completion of the order; subsequent offsetting is excluded.
9.4 Only one promotional voucher can be redeemed per order.
9.5 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.
9.6 If the value of the order exceeds the value of the voucher, the difference may be settled using one of the other payment methods offered.
9.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
9.8 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.
9.9 Vouchers are non-transferable and tied to the person to whom they were issued.
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
For entrepreneurs and legal entities under public law with their registered office in Germany, the exclusive place of jurisdiction is the Seller's place of business. The Seller is also entitled to bring proceedings 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 at the following link: https://ec.europa.eu/consumers/odr/
12.2 The Seller is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.