Terms and conditions
General terms and conditions
FREDS SWIM ACADEMY GmbH
Tel.: +49 (0)821 – 57 92 42
Fax: +49 (0)821 – 59 67 19
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:
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
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.
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.
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
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.
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
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.
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.
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.
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.
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).
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.
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.
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:
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.
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
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
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.
The purchase prices are plus postage and packaging costs.
In this respect, FREDS SWIM ACADEMY GmbH calculates €2.50 for an uninsured delivery within Germany.
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.
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).
The customer has the right to offset only if their counterclaim has been legally established or recognised by FREDS SWIM ACADEMY GmbH.
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
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.
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.
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.
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 –
Tel.: +49 (0)821 – 57 92 42
Fax: +49 (0)821 – 59 67 19
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.
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.
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.
Additional liability is excluded.
11. Final provisions
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.
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.
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.
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’.
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.
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.
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
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.
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 –
86157 Augsburg / Deutschland
Fax: +49 (0)821 – 5967 19