fashiontale GmbH
Brotstrasse44, 54290 Trier, Germany

Wittlich District Court
HRB 44573

Managing director:Philipp Ihl

Email address of the provider: vida-swim@fashiontale.de

Key facts at a glance

• The service/www.vidaswim.com is only available to consumers.

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TERMS OF USE

Unless otherwise stated, the conditions listed in this section apply to access to www.vidaswim.com.

Individual or additional conditions of use or access may apply under certain circumstances and in such cases are expressly named in this document.

By using the service, users confirm that they meet the following conditions:

• Users must act as consumers;

• Users must be of legal age according to the applicable law;

Content available at www.vidaswim.com

Unless otherwise stated or clearly recognizable, all content available on www.vidaswim.com is the property of the provider and is provided by the provider or its licensors.

The provider makes every effort to ensure that the content made available via www.vidaswim.com does not violate applicable legal provisions or the rights of third partiesHowever, it is not always possible to achieve this result.
In such cases, users are asked to preferably address their complaint to the contact details given in this documentThe right to enforce any claims (apart from) in court remains unaffected.

Rights to the content available on www.vidaswim.com

All rights to the content are reserved to the provider.

Users may only use the content to the extent that this is necessary or - even implicitly - provided for the proper use of the service.

In particular, users are not permitted to reproduce, download, distribute, edit, translate, change, redesign, publish, or publish the content beyond the limits defined belowto transfer, sell or license to third parties, as well as to enable third parties - even without the knowledge of the user - to carry out said actions via their own device.

Insofar as this is expressly indicated via www.vidaswim.com, the user may download, reproduce and/or distribute selected content available via www.vidaswim.com for personal and non-commercial purposes only, provided that the copyright notices and any other information from the provider required notes are correctly attached.

Legal restrictions or exceptions remain unaffected.

Access to external resources

Users can uUaccess external resources provided by third parties via www.vidaswim.comThe users acknowledge and accept that the provider has no control over such resources and is therefore not responsible for their content and availability.
The conditions under which such resources provided by third parties are available and under which usage rights to such content, if applicableare granted, result from the contractual provisions of each third party or, alternatively, from the applicable statutory provisions.

In particular, www.vidaswim.com could contain advertisements from third partiesThe provider does not control or moderate the advertisements displayed via www.vidaswim.comBy clicking on such advertisements, users establish a connection with such third parties who are responsible for the respective advertisement
The provider is therefore not liable for any consequences resulting from interactions with such third parties, in particularfrom visiting third party websites or using third party content.

Permitted use

Www.vidaswim.com and the service may only be used as intended and in accordance with these terms and conditions and in accordance with the applicable statutory provisions.

Users are responsible for ensuring that their access to www.vidaswim.com and/or their use of the service does not violate any statutory provisions, ordinances or rights of third parties.

Therefore, the provider reserves the right to take all suitable measures to protect its legitimate interests, such asB.Denying users access to www.vidaswim.com or the service, terminating contracts, reporting objectionable actions taking place via www.vidaswim.com or the service to the competent authorities - such as judicial or administrative authorities - provided that users can be proven or suspected:

• violate statutory provisions, ordinances or these terms and conditions; or
• Violate the rights of third parties; or
• significantly affect the legitimate interests of the provider; or
• insult the provider or a third party.

TERMS OF SALE

Paid products

Some of the products available through www.vidaswim.com as part of the service are chargeable.

Prices, terms and other conditions applicable to the purchase of such products are described belowIn addition, reference is made to www.vidaswim.com and the relevant sections.

Product description

Prices, descriptions and availability of the products can be viewed in the corresponding areas at www.vidaswim.com and can be changed without notice.

Although products are presented on www.vidaswim.com with the greatest possible technical care, representations of any kind (including graphic forms of representation, images, colors, sounds) are for reference only and do not represent any guarantee with regard to the properties of the product purchased.

The characteristics of the selected product will be explained during the purchase process.

Purchase process

All steps from selecting a product to placing the order are part of the buying process
The purchase process consists of the following steps:

• The user selects the desired product from the range and, where provided, specifies the desired quantity or properties so that the product appears in the product selection.
• Within the product selection, users can check them, change, remove or add products and, if provided, give specific instructions (e.g."send with a gift receipt").
• Users use the checkout button to be forwarded to the checkout view.
• In the checkout view, users must enter their contact details, billing and delivery address and a shipping and payment method of their choice in successive steps.
• During the purchase process, users can change or correct the information provided at any time, add a gift voucher, recommendation code or discount code (coupon) or cancel the purchase process entirely without any consequences.
• After providing all the required information, users must carefully review their order and then confirm and submit it using the appropriate button or mechanism on the service (www.vidaswim.com)With this, the users accept these terms and conditions and undertake to pay the agreed purchase price.

Placing the order

When the user places an order, the following applies:

• The contract is concluded when the order is placedSubmitting the order therefore creates the obligation for the user to pay the price, taxes and any other fees and expenses in accordance with the information on the order page.
• If the purchased product requires the active input of information, such as personal information or data, specifications or special requests, the placing of the order establishes an obligation on the part of the user to cooperate accordingly.
• After placing the order, users receive a confirmation of receipt.

All notifications in connection with the described purchase process will be sent to the email address provided by the user for this purpose.

Prices

During the purchase process and before placing the order, users are informed of all fees, taxes and costs (including any shipping costs) to be borne by them.

The prices are displayed on www.vidaswim.com as follows:

• either exclusive or inclusive of all fees, taxes and costs, depending on which section the user is currently in.

Payment methods

Information on the payment methods accepted will be provided during the purchase process.

Some payment methods may only be available with additional terms or feesIn these cases you will find the relevant information in the relevant section of the service (www.vidaswim.com)

All payments are processed through third party providersTherefore, www.vidaswim.com does not collect any payment information - such asCredit card details - only receives a notification when the payment has been successfully completed.

If the payment using the available methods fails or is declined by the payment service provider, the provider is under no obligation to fulfill the orderAny costs or fees resulting from the failed or refused payment are to be borne by the user.

Authorization for future PayPal payments

When users authorize the PayPal function, which enables future purchases, www.vidaswim.com saves an identification code that is linked to the user's PayPal accountThis entitles www.vidaswim.com to automatically process payments for future purchases or recurring installments for past purchases.

This authorization can be revoked at any time, either by contacting the provider or by changing the user settings at PayPal.

Retention of title

The ordered products do not become the property of the user until the payment of the entire purchase price has been received by the provider.

delivery

Deliveries are made to the address given by the user and in the manner listed in the order overview.

Upon delivery, the user must check the contents of the delivery and report any discrepancies immediately using the contact details provided in this document or as described on the delivery noteUsers can refuse to accept the package if it is visibly damaged.

Www.vidaswim.com describes in the corresponding section the countries or areas to which the goods will be delivered.

Www.vidaswim.com also describes the corresponding delivery times, or alternatively, these can be determined during the purchase process.

Unless www.vidaswim.com provides otherwise or nothing different has been agreed with users, products will be delivered within thirty (30) days of purchase.

Unsuccessful delivery

The provider is not liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the user, nor for damage or delays after delivery to the carrier, if this has been commissioned by the user.

If the goods are not received at the specified time or have not been picked up within the specified period, the goods will be returned to the providerIn this case, the provider will contact the user to arrange a second delivery attempt or to discuss how to proceed.

Unless otherwise agreed, the user bears the costs for each further delivery attempt from the second delivery attempt.

User rights

Right of withdrawal

Unless there are exceptions, the user can revoke the contract within the period specified below (usually 14 days) without giving reasonsIn this section, users can learn more about the cancellation policy.

To whom the right of withdrawal applies

According to EU law, European consumers have a statutory right of withdrawal for contracts that are concluded online (distance contracts)You can revoke the contract within the period applicable to your case for any reason and without justificationThis right of withdrawal applies, provided no exceptions are listed below.

For users who are not acting as European consumers, the rights set out in this section do not apply.

Exercising the right of withdrawal

In order to exercise his right of withdrawal, the user must send the provider an unambiguous declaration from which his decision to withdraw.

For this purpose, users can use the model withdrawal form that they can find in the"Definitions"section of this documentHowever, users are free to express their decision to withdraw their consent by means of an unambiguous declaration in a different, suitable mannerIn order to meet the deadline for exercising this right, the user must submit the declaration of withdrawal before the withdrawal period has expired.

When does the withdrawal period expire?

• When purchasing goods , the cancellation period ends 14 days after the day on which the user or a third party nominated by him, who is not the carrier, comes into possession of the goods.

• When purchasing several goods in one order , which are then delivered separately, the withdrawal period ends 14 days after the day on which the user or a third party named by him, who is not the carrier, comes into possession of the goods delivered last last batch or part.

Effects of withdrawal

Users who duly cancel a contract will be reimbursed all payments made to the provider, including delivery costs, if applicable.

However, the provider is not obliged to reimburse additional costs if the user has opted for a different type of delivery than the cheapest standard delivery offered by the provider.

The refund will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to withdraw from the contractThe provider makes the repayment using the same means of payment that the user used in the original transaction, unless something else was expressly agreed with the userIn any case, the user will not incur any costs or fees as a result of the refund.

... when buying goods

The user must return or hand over the goods immediately and in any case no later than 14 days from the day on which he informed the supplier of his decision to revoke the contract to the supplier or a person authorized by him to receive the goods, unless the provider has offered to collect the goods himself.

The deadline is met if the user hands over the goods to the carrier before the period of 14 days has expired or if the goods are otherwise returned as stated aboveThe provider can refuse the repayment until he has received the goods back or until the user has provided evidence that he has sent the goods back, whichever is earlier.

The user is only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the condition, properties and functionality of the goods.

The user bears the costs of returning the goods .

Exceptions to the right of withdrawal

The right of withdrawal does not exist if

• Sealed goods are delivered that are unsuitable for return for reasons of health or hygiene and the seal of which has been removed after delivery;

Statutory warranty law

Under EU law, entrepreneurs are liable for the conformity of the goods they sell with the contract for a period of at least two years from deliveryThe entrepreneurs must therefore ensure that the goods purchased have the promised or reasonably expected quality, functionality or properties for at least two years after delivery to the buyer.

For users who act as European consumers, the statutory warranty law applies to goods available via www.vidaswim.com in accordance with the laws of the country of their habitual residence.

The national laws of these countries may grant users more extensive rights.

For users who do not act as European consumers, the warranty rights of the country in which they have their habitual residence apply.

Liability and Compensation

EU users

damage payment

To the extent permitted by the applicable law, the user, the provider and its subsidiaries, affiliated companies, executives, directors, representatives, co-brands, partners and employees undertake to refrain from any claims or claims by third parties - including, but not limited to to indemnify and hold harmless against legal fees and fees incurred due to or in connection with a criminal use or connection to the service, a violation of these terms and conditions, a violation of third party rights or statutory provisions by the user or his affiliated companies, executives , Directors, Agents, Co-Branders, Partners, and Employees.

Limitation of Liability

Unless expressly stated otherwise and without prejudice to the applicable statutory product liability provisions, users have no right to compensation against the provider (or a natural or legal person acting on its behalf).

This does not apply to damage to life, health or physical integrity as well as damage due to the violation of an essential contractual obligation, such asan obligation that is absolutely necessary to achieve the purpose of the contract and/or damage due to intent or gross negligence, provided that www.vidaswim.com has been used properly and correctly by the user.

Insofar as damage was not caused intentionally or with gross negligence or impaired life, health or physical integrity, the provider is only liable in the amount of the typical and foreseeable damage at the time the contract was concluded.

In particular, the provider is not liable within the aforementioned limits for:

• any loss of business opportunities and any other loss, including indirect, that the user may incur (such asTrade losses, lost sales, lost income, profits or expected savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

• Damage or loss resulting from interruptions or malfunctions of the service (www.vidaswim.com), if these interruptions or malfunctions are due to force majeure or unforeseen and unforeseeable events and are independent of the will and beyond the control of the provider, such as, but not limited to, failures or interruptions in telephone or power lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber-attacks, interruptions in the delivery of products, services or applications of third parties;

• any losses, unless these are the direct result of a breach by the provider of the GTC

Common provisions

No waiver

If the provider fails to assert a right from these GTC or to enforce a provision from these GTC, this does not constitute a waiver of such a right or such a provisionNo waiver will be considered a further or ongoing waiver.

Service interruption

In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changesHe will inform the users appropriately.

Within the framework of the statutory provisions, the provider can also decide to suspend or terminate the service entirelyIn the event of termination of the service, the provider will work with users to enable them to delete personal data or information in accordance with the applicable law.

In addition, it may happen that the service is not available for reasons beyond the control of the provider, such as"force majeure"(e.g.Industrial action, infrastructure outages or power outages, etc.).

Resale

Users may not reproduce, duplicate, copy, sell, resell, or exploit www.vidaswim.com or the Service in any way without the express prior written consent of the provider, either directly or through a legitimate reseller program.

Data protection

To find out more about the use of their personal data, users can view the data protection declaration of the service (www.vidaswim.com).

Intellectual property rights

Without prejudice to more specific provisions of these terms and conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights in connection with the service (www.vidaswim.com) are the exclusive property of the provider or its licensors and are subject to the protection of the applicable law or international contracts in Regarding intellectual property.

All brands, names or figurative marks - and all other brands, trade names, service marks, word marks, illustrations, images or logos - that appear in connection with the service (www.vidaswim.com) are and remain the exclusive property of the provider or his own Licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

Changes to these terms and conditions

The provider reserves the right to change or otherwise modify these terms and conditions at any timeIn this case, the provider will adequately inform the user about these changes.

Such changes only affect the relationship with the user in the future.

By continuing to use the service, the user accepts the changed terms and conditionsIf the users do not want to be bound by the changes, they must stop using the serviceIf the revised terms are not accepted, either party can terminate the contract.

For the relationship prior to the acceptance of the changes by the user, the respective previous version of the GTC appliesThe user can receive any previous version of the terms and conditions from the provider.

If required by the applicable law, the provider will indicate the date from which the amended terms and conditions apply.

Assignment of rights and obligations

The provider reserves the right, taking into account the legitimate interests of the user, to transfer, assign, replace or pass on all rights and obligations from these terms and conditions
The provisions on changes to the GTC apply accordingly.

The users may not assign or transfer their rights or obligations under the terms and conditions in any way without the written consent of the provider.

contacts

All communications related to the use of the service (www.vidaswim.com) must be sent to the contact details given in this document.

Severability clause

Should any provision of these terms and conditions be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which remain in full force and effect.

EU users

Should any provision of these Terms and Conditions be ineffective or deemed to be ineffective, or invalid or deemed invalid, the parties will do their best to amicably reach an agreement on valid and enforceable provisions, and thus the ineffective, invalid or not to replace enforceable parts.
Otherwise the ineffective, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, provided this is permissible or provided for in accordance with the applicable law.

Without prejudice to the foregoing, the nullity, invalidity or unenforceability of individual provisions of these General Terms and Conditions shall not result in the invalidity of the entire agreement, unless the provisions are essential to the contract or are of such importance that the parties would not have concluded the contract if they would have known of the invalidity of the provisionIf the other conditions lead to an unreasonable hardship for one of the parties, the invalidity of the individual provision will result in the invalidity of the entire agreement.

Applicable Law

These terms and conditions are subject to the law of the place where the provider is based, with the exception of conflict of law provisionsUsers can find information on their seat in the relevant section of this document.

Exception for European consumers

Regardless of this, for users who act as European consumers and have their habitual residence in a country in which the law provides for a higher standard of consumer protection, the higher standard applies.

Place of jurisdiction

The courts of the place in which the provider is based - as it emerges from the information in this document - are exclusively responsible for all disputes that arise from or in connection with these terms and conditions.

Exception for European consumers

This does not apply to users who act as European consumers or to users who act as consumers and have their (residential) seat in Switzerland, Norway or Iceland.

Dispute resolution

Amicable dispute settlement

With all disputes, users can contact the provider, who will try to resolve them amicably.

The user's right to take legal action remains unaffectedHowever, in the event of a dispute about the use of the service (www.vidaswim.com) or the service, the user is asked to contact the provider using the contact details given in this document.

The user can address the complaint, including a brief description and, if applicable, the details of the associated order, purchase or account to the provider's email address given in this document.

The provider will process the request immediately within 21 days of receipt.

Online dispute resolution for consumers

The European Commission has set up an online platform for alternative dispute resolution procedures, which is an out-of-court method for resolving all disputes in connection with and from online sales and service contracts.

As a result, every European consumer can use this platform to resolve disputes arising from contracts concluded onlineThe platform is available at the following link .

Germany:Dispute settlement procedure with consumer arbitration boards

The provider does not participate in alternative dispute settlement procedures for consumers according to the Consumer Dispute Settlement Act.

France:mediation

Within the period of one year from the submission of a written complaint to the provider regarding a dispute arising from these terms and conditions, consumers have the right to a mediation process

• to take action before a mediation agency recognized by the French governmentThe corresponding list is available under the following link .