General terms and conditions
Index
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Price and Payment Conditions
- Delivery and Shipping Conditions
- Liability for Defects
- Applicable Law and Jurisdiction
- Alternative Dispute Resolution
1. Scope of Application
1.1 These General Conditions of Contract of Maris Swim S.L.U. (hereinafter referred to as "the seller") apply to all contracts concluded between a consumer or a business (hereinafter referred to as "the customer") and the seller concerning goods or services presented by the seller in its online store. Conditions set by the customer are excluded, unless otherwise agreed.
1.2 For the purposes of these General Conditions of Contract, consumers are natural persons who act mainly for purposes outside their trade, business, or profession. A business is defined as any natural or legal person, whether private or a partnership with legal capacity, who acts in their trade, business, or professional activity directly or through another person representing or acting on their behalf when entering into a legal transaction.
2. Conclusion of Contract
2.1 The product descriptions in the seller's web store constitute binding offers from the seller, which the customer accepts by placing an order.
2.2 The customer can place orders through the online order form integrated in the seller’s web store, thereby accepting the seller’s offer. By placing an order using the online form and entering personal data, the customer legally binds themselves to the contract offer regarding the products in their shopping cart by clicking on the button to complete the ordering process.
2.3 Within 24 hours, the seller will send the customer a confirmation of the order by postal mail or email.
2.4 Upon acceptance of an offer through the online order form of the seller, the seller will save the contract text and send it to the customer along with the applicable general conditions in text form (e.g., via email, fax, or letter) after the order has been made. Additionally, the contract text will be archived on the seller's website and the customer may access it free of charge by logging into their password-protected account using their access data, provided they have created such an account on the seller’s web store before placing the order.
2.5 Before submitting a binding order through the seller’s online form, the customer may correct their data at any time using the usual keyboard and mouse functions. Moreover, before submitting the order, all data will be displayed again in a confirmation window and can be corrected again using the usual keyboard and mouse functions.
2.6 The order processing and contact take place generally via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that the emails sent by the seller can be received at that address. In particular, if spam filters are used, the customer must ensure that all emails sent by the seller or by third parties authorized by the seller for order processing can be received.
2.7 If the customer is acting as a consumer, the contract language will only be Spanish.
3. Right of Withdrawal
3.1 In general, consumers have a right of withdrawal.
3.2 More information about the right of withdrawal can be found in the seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4.Price and Payment Conditions
4.1 The prices stated by the seller are total prices and include the legal value-added tax. When additional delivery or shipping costs apply, they will be separately listed in the corresponding product description.
4.2 For shipments to countries outside the European Union, there may be additional costs which the seller is not obliged to bear and which will be borne by the customer. These include, among others, the costs for money transfers through banking institutions (e.g., transfer fees and currency conversion fees) or import duties and taxes (e.g., customs duties).
4.3 The customer has various payment options available through the seller's website.
4.4 If payment in advance is agreed upon, it is due immediately after the conclusion of the contract.
4.5 In the case of selecting "PayPal" as the payment method, the payment will be processed through the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, according to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/es/webapps/mpp/ua/useragreement-full?locale.x=es_ES
5. Delivery and Shipping Conditions
5.1 The goods are usually delivered by shipping to the delivery address specified by the customer. The delivery address stated in the order processing by the seller is decisive for the transaction.
5.2 If the transport company is unable to deliver the shipped goods to the customer and, consequently, must return them to the seller, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer exercises their right of withdrawal, if the customer is not responsible for the circumstances that made delivery impossible, or if they are temporarily prevented from receiving the service, unless the seller had notified the customer of the service well in advance.
5.3 If the customer is a business, the risk of accidental loss and deterioration of the sold products is assumed by the customer as soon as the seller has delivered the goods to the carrier, the transporter, or any other person or company designated to carry out the shipment.
If the customer is a consumer, the risk of accidental loss and deterioration of the sold products is generally not assumed by the customer or the person authorized to receive the goods until the goods are delivered. However, if the customer commissions the shipment to the carrier, transporter, or any other person or company designated to carry out the shipment and the seller had not previously mentioned such person or company to the customer, the risk of accidental loss and deterioration of the sold products is also assumed by the customer, even if they are a consumer, as soon as the seller has delivered the goods to the carrier, the transporter, or any other person or company designated to carry out the shipment.
5.4 Pickup by the customer at the seller's warehouse is not possible.
6. Liability for Defects
6.1 If the purchased product exhibits a defect, the legal provisions on liability for defects will apply and the legal warranty rights of the consumer under the General Law for the Defense of Consumers and Users will be indicated.
6.2 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer fails to comply with this, it has no effect on their legal warranty rights for defects.
7. Applicable Law and Jurisdiction
7.1 All legal relationships between the parties shall be governed by the laws of the Kingdom of Spain, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that it does not remove the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
7.2 Furthermore, this choice of law concerning the legal right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the contract conclusion.
8. Alternative Dispute Resolution
8.1 The European Commission provides a platform for online dispute resolution, which is available at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a single point for the extrajudicial resolution of disputes concerning contractual obligations arising from online sales or service contracts in which a consumer is involved.
8.2 The seller is neither obligated nor willing to participate in a dispute resolution process before a consumer arbitration board.