BEACHWEAR

General terms and conditions with customer information Table of contents:

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment 5. Delivery and shipping conditions
6. Reservation of proprietary rights
7. Liability for defects (warranty)
8. Redemption of gift vouchers 9. Applicable law
10. Alternative dispute resolution

1. Scope of application:
2. These General Terms and Conditions (hereinafter referred to as "GTC") of Dalga GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed. 3. These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
4. 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. 5. 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 his commercial or self-employed professional activity. 6. Conclusion of contract: 7. The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
8. The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
9. The Seller may accept the Customer's offer within five days, - by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or - by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or - by requesting payment from the customer after the customer has placed the order. If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
10. If the customer chooses a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
11. When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online store before sending his order, the order data shall be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
12. Before blindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which completes the ordering process.
13. The German and English languages are available for the conclusion of the contract.
14. Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
15. Right of withdrawal:
16. Consumers are generally entitled to a right of revocation. 17. More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
18. Prices and terms of payment:
19. Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
20. In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
21. The payment option(s) will be communicated to the Customer in the Seller's online store.
22. If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
23. If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
24. If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. 25. If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The Seller further reserves the right to conduct a credit check when selecting the payment method purchase on account and to reject this payment method in case of a negative credit check.
26. If the payment method SEPA direct debit is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before the expiry of the period for advance information. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this.
27. If the SEPA direct debit payment method is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the period for advance information. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the payment method SEPA direct debit and to reject this payment method in case of a negative credit check.
28. If the credit card payment method is selected, the invoice amount shall be due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which the Seller authorizes to collect receivables on its behalf. PAYONE GmbH collects the invoice amount from the specified credit card account of the customer. The credit card will be charged immediately after the customer's order has been sent in the online store. Even if the payment method credit card payment is selected via PAYONE GmbH, the Seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.
29. If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz, Germany (www.secupay.ag) to which the Provider assigns its payment claim. The secupay AG collects the invoice amount from the specified credit card account of the customer. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card shall be charged immediately after the customer's order has been sent in the online store. Even if the payment method credit card payment is selected via secupay AG, the provider shall remain responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.
30. If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.
31. Terms of delivery and shipment:
32. If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
33. If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the Customer, the provision made in the Seller's revocation instructions shall apply to the return costs.
34. If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorised to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer. 35. The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non- delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In case of non- availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
36. Self-collection is not possible for logistical reasons. 37. Vouchers are provided to the customer as follows: - by download - by e-mail
38. Retention of title:
39. If the seller makes advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed.
40. Liability for defects (warranty):
41. Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:
42. If the customer acts as an entrepreneur, - the Seller shall have the choice of the type of subsequent performance; - in the case of new goods, the limitation period for defects shall be one year from delivery of the goods; - in the case of used goods, the rights and claims for defects are excluded; - the limitation period shall not start again if a replacement delivery is made within the scope of liability for defects.
43. The above-mentioned limitations of liability and shortening of the period shall not apply to - to claims for damages and reimbursement of expenses of the customer, - in the event that the Seller has fraudulently concealed the defect, - for goods which have been used for a building in accordance with their customary use and have caused its defectiveness, - for a possibly existing obligation of the Seller to provide updates for digital products, in case of contracts for the delivery of goods with digital elements. 44. In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
45. If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
46. Redemption of gift vouchers:
47. Gift certificates that can be purchased via the Seller's online store (hereinafter "Gift Certificates") can only be redeemed in the Seller's online store, unless otherwise stated in the Gift Certificate.
48. Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date.
49. Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
50. Only one gift voucher can be redeemed per order.
51. Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
52. If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
53. The balance of a gift voucher is neither paid out in cash nor does it earn interest.
54. The Gift Certificate is intended only for use by the person named on it. Transfer of the Gift Certificate to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective Gift Voucher Holder.
55. Applicable law:
56. All legal relationships between the parties shall be governed by the laws of the Swiss Confederation, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
57. Alternative Dispute Resolution:
58. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
59. The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.