1.1 These General Terms and Conditions apply to access to and use of our Website and/or to any  order placed through our Website. By clicking the “ACCEPT” button on the Website, by accessing  or using our Website, by placing an order on our Website and/or by confirming by email or post,  you acknowledge that you accept these General Terms and Conditions and the Privacy Policy  and agree to be bound by them. In doing so, you enter into a contract with SwimTech SA, a  company incorporated under Swiss law. If you do not wish to accept these General Terms and  Conditions and/or the Privacy Policy, you must not click the “ACCEPT” button, access or use the  Website, or place an order through our Website. 

1.2 We will notify you by email, or by another appropriate means, of any amendments to these  General Terms and Conditions and/or the Privacy Policy. The amended version will be published  on the Website. Any subsequent amendments to these General Terms and Conditions will be  deemed accepted unless you object to the amended General Terms and Conditions within ten  (10) days of receiving our written notice by email. If you object to an amendment within that  period, you may terminate the contract with immediate effect. In addition, amendments will not  apply to orders that you have already placed through the Website. 

1.3 “Website” means the website currently available at swimtech.ch and/or any successor  website or subsite, “we” and “our” refer to SwimTech SA, and “us” shall be construed accordingly. 

1.4 In the event of any conflict between these General Terms and Conditions and the Privacy  Policy or any other policies, guidelines, rules and/or other terms and conditions, these General  Terms and Conditions shall prevail to the extent of that conflict.

2.1 Subject to your full and unconditional acceptance of these General Terms and Conditions, we  and/or our licensors grant you the right to access and view the content and information provided  or made available through the Website, including, without limitation, text, images and videos,  solely for your personal and non-commercial use, unless otherwise agreed in writing between you  and us. 

2.2 Without our prior written permission, you may not print, download, copy, reproduce,  sublicense, republish, distribute, transmit, publicly perform, display or otherwise make available,  modify, adapt, interfere with, create derivative works from, or infringe any part of the Content, or  use the Content in any manner not expressly permitted under these General Terms and  Conditions. You may download and print these General Terms and Conditions. 

2.3 All intellectual property rights and other proprietary rights in the Content of this Website are  owned exclusively by SwimTech SA and its licensors. You acknowledge and agree that you  acquire no ownership rights in the Content. Modifying all or part of the Content, or using the  Content for any purpose not expressly authorised under these General Terms and Conditions,  may infringe our copyright and proprietary rights or those of third parties. 

2.4 All rights not expressly granted under these General Terms and Conditions are reserved. 

2.5 We do not review or accept unsolicited creative materials, ideas or suggestions from third  parties, except where we have expressly requested them or given our express consent. If you  send us any communication or material by email or by any other means, you expressly agree that  we may use it freely for our own benefit. You automatically grant us and, where applicable, our  affiliates a royalty-free, perpetual, worldwide and irrevocable licence to use such communication  or material in any lawful manner, including by sublicensing or granting further licences to third  parties. You agree that we and our affiliates may freely use any ideas, concepts, know-how or techniques contained in any communication or material submitted for any purpose, including,  without limitation, the development, manufacture, improvement and marketing of products. 

3.1 Although we endeavour to make our Website available 24 hours a day, access may be  temporarily unavailable, without notice, for any reason and at our discretion, particularly in the  event of system failure, maintenance or repair work, or circumstances beyond our control. We  shall not be liable to you or any third party if the Website is unavailable, for any reason, at any  time or for any period. 

3.2 We reserve the right to modify or withdraw all or any part of the Website, temporarily or  permanently, with or without notice. We shall not be liable for any such modification or withdrawal.

4.1 You agree not to use the Website to post or transmit any content of any kind that is unlawful,  harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, infringes our rights and/or  the rights of any third party, is racist, or is otherwise objectionable. 

4.2 You undertake not to: 

4.2.1 upload or attempt to upload to the Website, or transmit to us, any files containing viruses,  Trojan horses, worms, cancelbots, corrupted files or other destructive features that could  damage, disable or disrupt the operation of the Website or our business, or attempt to do so; 

4.2.2 obtain or attempt to obtain unauthorised access to the Website, any networks connected to  the Website or the Content by any means, including hacking, spoofing, attempting to bypass or  circumvent firewalls or other technologies, safeguards or security measures. 

5. You are responsible for the accuracy and completeness of the personal and payment information you provide to us and warrant that such information is accurate and complete in all respects. You agree to notify us immediately of any changes to such information, which may be amended and updated through your account.

6.1 To access certain features of the Website and/or place an order, you may be required to  register with us and create an account. To do so, you must create a password and provide us with  certain personal information, including your name and email address, as well as any other details  we may require for registration, such as your postal code. You must also consent to our  processing of your personal information in accordance with our Privacy Policy. If you do not  accept these General Terms and Conditions and our Privacy Policy, you may not use the Website  or create an account with us. 

6.2 You are responsible for maintaining the security and confidentiality of your password and all  other account login details. You accept responsibility for all activity carried out through your  account. If you have reason to suspect that your password is known to another person and/or that  your account has been or is likely to be used without your authorisation, you must contact us  immediately. We shall not be liable for any loss or damage resulting from your failure to protect  your password and/or other account login details. 

7. Links to third-party websites provided on our Website are made available for information  purposes only. When you use such links, you leave our Website. We have not reviewed those  websites, their content or availability, have no control over them and are not responsible for them.  Nor do we endorse any such websites or make any representation regarding the material they  contain or any results that may be obtained from using them. If you choose to access a third-party website through our Website, you do so entirely at your own risk. Such websites may have their  own terms and conditions and privacy policies, which you should review before using them. 

‍

8.1 We endeavour to ensure that the information contained on the Website is accurate, complete  and up to date, but we do not guarantee that it is. We reserve the right, at any time and without  notice, to make changes to the Website and/or to the products and/or prices described and made  available on the Website. 

8.2 Illustrations, photographs, size information and descriptions on the Website are provided as  general guidance regarding our products. You acknowledge and agree that we do not guarantee  that our products will correspond precisely to such guidance and that variations may occur.  Although we endeavour to ensure that our guidance is useful and as accurate as possible,  various factors, including stock variations, ongoing product development and even your computer  or other display technology, may cause products to differ from the illustrations, photographs,  stated measurements and dimensions and/or descriptions appearing on the Website. 

9.1 You must be over 18 years of age to place an order through the Website. 

9.2 You may place an order through the Website. Your order constitutes an offer by you to  purchase the item or items ordered from us, but does not bind us until we have formally accepted  it in accordance with the provisions below. 

9.3 When you place an order, we will first acknowledge receipt of it. This initial acknowledgement  does not constitute formal acceptance of your order. 

9.4 Before formally accepting your order, we may verify that sufficient funds are available to make  the payment. 

9.5 We will then confirm that the transaction details, including, without limitation, the description  and price of the goods, are correct and formally accept your order. A binding contract of sale will  arise upon that formal acceptance. We will then collect payment using the payment details you  provided when placing your order. 

9.6 We will then either deliver the items or first send you a message confirming that the items  have been dispatched and stating the estimated delivery date. 

9.7 Messages such as acknowledgement of your order, confirmation that the contract has been  concluded or confirmation that the items have been dispatched will normally be sent by email to  the email address you provided when placing your order. In some cases, we may need to contact  you by telephone to confirm delivery details. 

10.1 The prices payable are displayed on our Website. 

10.2 All product prices displayed on our Website include Swiss VAT; delivery charges are stated  separately. For deliveries to Europe, VAT and customs-clearance charges may be added by the  carrier or postal service. 

11.1 We may, at our sole discretion, decline to accept any order, including, without limitation,  where: 

11.1.1 there is an obvious pricing error and it is apparent that the price displayed was manifestly  incorrect; 

11.1.2 we do not have sufficient stock to deliver the product you ordered; 

11.1.3 we do not deliver to the area of your delivery address;

11.1.4 it is not possible or reasonably practicable for us to deliver to your delivery address, or we  have any other concern regarding that delivery address; and/or 

11.2 We may, at our discretion, withdraw from the contract and refuse to fulfil the order if we have  not received the purchase price in full within the payment period. 

11.3 If we refuse to fulfil an order in accordance with the provisions above or withdraw from the  contract, we shall not be liable to compensate you for any loss or disappointment you may suffer. 

12.1 We accept payment by credit card and the following payment methods: PostFinance, Visa,  Mastercard, TWINT, Apple Pay and Google Pay. 

12.2 The full purchase price of the product or products ordered must be paid when the order is  placed, and we will not dispatch the product or products until we have received payment in full. 

12.3 All payment transactions may be subject to validation or authorisation by your bank or by us,  although your acceptance of these General Terms and Conditions authorises us to give  instructions to or engage third parties to carry out such checks. If your card issuer or payment  service provider declines to authorise payment to us, we shall not be liable for any delay in or  non-acceptance of your order. 

12.4 We do not offer credit in relation to the products we sell. 

12.5 We shall retain full ownership of and title to any product ordered from us. Ownership and title  shall not pass to you until we have received the full purchase price of the product.

13.1 We can deliver products to Switzerland, Liechtenstein and the following countries of the  European Union: France, Italy, Germany, Austria, Spain, Belgium and Luxembourg. 

13.2 We deliver products from Monday to Saturday, excluding public holidays, and a person over  18 years of age must be present at the delivery address at the time of delivery. Once you have  placed an order, it may no longer be possible to change the delivery address. If you wish to  change the delivery address after placing an order, please contact us as soon as possible at:  info@swim-tech.org 

13.3 If any special circumstances must be taken into account for delivery, including, without  limitation, factors affecting access to your delivery address, such as low bridges or narrow  streets, and/or access to the premises at your delivery address, such as narrow door frames,  narrow passageways or steps, you must inform us during the ordering process. You must take  appropriate steps to confirm whether such factors are present. We do not guarantee delivery  where it is difficult unless this has been agreed with us in advance. 

13.4 Delivery will be made to the address provided. Although we will use reasonable efforts, we  cannot guarantee delivery of the product to a particular location within the premises at your  delivery address. 

13.5 Where incurred, you must pay any additional delivery charges arising if: 

13.5.1 we were unable to complete delivery because no person over 18 years of age was present  at the delivery address on the delivery date to accept the delivery; 

13.5.2 you did not change the delivery address in time during the ordering process or before the  product was dispatched; 

13.5.3 you did not inform us in good time of any special circumstances relating to delivery, such  as access to your property or premises; 

13.5.4 you choose not to accept delivery on the delivery date we proposed, when the delivery  providers are available and within our normal service hours, and instead request delivery at a  date or time outside our normal service hours.

13.6 Risk in the product passes to you when the product is delivered to you, and you are  thereafter responsible for its insurance and safekeeping. 

14.1 Unless you have ordered a product made or personalised specifically for you, you may return  your order without giving any reason within fourteen (14) days after receiving the product ordered.  Where an order contains several products, this period begins on the day you receive the last  product. To exercise this right, you must send us an irrevocable written statement at info@swim tech.org confirming that you wish to return the product. 

You may place and cancel an order only once and may not place a new order for an identical  product. 

14.2 Please ensure that all products packaged for return are clearly labelled with your name,  postal address and return number and, if you send a product to us by post, that you obtain proof  of postage. Goods must be returned in perfect condition, unused and in their original packaging. 

14.3 Provided that you have exercised your right of return within the prescribed period and the  goods are in perfect condition, unused and in their original packaging, we will refund the purchase  price and any standard dispatch and delivery charges already paid. We will not refund any  additional costs resulting from your choice of a more expensive delivery method than the least  expensive standard delivery option. We will endeavour to issue the refund within thirty (30) days  after receiving and inspecting the returned goods. The refund will be made using the same  payment method as the original transaction. 

14.4 You are legally required to take reasonable care of the product until it is returned to us. You  are responsible for any reduction in the value of the goods, which we may deduct from the refund,  resulting from handling beyond what is necessary to establish the nature, characteristics and  functioning of the goods as permitted under the right of return. We may withhold the refund until  we have received and inspected the goods. 

15.1 Please retain all warranty information supplied with your product, as it may be required if the  product is defective. 

15.2 You should inspect any product delivered to you within a reasonable time after receipt. If a  product received from us was damaged upon receipt or becomes defective during the warranty  period, please notify us immediately and return the product to us. 

If the product cannot be repaired, we will replace it with an equivalent product; if replacement with  an equivalent product is not possible, we will refund the amounts paid. 

For any such return, you must comply with our returns policy. Any additional warranties are  excluded. 

15.3 If a product returned as allegedly defective or damaged is found not to be defective or  damaged, we will return it to you using the payment information you provided when placing the  order. We will charge you again for the product and the original delivery and will additionally  charge you for the cost of returning the product to us and redelivering it to you. 

15.4 If a product received from us is not the product you ordered, please notify us immediately  and return it to us by post, and either (a) we will deliver the product you ordered; or (b) if we are  unable to deliver the product you ordered, we will refund the purchase price and delivery charges. 

For any such return, you must comply with our returns policy.

16.1 We will make any refund due under these General Terms and Conditions using the same payment method that you selected when placing your order. Please note that once we have submitted a refund request to a bank, we have no control over the subsequent processing of the refund, which may take five (5) days.

17.1 You agree to use the products solely for their normal and proper purpose and not to modify  or alter them. 

17.2 You agree to follow the manufacturer’s instructions supplied with the products and not to use  the products recklessly or negligently. Please refer to the product user manual in this regard.

18.1 Nothing in these General Terms and Conditions excludes or limits our liability for: 18.1.1 death or personal injury; 

18.1.2 wilful misconduct or gross negligence. 

18.2 Liability for ordinary negligence is excluded. 

18.3 To the fullest extent permitted by law: 

18.3.1 the Website and the Content are provided “as is”, without warranties of any kind; 

18.3.2 the products will be of satisfactory quality and fit for the purpose for which they are made  available, namely recreational, non-professional use, unless otherwise agreed between you and  us; and 

18.3.3 we exclude all other characteristics not expressly warranted, all express or implied  conditions, and all other terms relating to the Website, the Content and the products. 

18.4 To the extent permitted by law, whether in contract, tort or for breach of statutory duty in  connection with these General Terms and Conditions, we shall not be liable for: 

18.4.1 any indirect or consequential loss or damage; 

18.4.2 any loss of profit; 

18.4.3 any loss arising from your use of, including, without limitation, any improper use of, this  Website or any linked website, or resulting from any use of the Website or linked websites. This  includes, in particular, loss or damage caused by viruses that may infect your computer, software,  data or other property as a result of your access to, use of or browsing of the Website, or your  downloading of any material from the Website or any linked website; 

18.4.4 any damage arising from failure to use the products properly, from any modification or  alteration of the products, from failure to follow our instructions and/or those of the manufacturer,  or from reckless or negligent use of the products; and/or 

18.4.5 any failure to perform an obligation incumbent upon us under these General Terms and  Conditions, including, without limitation, any failure or delay in delivering products, caused by an  event or circumstance beyond our reasonable control, including, without limitation, strikes,  pandemics, natural disasters, wars, acts of terrorism, or failures of communications networks or  IT infrastructure, including delays resulting from such failures. 

19. If any provision of these General Terms and Conditions is, in whole or in part, unlawful,  including any provision by which we exclude or limit our liability to you, the validity of the  remaining provisions shall not be affected. 

20. We reserve the right to assign or transfer some or all of our rights and obligations under these  General Terms and Conditions to another person. You may assign to a third party any rights  arising under or in connection with these General Terms and Conditions only with our express  consent.

21.1 These General Terms and Conditions are governed by Swiss law, excluding the United  Nations Convention on Contracts for the International Sale of Goods, and shall be construed  accordingly. 

21.2 The following courts shall have exclusive jurisdiction over any dispute arising in connection  with these General Terms and Conditions: (i) for claims brought by you against SwimTech SA,  either the courts at your place of residence or the courts at SwimTech SA’s registered office, at  your option; and (ii) for claims brought by us against you, the courts at your place of residence. 

22. Together with the Privacy Policy, these General Terms and Conditions constitute your entire  agreement regarding use of our Website and the ordering of any products through it. They  supersede all other agreements between you and us concerning use of the Website and/or the  ordering of a product.