Terms and conditions - Señor Swim

Version number: AV-001

Date: 2024-04-01

Article 1: Definitions

In these General Terms and Conditions, the following terms are used in the following meaning, unless explicitly indicated otherwise:

Consumer The natural person who does not act for purposes related to his trade, business, craft, or professional activity.
Buyer, subscriber, member, you, your The consumer, buyer, member, and any customer who enters into an Agreement with Señor Swim.
Señor Swim, seller, we, us, our The private company with limited liability Señor Swim B.V., located at (5469EL) Erp at Hoogstraat 3, registered in the trade register under number 93519257.
Parties Consumer and Señor Swim jointly.
General Terms and Conditions These present General Terms and Conditions of Señor Swim.
Offer/ proposal Proposal by Señor Swim to the Buyer to enter into an agreement, for example in a quotation or an offer on one of our Website(s).
Agreement The distance contract between Señor Swim and Buyer, whereby Señor Swim sells, rents, or temporarily provides products, services, and/or online content to Buyer, or whereby Señor Swim performs a service to Buyer.
Distance contract The contract that is concluded between Señor Swim and the Consumer/Buyer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby exclusively or partly one or more techniques for distance communication are used up to and including the conclusion of the contract. Since Señor Swim only concludes distance contracts with Consumer/Buyer, all Distance contracts are referred to as Agreement.
Order Product or products, physically or in the form of digital content or services, that together form part of one agreement.
Cooling-off period The period within which the Consumer and/or Buyer can exercise his right of withdrawal.
Right of withdrawal The possibility for the Consumer and/or Buyer to withdraw from the Agreement within the cooling-off period.
Website, websites The website(s) of Señor Swim, where they offer their Proposal to Consumers.
Digital content All digital content developed by or on behalf of Señor Swim and made available via (one of the parts of) the platform of Señor Swim.
Platform All online channels used by Señor Swim for sharing and offering content to Buyer, including but not limited to Señor Swim's Websites, YouTube channels, and Social Media channels.

Article 2: Applicability

These General Terms and Conditions apply to every Proposal from Señor Swim and every Agreement concluded between Señor Swim and Buyer. Deviations from these General Terms and Conditions are only valid if they have been agreed upon in writing between the Parties or, in the case of promotional conditions, this is explicitly indicated in writing by Señor Swim.
Before an Agreement is concluded, the text of these General Terms and Conditions will always be offered to the Buyer, either electronically or otherwise, which must be accepted by the Buyer to conclude the Agreement. If it is not possible to offer these General Terms and Conditions directly, reference will always be made to a copy of these General Terms and Conditions on Señor Swim's Website.
If one or more provisions of these General Terms and Conditions are void or are voided, the Agreement and these General Terms and Conditions shall remain in force for the rest and the relevant provision may be replaced by Señor Swim by a comparable provision that approaches the scope and intention of the original provision as much as possible and which is legally permissible.

Article 3: Offers and Formation of Agreements

All offers by Señor Swim, via its Website or other channels, are non-binding. An agreement is concluded after acceptance of an order from Buyer by Señor Swim. Señor Swim is entitled to change and adjust the offer.
Offers and promotions of Señor Swim, including prices and descriptions, are valid for 14 days, unless otherwise indicated in the promotional conditions or the Offer. Señor Swim reserves the right to correct typographical and/or printing errors in the Offer.
An Agreement is concluded by placing an order via a Website of Señor Swim, which is confirmed by the Consumer by accepting the General Terms and Conditions and definitively placing the order. After receiving the order by Señor Swim, Señor Swim will still need to accept the order by processing it.

Article 4: The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer/Buyer.
Obvious mistakes or errors in the offer do not bind Señor Swim.
Every offer contains such information that it is clear for the Consumer/Buyer what rights and obligations are attached to accepting the offer and/or concluding an agreement.
Señor Swim guarantees that it only sells new products and that all supplied products have undergone a CE inspection.

Article 5: Prices and Payments

All prices mentioned by Señor Swim in its Offer and promotions are in Euro currency (€) and include VAT. All mentioned prices are exclusive of shipping costs, which are shown separately before placing an order.
All payments concerning an Agreement are made via online payments through the platform and/or Websites of Señor Swim. Other forms of payments cannot be processed correctly and are therefore not legally valid.
For agreements which have a validity period, such as subscriptions concluded for a specific period, it applies that during each period the prices may not be increased, except for price changes as a result of changes in VAT rates or other government taxes, over which Señor Swim has no influence. At the renewal period, Señor Swim will temporarily make any price changes known so that the Buyer has the opportunity not to renew the agreement.

Article 6: Delivery

Señor Swim strives to deliver products as quickly as possible. Mentioned delivery times on the Website(s) of Señor Swim are indicative, and no rights can be derived from them. Señor Swim strives to adequately inform the Buyer about the progress of the delivery, especially in the case of a delayed delivery.
Señor Swim uses (international) parcel services for the delivery of physical products.
Delivery takes place at the address indicated by the Buyer. In case the Buyer wishes to change the delivery address, any additional costs will be charged to the Buyer.
For digital, online content, Señor Swim will make all content that is part of the agreement available immediately or as soon as possible after concluding the agreement.

Article 7: Right of Withdrawal and Return Policy

As a consumer, you can revoke or dissolve the agreement within 14 days of receiving the order using the general contact form on the contact page.
After confirmation of receipt of the withdrawal notification, products can be returned to Señor Swim, taking into account the return information indicated by Señor Swim. Return shipments without the correct return information with the package cannot be processed.
Dissolution is only possible after we have had the opportunity to assess a complaint and have been given the opportunity to provide a solution within a reasonable time.
All costs for returning products when using the right of withdrawal are at the expense of the Consumer/Buyer.
After the Consumer/Buyer has informed Señor Swim about the withdrawal by, the Consumer/Buyer is obliged to return the order to Señor Swim within 30 days. Señor Swim may ask for confirmation in the form of proof of shipment. When this term is exceeded, Señor Swim is no longer obliged to take back the order, and the agreement becomes definitive.
Refund of payment(s) will take place within 30 days after receiving the return shipment and will only occur after Señor Swim has received all products in good condition, complete and in the original packaging.
Excluded from the right of withdrawal are products: • That have been made by Señor Swim according to specific wishes of the Consumer/Buyer, such as customized/custom-made products; • That are clearly of a personal nature;
Señor Swim does not offer the possibility to exchange products. For this, the Consumer/Buyer must return the incorrect products according to the withdrawal procedure as described in paragraph 1 of this Article. Subsequently, the Consumer/Buyer can place a new order/enter into an agreement for the correct products, services, and/or digital content.

Article 8: Warranty and Conformity

Señor Swim ensures that the products, services, and/or digital content comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal requirements, regulations, and provisions existing at the date of the conclusion of the agreement.
Any defects or incorrectly delivered products must be reported to Señor Swim in writing within 30 days after delivery.
Warranty periods of Señor Swim correspond to the manufacturer's warranty period. A warranty provided by Señor Swim, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against Señor Swim based on the agreement.
The warranty does not apply if: A. The consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties B. When the consumer has exposed the delivered products to abnormal conditions or otherwise acted carelessly or in violation of the instructions/washing instructions as stated on the (packaging of) products.

Article 9: Subscriptions to Digital Content

Within Señor Swim's offer, consumers can also subscribe to (access to) digital content.
Subscriptions are entered into for the period specified in the offer.
Subscriptions are automatically renewed to ensure continuity, but the consumer/buyer is always informed of this in advance by Señor Swim. Any price changes for the renewal period are also transparently communicated by Señor Swim to the consumer/buyer.
The consumer/buyer has the right to cancel the subscription, but must indicate this in writing or via his/her profile on Señor Swim's platform using the 'cancel subscription' functionality. Cancellations must always be given at least 14 days before the start of a new renewal period to Señor Swim, so that Señor Swim has sufficient opportunities for correct and timely administrative processing.
Within the subscription, the consumer/buyer gains access to the digital content as described in the offer and the agreement, for the duration as indicated in the agreement. The consumer/buyer can use Señor Swim's platform for this, for which they receive personal login details.
The consumer/buyer is never allowed to share these personal login details and/or digital content with third parties, to copy, duplicate, or otherwise cause damage to Señor Swim.
Señor Swim makes careful efforts to provide continuous accessibility of the platform. However, Señor Swim can give no guarantee in this respect, and temporary unavailability of the platform and thus the digital content does not give the consumer/buyer the right to (partial) refund of subscription fees. Only when the platform is inaccessible for a period longer than 5 consecutive days does the consumer/buyer have the right to a partial refund of subscription fees. This will be apportioned to the consumer/buyer and automatically settled with a subsequent renewal period. If the consumer/buyer does not wish to renew the subscription, the amount will be refunded to the account of the consumer/buyer.

Article 10: Liability

The liability of Señor Swim is expressly limited to the warranty periods mentioned in article 8.3. Any additional or replacement compensation in any form as well as compensation for consequential damage, in any form, is excluded.
Señor Swim is not liable for any material or immaterial damage resulting from injury or injuries caused by the use of products supplied by Señor Swim and/or the use/application of exercises from the digital content.
The consumer/buyer indemnifies Señor Swim for claims from third parties regarding the above in paragraph 2.
Notwithstanding the provisions in these General Terms and Conditions, the liability of Señor Swim is at all times limited to an amount of the maximum amount paid out by Señor Swim's insurer.

Article 11: Intellectual Property Rights

All intellectual property rights concerning our products, services, and/or digital content lie with Señor Swim.
The consumer/buyer is allowed to use Señor Swim's platform during the subscription period and consult the digital content, but all rights remain with Señor Swim. The consumer/buyer is not allowed to continue using the digital content that was part of the agreement after the termination of the subscription. The consumer/buyer is also not allowed to duplicate, copy, and/or make available to third parties digital content during and/or after the termination of the subscription.
Any consequential damages, including legal costs to assert her rights, may be recovered by Señor Swim from the consumer/buyer who committed the violation.

Article 12: Data Protection and Privacy Policy

Señor Swim processes the personal data of the consumer/buyer within the frameworks of applicable laws and regulations concerning the protection of privacy, in particular the General Data Protection Regulation (GDPR), in a manner and for the purposes as further described below and as further elaborated in the Privacy Statement, which can be found on Señor Swim's website.
Señor Swim processes personal data for the purposes of processing orders, delivery of products, invoicing, debtor administration, processing of subscriptions, complaint handling and dispute resolution, for sending newsletters related to the products and services of Señor Swim and/or products and services of third parties related to the products and services of Señor Swim.
The consumer/buyer has the right to access, rectification, forgetfulness, supplementation, and limitation of processing and to object concerning the personal data processed about him. Señor Swim has the right, depending on the request made, to charge costs up to the legal maximum. The consumer/buyer can send his request, with an appeal to one of the aforementioned rights, by email to Señor Swim via info@senorswim.com

Article 13: Complaints Procedure

The consumer/buyer can make a complaint about the products, services, and/or digital content of Señor Swim in writing within 30 days after the event to which the complaint relates. Complaints submitted after this period will not be processed.
Señor Swim will respond as soon as possible, but no later than 30 days after receiving the complaint. If necessary, parties will try to come to a solution acceptable to both parties.

Article 14: Applicable Law and Disputes

These General Terms and Conditions, any offer and offering, and every agreement between Señor Swim and Consumer/Buyer are subject to Dutch law.
Disputes will only be settled by the competent court in 's-Hertogenbosch, unless legal provisions oppose this.