General Terms & Conditions

General Terms & Conditions Livable Swim

Article 1 – Definitions

1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: Calender day;
4. Right of revocation: the possibility for the consumer to cancel the distance contract within the cooling-off period;
5. Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;

Article 2 – Identity of the entrepreneur

 Livable Swim

 Bornholmpier 4

1506 BS, Zaandam

 The Netherlands

 Contact: customerservice@livableswim.com

CoC-number: Livable Swim – 80039677

Article 3 – Applicability

These general terms and conditions apply to all purchase agreements between the Entrepreneur and the Consumer. General sales, delivery and payment conditions of Livable Swim established in Zaandam and registered under registration number 80039677 Chamber of Commerce in Amsterdam, trading under the name Livable Swim. All orders and agreements concluded via the Livable Swim webstore are exclusively subject to the conditions of the webstore as stated here.

Article 4 – The Offer

1. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
2. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
4. Images with products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
5. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

 Article 5 – The Agreement

1. By placing an order you agree to the conditions of the webshop and the applicability thereof. Livable Swim is entitled to refuse orders if there is reason to do so.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. The entrepreneur will send the following information with the product of service to the consumer, in writing or on request that it can be stored by the consumer in an accessible manner on a durable medium:
4. the point of contact of the company where consumers can go with complaints;
5. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
6. the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 Article 6 – Changing and cancelling orders

1. Livable Swim makes every effort to provide you with as much information as possible about the items you want to buy. If the article nevertheless does not meet expectations, you can return it subject to the following conditions.
2. In the event that the buyer wishes to cancel the order, he must notify the seller within 14 days after receiving the order confirmation by e-mail with confirmation of receipt.
3. Our items can only be returned in their original condition of shipment, with all labels, hygiene stickers and original packaging. You must return the product within 14 days of receipt with a track & trace code and sufficient postage.
4. The product(s) can be sent to: Livable Swim, Postbus 602, 1500 EP Zaandam. After receipt and approval of the returned product (s), the amount paid by you, excluding the shipping costs charged by us, will be refunded to your account within 10 days. Livable Swim refuses returns or credit in the following cases: Insufficient postage; Washed / worn clothing; Damage to clothing; No labels and / or original packaging; Not returned within 14 days.
5. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment
6. Any cancellations or changes the buyer wishes to make are subject to the explicit written consent of the seller and shall be considered by the seller only if the seller has received the request or change within 14 days of the order confirmation, and if the seller has not yet started executing the agreement.
7. Any changes to the order thus accepted by the seller may lead to a change in delivery date and/or the prices agreed on.
8. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If, after the expiry of the periods referred to in Article 6 – Changing and cancelling orders

paragraphs 2 and 6, the customer has not indicated that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.

 Article 7 - Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, the costs of return will be at his costs.
2. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.

 Article 8 – Warranty

1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
2. A guarantee provided by the entrepreneur or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
4. The warranty does not apply if:

• The consumer has repaired and / or processed the delivered products himself or had it repaired and / or processed by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
• The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 9 – Delivery

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the company.
3. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 7 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.
6. The entrepreneur is not bound by a delivery term that due to circumstances outside its control can no longer be met.

 Article 10 – Price

1. All prices are stated in euros as standard, including VAT and excluding shipping costs. The shipping costs vary per country and are stated with the order. No rights can be derived from input, typesetting or printing errors regarding prices.
2. All prices of products listed by Livable Swim always are subject to printing and typing errors and for consumers inclusive of VAT and exclusive shipping costs.
3. The prices listed in the offer at the moment of ordering are the valid final prices.

Article 11 – Payment

1. The following modes of payment are offered by Livable Swim, Amex, Apple Pay, Ideal, credit card, and PayPal.
2. Payments need to be done immediately to buy an order.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 12 - Disputes and Applicable

1. All agreements between the buyer and the seller are exclusively subject to Dutch law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG, the Vienna Sales Convention), which came into effect in the Netherlands on 1 January 1992.
2. Any disputes between the seller and the buyer shall be submitted to the competent court in the court district where the seller has his place of business. The seller however remains entitled to summon the buyer to appear in the court which has jurisdiction according to the law.