Terms of service

1 Scope of application

The following terms and conditions apply to all orders placed via our online shop zoaswim.com. Our online shop is aimed exclusively at consumers. We ask all commercial customers to contact us directly.

2 Contractual partner, conclusion of contract

The online shop zoaswim.com is operated by Procurely GmbH. The purchase contract is concluded with Procurely GmbH. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can place our products in the shopping basket without obligation and change and correct your order at any time. Only by clicking on the order button do you place a binding order for the items in your shopping basket. You will then receive an order confirmation by email. The contract is only concluded when we initiate the payment transaction with the payment method selected and transmitted by you.

3 Contract language, contract text storage

The languages available for the conclusion of the contract are German and English. We save the text of the contract and send you the order data and a link to our GTC by e-mail.

4. Terms of delivery / dispatch

Deliveries are only possible to delivery addresses within the European Union. The delivery of the order happens by using the service provider DHL.

5. Payment

Shopify Pay is integrated into our shop as a payment service provider. The following payment methods are available via this payment service provider:

Credit card
When you place your order, you also send us your credit card details. Once you have been legitimised as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after you place the order. The payment transaction will be carried out automatically by the credit card company and your card will be debited.

PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data
and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is automatically carried out by PayPal immediately afterwards.
carried out immediately afterwards. You will receive further instructions during the ordering process.

The goods remain our property until full payment has been received.

6. Delivery

If you receive the ordered goods with obvious transport damage, please complain to the deliverer and contact us. This will help us to assert our claims against DHL. We will take care of a defect-free replacement delivery to you as quickly as possible.

7 Warranty

We want you to be happy with ZOA. That's why we give a 2-year warranty on ZOA Swimwear. This guarantee applies to all defects that already existed at the time of purchase, i.e. defects due to poor material quality or workmanship. In this case, please contact our customer service within the warranty period. Normal wear and tear and product ageing are not covered by the guarantee.

8 Statutory right of cancellation

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is fourteen days from the day on which you or a person named by you took possession of the goods.

To exercise your right of cancellation, please send an informal email to info@zoaswim.com or an informal letter to ZOA Swim, c/o Procurely GmbH, Hans-Henny-Jahnn-Weg 53, 22085 Hamburg, in which you state that you wish to cancel the contract. You can use the attached sample cancellation form, but this is not mandatory.

Cancellation

I hereby cancel the contract concluded by me for the purchase of the following goods (*). Ordered on (*) / received on (*).

...............................................................
Name of customer

...............................................................
Address customer

..............................................................
Signature of customer
(only for notification on paper)

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

The consequence of your cancellation is that we will refund all payments to you immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. We may refuse to refund you until we have received the goods back or proof of return has been provided. You must return the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to check the nature, characteristics and functioning of the goods.

You bear the direct costs of returning the goods. You have two options for returning the goods:

Return via the customer centre: You log in to our customer centre: https://account.zoaswim.com, select all items for return and click on "Request return". We will then send you a return code that you can use to return the item to any DHL pick-up point or packing station in Germany. The cost of the return shipment is EUR 3.90 per parcel within Germany and EUR 9.90 per parcel from other European countries and will be deducted from the refund amount.
Your own return shipment: You can also return the goods at your own expense to the following address: ZOA Swim c/o Procurely GmbH, Hans-Henny-Jahnn-Weg 53, 22085 Hamburg, Germany. Please enclose the order confirmation or order number in written form so that we can correctly allocate the order.

9 Contractual right of return

In addition to the statutory right of cancellation, we give you the option of returning goods. This applies to all items purchased via the ZOASwim online shop.
If you don't like an item or it doesn't fit, you can return it to us within 30 days and get your money back. You bear the costs for the return. These are EUR 3.90 within Germany and EUR 9.90 for returns from abroad and will be deducted from the refund amount.

Please use the original packaging (plastic bag and shipping carton) for shipping. The returned item must be in perfect condition, unworn and unwashed, with hangtags and hygiene inserts. Goods that have already been worn, washed or damaged cannot be returned. We usually need 1-3 working days to process the refund. Depending on the payment method, it may take a short time for the amount to be credited. Refunds are usually made using the payment method originally used.

10. Undeliverable order

If your order cannot be delivered after several attempts for reasons for which we are not responsible, it will be returned to us by DHL. In this case, we will assume that you wish to withdraw from the contract. As a consequence of this, we will refund the purchase price excluding shipping costs immediately, but no later than 14 days after cancellation.

11 Discounts and voucher codes

Each discount and voucher code can only be used once per purchase and per customer. Only one discount or voucher code can be used per order. It is not possible to combine different discount and voucher codes. Cash payment, offsetting or reimbursement of discount and voucher codes is not possible. Discount and voucher codes have a limited period of validity and may be subject to further redemption conditions (e.g. minimum order value). If an item purchased using a discount or voucher code is returned, only the reduced purchase price will be refunded. There is no entitlement to a refund of the discount code or to a new discount code.

12 Liability

The above restrictions and shortened deadlines do not apply to claims for damages caused by Procurely GmbH, its legal representatives or vicarious agents. In this case, we are always liable without limitation:

in the event of injury to life, limb or health,
in the event of wilful or grossly negligent breach of duty,
within the scope of application of the Product Liability Act.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on the part of us, our legal representatives or our employees, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects claims for damages are excluded.

13. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and are not prepared to do so.