Hinweis
This is an informative English version. The Spanish Condiciones Generales de Venta are the legally binding version.
1. Scope
These Terms and Conditions of Sale apply to purchases and orders made through the FISHKISS-Swimwear® online shop and to individual communication related to personalized products.
Sales are directed exclusively to final consumers (B2C). Worldwide delivery may be offered unless logistical, legal, or customs restrictions apply.
The legally binding version is the Spanish version. German and English versions are provided for information only.
2. Products and Personalization
FISHKISS-Swimwear® offers personalized swimwear.
The products are based on models previously manufactured in Brazil and individually finalized in Mallorca.
After an order or request, individual communication with the customer takes place to determine measurements, size combinations, product details, and availability.
Each personalized product is unique.
Where a product is not personalized or made according to consumer specifications, the applicable statutory withdrawal and warranty rights apply.
3. Availability and Editions
All products are available in limited quantities, especially special editions.
Permanent availability is not guaranteed.
4. Conclusion of Contract
The presentation of products in the online shop does not always constitute a binding offer for immediate delivery, especially where the product requires personalization, prior consultation, or individual confirmation.
The contract is concluded after individual confirmation between the parties.
Before the customer is bound by an order with an obligation to pay, clear information will be provided about the main product characteristics, price, applicable taxes, shipping costs, payment method, and essential terms.
FISHKISS-Swimwear® may reject orders if the product is unavailable, cannot be made as requested, obvious errors exist, or legitimate reasons prevent acceptance.
5. Payment
Payment is made by bank transfer in advance unless another payment method is expressly agreed.
Production, finalization, or definitive reservation of a personalized product begins only after receipt of payment unless otherwise individually agreed.
6. Shipping and Delivery
Shipping is carried out via Correos and international logistics partners.
The usual preparation time is up to 3 working days, subject to personalized products, limited availability, high-demand periods, or individual agreement.
Standard shipping costs are EUR 15 unless otherwise stated before order confirmation.
Customs duties, import taxes, fees, or similar costs outside the European Union are borne by the customer.
Partial deliveries are not made unless individually agreed.
The transfer of risk is governed by the applicable consumer protection rules.
7. Right of Withdrawal
There is no right of withdrawal for products made according to consumer specifications or clearly personalized, in accordance with applicable law.
This applies in particular to individually adjusted products, size combinations, personalized finishes, individual advice, or adaptations made according to customer specifications.
If, exceptionally, a non-personalized product is sold and is not covered by a legal exclusion from withdrawal, the consumer has the statutory right of withdrawal that applies.
The exclusion of the right of withdrawal does not affect the consumer’s legal rights in the event of manufacturing defects, lack of conformity, or justified complaints.
8. Statutory Warranty and Voluntary Guarantee
Consumers retain all statutory warranty and conformity rights under applicable law.
Any voluntary guarantee offered by FISHKISS-Swimwear® is additional and does not limit statutory rights.
FISHKISS-Swimwear® may offer a voluntary 1-year guarantee for manufacturing defects. Depending on the individual case, the solution may consist of repair, replacement, or an equivalent solution, without prejudice to the consumer’s statutory rights.
Incorrect use, improper washing, alteration, normal wear and tear, or damage caused by external factors may be excluded from a voluntary guarantee.
9. Materials and Care
The products are made and finalized with selected and durable materials.
Hand washing and proper care are recommended.
The customer should follow the care instructions communicated by FISHKISS-Swimwear®.
10. Intellectual and Industrial Property
The brand, designs, images, photographs, texts, content, and commercial presentation of FISHKISS-Swimwear® are protected.
Without prior authorization, it is prohibited to:
- copy or imitate products, designs, or content,
- use the FISHKISS-Swimwear® brand or similar signs,
- resell products under another brand,
- use images or content for commercial purposes,
- commercially exploit photographs, videos, or graphic elements of FISHKISS-Swimwear®.
11. Liability
FISHKISS-Swimwear® is liable in accordance with applicable law.
To the extent permitted by law, damage resulting from incorrect use, improper modification, unsuitable care, false information provided by the customer, external failures, or circumstances outside the reasonable control of FISHKISS-Swimwear® is excluded.
FISHKISS-Swimwear® is not liable for technical interruptions, external attacks, server failures, external data loss, or problems caused by technical providers unless legally attributable responsibility exists.
12. Customer Service and Complaints
For questions, incidents, or complaints, the customer may contact:
FISHKISS-Swimwear® will seek to respond in a reasonable and solution-oriented manner.
13. Privacy
The processing of personal data is governed by the Privacy Policy published on this website.
14. Changes and Severability
FISHKISS-Swimwear® may amend these Terms and Conditions for future purchases.
If any clause is invalid or unenforceable, the remaining terms remain valid to the extent permitted by law.