1. Introduction
1.1. The sale of ‘swimminwimmin branded products and resale items to you through this site (hereinafter referred to as the ‘Website’) is governed by these General Terms and Conditions of Sale. Please read these General Terms and Conditions of Sale carefully before submitting your order to swimminwimmin. These General Terms and Conditions of Sale will tell you who swimminwimmin are, how swimminwimmin will deliver products to you, how swimminwimmin may change the contract, what you should do if you have a problem and other important information. If you think there is a mistake in these General Terms and Conditions of Sale, please contact swimminwimmin to discuss.
The products offered on the Website (the ‘Products’) are sold directly by swimminwimmin CIC (hereinafter referred to as ‘swimminwimmin). swimminwimmin CIC is a company incorporated under English law, with registered office at Rosecliston, Trevemper, Newquay, TR8 5JS. Company registration no. GB 13111317.
1.2. The purchase of goods via this Website and governed by these General Terms and Conditions of Sale are exclusively reserved to consumers (hereinafter referred to ‘you’).
These General Terms and Conditions of Sale and any contract between swimminwimmin and yourself are only available in English. The purchase of our Products is exclusively governed by the General Terms and Conditions of Sale published on the Website at the time of your purchase and in force at the time of the relevant purchase.
swimminwimmin reserves the right to amend the General Terms and Conditions of Sale hereof at any time without notifying you. However, any amendments shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale are published online. Where the General Terms and Conditions of Sale are replaced with a new version the previous version of the General Terms and Conditions of Sale will no longer be applicable, effective or enforceable in relation to any purchases made after such previous version is removed from the Website.
2. Product availability
2.1. You acknowledge that the Products offered by swimminwimmin on the Website are limited in number and you are therefore aware that swimminwimmin shall need to check their availability at the time of order. After placing your order, you will receive an e-mail from us acknowledging that we have received your order. At this point we will check availability and therefore please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 4.2 below.
2.2. Occasionally Products may be unavailable or partially available. This might be because the Product is out of stock, because of unexpected limits on our resources which SWIMMINWIMMIN could not reasonably plan for, because SWIMMINWIMMIN has identified an error in price or description of the Product or because SWIMMINWIMMIN is unable to meet a delivery deadline specified. In such circumstances, SWIMMINWIMMIN shall inform you promptly (and in any case within the deadlines specified below) by email that the order placed has been cancelled, and SWIMMINWIMMIN will not charge you for the Products. Please see paragraph 4.3 below.
In the event the order is only partially available, you will be informed about that. However, you agree and accept to receive only the Products available, unless you have selected on the Website the option to receive the entire order as a whole. In such case, SWIMMINWIMMIN will ask you if you either wish to receive the Products that are available or fully cancel the order.
2.3. SWIMMINWIMMIN reserves the right to vary the Products sold on the Website at any time, without any notice to you.
3. Purchasing process
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the Product photographic images, unit price and sizes (as appropriate). For those Products expressly marked on the Website as ‘Pre Order’ or as ‘Pre Ordered Product’ not yet ready to be shipped, the relevant dedicated link will also show the relevant estimated delivery date.
3.2. SWIMMINWIMMIN reserves the right to vary at any time any such limitations to the number of Products that can be purchased through the Website.
3.3. The Products selected by you shall be placed into a special section (hereinafter referred to as the ‘Shopping Bag’). The Shopping Bag shall contain a description of the Products, including details of any applicable variations and one or more digital photographic images clearly showing the Products.
3.4. The digital photographic images of the Products provided on the Website and the Shopping Bag are for illustrative purposes only. Although SWIMMINWIMMIN has made every effort to display Products accurately, SWIMMINWIMMIN cannot guarantee that a device’s display of a Products accurately reflects the Products. Your Products may vary slightly from those images.
3.5. To view the Products selected and the total price of the purchase order, please visit the Shopping Bag page. The purchasing process allows you to check and amend any errors before submitting your order to SWIMMINWIMMIN. Please take the time to read and check your order at each stage of the purchasing process. Before confirming the relevant order (hereafter referred to as the ‘Order’), be careful to check the accuracy of the contents of the Shopping Bag and fill in the Order form in accordance with the instructions provided on the Website.
3.6. The purchasing process is completed as soon as you press the relevant final Order confirmation button (hereinafter referred to as the ‘Buy Button’), thereby validating your Order, which will be directly submitted to SWIMMINWIMMIN .After pressing the Buy Button, the contents of the Order may no longer be modified by you.
3.7. Before confirming the Order, you are required to confirm that you have read and accepted these General Terms and Conditions of Sale. At the end of the purchasing process, you may want to save or print off these General Terms and Conditions of Sale for your records.
3.8. The purchasing process as set out in this paragraph must be fully completed. Failure to do so will mean that the Order cannot be submitted to SWIMMINWIMMIN.
3.9. SWIMMINWIMMIN will use the personal information you provide to SWIMMINWIMMIN: (i) to supply the products to you; (ii) to process your payment for the Products; and (iii) if you agreed to this during the order process, to give you information about similar Products that we provide. You may stop receiving this information at any time by contacting SWIMMINWIMMIN or using the automated opt-out facility that is provided on our digital communications. SWIMMINWIMMIN will only give your personal information to other third parties where the law either requires or allows SWIMMINWIMMIN to do so. Please see SWIMMINWIMMIN’s Privacy Policy for further details. Our Privacy Policy link is shown on the Website footer.
3.10. Where you have registered to log into the Account area of the Website, you may check your Order status by accessing the ‘My Orders’ page.
3.11. You are aware that you are responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the purchase.
3.12. You are aware that on the Website you also have the opportunity to order a selection of Products before their commercial launch or distribution and placement in the market (‘Pre Ordered Products’). You acknowledge that such Products are not yet available for general sale and therefore cannot be delivered at the time of submitting your Order and on receipt of the Confirmation Email as defined in the below paragraph 4.2. The Pre Ordered Products are clearly identified and marked on the Website through the wording ‘Pre Order’ or ‘Pre Ordered Product’.
3.13. You acknowledge and agree that if you order a Pre Order Product the relevant price shown on the Website and displayed in the Shopping Bag section shall be charged in advance to you at the moment of the receipt of the Confirmation Email (‘Pre Order Payment’).The Pre Ordered Product will be delivered to you on or before the relevant estimated date specified in the Product page description on the Website at the time of making your Order. Where your Order contains one or more Pre Ordered Products in addition to the Products already available, all the relevant prices related to such Order shall be charged in advance to you at the moment of the receipt of the Confirmation Email, even if such Pre Ordered Products will not be delivered until the relevant estimated delivery dates specified in the Product pages description.
3.14. Any further specification related to the payment, delivery and confirmation of the Pre Ordered Products is referred to below in the respective sections.
3.15. You acknowledge and agree that, except for what is specifically provided herein for the Pre Ordered Products, the other clauses of these General Terms and Conditions of Sale hereof will apply to Pre Ordered Products.
4. Execution of contract
4.1. Once you have confirmed your Order and pressed the Buy Button the Order is submitted to SWIMMINWIMMIN for processing and cannot be further modified or cancelled. The Order placed by you shall only be processed by SWIMMINWIMMIN if the entire purchasing process has been duly completed, without any error being reported by the Website. After placing your Order, you will receive an e-mail from SWIMMINWIMMIN acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. SWIMMINWIMMIN’s acceptance of your Order will take place as set out below.
4.2. SWIMMINWIMMIN’s acceptance of your order will take place when SWIMMINWIMMIN email you to confirm that the Products are available (‘Confirmation Email’), at which point a contract will come into existence between you and SWIMMINWIMMIN.
The Confirmation Email shall be sent to the address you provide in the order form and shall set out a confirmation of the Order and a summary of the details of the Order, such as the Product’s description and main features, the total order price, including any shipping costs, the address for complaints, information on after-sale services and your right of withdrawal and its exercise.
4.3. SWIMMINWIMMIN reserves the right to not accept the Order placed by you, and you will not receive a Confirmation Order, in the following events:
a) the Products included in the Order are unavailable notwithstanding what is applicable to Pre-ordered Products;
b) there is a dispute between SWIMMINWIMMIN and you relating to a previous Order;
c) you breached the General Terms and Conditions of Sale on previous occasions or have not fulfilled your obligations arising therefrom;
d) You have been involved in, or are suspected of, illegal or fraudulent activities. In such events, SWIMMINWIMMIN shall inform you by email, within 30 days of the date of receipt of the Order, of the cancellation of the Orders received. In such a case, no Order shall be deemed to have been accepted by SWIMMINWIMMIN.
4.4. In the event of partial availability of the Products, if you have selected the option to receive the entire Order as a whole, you will be asked if you either wish to receive the Products that are available or fully cancel the Order. If the cancellation is only partial, you shall only be charged for the price of the Products actually purchased.
You agree and accept to receive only the Products available unless you have selected on the Website the option to receive the entire Order as a whole.
5. Price and Method of Payment
5.1. The prices of all Products offered for sale on the Website are inclusive of any relevant applicable local tax. If the rate of tax changes between your order date and the date SWIMMINWIMMIN supply the Product, SWIMMINWIMMIN will adjust the rate of tax that you pay, unless you have already paid for the Product in full before the change in the rate of tax takes effect.
5.2. The relevant prices shall be shown in Pound Sterling.
5.3. The total price displayed in the Shopping Bag includes shipping costs possibly applicable, which shall be indicated separately.
In any event, SWIMMINWIMMIN shall seek your express consent to charge any additional cost.
5.4. The prices shown on the Website and displayed in the Shopping Bag section, upon confirmation by you of the Order by pressing the Buy Button, shall be charged to you, provided that the Products ordered are available in that moment, except for any Order containing Pre Ordered Products for which the relevant amount shall be charged in advance according to the following paragraph 5.6, even if they are not ready to be shipped at the time you place your Order.
SWIMMINWIMMIN reserves the right to modify the prices of the Products offered for sale on the Website at any time without notice.
5.5. SWIMMINWIMMIN only accepts credit cards and the other payment methods expressly indicated on the Website.
5.6. For the purposes of credit card payments, you confirm and warrant that you are the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to you only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by you of the debit authorisation, and (iii) SWIMMINWIMMIN’s confirmation that the Product is available and, in any event, after the Order is ready to be processed.
For all Orders, including those that: (i) comprise of only Pre Ordered Products; and (ii) are comprised partially of Pre Ordered Products, the total transaction amount will be charged for all Products at the time of the Confirmation Email – namely all those Products already available at the time you place your Order, and any Pre Ordered Products not ready to be shipped at the time you place your Order. No amount will be charged at the time of submission of the Order.
5.7. For the purposes of payment through other payment service providers, you confirm and warrant that you are the owner of the account used for the purchase.
You shall only be charged the relevant transaction amounts after receipt of the Confirmation Email from SWIMMINWIMMIN.
5.8. The purchased Products shall only be shipped after due payment of the amount owed by you.
In the event you cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated, and the sale cancelled, and you shall be subsequently notified accordingly.
5.9. In the event one or more Products are unavailable and you have decided not to fully cancel the Order, you shall only be charged the price of the available Products and the possible related shipping costs.
6. Delivery
6.1. You will receive the Products separately as soon as they are ready for shipping unless you have selected on the Website the option to receive the entire Order as one shipment. The Products shall be delivered to the address indicated by you in the Order. Your signature may be requested upon delivery of the Products.
6.2. For security reasons, SWIMMINWIMMIN shall not process any order addressed to a post office box or accept any order that does not allow us to identify the natural person held to be the recipient of the order and the relevant address.
6.3. The Products offered for sale on the Website may only be delivered to addresses in those countries made available through our automated checkout facility. Orders requiring delivery outside of an accepted country shall be automatically rejected upon processing of the Order.
6.4. In the event you are subject to the application of shipping costs, such costs shall be indicated expressly and separately from any other cost or expense upon completion of the filling in of the Order and prior to pressing the Buy Button.
6.5. In compliance with the applicable laws currently in force, the term within which SWIMMINWIMMIN is required to deliver the Products purchased is within 30 (thirty) days of the date SWIMMINWIMMIN accept your Order, with the exception of events of force majeure.
In every case in which the relevant Order refers to Pre Ordered Products, the delivery date may be longer than 30 days and SWIMMINWIMMIN shall deliver these Products at the estimated delivery dates or during the estimated delivery period as agreed with you, via the Product page description. You must examine the Products when you receive them.
6.6. In the event SWIMMINWIMMIN does not deliver the Products ordered within the above timeframe, you may request that SWIMMINWIMMIN deliver such Products within an additional time adequate to the circumstances. However, you have legal rights if SWIMMINWIMMIN deliver any goods late. If SWIMMINWIMMIN miss the delivery deadline for any goods then you may treat the contract at an end straight away. If you do choose to treat the contract as at an end for late delivery under this paragraph, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that SWIMMINWIMMIN will refund any sums you have paid to SWIMMINWIMMIN for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to SWIMMINWIMMIN or (if they are not suitable for posting) allow us to collect them from you. SWIMMINWIMMIN will pay the costs of postage or collection. Please contact SWIMMINWIMMIN in accordance with paragraph 8.6.7. SWIMMINWIMMIN shall have the right to split the Order into multiple shipments, according to the availability of the Products for delivery, and you will receive the Products separately upon their availability to be shipped, unless you have selected on the Website the option to receive the Order as a whole. SWIMMINWIMMIN may either charge you for the Products as and when these are shipped or as a single payment.
6.8. As soon as the purchased Product is shipped, you shall receive an email to the address indicated in the Order. SWIMMINWIMMIN’s Customer Service may provide assistance with problems relating to the delivery, however, our ability to assist may be affected by the terms of service imposed by our delivery agents. You may contact SWIMMINWIMMIN’s Customer Service by email at info@swimminwimmin.co.uk
6.9. You shall bear the risk of loss or damage to the Products from the moment in which you, or a third party appointed by you and other than the carrier, physically takes possession of such Products.
In the event, on the other hand, the loss or damage to the Product occurs prior to the physical delivery to you or a third party appointed by you SWIMMINWIMMIN shall refund you any amounts already paid.
7. Product Conformity
7.1. At the time of delivery, you are required to check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity. The sale of ‘SWIMMINWIMMIN’ Products is subject to the legal guarantees provided for under the applicable laws, as well as to any additional contractual warranties possibly provided to you.
8. Returns and refunds – Withdrawal
8.1. You have the right to withdraw from the contract within 14 (fourteen) days of the delivery or collection of the Products. For split Orders, the relevant term shall begin on the day of delivery or collection of the latest Product.
8.2. In order to exercise the right of withdrawal, you must follow the specific detail accessible in the ‘Returns’ section of the Website or directly in the ‘My Account’ section if you are registered on the Website.
8.3. You may also request the address the Products must be returned to by contacting SWIMMINWIMMIN at the following email address: info@swimminwimmin.co.uk
8.4. You undertake to return the Products for which you have exercised the relevant right of withdrawal without undue delay and, in any case, within 14 (fourteen) days of the date the exercise of the right of withdrawal is notified to SWIMMINWIMMIN.
8.5. Products must be returned in the same conditions in which they were delivered. You must therefore ensure that the Products are intact and complete, that they have never been used or damaged in any way and returned in their original packaging. You are also informed that, based on security and hygienic-sanitary reasons, certain products cannot be returned if the sealing cellophane and the original packaging has been opened, damaged, altered or removed. SWIMMINWIMMIN shall check the packaging and conditions of each Product returned, given the substantial integrity of such Products an essential requirement for the exercise of the right of withdrawal.
SWIMMINWIMMIN reserves the right to reject the return of such Products that should result to have been damaged, deteriorated or appear to be in a condition that unequivocally shows that they have been used for purposes other than for those verifications by you strictly necessary to ascertain the nature and features of the Product purchased.
In the event the return is rejected, SWIMMINWIMMIN shall send a specific notice to you and shall consequently not proceed to credit the amount paid by you, reserving as well the right to claim compensation for any damage attributable to your behaviour.
8.6. SWIMMINWIMMIN shall refund any amounts due for the Products returned without undue delay and in any case within 14 (fourteen) days of the date on which SWIMMINWIMMIN becomes aware of the exercise by you of the right of withdrawal.
In any event, SWIMMINWIMMIN reserves the right to withhold the refund either until receipt and verification of the Product or until proof by you that you have returned the product duly and in intact conditions, whichever occurs first.
The aforementioned refund shall be made by crediting the amount paid by you with the same payment method used for the purchase, unless otherwise expressly agreed by you and provided that no additional costs are incurred as a result of the refund.
SWIMMINWIMMIN shall inform you by email of refund of the amount.
8.7. SWIMMINWIMMIN shall not be under the obligation to refund the delivery costs of the Products in the event you have specifically selected a delivery method other than the standard delivery offered by SWIMMINWIMMIN.
8.8. The return of Products under this section is only permitted in respect of purchases made on the Website.
Limitation of liability
9.1. If SWIMMINWIMMIN fails to comply with these General Terms and Conditions of Sale, SWIMMINWIMMIN are responsible for loss or damage you suffer that is a foreseeable result of SWIMMINWIMMIN breaking this contract or SWIMMINWIMMIN failing to use reasonable care and skill, but SWIMMINWIMMIN are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both SWIMMINWIMMIN and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2. SWIMMINWIMMIN have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. SWIMMINWIMMIN only supply the Products via the Website for domestic and private use. If you use the Products for any commercial, business or re-sale purpose SWIMMINWIMMIN will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3. SWIMMINWIMMIN do not exclude or limit in any way our liability to you where it would be unlawful to do so. Subject to the extent permitted by law, our total liability to you in respect of all other foreseeable losses arising under or in connection with the General Terms and Conditions of Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Products per Order.
10. Product authenticity and intellectual property rights
10.1. SWIMMINWIMMIN warrants the authenticity and high quality of all the Products offered for sale on the Website.
10.2. The ‘SWIMMINWIMMIN’ trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the ‘SWIMMINWIMMIN’ products, relevant accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of SWIMMINWIMMIN CIC. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, is strictly forbidden.
11. Disputes
11.1. The General Terms and Conditions of Sale hereof are governed by English law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the customer, applicable in the country of habitual residence of the customer.
11.2. In the event of a dispute arising from the interpretation and/or application of the General Terms and Conditions of Sale hereof, the court of the place where you is domiciled or resident, if located in England shall have exclusive and mandatory jurisdiction. In the event that your domicile or residence is not located in England, you may, at your election, refer the matter either to the court of the place where you are domiciled or resident or to the English courts.
Alternatively, the customer may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws currently into force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr
12. Contact details
12.1. For any complaint, additional information or assistance relating to the Website or to the purchasing process and, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale, you may send an email to the following address: info@swimminwimmin.co.uk