Last update: December 1st 2020
We invite you to read the following Terms and Conditions before placing an order on our website. By visiting our site and/or purchasing something from us, you agree to be bound by the following Terms and Conditions (“Terms”) whether or not you have read them. If you do not agree to these Terms, do not proceed with your order.
The following Terms govern all order or purchase you make on our website.
SwimGearStore.com (“we”, “us” and “our”) is the website manager and supplier of your order. By placing an order on this website you confirm your acceptance of these Terms without any reserve or condition.
SwimGearStore.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The Terms applicable to your order are the Terms in effect on the date that you place your order. SwimGearStore.com may modify its Terms from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with SwimGearStore.com you represent that you have accessed, read and accepted the Terms applicable to and governing that order.
By placing an order via this website, you guarantee:
- You are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- That the purchase of products on the website has no relation with your professional activity and is limited to a strictly personal use.
Only available products can be ordered. Promotional offers are available for a limited period. Therefore, you have to pay attention to the validity time limit.
We reserve the right to update or modify this Terms at any time without prior notice.
Products and prices
Our products may have limited quantities and are subject to return only according to our Return Policy.
Before placing your order on SwimGearStore.com website, you can see the main characteristics of product you wish to order (sizes, colors, composition, description, price). You can select one or several products among the various categories proposed on SwimGearStore.com website.
The Products are described and displayed as accurately as possible. However, we cannot be responsible either in case of minor error or omission, or for minor differences with the photographs of the products.
The availability of the products presented on the web site is checked before we confirm the order. However, we reserve the right to refuse any order in the event of exceptional difficulties of supply. If the Product is sold-out, it will be cancelled and removed from the order and you will be fully refunded. However, the rest of the order shall remain firm and final.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Prices displayed on the website are the prices for the product you will purchase. During the checkout process, shipping, handling fees and taxes are listed, if applicable. You are responsible for the payment of any shipping and handling fees and any federal or provincial taxes that may apply to your order. Taxes are charged based on Federal and Provincial laws. Tax rate is based on shipping address provided at the time of checkout.
The current prices are those displayed on the site and can be modified by us at any time. This amendment will be reported before acceptance of the order by the client.
SwimGearStore.com’ pricing is very competitive, and we make it our business to offer the best product at the best possible price. If you notice that an item has been marked down within seven (7) days of the date of your purchase, SwimGearStore.com will offer a price adjustment in the form of a coupon code, applicable to a future purchase. We do not accept requests for refund due to price differences. Note that the item must still be available in the same size and colour to be eligible for reimbursement.
- Specifics conditions on promotional offers
In the context of a commercial operation like “Coupon code” or “Bundle offer” the discount will be distributed proportionally on the value of each item.
You can view and learn about each item at the online store before adding them to your shopping cart. The available sizes are shown on each product page, and a size guide is provided to help you choose the desired size. When you want to buy an item, select the size, quantity and then click on “Add to cart.” If you want to change the contents of your shopping cart, you can do so at any time. Once your online shopping is completed and you have checked your order, click on “Proceed to checkout” to proceed with the payment.
You can check and modify your shopping cart as many times as you want before proceeding with your payment.
In order to finally validate your purchase, you will receive a summary of the essential information of your contract (contact of our company, essential characteristics of the product(s), price, fees, time delivery and mode of delivery, withdrawal right, costs of returning of the product(s)).
Your definitive acceptance, which involves a payment obligation, is made by entering your credit card information (Number of credit card and expiry date) or PayPal information (login and password) for on-line payment.
From your last acceptance click, your purchase will be considered as definitive. However, you may cancel your order within 12(twelve) working hours by contacting us.
When you purchase a product on the website, the contract exists when your order has been accepted by us and when we send you an order confirmation email.
As soon as your parcel is sent, we will send you a delivery confirmation email.
In the event that one or many purchased items are no longer available, we will send you an email to let you know.
If you do not receive a notification about this matter, all the items ordered will be shipped according to the shipping method you chose when you completed your online order.
We reserve the right to refuse any order placed on our website. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or for the same account, the same credit card and/or orders that have the same billing and/or delivery address. In the case of a modification or cancellation of an order, we will contact you by email and/or billing address and/or telephone number provided at the time the order is placed. We reserve the right to limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors or were made simultaneously due to a technical problem. We will not be liable to you by reason of our withdrawing of any Product from this website, removing or editing any materials or contents on this website.
You may pay for your order using American Express, MasterCard, Visa or Paypal.
Cash, credit vouchers, cheques, gift cards or international credit cards are not accepted. When paying by credit card, your name, address and postal code must match the name, address and postal code on your credit card statement.
You authorize SwimGearStore.com to charge the applicable payment method the total amount of your order, including applicable taxes and shipping and handling fees. You represent and warrant that you are the holder of the applicable card or account. If your payment method cannot be validated or processed, your order will not be shipped and SwimGearStore.com will have no obligation to fulfil your order.
You may track your order using the tracking number sent to your e-mail address at the time of order.
- FREE SHIPPING: Order over $99 – 7-10 business days
- FLAT-RATE $7 – 7-10 business days
- EXPRESS SHIPPING $25 – 2-3 business days
- Shipping rates vary based on locations
If in 30 (thirty) days from the delivery confirmation email you do not receive your order, please contact us.
Returns and exchanges
Your right to be refunded only applies to products that are returned in the same condition as you received them. You should also include all of the products instructions, documents and wrappings. Any product which is damaged or not in the same condition as you received it or which shows signs of wearing after opening it will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.
Final Sale items will not be accepted for return, if returned it will not be refunded or sent back.
To return your order, you have up to 30 (thirty) days after you have received your order.
The items you wish to return must be sent via regular shipping services. The shipping of your returned item must be insured and payed for. We do not accept COD (collect on delivery) packages. If you insure your package, you can track it with Canada Post. SwimGearStore.com is not responsible for parcels lost in the mail.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
All content included in or made available through SwimGearStore.com including but not limited to sounds, videos, text, graphics, logos, button icons, images, designs, trademarks, trade name, trade dress, data compilations and underlying technology belong solely and exclusively to us or to our licensors or to our content suppliers and are protected under International intellectual property Laws. It is strictly forbidden to copy, reproduce, download, post, transfer or distribute any element which comes from SwimGearStore.com, in any way. Thus no content can be used without being counterfeit.
This does not prevent you from using this website to the extent necessary to make a copy of any order or contact details. Any hypertext link to SwimGearStore.com which use the “framing” and the on-line linking” techniques is strictly forbidden. In any case, any link may be removed on simple request of SwimGearStore.com.
You agree to indemnify, defend and hold harmless SwimGearStore.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Unless the applicable laws of your jurisdiction require that the laws of such jurisdiction govern, these Terms are governed by and construed in accordance with the laws of the Province of Alberta and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Edmonton, Province of Alberta. If any provision of the present Terms shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.