Terms of service
OVERVIEW
Welcome to Swim Shady USA. The terms “we”, “us” and “our” refer to Swim Shady USA. Swim Shady USA operates this store and website, including all related information, content, features, tools, products and services (collectively, the “Services”) to provide you, the customer, with a curated shopping experience. Swim Shady USA is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights, including mandatory arbitration, a waiver of jury trials, and a waiver of class actions.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you must not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence and that you have given consent for any minor dependents to use the Services on devices you own or manage.
To use the Services, you may be required to provide information such as your email address, billing, payment, and shipping information. You represent that all information you provide is accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your account credentials and all activity occurring under your account. You may not sell, assign, or transfer your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately display our products. However, colors and appearance may vary depending on your device and settings.
We do not guarantee that the appearance, quality, or performance of products will meet your expectations. Product descriptions and availability are subject to change at any time without notice.
We reserve the right to limit quantities, discontinue products, or restrict sales on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you make an offer to purchase. We reserve the right to accept or reject any order at our discretion. An order is not accepted until payment is processed and confirmation is issued.
Purchases are subject to our Returns Policy. All purchases are for personal or household use only and not for resale or export.
SECTION 4 – PRICES AND BILLING
Prices are subject to change without notice. Prices shown exclude taxes, shipping, customs, or import fees unless stated otherwise.
You agree to provide accurate and up-to-date billing information and authorize us to charge your selected payment method for all charges incurred.
SECTION 5 – SHIPPING AND DELIVERY
Delivery dates are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs, or events beyond our control.
Title and risk of loss pass to you upon delivery of the products to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
All content and materials on the Services are owned by Swim Shady USA or its licensors and are protected by intellectual property laws. You may use the Services for personal, non-commercial use only.
Unauthorized use of the Services may violate federal and state laws.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties. Use of optional tools is entirely at your own risk.
SECTION 8 – THIRD-PARTY LINKS
We are not responsible for third-party websites or content. Accessing third-party sites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Swim Shady USA is powered by Shopify. All purchases are made directly with Swim Shady USA. Shopify is not responsible for any aspect of transactions between you and Swim Shady USA. You expressly release Shopify from all claims related to your purchases.
SECTION 10 – PRIVACY POLICY
Your use of the Services is subject to our Privacy Policy [LINK] and Shopify’s Privacy Policy. Information may be processed in countries outside your residence.
SECTION 11 – FEEDBACK
You grant Swim Shady USA a perpetual, worldwide, royalty-free license to use any feedback you submit. We are under no obligation to compensate you for feedback.
SECTION 12 – ERRORS AND INACCURACIES
We reserve the right to correct errors or cancel orders if information is inaccurate at any time.
SECTION 13 – PROHIBITED USES
You may use the Services for lawful purposes only. We reserve the right to suspend or terminate access for violations of these Terms.
SECTION 14 – TERMINATION
We may terminate your access at any time without notice. Obligations incurred prior to termination will survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Swim Shady USA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.
SECTION 17 – PRODUCT USE & ASSUMPTION OF RISK
Products must be used only for their intended purpose and in accordance with provided instructions. Misuse, modification, or failure to follow instructions may result in injury or damage.
To the fullest extent permitted by law, Swim Shady USA disclaims liability for damages or injuries arising from misuse or improper handling.
SECTION 18 – FORCE MAJEURE
We are not liable for failure or delay caused by events beyond our reasonable control, including natural disasters, supply chain disruptions, governmental actions, labor disputes, or carrier failures.
SECTION 19 – INDEMNIFICATION
You agree to indemnify and hold harmless Swim Shady USA and its affiliates from claims arising from your breach of these Terms or misuse of the Services.
SECTION 20 – DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
Any dispute arising out of or relating to these Terms, the Services, or products shall be resolved by binding arbitration administered by the American Arbitration Association.
YOU AND SWIM SHADY USA WAIVE THE RIGHT TO A TRIAL BY JURY.
CLASS ACTION WAIVER: Disputes must be brought on an individual basis only. You waive any right to participate in class actions or class-wide arbitration.
SECTION 21 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Subject to the arbitration provisions above, you consent to exclusive jurisdiction in the state and federal courts located in Delaware.
SECTION 22 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions will remain in effect.
SECTION 23 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Swim Shady USA and supersede all prior agreements.
SECTION 24 – CHANGES TO TERMS
We may update these Terms at any time. Continued use of the Services constitutes acceptance of any changes.
SECTION 25 – CONTACT INFORMATION
Swim Shady USA LLC
5075, 1007 N Orange St. 4th Floor
Wilmington, DE, New Castle, US, 19801
Email: info@swimshadyus.com
Phone: +61 (0) 410 686 574