TERMS & CONDITIONS
This website is operated by Elidi Swim. These Terms of Service set out the agreement for online trading between Elidi Swim, hereafter referred to as 'we', 'us', 'our', and the user of this website, 'you'. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, "Agreement"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
You can review the most current version of the Terms of Service at any time on this page. Elidi Swim reserves the right to modify or amend these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting on the website. Your continued use of the website after any modifications to these terms will constitute your acceptance of these changes.
YOUR ACCESS/ USE IMPLIES AGREEMENT
Our website is available for your use only on the condition that you agree to these Terms of Service. By accessing any part of the site or service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access our website.
1: CONDUCT
By agreeing to these Terms of Service and the associated Privacy Policy, you represent that you are of the age to make a legally binding contract, 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.
Our website has been developed for use by customers and intended customers. You agree not to use the website, service or products in any way that causes or is intended to cause access or harm to the website, violation of any laws in your jurisdiction, fraudulent purposes or breach of copyright, trademarks, privacy or any other right.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2: TERMINATION
We reserve the right to refuse service to anyone for any reason at any time prior to the products being dispatched to you. Elidi Swim shall not be liable to you for any costs, expense, or damages whatsoever for terminating this agreement. If the product has not been delivered to you prior to any termination of the agreement by us, Elidi Swim will refund you any payment you have made prior to termination. Elidi Swim may also terminate the agreement under which you can use this website immediately without notice if you are in breach of any term of this agreement.
3: PRIVACY & PERSONAL INFORMATION
Elidi Swim is bound by the Privacy Act 1988, which sets out a number of principles concerning the privacy of individuals. Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy please visit our 'Privacy Policy' page.
4: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (eg. competition 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. Elidi Swim is under no obligation to keep such information confidentiall and will have an unrestricted, irrevocable, royalty-free right worldwide to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner we choose.
5: ERRORS & INACCURACIES
From time to time errors occur. Elidi Swim has the right to refuse or cancel any orders placed for any products listed at the incorrect price or with incorrect information. In the event your credit card has already been charged for the purchase and your order is cancelled, Elidi Swim will immediately issue a credit to your credit card account in the amount of the charge.
All the material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. We do not warrant the accuracy, adequacy or completeness of the material on this website. The contents of this site may be modified at any time, but we have no obligation to update any information on our site. Elidi Swim is not liable to you or to any third party for any modification, price change, suspension or discontinuance of a product.
6: PRODUCTS AND SERVICES
We have made every effort to display as accurately as possible the colours and images of our products, however colours may vary slightly due to different photography lighting conditions and technology display settings. We cannot guarantee that your computer, mobile or other electronic devices monitor which displays our products colour will be accurate. Minor differences in colour and other slight variations in products are possible due to different image acquisition, display technologies or other technical reasons. To the maximum extent permitted by applicable laws, Elidi Swim is not liable for these variants and deviations.
7: PRICING
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
8: OWNERSHIP
The website and all its contents is owned or licensed by Elidi Swim and is protected under the Copyright Act 1968 and by other copyright laws in both Australia and other countries. All custom graphics, prints, icons, and other items that appear on the website and all associated trademarks are trademarks of Elidi Swim. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.
9: LIMITED LICENCE
You are granted a limited, non-exclusive, non-transferable licence to access and use the website for personal, non-commercial purposes. This licence does not permit you to modify, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information or content obtained from the website.
10: GUARANTEE
Elidi Swim guarantees that the products that you receive under this Agreement shall be of normal industrial quality and fit for purpose. Any faulty products will be offered a full refund. Full information can be found under the 'Returns Policy'.
11: GOVERNING LAW
The Terms of Service agreement and all other policies are governed by the laws applicable of the state of New South Wales in Australia. Both parties submit to the non exclusive jurisdiction of the New South Wales Courts.
12: SALE ITEMS
All items purchased on sale are considered final sale and are not eligible for a refund or store credit (unless faulty). Elidi Swim does not offer price matching for items purchased prior to a sale. Discount codes are not valid on sale items.
13: PAYMENT
Payment is only accepted by means of the credit card types as shown and PayPal. We are unable to process any other payment form.
14: SHIPPING
When you place an order, it will be shipped to the address provided. All purchases on this website are made pursuant to a shipping contract. As a result, once the product has been dispatched by Elidi Swim, we are no longer liable for losses/ damages and this risk is passed to you upon the handover of items to the carrier.
Customs/ duties are not the responsibility of Elidi Swim. More information can be found on our 'Shipping Policy'.
15: DISCLAIMER OF WARRANTIES
Elidi Swim makes no warranties, express or implied, regarding the accuracy, reliability, completeness, or timeliness of the information or content on the website. The website and its contents are provided on an "as is" and "as available" basis.
16: LIMITATION OF LIABILITY
To the fullest extent permissible by applicable law, Elidi Swim shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of or inability to use the website or the products offered on the website.
17: INDEMNITY
You agree to indemnify, defend and hold harmless Elidi Swim, our subsidiaries, affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, 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 of service or the documents they incorporate by reference or your violations of any law or the rights of a third-party.
18: ENTIRE AGREEMENT
This Terms of Service agreement together with the other policies on this website are the entire agreement between us. Please also note the Privacy Policy, Returns Policy and Gift Card Policy. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Should you breach any terms or conditions, and we take no action against you, we shall be entitled to invoke our rights and remedies in any other situation where you breach these conditions.
If you have any questions about the Terms of Service, please contact us.