Terms and Conditions of Sale
(“Terms and Conditions of Sale”)
These terms will apply to any contract between us for the sale of products to you. You should read these terms and conditions carefully before ordering products via our website or from our customer care team. We reserve the right to change these terms and conditions from time to time. The latest terms and conditions will be displayed on our website and we advise you to read through them each time that you use our site.
Please note that by clicking the “Order Now” button, you are confirming that you have read, understood and accept our Terms and Conditions of Sale or placing an order over the phone with our customer services team you are agreeing to be bound by these terms. Unfortunately, you will be unable to order products from us if you refuse to accept these terms and conditions.
INFORMATION ABOUT US
www.swimzi.com is a site operated by Swimzi Limited (“we”, “us” or “our”). We are registered in England and Wales under company number 09919466 and with our registered office at Unit 4N, Sileby Road Industrial Estate, Barrow Upon Soar, Leicestershire, LE12 8LP, UK. Our VAT number is GB 237 8927 61.
Any queries about your order, our website or these terms and conditions should be directed to our Customer Care team by phone on +44 (0) 1509 649500, by email at [email protected] or by writing to us at: Customer Care team, Swimzi Ltd, Unit 4N, Sileby Road Industrial Estate, Barrow Upon Soar, Leicestershire, LE12 8LP, UK
- USE OF OUR SITE
Your use of our site is governed by our Website Terms and Conditions and you should take the time to familiarise yourself with these terms.
- YOUR STATUS
You may only place an order through our site or over the phone with our customer care team, if you are at least 18 years old; are legally capable of entering into binding contracts; and you are a ‘consumer’ (being an individual purchasing the products outside the course of his or her business or trade). All products that you order are for your own private and domestic use and are not for resale, and you confirm and agree not to use any products for commercial, business or re-sale purposes.
- THE CONTRACT BETWEEN YOU AND US
You may choose to purchase goods from us by adding your product selection to your shopping bag. By pressing the “Order Now” button, you are submitting to us a binding offer to purchase the goods in your shopping bag. You may review and amend your order before you press the “Order Now” button and you should ensure that you have checked the order thoroughly before submitting it to us. Please note it is not possible to amend an order once it has been submitted. You will receive an Order Confirmation from us via e-mail which will be sent to the email address of the account holder. This Order Confirmation email acknowledges that we have received your order but does not constitute our acceptance of the order.
We will take an authorisation from your payment method when you place your order to ensure that you have sufficient funds in your account. For all payment methods payment will be taken from at the time the order is placed. If we experience a problem with your payment authorisation, we may contact you to conduct additional security checks.
All orders are subject to acceptance by us. We confirm such acceptance to you by sending you a Dispatch Confirmation note (the “Dispatch Confirmation”) by e-mail when the goods are dispatched. The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation, and the Contract will relate only to those products detailed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
If a product you have ordered is out of stock, we will send you an email informing you of this and will dispatch the items to you when they come back into stock. If we are unable to dispatch an item that you have ordered (for example, because the item has sold out and will not come back into stock, we will contact you to advise you of this. You will be refunded for the goods ordered but not dispatched as soon as possible. If we experience a problem with your refund, we will contact you to conduct additional security checks.
- PRICE AND PAYMENT
The price of any products will be as quoted on our site except in cases of obvious error.
The price of the products is stated inclusive of VAT (where applicable) but excludes delivery costs. Therefore, the price of goods delivered within the EU includes VAT where applicable. The price of goods delivered outside of the EU (including the Channel Islands) do not include VAT where it is not applicable for the country of delivery and therefore no VAT can be reclaimed or discounts offered in this respect.
Delivery costs are set out in our Delivery Guide. Such costs are borne by you and are separately stated in your shopping basket and added to the total amount due.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
You may pay for products using Visa, Mastercard, Maestro, Visa Delta, PayPal or a Swimzi gift voucher and you can select your payment type at the time you place the order with us. Upon receiving your order we carry out a standard pre-authorisation check on your payment method (card or Paypal) to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Payment from credit or debit cards, PayPal or Swimzi gift vouchers will be taken when the when the order is placed.
Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced, although we would expect such instances to be extremely rare. In such cases, we may contact you to inform you of the correct price and you will be given the option to cancel or continue with your order. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- RETURNS, EXCHANGES AND REFUNDS
Please see our Returns Policy section for details of how to return or exchange our products.
Nothing in these terms and conditions affects your legal rights as a consumer in respect of products which are faulty or not as described. Advice about your legal rights is available from the Citizens’ Advice Bureau or Trading Standards.
In addition to our returns policy, you have the right to withdraw from your contract under the Consumer Contracts Regulation Act 2013. See Right of Withdrawal for details.
Please note that we do not accept returns of certain products for unless the goods are faulty. These are items that have been personalised and swimwear for hygiene reasons. Your Right of Withdrawal and our Returns Policy does not apply to these products.
If you have purchased products as part of a promotional offer or discount, the refund will be adjusted to reflect any failure to meet the original promotional requirements as a result of returning the product.
Except when returning faulty goods, returns are at your cost. In the case of faulty goods, we will also refund to you any reasonable costs of returning the product where these have been incurred, which for the avoidance of doubt will be at the prevailing Post Office rate of second class postage or local equivalent.
Items should be returned to us within 30 days of purchase. For purchases during November and December, we extend our returns period, so you have until 31 January to return such goods to us. All items should be returned to us in the same condition in which they were received by you, and we may have a right of action against you for compensation if you do not comply with this obligation. Items should be returned with original packaging and tags wherever possible. All products are returned at your own risk. Please make sure that you obtain a ‘proof of posting’ from your Post Office or dispatch agent.
We examine all goods returned to us and will process any refund to which you may be entitled as soon as possible. We will contact you as soon as possible if there is an issue with your return that may prevent or delay a return or exchange from being processed.
Refunds are usually processed using the same method originally used by you to pay for your purchase. Exchanges will be shown on your account as a refund of the original product and a purchase of the new product, so you will see these as two transactions on your account.
Goods purchased online using a gift card may be posted to our returns address:
Unit 4N, Sileby Road Industrial Estate
Barrow Upon Soar
Where a product purchased wholly with a gift voucher is returned, supported with the transaction receipt, the price paid will be refunded onto a new gift voucher. If a refund is made for a purchase using a gift card combined with another method of payment, provided the original transaction receipt is produced, the amount owing will be credited to the original payment method (debit/credit card) and a new gift voucher. If the original transaction receipt isn’t presented, refunds will only be made onto a new gift voucher at the current value of the product at the time of the return.
Gift cards purchased online are subject to the Financial Services Distance Selling Regulations and the original purchaser may obtain a refund within 14 days of delivery by contacting our Customer Services team on +44 (0) 1509 649500. We are unable to refund you for the purchase of a gift card through our website.
- RIGHT OF WITHDRAWAL
In addition to our Returns policy, as a consumer you have a legal right to cancel a Contract with us under the Consumer Contracts Regulations 2013 (“CCR”) during a specific time period. You have the right to cancel a Contract during the period that begins on the date of dispatch and ends 14 calendar days from the day after the day you receive the products. To exercise your statutory right of withdrawal, you can contact us at [email protected], informing us of your decision to exercise your right of withdrawal, and by providing us with your details including your name, address, contact number and email address. Or you can complete the attached form and email it to us at [email protected]. If you cancel your Contract with us in this way, you should return the goods to us, in their original packaging wherever possible, within 14 days of informing us of your wish to cancel. Provided you return the full order to us in accordance with the above timescale and process, you will be entitled to a full refund including the cost of delivery at our standard delivery rate. If you return only some of the items from your original order, we will not be able to refund your delivery charge. We will process the refund as soon as possible, and no later than 14 calendar days from the date we receive the products back. If your order was cancelled before the goods were dispatched, we will process your refund within 14 days from receipt of your cancellation provided you have complied with the conditions set out in this Rights of Withdrawal section. Your Right of Withdrawal does not apply in the case of those products which cannot be returned. These are items that have been personalised and, for hygiene reasons, swimwear.
If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage.
- RISK, TITLE AND WARRANTY
Ownership of the products will pass to you when we have received full payment for all sums due, including delivery charges, in respect of the products. The products will be at your risk from the time of delivery.
At the time of supply, any product purchased by you will be of satisfactory quality, free from material defects and reasonably fit for all the purposes for which products of the kind are commonly supplied. However, we are not liable for, and any warranties express or implied do not apply to, any defect in the product arising from fair wear and tear, failure by you to follow specific care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party.
We only supply products for domestic and private use and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Our liability for losses you suffer as a result of us breaching these terms and conditions is strictly limited to the purchase price of the goods you purchased from us. The above does not exclude or limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987 or for breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Delivery choices, times and costs are set out in our Delivery Guide.
Dates and times given are estimates only and although we will use reasonable efforts to fulfil your order within the estimated delivery times set out, we cannot guarantee this. Products will be delivered to the delivery address that you advised when placing your order. If you provide instructions to us or any third party used by us in relation to the delivery of your order, you are responsible for ensuring the appropriateness and accuracy of such instructions (for example, leaving with a neighbour or in an out-house) and we will not be liable for any loss or damage to the products incurred as a result of us carrying out your instructions. We reserve the right to deliver the goods to the account holder’s address. Delivery will be complete when the products are delivered to the address you specified when placing your order, or in accordance with other instructions you have given us.
Goods ordered from our site for delivery outside of the UK may be subject to import duties and taxes which will be levied when the products reach their delivery destination. You will be responsible for payment of any such import duties and taxes and we have no control over these charges and are unable to predict their size. You should contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- WRITTEN COMMUNICATIONS
Communications pertaining to orders made on our site or over the phone will be mainly through electronic means, including email. We may contact you by e-mail or provide you with information by posting notices on our website. You agree to these electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
Notice may be given to you at either the e-mail address or the account holder’s address. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail – that such e-mail was sent to the specified e-mail address of the addressee.
All written notices given by you to us must be given to Swimzi Limited at Customer Care Team, Swimzi Ltd, Unit 4N, Sileby Road Industrial Estate, Barrow Upon Soar, Leicestershire, LE12 8LP, UK, or by emailing us at [email protected]
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control. Such events may include, but are not limited to, strikes, industrial action; civil commotion, riot, invasion, actual or threatened terrorist attack, war, threat or preparation for war, fire, storm, flood, explosion, other natural disasters , or the impossibility of the use of public or private transport or telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government. Our performance under any Contract is deemed to be suspended for the period that the event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be performed.
- OTHER IMPORTANT TERMS
This contract is between you and us and no other person shall have any right to enforce and of its terms. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
- LAW AND JURISDICTION
Any contracts entered into between you and us shall be governed by English law and Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
- PERSONAL INFORMATION
Where you have provided us with personal information we may use this information for various purposes, for example to update and enhance our customer records, carry out identity verification, credit or anti-fraud checks against your name using third party databases (which may involve disclosure to registered credit reference or fraud prevention agencies who may retain and use your personal information), carry out analysis and to help us manage our business, statutory returns and legal and regulatory compliance.
Terms and conditions relating to our Competitions can be found here.
- GIFT CARDS
Terms and conditions relating to our Gift Vouchers can be found here.
- PROMOTIONAL CODES
Where you use a valid promotion code, the following additional terms and conditions apply on the discounts:
- Discounts will only be available on order values over the amount stated in the offer;
- Discounts are only valid until the date published;
- Discounts are only redeemable for purchases made on this website (swimzi.com);
- Discounts are not refundable;
- Only one discount may be used per customer per transaction;
- We reserve the right to end any Discounts at any time including prior to the advertised end date without notice;
- Exclusions may apply where a code cannot be used against a specific purchase, and Swimzi reserve the right to alter these exclusions at any time;
- Promotion codes cannot be used in conjunction with any other offer, unless expressly indicated;
- Promotion codes cannot be used to purchase Gift Vouchers, unless expressly indicated.