Terms & conditions

These Terms and Conditions (hereinafter “Agreement”) govern your (hereinafter “Customer” or “you”) relationship with Proswim Ltd trading as Swimfreak (hereinafter “we”, “Company” or “Proswim Ltd trading as Swimfreak”) and all orders you may make via the Proswim Ltd trading as Swimfreak website or with us via any other method. This Agreement including without limit paragraph 3 (“Liability”) does not affect your statutory rights. Proswim Ltd trading as Swimfreak reserves the right to amend any portion of this Agreement at any time without prior notice.

 

1. Service

1.1  Proswim Ltd trading as Swimfreak operates a Swimming Goggle retailer. Service includes processing of orders, packing selected item ordered, delivery to customer.

1.2  Orders are made by using our online ordering process.

1.3  You must be at least 18 years old to use the Service.

1.4  Communication with you in relation to any order or contract will be in English language.

1.5  Submitting an order amounts to an offer to enter into a contract to use the Service; you cannot then withdraw or cancel an order except as stated below.

1.6  We reserves the right to refuse any order.

1.7  Where Proswim Ltd trading as Swimfreak accepts an order, we will exert reasonable effort and care to ensure that your order is fulfilled. If we are unable to fulfil an order, we will inform you as soon as possible of this and you will not be charged. Provided the reasons for non-fulfilment are down to us. 

1.8  Ordering from our website carries with it the obligation to pay for your order in advance. We reserve the right to charge in full for any order unless we receive notice of cancellation before the order has been confirmed as dispatched. Any payments made for orders which have been properly cancelled will be re-credited.

1.9  Despite the above provisions, you are entitled to cancel a payment for orders where fraudulent use has been made of a payment card by a person not acting, or to be treated as acting, as a Customer’s agent. In these circumstances you should contact the card issuer for re-credit.

1.10  Current prices and charges are on the website. We reserve the right to hold your order until payment has been received in full. We also reserve the right to change prices without notice.

1.11  We may, at our discretion, select third parties to carry out any or all parts of the Service.

 

2. Logistics

2.1  Our delivery options and prices are also set out on the website.

2.2  You are responsible for all the details you provide to us and should ensure they are accurate and complete.

2.3  In the event that you do not accept delivery of an item and it is returned undelivered to Proswim Ltd trading as Swimfreak, an additional administration and postage charge of £9.95 will be charged to re-send the item. If the item returned is not claimed within ninety (90) days after the date returned to us, we reserve the right to dispose of them as we think fit, and shall not be held liable for any loss you may suffer in such event.

 

3. Liabilities

3.1  All processing times are approximate only. Proswim Ltd trading as Swimfreak and its agents cannot be held accountable for failure to adhere to quoted processing times.

3.2  In line with our returns policy, you can return your goggles to us within 30 days.

3.3  You must ensure that any returned goods are free of any damage that may have occurred while using them.

3.4  We do not accept liability for any damage or loss after your goggles have been delivered to you or your delegated person.   

3.5  In the unlikely event of damage or loss, you should contact customer services within two (2) business days following receipt of goods.

3.6  We will not accept liability for any claims made later than two (2) business days following receipt of the goods.

3.7  We shall not be liable for any delay in, or failure to perform, any of our obligations if the delay or failure is caused by circumstances beyond our control, including without limit, difficulties or failures of our suppliers.

 

4. Data Protection

4.1  Proswim Ltd trading as Swimfreak shall comply with all applicable data protection laws in the UK and Jersey Channel Islands.

 

5. Miscellaneous

5.1  By ordering an item it is accepting this Agreement, the Customer consents to receiving future information from Proswim Ltd trading as Swimfreak where this is deemed to be of a legitimate interest. Customer can unsubscribe by sending an email to hello@swimfreak.co.uk

5.2  Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and Proswim Ltd trading as Swimfreak.

5.3  Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

5.4  Customer acknowledges that there are no representations, warranties, or agreements by or between the parties which are not fully set forth herein, and no representative of Proswim Ltd trading as Swimfreak or Proswim Ltd trading as Swimfreak’s agents is authorised to make any representations, warranties, or agreements other than as expressly set forth herein. Only a writing signed by the parties may amend this Agreement.

5.5  Customer may not assign, sub-license or otherwise transfer any or all of his / her rights under this Agreement. Proswim Ltd trading as Swimfreak shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.

5.6  A person who is not a party to this Agreement shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This shall not affect any right or remedy of a third party which exists or is available apart from that Act.

5.7  Nothing in this Agreement shall limit or exclude Proswim Ltd trading as Swimfreak’s liability for personal injury or death caused by its negligence.

5.8  Should a provision of this Agreement be or become null and void as a whole or in part, or should a gap become evident, this does not affect the validity of the remaining provisions. Instead of the null and void provision, or in order to fill the gap, such valid and practicable regulation is deemed to be agreed with effect ex terms that in legal and economic terms comes closest to what Proswim Ltd trading as Swimfreak, and Customer intended or would have intended in accordance with the purpose of the Agreement if they had considered the point at the time of conclusion of the Agreement. If the nullity of a provision is due to a degree of performance or time (period or deadline) laid down in this provision, then the provision is deemed to be agreed with a legally permissible degree that comes closest to the original degree.

5.9  This Agreement shall be governed by and construed in accordance with the laws of England and Wales and Jersey Channel Islands, and any disputes arising shall be subject to the exclusive jurisdiction of the courts of England and Jersey Channel Islands.

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