Terms & conditions
These Terms and Conditions (hereinafter “Agreement”) govern your (hereinafter “Customer”) relationship with Proswim Ltd trading as Swimfreak (hereinafter “Company” or “Proswim Ltd trading as Swimfreak”) and all orders Customer may make via the Proswim Ltd trading as Swimfreak website or with the Company via any other method. This Agreement including without limit paragraph 3 (“Liability”) does not affect Customer’s statutory rights. Proswim Ltd trading as Swimfreak reserves the right to amend any portion of this Agreement at any time without prior notice.
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 Customer may submit orders by using Company’s online ordering process or by calling customer services.
1.3 Customer must be at least 18 years old to use the Service.
1.4 Communication with Customer in relation to any order or contract will be in English language.
1.5 Customer’s submission of an order amounts to an offer to enter into a contract to use the Service; Customer cannot then withdraw or cancel an order except as stated below.
1.6 Proswim Ltd trading as Swimfreak reserves the right to refuse any order.
1.7 Where Proswim Ltd trading as Swimfreak accepts an order, it will exert reasonable effort and care to ensure that Customer’s order is fulfilled. If Company is unable to fulfil an order, it will inform Customer as soon as possible of this and Customer will not be charged, provided the reasons for non-fulfilment are due to Proswim Ltd trading as Swimfreak.
1.8 Ordering the Service carries with it the obligation to pay for it in advance unless the Company receives from Customer a cancellation of or change to the order prior to having confirmation sent to the customer that the item ordered has been dispatched by Proswim Ltd trading as Swimfreak or Proswim Ltd trading as Swimfreak. Proswim Ltd trading as Swimfreak reserves the right to charge in full for any order unless it has received notice of cancellation before the order has been confirmed as dispatched. Any payments Customer has made for orders which have been properly cancelled will be re-credited.
1.9 Despite the above provisions, Customer is 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 Customer’s agent. In these circumstances Customer must contact the card issuer for re-credit.
1.10 Current prices and charges are stipulated in Company’s price list, which is accessible through the Proswim Ltd trading as Swimfreak website or via customer services. All payments are due in advance of any services rendered by Company. Company reserves the right to hold Customer’s orders until payment has been received in full. Proswim Ltd trading as Swimfreak reserves the right to change prices without notice.
1.11 Company may at its sole discretion select third parties to carry out any or all parts of the Service.
2.1 When each order is placed, Proswim Ltd trading as Swimfreak will dispatch item and deliver within fifteen (15) days of receiving order. three (3) business days in advance of Customer’s chosen collection date.
2.2 Customer is responsible to ensure that all details provided by Customer to Proswim Ltd trading as Swimfreak are accurate and complete.
2.3 In the event that Customer does not accept delivery of items and the time 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 Proswim Ltd trading as Swimfreak, Proswim Ltd trading as Swimfreak reserves the right to dispose of them as it sees fit and shall not be held liable for any loss that Customer may suffer in such event.
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 Goods can be returned by the customer with clause 3.3 of this document adhered too. The customer has 14 days to return any items.
3.3 Upon returning of goods, Customer must ensure that all items are free of any damages that may have occurred while using the Service as well as any losses of items.
3.4 In the event that the delivery is damaged or lost after being handed over to Customer or a delegated person, Proswim Ltd trading as Swimfreak does not accept liability.
3.5 In the unlikely event of damage / loss, Customer is asked to contact customer services within two (2) business days following receipt of goods.
3.6 Proswim Ltd trading as Swimfreak will not accept liability for any claims made later than two (2) business days following receipt of the goods by Customer or a person acting as Customer’s agent.
3.7 Company shall not be liable for any delay in or failure to perform any of its obligations if the delay or failure is caused by circumstances beyond its reasonable control including, without limit, difficulties or failures of its 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. Use of Website
5.1 The conditions as outlined in Company’s separate Website Policy shall apply.
6.1 By ordering an item it is accepting this Agreement, the Customer consents to receiving future promotional information from Proswim Ltd trading as Swimfreak. Customer can unsubscribe by sending an email [email protected]
6.2 Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between Customer and Proswim Ltd trading as Swimfreak.
6.3 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.
6.4 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.
6.5 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.
6.6 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.
6.7 Nothing in this Agreement shall limit or exclude Proswim Ltd trading as Swimfreak’s liability for personal injury or death caused by its negligence.
6.8 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.
6.9 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.